Amnesty: demanding access to justice for people in vulnerable situations and facing discrimination

Abstract

Background. Access to justice is an essential component of the democratic rule of law and requires institutions capable of identifying and addressing the inequalities and forms of discrimination that prevent people from exercising their rights on equal terms. In this context, amnesty operates as a legal mechanism for extinguishing criminal liability and its effects, although its effective application requires overcoming entrenched sociocultural paradigms and adopting specialised approaches.   Methods. A qualitative study with a documentary design and descriptive-interpretive scope was conducted. The analysis was based on a review of legal sources, legal doctrine, human rights instruments, and criteria related to the application of amnesty. The information was examined through a hermeneutic and critical approach aimed at assessing this legal mechanism from the perspectives of access to justice, equality, non-discrimination, and the differentiated circumstances of potential beneficiaries.   Findings. The study identifies that the effectiveness of amnesty depends not only on its legal recognition but also on institutional capacity to incorporate human rights standards, a gender perspective, vulnerability criteria, and sociocultural context. A strictly formal application of this mechanism may reproduce inequalities and limit its role as an instrument of justice.   Interpretation. Amnesty should be understood as a tool for access to justice rather than merely as a form of legal pardon. Its application requires reconsidering the continuation of punishment on the basis of differentiated criteria, overcoming institutional prejudices, and ensuring decisions consistent with human dignity, substantive equality, and the effective protection of rights.