Mediation as a Tool for the Consolidation of Human Rights

María Gimena Funes

doi:doi:10.11648/j.ijsts.20231104.14

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Mediation as a Tool for the Consolidation of Human Rights

María Gimena Funes

Published in International Journal of Science, Technology and Society (Volume 11, Issue 4)

Received: 23 June 2023 Accepted: 24 July 2023 Published: 22 August 2023

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Abstract

Given the progressive phenomenon of violence in our daily lives, there is an urgent need for an appropriate approach, mainly in the community, a space where citizens spend their time, displaying experiences, learning and links that are especially significant there. Contemporary societies are demonstrating the need for a paradigm shift around conflict resolution, since the high and complex conflictivity of the context demands different responses to those traditionally given. It is essential to find a tool capable of fostering synergistic relationships and building common and vital areas that interpret differences and the possible clash of interests as training instruments and forgers of a culture of peace, which can be appropriated and replicated in various spheres such as the family, the school, the club, the neighborhood, the work spaces. Is there the possibility that mediation is the appropriate path of justice to solve conflicts and show another way of relating to humans? Is this form of communication and interaction linking the key to reach new answers to this linking crisis in human coexistence since it implies the active participation of all parties in the solution of the conflict, it poses it not as a mere crime but as a fact interactional, always considering the need for a subsequent subjective relationship, recognition of the damage, responsibility and reparation, de-victimization and collaboration of all the protagonists in solving the problem? To carry out this analysis, a documentary investigation of the current systems of administration of justice was carried out, observing the success of the so-called alternative methods of dispute resolution (or conflicts), their attachment to self-compositive justice, finding that mediation is a method primary choice to any other, with increasing success and progressive acceptance in society. Hence, it is possible to conclude that mediation, as an alternative practice, is considered the necessary response to a high escalation of social conflict, closely linked to human rights and the creation of new modalities of justice and cooperation, as opposed to its passive reception and the experience of anomie, relational deterioration and lack of citizen satisfaction that the courts are throwing.

Published in	International Journal of Science, Technology and Society (Volume 11, Issue 4)
DOI	10.11648/j.ijsts.20231104.14
Page(s)	157-161
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2024. Published by Science Publishing Group

Keywords

Conflict, Mediation, Human Rights, Justice

References

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[2]	Centro de Información Judicial. (2009, 28 de abril). Highton presentó el mapa nacional de acceso a justicia [Informe de prensa Nº 61]. https://www.cij.gov.ar/nota-1073-Highton-present--el-mapa-nacional-de-acceso-a-justicia.html
[3]	Faz Arredondo, L. (2012). La justicia como virtud, igualdad y valor jurídico. Revista de Derechos Humanos y Estudios Sociales, (8), 133-148. http://www.derecho.uaslp. mx/Documents/Revista%20REDHES/N%C3%BAmero%208/Redhes8-07.pdf
[4]	González de Cossío, F. (2003). Mecanismos alternativos de solución de controversias: notas sobre el creciente desarrollo del área. Ars Iuris, (20), 39-67. http://historico.juridicas.unam.mx/publica/librev/rev/arsiu/cont/30/eju/eju2.pdf
[5]	Gozaini, O. A. (2009). La mediación: una nueva metodología para la resolución de controversias [Ponencia]. I Congreso Internacional de Derecho Procesal, La Habana, Cuba.
[6]	Márquez Cárdenas, A. E. (2007). La justicia restaurativa versus la justicia retributiva en el contexto del sistema procesal de tendencia acusatoria. Prolegómenos. Derechos y valores, XX (20), 201-212. https://www.redalyc.org/articulo.oa?id=87602012
[7]	Mazo Álvarez, H. M. (2013). La mediación como herramienta de la justicia restaurativa. Opinión Jurídica, 12 (23), 99-114. http://www.redalyc.org/articulo.oa?id=94528404007
[8]	Moore, C. (1986). El proceso de mediación: métodos prácticos para la resolución de conflictos. Granica.
[9]	Obarrio, F. M. (2009). Algunos aspectos institucionales de la mediación. Revista del colegio de abogados de la ciudad de Buenos Aires, 55 (1), 23-37.
[10]	Ripòl-Millet, A. (2001). Familias, trabajo social y mediación. Paidós.
[11]	Wilde, Z. (2000). Mediación y conciliación. Revista del colegio de abogados de la ciudad de Buenos Aires, 55 (1), 7-14.
[12]	Constitución Nacional de la República Argentina. (1994). Boletín Oficial de la República Argentina 28057, 10 de enero de 1995. http://servicios.infoleg.gob.ar/infolegInternet/anexos/0-4999/804/norma.htm
[13]	Comisión de Derechos Humanos de las Naciones Unidas. (1966, 16 de diciembre. En vigencia desde: 1976, 23 de marzo). Pacto Internacional de Derechos Civiles y Políticos. https://www.ohchr.org/sp/professionalinterest/pages/ccpr.aspx
[14]	Organización de los Estados Americanos. (1969). Convención Americana sobre Derechos Humanos (Pacto de San José) https://www.oas.org/dil/esp/tratados_b-32_convencion_americana_sobre_derechos_humanos.htm

