5
15.
In our understanding, the project of life is ineluctably linked to freedom, as
the right of each person to choose her own destiny. The Court has in this way
correctly conceptualized it in the present Judgment10, in warning that "it could
hardly be said that a person is truly free if she does not have options to direct her
existence and to bring it into its natural culmination. Those options possess, in
themselves, a high existential value. Accordingly, their cancellation or minimization
imply the objective reduction of freedom and the loss of a value which cannot pass
unnoticed from the observation of this Court"11.
16.
The project of life encompasses fully the ideal of the American Declaration of
1948 of proclaiming the spiritual development as the supreme end and the highest
expression of human existence. The damage to the project of life threatens,
ultimately, the very meaning which each human person attributes to her existence.
When this occurs, a damage is caused to what is most intimate in the human being:
this is a damage endowed with an autonomy of its own, which affects the spiritual
meaning of life.
17.
The whole chapter of reparations for violations of human rights ought to, in
our view, be reassessed from the perspective of the integrality of the personality of
the victim, bearing in mind her realization as a human being and the restauration of
her dignity. The present Judgment of reparations in the Loayza Tamayo case, in
recognizing the existence of the damage to the project of life linked to the
satisfaction, among other measures of reparation, takes a correct and reassuring
step in this direction, which, we trust, will be object of further jurisprudential
development in the future.
Recueil des Cours de l'Académie de Droit International de La Haye (1961) pp. 585-586; R. Wolfrum,
"Reparation for Internationally Wrongful Acts", Encyclopedia of Public International Law (ed. R. Bernhardt),
vol. 10, Amsterdam, North Holland, 1987, pp. 352-353.
10.
The Court has warned in the present Judgment that the damage to the project of life attempts
against personal development itself, by factors alien to the person, and to her "imposed in an unjust and
arbitrary way, with violation of the norms in force and of the trust which she had deposited on organs of
the public power obliged to protect her and to grant her security for the exercise of her rights and the
satisfaction of her legitimate interests" (paragraph 149).
11.
Paragraph 147.
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