7 human kind, the whole of humankind27. Solidarity is nourished precisely of the wish to diminish human suffering28. 17. To the perspicacity of Duguit (who left his mark in legal science), however, an aspect escaped, which I consider of major importance: the temporal dimension. Both Durkheim and Duguit examined "social solidarity" in the relations of human beings, that is, of the living; I think that, if we consider those relations in time, they ought to comprise also the dead, with their spiritual legacy, - as the facts of the present Bámaca Velásquez case suggest. Solidarity assumes, thus, a wider dimension, beyond the social one: one is before human (not only social) solidarity, in the links which unite the living to their dead. 18. In effect, in my Separate Opinion in the Judgment as to the merits of this same case Bámaca Velásquez (2000), I saw it fit to ponder, precisely in this sense, that "The respect to the memory of the dead in the persons of the living constitutes one of the aspects of human solidarity that links the living to those who have already died. The respect to the mortal remains is also due to the spirit which animated in life the dead person, in connection moreover with the beliefs of the survivors as to the destiny post mortem of the person who died. It cannot be denied that the death of an individual affects directly the life, as well as the juridical situation, of other individuals, especially his relatives (as illustrated, in the frameword of civil law (droit civil), by the norms of family law and the law of successions). In the face of the anguish generated by the death of a beloved person, the burial rites, with the mortal remains, purport to bring a minimum of consolation to the survivors. Hence the importance of the respect for the mortal remains: their hiding deprives the relatives also of the burial ritual, which fulfils the needs of the unconscious itself and nourishes the hope in the prolongation or permanence of being (even though only in the live memory and in the links of affection of the survivors). The hiding and lack of respect for the mortal remains of the beloved person affect, thus, his close relatives in the innermost part of their being. The spiritual legacy of the dead, in its turn, constitutes, in my understanding, an expression of the solidarity of those who have already died with those who are still alive, in order to help these latter to confront the injustices of this world, and to live with its queries and misteries (such as those of the passing of time and of the destiny of each one). But the expression of solidarity seems to me to operate also in the other, reciprocal, sense, of the living towards their dead, by virtue of the sufferings that these latter had to undergo before their crossing towards eternity" (pars. 19-21). 19. In a Separate Opinion in the case of the Community Mayagna (Sumo) Awas Tingni versus Nicaragua (2001), in singling out the attention dedicated by the InterAmerican Court to the communal form of property prevailing among the members of that indigenous community in Nicaragua, it was pointed out that such "communal conception, besides the values underlying it, has a cosmovision of its own, and an important intertemporal dimension, in bringing to the fore the bonds of human solidarity that link those who are alive with their dead and with the ones who are still to come"29. Despite the fact that the links of solidarity between the living and the dead 27 . Ibid., pp. 31 and 40. The different needs of each one are are fulfilled within the social environment with solidarity, and the search for a more egalitarian society is fostered by solidarity (ibid., pp. 44-47). 28 . Ibid., pp. 49-51. 29 . IACtHR, case of the Community Mayagna (Sumo) Awas Tingni versus Nicaragua, Judgment of