The Germination of the ‘Spiritual Damage’ Concept: Focusing on the Separate Opinion of Judge Cançade Trindade to the Judgement on the Bámaca Velásquez v. Guatemala Case of Inter-American Court of Human Rights

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  • 「霊的損害」概念の萌芽―米州人権裁判所バマカ・ベラスケス対グアテマラ事件判決に付されたカンサード・トリンダーデ判事の個別意見に着目して―

Abstract

This paper analyzes and examines the separate opinion of Judge Antonio Augusto Cançade Trindade to the judgement on the Bámaca Velásquez v. Guatemala case of Inter- American Court of Human Rights to explore the germination of the concept of ‘spiritual damage’. ‘Spiritual damage’ was configurated by Judge Trindade in his separate opinion of the Moiwana community versus Suriname case. It is an aggravated form of moral damage with direct impact on the most intimate values of the human being, such as one’s inner self and relationships with the deceased. Its reparations should be made in the form of satisfaction from a long-term perspective. This paper concludes that his dynamic comprehension about the range of time axis from past to present, present to future, likely formed the germination of the ‘spiritual damage’ concept.

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