Repositorio Institucional Universidad EAFIT ::Examinando por Materia "Derechos fundamentales"

Examinando por Materia "Derechos fundamentales"

Mostrando 1 - 20 de 26

Agua impregnada de poder: la pugna por el derecho humano al agua en un asentamiento de la Comuna 1 de Medellín
(Universidad EAFIT, 2018) Osorio Moreno, Santiago; Hillón Vega, Yulieth Teresa
Most of human rights were created after a social dispute, within which the case of the human right to water is not distant to this -- The latter seeks protection to the lack of potable water with enough quality for human consuming, and it is constantly employed by communities with this lack as a way for demanding potable water to the State -- Nevertheless, taking in count the symbolic function of rights and the social and political dynamics behind of this, the State has been using this right as a discourse to maintain its interests economical and political -- This being the case and keeping in mind that the objective of this research is to analyze the different ways in which the community and the State understand this human right under a specific case in Medellin, Colombia, it will be observed that it exists an interest of maintaining the marginal situation on human rights in which the community is at this moment
Análisis de obstáculos y criterios para el otorgamiento de la pensión de invalidez usando como mecanismo la acción de tutela en los últimos trece años en la jurisprudencia colombiana
(Universidad EAFIT, 2020) Becerra Moreno, María Velentina; Munera Posada, Armando
Law 100 of 1993 from Chapter III of Title II, regulates everything related to the disability pension due to common risk, defining the status of disability as a person who, for any cause of non-professional origin, not intentionally provoked, has lost 50% or more of his work capacity. However, this right has not been fully guaranteed to those subjects who come to the ordinary jurisdiction in search of an economic support, which guarantees a monthly income that can supply the basic needs of people who are unable to continue working, hence, there have been numerous cases in which despite not being a fundamental right in principle, and having its own judicial mechanisms to dispute it through ordinary channels, the jurisprudence of the Constitutional Court has enabled the origin of the action of protection in some cases. The foregoing leads us to the legal analysis of a group of decisions of the guardianship judges that will be carried out in this thesis, through which, it is studied how the right to a disability pension has been protected as fundamental, to defend mainly subjects of special constitutional protection such as people in a state of disability and, in turn, guarantee them fundamental rights related to this economic benefit.
Análisis jurisprudencial y normativo del derecho a morir dignamente en Colombia a través de la eutanasia, en contraste con el delito de homicidio por piedad, tipificado en el artículo 106 del Código Penal Colombiano
(Universidad EAFIT, 2021) Almánzar Agudelo, Angélica María; Naranjo Serna, Sebastián
Currently, in the Colombian legal system there is a normative vacuum void in relation to the regularization of the right to a dignified death by means of euthanasia, and, consequently, when the crime of mercy killing is committed. This is given by, when the legal requirements of euthanasia are not met, the question arises as to whether this leads to the commission of the crime of mercy killing or not. Over time, there have been various discussions in response to this questioning, because despite the fact this subject has been dealt with for more than 20 years by the Courts, the Congress has been repeatedly exhorted to regulate the subject, without having done it to this day. On July 1, 2021, the Ministry of Health and Social Protection established in the Resolution number 971 the procedure for receiving, processing, and reporting euthanasia requests, as well as the guidelines to make effective the right of dying with dignity by means the euthanasia. The foregoing was thus established, taking into account what was raised by Constitutional Court in the jurisprudence, where it has repeatedly established certain criteria or parameters to guarantee said right. Days after the Resolution was published, the Constitutional Court, based on Sentence C 233 of 2021, issued statement 27 of July 22, 2021, that extends euthanasia for non-terminal patients. With this, it is understood that the interpretation of euthanasia, and consequently, of the criminal type of mercy killing changes. Because of the above, this paper will focus on trying to answer questions such as: What are the requirements for applying euthanasia in Colombia? When is the crime of mercy killing, established in the article 106 of the Colombian Penal Code, committed? Based on the most recent ruling of the Court, will there be legal security in the Colombian legal system, regarding an issue that still lacks any regulation by the Congress? among others.
El ciudadano extracomunitario: de “objeto material” a “tipo de autor” en el control penal de la inmigración
(Universidad EAFIT, 2009-06-10) Donini, Massimo; Universidad de Módena
