Maestría Derechos Fundamentales y Derechos Humanos

URI permanente para esta colecciónhttp://hdl.handle.net/11634/151

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Análisis jurídico de la Sentencia C–055/2022, en perspectiva con la situación sociocultural que se presenta en el barrio obrero de la ciudad de Quibdó – Chocó.
(Universidad Santo Tomás, 2023-12-16) Varela Ríos, Henry Yesid; Betancourt Moreno, Policarpa; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0002180932
Taking into account the specific sociocultural context of the working-class neighborhood of the city of Quibdó, this research adopts a qualitative approach to explore relevant aspects such as ideologies, ethnicity, gender and stratification. Its objective is to make visible the situation of vulnerability faced by the inhabitants of this area, characterized by unmet needs, insecurity and lack of guarantees necessary for a dignified life. Given these circumstances, the idea arose to investigate the perception of area residents regarding the recent decision (Sentence C-055 of 2022) that decriminalizes abortion within the first 24 weeks of gestation. To gather the information necessary for our research, we conducted structured interviews with several individuals or residents of Barrio Obrero. Among them were a social worker, a priest, five (5) women over 18 years of age, two adolescents under 14 years of age and a 17-year-old girl. The purpose of these interviews was to know each person's position on abortion, taking into account their beliefs, customs and reasons for supporting or opposing the topic of debate. Therefore, our investigation will focus on two specific cases of adolescents who voluntarily underwent termination of pregnancy without knowledge of Sentence C-055 of 2022 of the Constitutional Court, which allows termination of pregnancy up to the 24th week of gestation. . However, when considering the circumstances, they expressed the challenges they face in accessing this right that is granted to pregnant women who meet the conditions stipulated in said ruling within the Municipality of Quibdó due to the limitations of the health system and factors cultural. In this particular area of the Municipality, women face numerous forms of discrimination, particularly when seeking care at the only second-level hospital available. Abuse becomes evident when women arrive at the hospital seeking help for a natural or induced abortion. This problem, as expressed by the teenagers, is what led one of them to resort to clandestine methods with the help of her mother, using traditional medicines, which had lasting consequences. On the other hand, in a separate case, another teenager sought medical attention and suffered mistreatment by hospital staff when expressing her desire to have an abortion. This is an incredibly complex situation that is becoming increasingly difficult to address as doctors constantly convey their position. Their claim is that their purpose is to preserve lives, not end them. As a result, a significant number of women in the Municipality of Quibdó opt for clandestine voluntary abortions. However, with the recent court ruling, they believe it is essential to stand up for their rights and refuse to tolerate any further mistreatment or stigmatization. In an effort to avoid further suffering among women in this sector, a group of people from the working-class neighborhood of Quibdó has chosen to share their personal experiences, reasons and emotions around the termination of pregnancy. Its objective is to explore possible solutions to this very common problem and its impact on both the family and social environment.
Las Restricciones y Limitaciones Legítimas a los Derechos Fundamentales: Análisis de los Decretos Presidenciales 417 y 457 De 2020 Expedidos para Contener la Pandemia del Covid19
(Universidad Santo Tomás, 2023-09-27) Duque Arteaga, Paula Andrea; Ramírez Uriza, Luis Fernando; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001431871
This research aims to determine the legal and legitimate restrictions and limitations against fundamental rights resulting from the issuance and implementation of Presidential Decrees 417 (State of Economic, Social, and Ecological Emergency) and 457 of 2020 (instructions under the health emergency) aimed at containing the effects of COVID-19 in the city of Medellín within the framework of the pandemic. The affected fundamental rights are analyzed in light of theories on limitations, restrictions, and conflicts between fundamental rights, postulates of the Social Rule of Law, the rules of constitutional control, and human rights regulations, especially the pronouncements of these organizations during the pandemic. The concepts of common good, public interest, public order, police power, and solidarity are also addressed, categories that were decisive in issuing the aforementioned Decrees. Decrees 417 and 457 directly affected the fundamental rights of many people because mobility was restricted and this resulted in a chain of events affecting other rights such as the right to health and the right to work, among others.
