«The Children of the Disappeared

Oren Study Questions

1. In connection with the transitional justice readings, we identified two main (and 5 sub) types of obstacles to effective judicial responses to HR violations:

   Political: Resistance by members and sympathizers of old regime

   Resistance by members of the new regime (which has other interests that may conflict with a full out prosecution)

   Institutional: Outmoded laws/judicial institutions

   Lack of information

   Lack of finances

   How do the Abuelas overcome each of these obstacles in their attempts to recover their grandchildren?

2. What does Oren mean when she says the 1987 legislation is an acknowledgement of social probable cause?
3. What are the key elements the courts take into consideration in determining the best interests of the child?
4. Do societal interests play any role in deciding these cases?
5. How does the behavior of these judges match the civil law stereotypes we read about in Merryman?