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María Gimena Funes. (2023). Mediation as a Tool for the Consolidation of Human Rights. International Journal of Science, Technology and Society, 11(4), 157-161. https://doi.org/10.11648/j.ijsts.20231104.14

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María Gimena Funes. Mediation as a Tool for the Consolidation of Human Rights. Int. J. Sci. Technol. Soc. 2023, 11(4), 157-161. doi: 10.11648/j.ijsts.20231104.14

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María Gimena Funes. Mediation as a Tool for the Consolidation of Human Rights. Int J Sci Technol Soc. 2023;11(4):157-161. doi: 10.11648/j.ijsts.20231104.14

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@article{10.11648/j.ijsts.20231104.14,
  author = {María Gimena Funes},
  title = {Mediation as a Tool for the Consolidation of Human Rights},
  journal = {International Journal of Science, Technology and Society},
  volume = {11},
  number = {4},
  pages = {157-161},
  doi = {10.11648/j.ijsts.20231104.14},
  url = {https://doi.org/10.11648/j.ijsts.20231104.14},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijsts.20231104.14},
  abstract = {Given the progressive phenomenon of violence in our daily lives, there is an urgent need for an appropriate approach, mainly in the community, a space where citizens spend their time, displaying experiences, learning and links that are especially significant there. Contemporary societies are demonstrating the need for a paradigm shift around conflict resolution, since the high and complex conflictivity of the context demands different responses to those traditionally given. It is essential to find a tool capable of fostering synergistic relationships and building common and vital areas that interpret differences and the possible clash of interests as training instruments and forgers of a culture of peace, which can be appropriated and replicated in various spheres such as the family, the school, the club, the neighborhood, the work spaces. Is there the possibility that mediation is the appropriate path of justice to solve conflicts and show another way of relating to humans? Is this form of communication and interaction linking the key to reach new answers to this linking crisis in human coexistence since it implies the active participation of all parties in the solution of the conflict, it poses it not as a mere crime but as a fact interactional, always considering the need for a subsequent subjective relationship, recognition of the damage, responsibility and reparation, de-victimization and collaboration of all the protagonists in solving the problem? To carry out this analysis, a documentary investigation of the current systems of administration of justice was carried out, observing the success of the so-called alternative methods of dispute resolution (or conflicts), their attachment to self-compositive justice, finding that mediation is a method primary choice to any other, with increasing success and progressive acceptance in society. Hence, it is possible to conclude that mediation, as an alternative practice, is considered the necessary response to a high escalation of social conflict, closely linked to human rights and the creation of new modalities of justice and cooperation, as opposed to its passive reception and the experience of anomie, relational deterioration and lack of citizen satisfaction that the courts are throwing.},
 year = {2023}
}

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T1  - Mediation as a Tool for the Consolidation of Human Rights
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PY  - 2023
N1  - https://doi.org/10.11648/j.ijsts.20231104.14
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SN  - 2330-7420
UR  - https://doi.org/10.11648/j.ijsts.20231104.14
AB  - Given the progressive phenomenon of violence in our daily lives, there is an urgent need for an appropriate approach, mainly in the community, a space where citizens spend their time, displaying experiences, learning and links that are especially significant there. Contemporary societies are demonstrating the need for a paradigm shift around conflict resolution, since the high and complex conflictivity of the context demands different responses to those traditionally given. It is essential to find a tool capable of fostering synergistic relationships and building common and vital areas that interpret differences and the possible clash of interests as training instruments and forgers of a culture of peace, which can be appropriated and replicated in various spheres such as the family, the school, the club, the neighborhood, the work spaces. Is there the possibility that mediation is the appropriate path of justice to solve conflicts and show another way of relating to humans? Is this form of communication and interaction linking the key to reach new answers to this linking crisis in human coexistence since it implies the active participation of all parties in the solution of the conflict, it poses it not as a mere crime but as a fact interactional, always considering the need for a subsequent subjective relationship, recognition of the damage, responsibility and reparation, de-victimization and collaboration of all the protagonists in solving the problem? To carry out this analysis, a documentary investigation of the current systems of administration of justice was carried out, observing the success of the so-called alternative methods of dispute resolution (or conflicts), their attachment to self-compositive justice, finding that mediation is a method primary choice to any other, with increasing success and progressive acceptance in society. Hence, it is possible to conclude that mediation, as an alternative practice, is considered the necessary response to a high escalation of social conflict, closely linked to human rights and the creation of new modalities of justice and cooperation, as opposed to its passive reception and the experience of anomie, relational deterioration and lack of citizen satisfaction that the courts are throwing.
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Author Information

María Gimena Funes

Ministry of Social Development, Directorate of Children, Santa Rosa, Argentinian Republic