El derecho fundamental a la educación como medio de protección del derecho a la identidad cultural y étnica de la comunidad indígena de los arhuacos
(Universidad Santo Tomás, 2024-03-16) Córdoba Palacio, Carlos Mario; Gutiérrez Dantón, José Antonio
El presente trabajo se centra en analizar si el derecho fundamental a la educación sirve como instrumento eficaz para la conservación de la tradición oral de la comunidad indígena de los Arhuacos; para lo cual fuera necesario estudiar las características del Estado pluriétnico y multicultural colombiano, acorde con una breve reseña de la identidad étnica y cultural de la comunidad indígena de los Arhuacos y el establecimiento de las implicaciones constitucionales del derecho fundamental y servicio público a la educación; de allí que la presente investigación se hubiera planteado bajo un enfoque metodológico cualitativo, en atención a aspectos teóricos y prácticos obtenidos de fuentes de consulta secundaria tales como entrevistas, libros y entrevistas, ciñéndose en estricto sentido a los lineamientos jurisprudenciales que la Corte Constitucional ha sentado de cara a la protección de la identidad étnica y cultural de la comunidad indígena de los Arhuacos a través del derecho fundamental a la educación. Permitiendo concluir que el derecho fundamental y servicio público de educación, visto a la luz del derecho constitucional colombiano, es una herramienta necesaria e indispensable que permite que comunidades indígenas como los Arhuacos puedan preservar, proteger y promover las características propias de su identidad étnica y cultural.
Conservación de la identidad cultural como derecho humano análisis desde la comunidad indígena Arhuaca Jimaín
(Universidad Santo Tomás, 2024-03-16) Cuesta Mosquera, Giver Daniel
In this work, the role that traditional authorities have in the conservation of the Arhuaco cultural identity will be investigated from the territory as a result of semi-structured interviews carried out with different groups of people from the Jimaín indigenous community of the Sierra Nevada de Santa Marta, as well as as the perception that the community itself has regarding the conservation of that identity, for this an analysis will be carried out based on the contextualization of the concept of cultural identity in the Arhuaca Jimaín indigenous community of the municipality of Pueblo Bello in the department of Cesar, in order to thus knowing the task of each of the participants in the conservation process, as well as the position of the community regarding the effectiveness of these processes. Therefore, relevant aspects in the conservation process will be mentioned from the birth of the Arhuaco indigenous person to becoming an adult. Then emphasis will be placed on the situations that the indigenous people of the Jimaín community consider that put at risk or threaten the conservation of their cultural identity as a human right. It is evident that with all the external advances to which these communities are exposed, it is possible that their cultural identity becomes blurred over time, therefore, carrying out an analysis of these possible causes and the efforts made from within the community community for this conservation is essential.
Rol y participación de la mujer en la preservación de la cultura Arhuaco de la comunidad de Jimaín de Pueblo Bello – Cesar
(Universidad Santo Tomás, 2024-03-16) Palacios Roa, Jesús David; Hinestroza Palacios, Sandra Liliana; Gutiérrez Dantón, José Antonio
The Arhuaca community is governed by the law of origin, “mother earth” taken as the main thing and the one that guides how one should live; through which a relationship is established between people, taking into account the spiritual and material aspects, to achieve coexistence between societies, cultures and all beings that are part of nature; where women are recognized as having an important role in the territory, in the construction and preservation of culture; Thus, it is also a spirit that gives life to the tree of harmony between man and nature.
¿Existe una Construcción de Cultura de Paz para la Comunidad Arhuaca Establecida en la Sierra Nevada de Santa Marta y Territorios Adyacentes en la Era del Postacuerdo?
(Universidad Santo Tomás, 2023-03-31) Ortega Jiménez, Fredy Alberto; Leones Blanco, Francisco Manuel; Rodas Velásquez, Javier; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000008914
As a result of integration with the community of Jimain - Arhuaca, as part of the diploma course "Intercultural dialogues on human rights and a culture of territorial peace," answers were given to the question about peace-building in their territory. The people of the Arhuacos have historically witnessed the migration to their territory of new inhabitants or bunachis, who with the Eysa (energy resulting from death) they bring, not processed by a Mamo, scatter it in their surroundings, creating a break with the Law of Origin, generating pain for the damage done to the territory that is the life of each Arhuaco. These actions were taken systematically, even in our times when the democratic social State governed by the rule of law is becoming inefficient in guaranteeing the rights afforded to indigenous peoples and Afro-descendants to preserve and maintain their own culture. They have not had access to their rights, norms of their own to perpetuate their culture. Great doubts and scepticism arise about the Colombian State, which is identified as responsible for what has happened historically because it rejects all these violatory actions and for the lack of guarantees for the rights differentiated from indigenous culture. From the aculturation with the arrival of the Spaniards in their ancestral territory where it was transformed by the process of conquest and colonization, there was a system of assaults that would reproduce to the present day. These conditions are not conducive to the consolidation of a culture of territorial peace. There has always been a willingness on the part of the Arhuaco people to engage in dialogue with all the inhabitants of the Sierra.
