Reconceptualización del daño extrapatrimonial a partir del enfoque convencional en la reparación integral de bienes y derechos convencionalmente protegidos

The recognition of State responsibility for the commission of grave violations of human rights and international humanitarian law – resulting from the non-observance of both national and conventional norms binding on Colombia – has led to the correlative emergence of the duty of reparation. This entails the recognition of measures aimed at providing the most extensive compensation for the damage caused by proportional and comprehensive reparation. The type of reparation recognized in each case will depend on the magnitude and nature of the damage caused. However, within the traditional theory of damage and reparation, measures have been conceived that essentially seek economic compensation for damages that do not have an economic nature. This includes compensatory measures for health damage, moral damage, damage to the life project, among others. Thus, rethinking the concept of non-pecuniary damage is necessary to understand that it is constituted when the impairment affects dimensions of the victim that cannot be economically compensated in any way. Instead, they require the recognition of non-pecuniary measures aimed at restoring the essential core of the affected right.