Mhile academics debate the ranking of rights, information from the field
demonstrates their indivisibility. This Article explores how truth commissions
provide rich documentation of the interrelation between violations of Civil and
Political Rights (CPR) and Economic, Social and Cultural Rights (ESCR), using
Peru's Truth and Reconciliation Commission (TRC) as an example. The TRC's
findings show how social and economic inequalities contributed to the eruption of
political violence, which further exacerbated these conditions. This revelation
challenged the TRC to develop a reparation plan that adequately responded to the
needs of victim-survivors, while maintaining a causal link with damage caused by
the conflict. Ultimately, the TRC focused narrowly on repairing damage caused by
CPR violations. Yet now, almost four years later, the government confuses
development with traditional reparation measures, generating criticism. The
author proposes that Peru's post-conflict recovery may need to accept the overlap
between reparations and development to improve the "well being" of its intended
Laplante, Lisa J.
"On the Indivisibility of Rights: Truth Commissions, Reparations, and the Right to Development,"
Yale Human Rights and Development Law Journal: Vol. 10
, Article 4.
Available at: http://digitalcommons.law.yale.edu/yhrdlj/vol10/iss1/4