Cosmovisión de la Paz y Prácticas de Justicia Restaurativa del Pueblo Indígena Arhuaco en Escenarios de Conflicto, ¿un Aporte Clave de Cara al Perdón y la Reconciliación Sostenible en Colombia?
(Universidad Santo Tomás, 2023-11-28) Ortega Jiménez, Fabián Emilio; Morales Carmona, John Fredy; Rodas Velásquez, 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=0001339217; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0002064174; https://scholar.google.com/citations?hl=es&user=MbT52DAAAAAJ
To speak of peace is, above all, to speak of conflict, it is to speak of violence. What would peace be if it is not understood as the tireless search for an ideal that emerges in human beings from their relationship with society and that drives them to give the best of themselves and understand their co-responsible role with their own dignity as a human person and with that of others? The present work offers a holistic view of peace conceived as a human right from the individual, the group and the societal, understood from the praxis of the worldview of the arhuaco people observed within the community of Jimain in which they are practiced. daily ancestral knowledge that fosters, based on meetings and dialogue as a tool of expression, the peaceful solution of conflicts and promotes restorative justice between the parties in conflict to promote forgiveness and reconciliation as a culture of peace.
Mecanismos de Solución de Conflictos Aplicable en la Comunidad Arhuaca Jimanin Respectos a las Faltas Cometidas por Niños, Niñas y Adolescentes
(Universidad Santo Tomás, 2023-11-08) Sanchez Lopera, Angile Paola; Cáceres Herrera, Diana Marcela; Rodas Velásquez, Javier Antonio; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0002075583
One of those prerogatives that are irrevocable under constitutional law and that are currently fully in force is the protection of children as subjects of special protection. However, in some contexts it is not necessary to have them legally recognized in order to achieve effective protection. One example is the Jimaín community belonging to the Arhuaco reserve in the Sierra Nevada de Santa Marta, who see community-family dialogue as an essential general intervention strategy and direct parent-child training through counsel and example as a tool for assertive management, without appeal. violence or ill-treatment. This research, supported by interviews with members of the Jimaín community during the immersion from February 17 to 21, 2023, showed the existence of conflict resolution mechanisms based on dialogue, parenting patterns with assertive communication and the understanding that problems with children and adolescents involve their parents and that the home is the first protective and interventionist entity in the face of their children's mistakes.
Impacto de la Crisis Sanitaria en Colombia Causada por el COVID -19, Sobre los Pueblos Indígenas, Desde el Enfoque Diferencial Étnico y de Derechos Humanos - 2022
(Universidad Santo Tomás, 2023-09-15) Potes Moreno, Luz Aida; Yuranny Andrea, Rivera Alcaraz; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000069941; https://orcid.org/0009-0005-3944-2345
The objective of this study is to identify the impact of the health crisis in Colombia, caused by COVID-19 on indigenous peoples, from a differential ethnic and human rights approach. It focuses especially on the universal and fundamental right to health, since it is intended to make visible the existing gaps, on the guarantee of this and other social, economic, and cultural rights, considering that the state has the duty to respect, protect and guarantee them progressively. This research was developed, under the methodological strategy of the case study, in two (2) indigenous communities of the Embera Dóbida People, located in the municipality of Bajo Baudó - Chocó, with a sample of 109 families, 494 people. In this process, a documentary analysis and approaches to the target population were carried out, to define the situation of the context in which the indigenous population settled in the communities of Villa Nueva and Nucidè lives. respectively, as well as the effects generated from the COVID -19 pandemic, derived from the disease caused by the SARS-CoV-2 virus and before the decision of the national government to decree mandatory preventive isolation, as a measure to prevent contagion, as of March 24, 2020, without considering the existing particularities. It is corroborated that: the pandemic generated by COVID-19 in Colombia, disproportionately and differentially impacted the ethnic population of the country, mainly in that population that is in dispersed contexts, in a situation of high vulnerability and with evident structural gaps. In the present study, situations are related that, based on the evidenced realities, During and after the health emergency, they are considered fundamental when guiding public policies of the State, with a differential approach (age, gender and diversity) that can guarantee the effective enjoyment of human rights in a timely manner and under conditions of equality, to the entire population residing in the Colombian territory and especially to those who, for some reason, are in the midst of difficult social environments, under recurrent and systematic violations of human rights (life, liberty, integrity and security) in the context of the internal armed conflict. The above, as a measure also oriented to prevention and protection. In this sense, state interventions should also be aimed at enhancing individual and collective capacities (durable solutions) for the mitigation of risks against new or future health emergencies, reducing their impact in case they arise. One of the gaps that need to be analyzed is the need to make effective and expand communication channels or digitization and the Internet, including accessibility and quality of connectivity, strengthen the health network and preventive health, without ignoring ancestral practices that also save lives, related issues related to the local and national economy, among others. This document also presents observations regarding the institutional gaps in Colombia related to inclusion and inequality. The results shown will help to understand the situation of the ethnic population in the department of Chocó, leaving an open window to continue researching on the subject, and positively influence the adoption of legal and constitutional measures from state institutions. Key words: Human rights – health, COVID – 19, ethnic population, vulnerability, institutional gaps, Colombian state, department of Chocó, guarantees.
