Maestría Reconciliación y Convivencia con Énfasis en Derechos Humanos y Victimología
URI permanente para esta colecciónhttp://hdl.handle.net/11634/13488
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Ítem Inclusión social de las víctimas del desplazamiento forzado en Colombia: un requisito para la reconciliación(Universidad Santo Tomás, 2024-06-26) Villarreal Pava, Juan; Paredes Téllez, AvelinoThe purpose of this research article is to carry out a study on concepts such as social inclusion and exclusion that allows us to propose a series of strategies that promote the inclusion of victims of forced displacement within the framework of the internal armed conflict in Colombia, as a form to contribute to national reconciliation. From a qualitative approach with a descriptive perspective, this research article will, first of all, analyze exclusion from different approaches to contribute to inclusion. The study will start from the most general, then this component will be studied in the face of public policies, the social and economic, and thus descend to the vulnerability and difficulty in accessing rights, basic services, formal jobs, decent conditions and their causes.Ítem Análisis práctico de satisfacción de las indemnizaciones a las víctimas de Mampuján por los hechos sucedidos en mayo de 2000(Universidad Santo Tomás, 2024-06-04) Gómez Jiménez, Reynaldo; Sarmiento Mogollón, Roberto; Mejía García, Glendy JohannaThe research article seeks to expose the level of satisfaction of the victims of Mampuján in relation to the sentence of the Superior Court of Bogotá Justice and Peace Chamber as part of the integral reparation from the collective and individual point of view and what has been executed by the State and the different institutions to date. According to the information obtained from the victims, a common denominator was found, which is the perception of non-compliance in the integral reparation, due to the delay in being recognized as victims and because although works have been executed, they are unfinished.Ítem Visión del Territorio por el Pueblo Arhuaco, Resguardo Jimaín, y sus Correspondientes Implicaciones de Cara a los Artículos 13 y 14 del Convenio 169 de la OIT.(Universidad Santo Tomás, 2024-01-25) Moya Pino, Danny Jhoana; Villegas Roldan, Diana Lucia; Rodas Velasquez, Javier Antonio; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0002075583; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000105879; https://orcid.org/0000-0002-6507-9405This research presents a point of view regarding the vision that some members of the Arhuaco People have of their territory, specifically in the Jimaín reservation; and incidentally verify compliance with what is stated in articles 13 and 14 of Part II. Lands, of ILO Convention 169. In this sense, to consolidate the information from our research, we had the following tools that allowed us to advance in our mission: firstly, we participated in the Intercultural Dialogues Diploma, and in its different activities, likewise interviews were conducted with the leaders, Saúl Tobías Mindiola Romo, member of the Arhuaco People and Councilor of the Municipality of Pueblo Bello (César), Herbert Zapata Izquierdo, who is part of the support team of the authorities regarding the territorial issue, of the Jimaín reservation, and Gwaiawingumo Chaparro Torres, member of the Arhuaco people. With these aforementioned elements, the vision that these leaders have about their territory, their problems regarding its protection, taking into account articles 13 and 14 of ILO Convention 169 and their rights as an indigenous community, will also be built. We will identify the normative and jurisprudential framework to explain the concepts, characteristics, implications, problems, regarding the indigenous territoryÍtem El daño moral y el daño psicológico: categorías conceptuales autónomas ante la reparación judicial a víctimas(Universidad Santo Tomás, 2023-06-26) Sánchez Bobadilla, Lizzette Alejandra; Pabón Álvarez, Oscar Joffret; Benavides Mendoza, Gissette CarolinaIn this paper, the criteria are based on which moral damage and psychological damage can be considered autonomous and independent conceptual categories in the context of judicial and comprehensive reparation for victims. For this purpose, the conceptual and pragmatic elements of moral damage are operationalized, the conceptual and pragmatic elements of psychological damage are specified, the concepts of moral damage and psychological damage are differentiated, in the context of judicial reparation for victims, and it is conceptualized the divergence in the determination of psychological damage and moral damage, in the process of comprehensive reparation for victims in Colombia.