El Servicio Militar Obligatorio: un Análisis Desde la Óptica de los Derechos Humanos

Abstract

Since the birth of Colombia as a nation state, compulsory military service responds to recruitment dynamics by the National Army to older youth to incorporate the military, being forced to perform a duty that many sometimes goes against their fundamental rights and due process in the face of this duty. This research is based on an analysis of: whether compulsory military service violates human rights or, on the contrary, whether in the State, there is the power to recruit those who have turned the age of majority, and those who have passed the process of Recruitment. The theme developed, in five fundamental chapters that, starts from the very roots of recruitment in Spain to strengthen its presence in the American lands until reaching the present era. From the historical orbit, it goes through different periods in which recruitment is always present, and then demonstrates based on international treaties and national legislation, that military service in Colombia has always strictly adhered to this legal framework, obeying and complying with what these documents have demanded about military service, clearly from a weighted and regulated compliance This research spares no effort in demonstrating the reasons they are in the provision of the military service, based on the fulfillment of human rights, but also also does not leave aside the need to strengthen the Colombian Military Forces, by the multiple conflicts that arise throughout the Nation and that need the turnout of military service.