Entre la ley y la realidad: eficacia del sistema penal colombiano ante la explotacion infantil

Abstract

The purpose of this research is to analyze the problem of child exploitation, which has increased considerably, becoming a social problem in our country. We will demonstrate how the State fails to address this regulatory gap and fails to provide guarantees, as it fails to take the pertinent and necessary measures to prevent or mitigate the phenomenon, nor does it protect the fundamental rights of minors. This research has a social and legal focus. It demonstrates that society and the State are uninterested in seeking a prompt solution to this situation, as regulations are often invisible and inefficient. For this reason, minors are currently identified as instruments of exploitation on the streets of our country, with the aim of generating a sense of pity in citizens. First, we review the history of child labor at the global and national levels. Likewise, we analyze the international treaties that regulate this problem. We contextualize child labor anthropologically and socially, and finally, we examine the regulations and jurisprudence that govern child exploitation in Colombia.