Critical Analysis of the Valuation of Non-Pecuniary Damage in the Case Law of the Inter-American Court of Human Rights

Towards True Equity

Abstract

The general objective of this paper is to make a critical analysis of the reparation of non-pecuniary damage in the jurisprudence of the Inter-American Court of Human Rights, referring to Colombian cases litigated from 1997 to 2024. This is done on the basis of the elaboration of tables in which unjustified differences are evidenced at the time of compensating non-pecuniary damage, which leads us to conclude that the Court must clarify concepts such as life project and event damage and, in general, reevaluate the always alluded criterion of equity to, instead, build objective and constant criteria of reparation.