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APA Style

María Gimena Funes. (2023). Mediation as a Tool for the Consolidation of Human Rights. International Journal of Science, Technology and Society, 11(4), 157-161. https://doi.org/10.11648/j.ijsts.20231104.14

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ACS Style

María Gimena Funes. Mediation as a Tool for the Consolidation of Human Rights. Int. J. Sci. Technol. Soc. 2023, 11(4), 157-161. doi: 10.11648/j.ijsts.20231104.14

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AMA Style

María Gimena Funes. Mediation as a Tool for the Consolidation of Human Rights. Int J Sci Technol Soc. 2023;11(4):157-161. doi: 10.11648/j.ijsts.20231104.14

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@article{10.11648/j.ijsts.20231104.14,
  author = {María Gimena Funes},
  title = {Mediation as a Tool for the Consolidation of Human Rights},
  journal = {International Journal of Science, Technology and Society},
  volume = {11},
  number = {4},
  pages = {157-161},
  doi = {10.11648/j.ijsts.20231104.14},
  url = {https://doi.org/10.11648/j.ijsts.20231104.14},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijsts.20231104.14},
  abstract = {Given the progressive phenomenon of violence in our daily lives, there is an urgent need for an appropriate approach, mainly in the community, a space where citizens spend their time, displaying experiences, learning and links that are especially significant there. Contemporary societies are demonstrating the need for a paradigm shift around conflict resolution, since the high and complex conflictivity of the context demands different responses to those traditionally given. It is essential to find a tool capable of fostering synergistic relationships and building common and vital areas that interpret differences and the possible clash of interests as training instruments and forgers of a culture of peace, which can be appropriated and replicated in various spheres such as the family, the school, the club, the neighborhood, the work spaces. Is there the possibility that mediation is the appropriate path of justice to solve conflicts and show another way of relating to humans? Is this form of communication and interaction linking the key to reach new answers to this linking crisis in human coexistence since it implies the active participation of all parties in the solution of the conflict, it poses it not as a mere crime but as a fact interactional, always considering the need for a subsequent subjective relationship, recognition of the damage, responsibility and reparation, de-victimization and collaboration of all the protagonists in solving the problem? To carry out this analysis, a documentary investigation of the current systems of administration of justice was carried out, observing the success of the so-called alternative methods of dispute resolution (or conflicts), their attachment to self-compositive justice, finding that mediation is a method primary choice to any other, with increasing success and progressive acceptance in society. Hence, it is possible to conclude that mediation, as an alternative practice, is considered the necessary response to a high escalation of social conflict, closely linked to human rights and the creation of new modalities of justice and cooperation, as opposed to its passive reception and the experience of anomie, relational deterioration and lack of citizen satisfaction that the courts are throwing.},
 year = {2023}
}

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TY  - JOUR
T1  - Mediation as a Tool for the Consolidation of Human Rights
AU  - María Gimena Funes
Y1  - 2023/08/22
PY  - 2023
N1  - https://doi.org/10.11648/j.ijsts.20231104.14
DO  - 10.11648/j.ijsts.20231104.14
T2  - International Journal of Science, Technology and Society
JF  - International Journal of Science, Technology and Society
JO  - International Journal of Science, Technology and Society
SP  - 157
EP  - 161
PB  - Science Publishing Group
SN  - 2330-7420
UR  - https://doi.org/10.11648/j.ijsts.20231104.14
AB  - Given the progressive phenomenon of violence in our daily lives, there is an urgent need for an appropriate approach, mainly in the community, a space where citizens spend their time, displaying experiences, learning and links that are especially significant there. Contemporary societies are demonstrating the need for a paradigm shift around conflict resolution, since the high and complex conflictivity of the context demands different responses to those traditionally given. It is essential to find a tool capable of fostering synergistic relationships and building common and vital areas that interpret differences and the possible clash of interests as training instruments and forgers of a culture of peace, which can be appropriated and replicated in various spheres such as the family, the school, the club, the neighborhood, the work spaces. Is there the possibility that mediation is the appropriate path of justice to solve conflicts and show another way of relating to humans? Is this form of communication and interaction linking the key to reach new answers to this linking crisis in human coexistence since it implies the active participation of all parties in the solution of the conflict, it poses it not as a mere crime but as a fact interactional, always considering the need for a subsequent subjective relationship, recognition of the damage, responsibility and reparation, de-victimization and collaboration of all the protagonists in solving the problem? To carry out this analysis, a documentary investigation of the current systems of administration of justice was carried out, observing the success of the so-called alternative methods of dispute resolution (or conflicts), their attachment to self-compositive justice, finding that mediation is a method primary choice to any other, with increasing success and progressive acceptance in society. Hence, it is possible to conclude that mediation, as an alternative practice, is considered the necessary response to a high escalation of social conflict, closely linked to human rights and the creation of new modalities of justice and cooperation, as opposed to its passive reception and the experience of anomie, relational deterioration and lack of citizen satisfaction that the courts are throwing.
VL  - 11
IS  - 4
ER  -

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