3
aforementioned, consists in some considerations de lege ferenda on the centralization – and
the expansion – of said condition of victim (direct, lato sensu) under the American Convention
(considerations de lege ferenda). Thus, the field will be open to the presentation of my final
considerations in the form of epilogue.
II.
Considerations regarding the Conceptualization of Person and Victim
within Human Thinking.
11.
The exam of the conceptualization of victim must not be disassociated from that of the
conceptualization of person, which unravels an ample and fertile panorama of human thinking
throughout the centuries. Said conceptualization leads to the comparison of personality with
regard to individuality, to the formation of personalism beyond individualism, to the relation of
juridical personalism with subjective law, to the evolution of subjective law to the new
dimension of international juridical protection of human beings, and, in synthesis, to the
conceptualization of the victim taking into account the contribution of International Human
Rights Law. These are the matters I will refer to below.
1.
The Conceptualization of Person, and the Comparison of Personality
with regard to Individuality.
12.
The conceptualization of person has not been limited, throughout the centuries, to the
science of Law. Other areas of human knowledge, such as philosophy and even theology, have
also dealt with this matter. Within the framework of the latter, it has been observed, v.g., that
"C'est par métaphore que le mot persona, qui d'abord voulait dire masque,
acteur, rôle, a été ensuite employé pour désigner un être capable de jouer un rôle dans le
monde, un être sui generis, un tout indivisé et incommunicable, intelligent et libre"2.
13.
But it was naturally within the field of Law that the means used by people to make their
rights effective were created. Thus, the conceptual construction of legal personality, next to
that of legal capacity. But, at the same time, the study of legal personality and capacity
cannot, in my understanding, ignore the philosophical thoughts regarding personality and
individuality. Contrary to that proclaimed by the heralds of legal positivism, jurists have a lot to
learn from other areas of human knowledge, such as history, philosophy, theology,
psychology, among others.
14.
Just like said areas of knowledge took care of the conceptualization of the term person,
they also did so with regard to the answers to the violations of the rights inherent to human
beings. This is not something exclusive of juridical science, which has been highly enriched
with the contributions of other fields of human knowledge. Thus, v.g., when considering the
consequences of the violations to human rights, we turn to conceptions belonging to history
(the determination of truth), philosophy (the realization of justice), theology (pardon as
satisfaction for the victims),3 and psychology (the rehabilitation of victims).4
.
Ch. Journet, Introduction à la Théologie, Paris, Desclée de Brouwer Édit., 1947, p. 56, and cf. pp.
297-299. – It has been considered that “the person, the human being as a person, is subject to an
existence and actions, although it is important to point out that the existence, that, that is personal and
not only individual in the sense of individual nature. Therefore, actions (…) are also personal;" K. Wojtyla,
Persona y Acción, Madrid, BAC, 1982, p. 90.
2
.
Cf. A.A. Cançado Trindade, "Responsabilidad, Perdón y Justicia como Manifestaciones de la
Conciencia Jurídica Universal", 8 Revista de Estudios Socio-Jurídicos - Universidad del Rosario/Bogotá
(2006) n. 1, pages 15-36.
3
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