Ítem Indemnización administrativa para las víctimas de desplazamiento forzado: una mirada desde la legislación colombiana y la Corte Interamericana de Derechos Humanos(Universidad Santo Tomás, 2023-02-15) Gómez Villalba, Mónica Lizette; Orozco Henao, Luz Doriana; Archila Antolínez, María ElsaContemporary approaches to reparation for victims of armed conflicts revolve around the concept of comprehensiveness, that is, giving victims not only material compensation, but also recognition, a request for forgiveness, justice, in other words, it is about putting the victim in the situation and conditions in which he/she was prior to the victimization event. In Colombia, comprehensive reparation is far from having a successful application and millions of Colombian victims of the conflict, and in particular of forced displacement, are still waiting for it, this work has analyzed administrative compensation in particular with the purpose of establishing its coherence. With the line given by the Inter-American Court, finding that although an effort has been made by the state, it is far from what was proposed by said Court, it was also desired to establish its material contribution in comprehensive reparation, finding that its contribution is minimal and even shameful that the State has only been able to give some compensation to one out of every 10 victims. Finally, this research concluded that its contribution to comprehensive reparation and the inclusion of victims is materially insufficient.Ítem El reclutamiento forzado de niños, niñas, adolescentes y jóvenes en Colombia en el marco del posacuerdo(Universidad Santo Tomás) Plata Niño, Cesar Mauricio; Plata Santos, Cesar Augusto; Archila Antolinez, Maria ElsaArmed groups in Colombia have committed the crime of forced recruitment of children, adolescents and young people, which has more than 11,000 victims in the country, even after the signing of the peace agreement in 2016, which means there is persistence in the face of crime. That is why this study is carried out on the basis of the need to review public policy on forced recruitment of minors in Colombia, which carried out a theoretical review in academic databases and official pages, on various dimensions of forced recruitment in Colombia, such as their background international law, the norm, its theoretical delimitation, functional consequences and in order to assess public policy in the field of prevention and reparation of NNAJ victims of this war crime.Ítem Factores de riesgo psicosocial incidentes en NNA (Niños, Niñas y Adolescentes) víctimas del reclutamiento forzado en el Catatumbo(2022-06-29) Tarazona Claro, Claudia Elena; León Fonseca, Laura Matilde; Benavides Mendoza, Gissette CarolinaThis article analyzes the incident psychosocial risk factors in NNA victims of forced recruitment in Catatumbo, how those that allow and give way to minors join the ranks of the various armed groups outside the law that is currently recurrent in the Catatumbo area. Additionally, it explains in a comprehensive and detailed manner each context in which incident psychosocial risk factors are developed in NNA victims of forced recruitment in Catatumbo. Academic texts and the collection of different testimonies of the participating children were used, showing that, in the post-conflict stage, social inequality and poverty continue to be the causes of their vulnerability. The methodology of this article is supported by documentary research based on bibliographic designs; which allows an interpretive and comprehensive paradigm of qualitative studies. Likewise, the benefits of the hermeneutical method were used for the analysis of the categories. Finally, it is concluded that it is imperative to undertake legal, psychosocial actions that support and favor a real transition towards peace and guarantee the construction of a good life project for the mitigation of the phenomenon of forced recruitment of minors in the Catatumbo area.Ítem El arte comunitario en la construcción de paz: experiencia de la Fundación de Artes Empíricas de Villa del Rosario, Norte de Santander(2017-07-26) Estupiñán Quintero, Deyzis Carolina; Reyes Jaimes, JohanaThe empirical arts foundation was born from a personal life project of Mrs. Martha Mora, from Cartagena, mother of two children, poet and victim of the internal armed conflict in the 1990s. In order to overcome her situation as a victim, Martha rethinks her life and is dedicated to the well-being of young people in Colombia. To do this, she identified the artistic talents of her children and the young people in her neighborhood (Buena Vista 2- houses given by the government to victims of the armed conflict in Villa del Rosario, Norte de Santander) and decided to bring them together to teach them arts. Despite not having any academic degree, she began this work 7 years ago through small artistic projects that supported people and social