La indemnización administrativa por desplazamiento forzado en Colombia y la reparación integral del daño antijurídico

Abstract

The administrative compensation provided for by the laws and regulatory decrees issued from 1997 to the present date does not address the true meaning of the integral compensation for the unlawful damage provided for in law 446 of 1998, article 16 or in the precedent of public international law and internal law, since it refers to personal injuries, death, torture and forced displacement due to violence exerted by armed groups outside the law, but does not take into account material, moral and altered damage to the conditions of existence. These damages are components of the unlawful damage that, according to Article 90 of the Political Constitution, must be compensated by the State.