Examinando por Materia "Bloque de constitucionalidad"

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    La caducidad en las pretensiones de reparación directa frente a los delitos de lesa humanidad, genocidio y crímenes de guerra en Colombia
    (Universidad EAFIT, 2020) Zapata Naranjo, Sara María; Diaz Diez, Cristian
    The Unification Sentence of January 29th, 2020, delivered by the Colombian Council of State, set a precedent on the mandatory nature of the common expiration term of two years, counted from the knowledge of the unlawful damage, to claim against the State for direct reparation derived from human rights violations, such as crimes against humanity, genocide and war crimes. However, the case law of Inter-American Court of Human Rights, indicated that, although imprescriptibility clearly operates in criminal actions, it is also possible that this guarantee of imprescriptibility applies to other actions such as those aimed at suing the State. The most important is to safeguard the integral reparation right, regardless of the action that is initiated, when we are faced with human rights violations. Thus, taking into account the internal regulations, the pronouncements of the High Courts and the Colombian historical context, this work aims to determine, whether or not it operates in Colombia, the forfeiture of the petition for direct reparation for crimes against humanity, war crimes and genocide.
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    El derecho humano a los servicios públicos esenciales : una mirada a la prohibición del derecho a la huelga
    (Universidad EAFIT, 2021) Londoño Londoño, Manuel; Muñoz Valencia, Andrés; Múnera Posada, Armando
    This monograph seeks to resolve in four chapters the problem that exists regarding the exercise of the right to strike in essential public services in Colombia. Based on this premise, a theoretical framework on international legislation and its position within the Colombian legal system was developed, in addition to a brief explanation of the functioning, organizational chart and powers of the International Labor Organization. With this, the aim was to put in context the powers of this international organization. context of the powers of this international organization, but above all, the validity of its decisions and/or regulations in our country. and/or regulations in our country. Subsequently, we contrasted the position on the right to strike and essential public services between the two countries. and essential public services between the two regulations. In this order of ideas, this monograph touched upon topics such as: the definition of international treaties, the constitutional block treaties, the constitutional block, the right to strike and essential public services. essential public services. In addition, topics such as the International Labor Organization, the process of ratification of international treaties in Colombia, the right to strike and essential public services were discussed. ratification of international treaties in Colombia, the functioning of the exercise of the right to strike, as well as the right to strike. the exercise of the right to strike, as well as other important aspects when it comes to adopting a position on the problem raised in this paper. the problem raised in this paper.
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    Doble instancia y doble conforme : antecedentes y estado actual en el derecho procesal penal colombiano y países latinoamericanos
    (Universidad Eafit, 2020) Hernández Caro, Laura Melissa; Carvajal Quintero, Hilda Astrid.
    The present work is the result of a study on the background and the current situation in the countries of Latin America and especially Colombia, on the implementation and adaptation of the legal systems to the international human rights standards which it has been linked to; what have been the advances and shortcomings in the matter of substantial guarantees offered by the Colombian State against the subject holders of the rights stemming from the principles to the double instance, and the "double conform", as are the political granted and those convicted in double instance. It aims to give an account of the consecutive legislative and constitutional omissions in terms of the violations of human rights on the viability of choosing to apply the principle of "double conform" and double instance in procedural penal matter. And in the same way, to establish the current needs of a long and clear regulation on the subject, understanding what the legal basis of this action is, how proceeds, and whom proceeds. The main motivation of this research work is then to make known the background of the "double conform" and the double instance, the procedure for its implementation, the legal basis, the competence of who decides on them, and other aspects that must be studied and deserve an analysis as a relevant issue for the international law and human rights.