organizations. The process has been positive over time, leaving a mark on the formation of these children who today are young with a clearer approach to life. The various activities carried out by the foundation have not only transformed the lives of the young people that make it up, but have also been replicated in other territories at the national level and have had a great social impact, despite this these experiences have not been systematized. In this sense, this article seeks to publicize the foundation's main experiences in building peace through art. For this, the methodology of systematization of experiences that seeks to collect, organize and analyze the processes given in the foundation will be used. Finally, the main artistic pedagogies and methodologies that contribute to peacebuilding are exposed in order for them to be replicated and valued in the national territory.Ítem El perdón como necesidad de los sobrevivientes del conflicto armado colombiano: diálogos entre Hannah Arendt y las mujeres del documental “Desde diversas orillas”(2021-07-26) Mateus Saavedra, Sara Yesenia; Ruiz Gutiérrez, Adriana Maria; Universidad Santo TomásThis article analyzes forgiveness as a “need” of the victims of the Colombian armed conflict, based on the voice of women contained in the documentary video “From various shores” (2012). In addition, the philosophical and political thought of Hannah Arendt (1906-1975) will be considered, who conceives forgiveness as a "need" proper to interaction in community, which enables respect and trust between human beings and allows remedy the acts that caused harm. This article used academic texts and stories from the women that appear in the aforementioned documentary. This investigative exercise has hermeneutics as its paradigm and method, seeking to understand the concept of forgiveness from different approaches and relationships with analogous terms, such as promise, forgetfulness, recognition of guilt, freedom, thought and reconciliation. This paper concludes by noting that forgiveness cannot be generalized (not all victims of the documentary accept this possibility), nor can it be ignored in transitional justice processes, academic debates and socio-political experiences.Ítem Aproximación a la memoria histórica del conflicto armado interno colombiano desde la crónica en Alberto Salcedo Ramos.(2021-01-26) Sánchez Barreto, Jhon Alexander; Zúñiga Barrios, Miguel AlonsoThe following reflection article shows how, from the literature –namely the chronicle genre- the chronicler Alberto Salcedo Ramos portrays the suffering caused to the civil and vulnerable population by the actors of the Colombian Internal Armed Conflict and how this brings us closer to our historical memory. A structured analysis and reflection exercise was carried out on three of his chronicles oriented by categories such as: armed conflict, historical memory and chronicle, based on the qualitative research approach and the application of the hermeneutical research method, using the documentary analysis technique called Specialized Analytical Summary. This article answers the question: is it possible to have an approach to the historical memory of the Colombian internal armed conflict, through the chronicle literary genre, in three texts by the writer Alberto Salcedo Ramos? By contrasting and triangulating the categories with the question that governs this reflection article in Salcedo Ramos’ chronicles plus the texts and contexts mentioned, it is inferred that this literary genre can promote the approach to events related to the armed conflict through the description of the facts and the recovery of the historical, individual or collective memory. In addition, it can be said that there is transversality, unveiling of the truth and the possibility of reconstruction, not only of historical memory, but also of the capacity to understand the hidden truths that fueled the Colombian armed conflict.Ítem La pedagogía para la paz como estrategia para la transformación de imaginarios sociales de violencia en niños y niñas de la región del Catatumbo(2020-09-09) Durán Ovallos, Eilynn Susana; Andrade Perdomo, Ángela MaríaThis article carries out a documentary study using the hermeneutical method, with the purpose of analyzing the social reality in which the children lives in the midst of the armed conflict in the Catatumbo region, emphasizing the serious effects that this situation generates in the integral development of the childhood and also how the violence appropriates of this reality and influences the ways of perceiving the social world through imaginaries meanings in favor of violence that affects their social construction process and has an impact on the adult of tomorrow. Therefore, from the theory of social constructionism, the text describes the self-creative and transformative capacity of the human being, which allows that in the face of a reality disturbed by the violence that affects the construction of subjectivities and identities of children, could develop changes processes, based on methodologies and strategies proposed from the pedagogy for peace, being a priority their design and implementation that it should be included within the regional agenda in Catatumbo, aimed to work against the effects of the armed conflict on children and move from a violent culture to a culture of peace.