APLICACIÓN DEL PRINCIPIO DE IGUALDAD EN EL PROCESO ADMINISTRATIVO DE RESTABLECIMIENTO DE DERECHOS –PARD- DE LOS NIÑOS EN LOS MUNICIPIOS DE SORACÁ Y PISBA, QUE HAN SIDO VÍCTIMAS DE ABUSO SEXUAL ENTRE LOS AÑOS 2018-2019

Abstract

The fundamental rights of children and adolescents are protected by article 44 of the constitution and imposes on the State the obligation to assist and protect them to guarantee their integral development and the full exercise of their rights, article 13 Constitutional states that all people are born free and equal before the law, will receive the same protection and treatment from the authorities and will enjoy the same rights, freedoms and opportunities without any discrimination, Law 1437 of 2011, determines that all authorities must interpret and apply the provisions that regulate administrative actions and procedures in the light among others of the principle of equality. This work analyzed whether the administrative process of restoration of rights -PARD contemplated in Law 1098 of 2006, in the light of the principle of equality, is guaranteeing the restoration of rights of children victims of sexual abuse, living in geographically dispersed places as in In contrast to Soracá, a municipality located 10 minutes from Tunja, the capital of the department of Boyacá. The research design used was the Documentary and as a research technique, a case study was used, with files from the Family Commissariats of the municipalities of Soracá and Pisba, the actions carried out by the authorities were compared, also carried out interview with the family curators of the 2 municipalities. The results obtained were that although the law regulates the PARD, it is not applied under the same conditions with respect to the municipality of Pisba than the municipality of Soraca, among other aspects because there is little participation and monitoring of entities of the national order and little appropriation of resources to guarantee the process as provided by law. An academic proposal is made with which it is considered that there may be greater participation and responsibility of the Nation in the primary purpose of restoring the rights of children.