Memory as a human right in Argentina: a reconstruction based on critical theory

Abstract

For the critical theory of human rights, memory has become an effective and necessary instrument to make victims visible and condemn a part of our history. The importance of memory as a human right falls on its double dimension, it acts as reparation for victims and their families, avoiding forgetfulness that results in impunity, and as a guarantee of non-repetition, since it promotes the creation of a collective conscience or memory in those countries that go through periods of transitional justice.

However, the Human Right to Memory has not been explicitly recognized by international and national regulations and jurisprudence, in contrast to the situation of the right to the truth -closely related to the first- and exposed throughout the text. Finally, in in this article we will reconstruct based on critical theory and the public policies adopted in Argentina will be investigated to conclude the status of recognition of the right to memory in the country. The methodology used consists of the documentary analysis of the pertinent bibliographic and normative material.