Claves Bioéticas para la Interpretación Constitucional de la Gestación Subrogada en el Ordenamiento Jurídico Colombiano
(Universidad Santo Tomás, 2023-05-04) Chávez Duarte, Martha Esperanza; Chávez Duarte, Gloria Alexandra; Cuartas Giraldo, Maria Isabel; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001455795; https://scholar.google.com/citations?hl=es&user=L_aBqSMAAAAJ; https://orcid.org/0000-0003-1759-7854
There is a consensus in the doctrine about a legal gap in the Colombian legal system, which consists of the absence of specific regulation on surrogacy. Jurisprudence has had limited development in this regard, and, from the academy, legal debates have mainly been carried out around the missing regulation and its content. Legal literature has focused mainly on different dogmatic issues related to contractual matters typical of private law, leaving aside its approach from the constitutional and human rights perspective, which, necessarily, find a close connection with the bioethical perspective. This article, based on some ideas and approaches on the principles of bioethics, proposes to emphasize a series of constitutional principles for the interpretation, regulation and limitation of the atypical surrogacy contract in Colombia. Thus, it is determined that this practice raises a tension between the bioethical principles of justice and autonomy recognized in the Colombian legal system as part of the constitutionality block; and, on the other hand, the human rights to dignity and autonomy of the pregnant woman, which are essential constitutional pillars for the proposal of a specific regulation on surrogacy. Keywords: Surrogate Mothers, Reproduction Techniques, Bioethics, Infertility, Human Rights, Rights of Children and Adolescents.
Análisis de la Ley de Víctimas Decreto 1448/2011 y su Implementación en Territorios Étnicos (Pueblo Wounaan en el Chocó)
(Universidad Santo Tomás, 2023-09-18) Valdés Mosquera, Heyner Vladimir; Rivera Alcaraz, Yuranny Andrea; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000069941; https://orcid.org/0009-0005-3944-2345
In this document, the public policy on forced displacement and its implementation in the ethnic and collective territories of the Wounaan People in the department of Chocó, with Chocó, is analyzed with the purpose of determining whether this public policy is effective and guarantees the exercise of rights. fundamental rights, of the communities that have been victims of forced displacement, within the framework of the armed conflict and other behaviors that violate human rights. In this sense, the analytical method with a qualitative approach was used. It was found that the application of the victims' law shows gaps in execution and there are complexities in the implementation that impact the structural problems on the reality of the department of Chocó and the ethnic communities; There is evidence of disarticulation of public institutions that respond to the design of the implementation of the victims' law. Because, in recent years, a welfare system of law has been reflected to respond to the unmet basic needs of indigenous communities. and not a design for the implementation of public policies adjusted to the territorial realities and structural needs that for years have shown a historical degree of vulnerability in ethnic territories of the Colombian Pacific. This situation ends up being unsustainable, because Law 1448 of 2011 is not responding to overcoming the unconstitutional state of affairs established by the honorable Constitutional Court in ruling T-025 DE 2004, where it reiterates an extraordinary degree of vulnerability of indigenous communities. but rather to insufficient policies that do not seek effectiveness and efficiency in their implementation among the public institutions in charge of materializing the projections of the victims' law, which reflects the unfeasibility of the implementation of this policy in indigenous communities, since The design is not adjusted to the differential ethnic-territorial approach, as proposed in its application by Decree 4633 of 2011, which was formulated from the indigenous territories in accordance with their needs, worldviews and ancestors. From the above, it is concluded that implementing strategies that help train and strengthen the socioeconomic stabilization capacities of indigenous communities, in accordance with the worldview and the ancestral permanence of their culture, is the most viable.