Ítem Victima, resiliencia y verdad en el sistema penal. Constructo desde la corte constitucional(2020-04-03) Archila Antolinez, María; Benavides, CarolinaThe Political Constitution of Colombia implies the commitment of the social and democratic State of law, which imposes respect, protection and guarantee the rights of the victims; prevent its violation; protect your rights effectively; guarantee reparation and truth; investigate, prosecute and, where appropriate, punish serious violations of Human Rights. Documentary social research, qualitative type; condenses the main pronouncements of the Constitutional Court, in a context of transitional justice, which recognize victims intervene in the criminal process; have effective judicial protection; receive protective measures; know the truth; that justice be done and the reparation of the damage allowed by resilience, guaranteeing a lasting peace.Ítem Memorias de una historia sin fin(Universidad Santo Tomás, 2020-03-27) Rodríguez Pinzón, Julián Hernando; Rojas Villamizar, GladysThis article is based on the taking and resumption of the Palace of Justice in the city of Bogota DC, in 1985. Those facts started all kind of investigations of all the indoles internally. Even today some of those situations have not been clarified. By the light of the principles and guarantees of transitional justice, restorative justice and non-repetition, among others, the Inter-American Court of Human Rights pronounced about it. In the light of this pronouncement, the implications and obligations that emerge from it, will be entered to list the satisfaction of the reparations consigned by the Colombian State.Ítem ¿Las sanciones por delitos de lesa humanidad y crímenes de guerra en la Justicia Especial para la Paz son compatibles con el Estatuto de Roma?(2020-04-04) Escobar, Rubén; Ramelli, AlejandroAs a general objective of the article, the penal sanctions of ordinary justice will be compared specifically those indicated in the Rome Statute with those of the Special Justice for Peace, for crimes against humanity and war crimes. Research from a qualitative perspective, with a hermeneutical paradigmatic approach using a documentary analysis design; contrasting internal legislation and especially the Rome Statute with the Special Justice for Peace (JEP). It is evident that both the penalties and their approaches belong to different perspectives; some of a retributive nature and the others with a vision of a restorative nature. On the compatibility of both, it can be concluded that the penalties themselves are the only ones that could present difficulty, depending on the effectiveness of their implementation and verification.Ítem Alcances reparadores del perdón simbólico en victimas del conflicto armado en Colombia: una mirada teórica para su abordaje(2020-04-01) Paredes Téllez, Avelino; Benavides Mendoza, Gissette CarolinaIn the National System of Comprehensive Care and Reparation for Victims in Colombia - SNARIV, they state that. 7,227,885. Victims of the armed conflict are subjects of care and / or full reparation. Very alarming figures that reveal a serious problem regarding comprehensive reparation. They do not specify how many would be the victims of the Revolutionary Armed Forces of Colombia - FARC, but they must be repaired in full and as established by the Havana peace agreements signed on November 24, 2016 between the national government and the FARC in Bogotá. . Within the integral reparation, appeals for public forgiveness are referenced as a measure of symbolic reparation or moral compensation. This is a qualitative research because it is analyzed from secondary sources (documents, legislation, jurisprudence, other works, doctrine) the scope of public forgiveness as a form of symbolic reparation and from the theoretical references of human dignity and forgiveness in the philosophical, psychological, religious, political and legal fields. It is possible to establish that the requests for public forgiveness reviewed and analyzed in the massacres of Bojaya, La Chinita, and the kidnapping and murder of the eleven deputies of Valle del Cauca, have shades of political, philosophical, legal and psychological forgiveness. Furthermore, they consult the human dignity of the victims and are repairers.