Examinando por Materia "Derecho comparado"

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    Bases para la construcción de una política pública para la atención del trastorno del espectro autista en Colombia
    (Universidad EAFIT, 2024) Gómez Moreno, David; Vieira Silva, Juan Guillermo
    The present paper means to offer a set of foundational propositions so as to build a Public Policy for Autist Spectrum Disorder (ASD) attention in Colombia. Born from the need to guarantee the fundamental rights of health and education to a vulnerable population with an increasing prevalence rate, and which, within the country, may account for over a million individuals using conservative estimates. While some may state that there are enough tools both in policy and reality, the experience of the ASD community and their families has a tendency to show otherwise, that is to say, the system not only does not protect them but rather discriminates them actively, by not allowing some accomodations that may make their condition more bearable. On that same note, the paper observes the experiences other countries have had, including New Zeland, Spain, and the United States; with three different scopes which may help attend the needs of the community in different ways, all of which answer to their environment. Regarding the viability of the public policy, both in its design and execution, with it being holistic so as to take care of the needs of the people with ASD and their environment, and making it so that they may feel protected and integrated, it is important to remember that the rates of detection and diagnosis are increasing globally, and that, while conservative estimates may show about a million individuals with ASD in Colombia, a more recent estimate shows this number grow up to one-and-a-half million people, which makes it viable from a policy-making perspective so that it is taken into account on the public agenda. Finally, some proposals for foundations are given, regarding the attention to different problems that have been identified via literature review and conversation with the ASD community.
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    El comercio electrónico y las transacciones comerciales por medio de la plataforma digital Instagram
    (Universidad EAFIT, 2022) Serna Castaño, Juliana; Cardona Arango, Laura Sofia; Toro Valencia, José Alberto
    E- commerce as a product of globalization has allowed both micro and macro companies to increase their sales and their interaction with consumers, since it has made it possible to speed up and facilitate the purchase and sale of goods and services. On the other hand, social media are a phenomenon of great importance in today's world, which have been used as a means of buying and selling between companies and consumers, for which different governments have had to advance in legal regulation. of these, in order to regularize all situations that can arise through these means and thus provide more security and guarantees to users. However, due to the current and innovative nature of these issues, there are still legal gaps in this regulation, which has drawn the attention of many legal scholars.
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    Derechos de autor en las obras asistidas por herramientas de inteligencia artificial
    (Universidad EAFIT, 2024) Colorado Acosta, Martín; Herrero Escobar, Daniela; Toro Valencia, José Alberto
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    El papel de la Junta Administradora Local de la Comuna 11 de Medellín en las dinámicas de presupuesto participativo durante el período 2020-2022 : análisis crítico del Decreto 0146 de 2022
    (Universidad EAFIT, 2023) Abbasi Miranda, Sahand; Sánchez Daniels, Catalina del Pilar
    The purpose of this dissertation is to critically examine the role of the Local Administrative Board (LAB) in the operation of the Participatory Budget (PB) in the district 11 (Laureles-Estadio) of Medellín, in the period spanning the years 2020 to 2022. For this purpose, the relevant actors, stakes and procedures involved were identified. This work will also examine the notion of the PB at international, regional and domestic scales through an exercise of comparative law, emphasizing the role of the LABs as political and administrative authorities in the allocation of PB funds, both in the fostering of citizen participation as well as in the political and administrative oversight of budgetary procedures. Throughout this dissertation the reader is provided with an in-depth review of the role of the LABs in the allocation of PB resources in light of the Decree 146 of 2022, highlighting the inconsistencies between the national legislation and territorial regulations on the subject. This paper aims to provide insights into the debate on the efficacy and effectiveness of the PB in Medellín as well as its capacity to fulfil the purposes of the Colombian State in the territories, while also exploring successful experiences of the same nature at the international stage and offering some policy recommendations.
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    La feminización de la pobreza y la violencia económica : entre la compensación económica del derecho de familia y la pérdida de la oportunidad del derecho civil
    (Universidad EAFIT, 2024) Romero Humba, Ana Betsabé; Rondón Pacheco, Jeiny Valentina; González Jaramillo, José Luis
    Economic violence is a form of gender-based violence, primarily observed upon the termination of romantic relationships. This is because the individual who assumed unpaid roles, such as caregiving and domestic work during the relationship, often finds themselves at a disadvantage compared to their partner in economic, professional, and employment spheres. This can result in an economic imbalance in the assets of the ex-spouse or ex-partner, placing them in a vulnerable position due to the loss of development opportunities assumed by one member of the relationship. Given that historically women have been the ones to assume caregiving roles, it was necessary to briefly address the history of feminism and the feminization of poverty. Additionally, the national and international legislative landscape was analyzed, with a particular emphasis on the recognition of domestic work as a contribution in kind to society and the possibility of claiming damages under civil law. This analysis aimed to determine what tools exist and which are lacking to ensure protection in the context described. In this regard, the concept of economic compensation was discussed.
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    Normatividad aplicable en Colombia a los denominados influencers en el desarrollo de su actividad publicitaria en la plataforma Instagram
    (Universidad EAFIT, 2022) Maya Gutiérrez, Jacobo; Gallego Solis, Laura; Múnera Posada, Armando
    This paper seeks to demonstrate the gap that exists in Colombian legislation, regarding the obligations that arise between the so-called influencers with entrepreneurs, companies and businessmen who pay for advertising services or seek to exchange products through exchanges. With the same public figures of this social network called Instagram. Said vacuum generates a non-application of the principle of equality in the face of the obligations imposed on consumers and suppliers by Law 1480 of 2011 (current Consumer Statute). This document is important because, at present, there is numerous controversies between brands and natural persons who wish to advertise with this guild and the influencers themselves in relation to determining not only the term of compliance with the obligation, but also the way to execute it. But the guarantees in case of not obtaining in the consideration a result that makes the investment worthwhile.
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