El Estado y las Compañías Trasnacionales frente al derecho al medio ambiente: una perspectiva desde los Derechos Humanos
(Universidad Santo Tomás, 2023-03-06) Mejía Arboleda, Susana; Ospina Vasco, Carlos Andrés
Within the framework of Human Rights on the spectrum of collective rights, there is the right to a healthy environment, established as the protection of a fundamental legal right that is closely related to the realization of a decent life plan, this right it is usually exposed to multiple risks related to the development of human life, especially what has to do with economic activities. The fashion sector especially draws attention for its impacts on the environment, due to the disproportionate use of resources and the effects on them. This analysis explains in a general way the right to the environment and the existing protection mechanisms, with special emphasis in the case of Colombia, in relation to the management of multinational companies, placing special emphasis on the importance of implementing processes of promotion and prevention of this right with this type of industries that must increase their commitment to sustainable development.
Reformas establecidas en la ley 1952 de 2019 del régimen disciplinario
(Universidad Santo Tomás, 2021-12-15) Correa Rivera, Orlando; Bolívar Mojica, Eyder; Universidad Santo Tomás
ABSTRACT This paper specifically covers important aspects introduced in the reform of the Disciplinary Regime established in Law 1952 of 2019, It also indicates the scope of the Office of the Attorney-General as opposed to the competence to investigate and punish servers in a process without disregarding and guaranteeing the fundamental right of access to the administration of justice and to due process thereof, It should be noted that the new norm contained procedural modifications in matters such as double instance and extension of constitutional guarantees in investigative stages and in other types of processes and likewise in the substantial part, legal figures such as fraud and guilt are exhaustively introduced. to disciplinary law to establish the procedural part of disciplinary law. Finally, it is perceived that the reform of the Disciplinary Regime was directed mainly by a guarantee axis that sought, in principle, the non-violation of the human and political rights of those involved in ongoing disciplinary cases..
El Mecanismo de extensión de la jurisprudencia como garante de Derechos Fundamentales, Subjetivos Y Humanos en el marco de un estado social de derecho
(Universidad Santo Tomás, 2021-11-16) Ángela Johanna, Toledo Pinzón; Universidad Santo Tomás
The mechanism of extension of the jurisprudence as a response to the judicial congestion presented in the Administration and Council of State as the highest body of the Administrative Litigation, added to the reinforcement that gives the right to equality and fundamental principles within the Colombian legal system such as legality, due process, legal certainty, good faith, legitimate trust, self-protection among others, from the issuance of Law 1737 of 2011 and its subsequent reform with Law 2080 of 2021.
Situación de los niños, niñas y adolescentes reclutados ilegalmente por grupos al margen de la ley en colombia
(Universidad Santo Tomás, 2011) CHACÓN TRIANA, NATHALIA; RIVERA CIFUENTES, JESUS ALBERTO
This thesis aims to demonstrate the ineffectiveness of the national and international response to the phenomenon of illegal recruitment in Colombia. The text shows that the legal and institutional response does not cover all the needs of protection, care and the possibilities of reconstructing the life project of the boys, girls, and adolescents affected with this crime. It analyzes the overall context of the crime, describing the risk factors 4 and comparing it to other non international armed conflicts where there has been illegal recruitment; describes the international and national legal framework applicable to the phenomenon; explains the institutional work of each of the competent institutions in Colombia, and proposes several recommendations to address this phenomenon.
El derecho a la salud de la infancia y la adolescencia en Colombia : un análisis a partir de la supresión del plan obligatorio de salud
(Universidad Santo Tomás, 2019-12-06) Rincón Rubiano, Adriana María; Avellaneda Hernández, Sandra Liliana
The fundamental right to the health of children and adolescents in Colombia, is a right that has not been fully materialized by the State authorities, for this reason it has been necessary to resort to the action of guardianship as a protection mechanism so that It is the constitutional judge who declares this right to minors. With the entry into force of article 15 of Law 1751 of 2015, allegedly it is possible to consolidate an effective enjoyment of the right to health, a statement that a fallacy, although it is intended to offer users of the health system that idea, the truth is That the crisis does not end.

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