La concreción del derecho a vivienda digna: con una ilustración en el Municipio de Medellín
(Universidad EAFIT, 2017) Muñoz Muriel, Manuela; Zuluaga López, Carlos Eduardo; N/A
La configuración del abuso del derecho en la interposición de las acciones de tutela frente a la protección del derecho fundamental a la salud
(Universidad EAFIT, 2023) David Gaviria, Karen Valentina; Uribe Pulgarín, María Camila; Sánchez Vásquez, Carolina
El control urbano a raíz de la expedición del Código Nacional de Seguridad y Convivencia Ciudadana : análisis sobre su eficacia en consideración del control constitucional aplicado
(Universidad EAFIT, 2021) Rivera Pimienta, Daniel; Restrepo Isaza, Diego
The current article tries to establish whether there is an impact on the efficiency regarding the urbanistic policing during the validity of the new National Code of Security and Citizen Coexistence; after the unconstitutionality declaration of certain corrective measures and police authority powers, by the Constitutional Court, when these infringe fundamental rights.
De las personas en situación de discapacidad y su capacidad legal a la luz del Código Civil, Ley 1306 De 2009 y Ley 1996 De 2019
(Universidad EAFIT, 2020) Aristizábal Velásquez, Pablo; Sierra Echeverri, Carolina María
This work has two main objectives: the first is to make a compilation of Colombian regulations on how protection has evolved in relation to the principle of equality and the social recognition of capacity. To this end, a study of the Colombian Civil Code, Law 1306 of 2009 and Law 1996 of 2019 will be carried out, from approaches based on the social, judicial and constitutional spheres. The second is to present the violation of the fundamental right of protection, a definition of people with disabilities with their classifications and mention the different normative supports on disability in Colombia, emphasizing Law 1306 of 2009 and Law 1996 of 2019 with their respective derogations and implications.
Derecho a la consulta previa para las comunidades campesinas
(Universidad EAFIT, 2017) Posada Mesa, Carolina; Sánchez Yepes, Daniela; Zapata Chavarría, Cristian
The prior consultation is a fundamental right that seeks to protect culturally differentiated communities when they are affected by works that are carried out in their territories or by decisions of public entities (legislative or administrative) -- Colombia recognized this right only to ethnic communities, however, the Constitutional Court has been accepted (at least slightly) this right to non-ethnic communities, such as peasant communities, since in this country they are a vulnerable part of the population that needs special protection by the State -- Therefore, it is intended to show the reality of these people and the transgression of the constitutional rights that have been presented to this community, throughout the history of Colombia, in addition, it is proposed an analysis of the recognition and enforceability of the fundamental right to the prior consultation for the peasants
Derecho a la paz: ¿derecho de quién, frente a quién y a qué? análisis caso ley de justicia y paz
(Universidad EAFIT, 2007) Flórez Alzate, Tulio Eduardo; Barbosa Vergara, Antonio Carlos
El derecho fundamental a la impugnación: ¿un desconocimiento de normas internacionales en el ordenamiento jurídico colombiano?
(Universidad EAFIT, 2016) Botero Londoño, Estefanía; Molina Franco, Lina Marcela; Ceballos Velásquez, Alberto
Desprotección del Sistema de Seguridad Social para las madres gestantes durante la licencia de maternidad: Decreto 2353 de 2015
(Universidad EAFIT, 2017) Soto Restrepo, Juliana; Restrepo García, José Gabriel
El derecho fundamental a la consulta previa en los proyectos REED+ : análisis del fallo de tutela T-248/24
(Universidad EAFIT, 2024) Paniagua Agudelo, María Camila; Montoya Restrepo, Nataly
Prior Consultation is a fundamental right of ethnically differentiated communities. By means of Law 21 of 1991, Convention 169 of the International Labor Organization, hereinafter ILO, was incorporated into the Colombian legal system to its block of constitutionality in the strict sense. But it has been over the last decades that in judicial instances a precise development of the contents of the law has been made, being then the jurisprudence the formal source in which the details and requirements of the procedure can be consulted through concrete cases. In accordance with the above, so far it has not been possible to have a democratic debate in the legislative instance and there are opinions according to which it would be possible to achieve a regulation of the Prior Consultation that guarantees the right of participation of The Communities, the interests and rights of the actors of the measures, and the interests of the different state entities. These frustrated attempts to establish a systematic regulation in the legislative or administrative instance have given rise to some questions, gaps and problems regarding Prior Consultation at the legal, economic, social and political levels. In this sense, we insist on the important role played by the jurisprudence of the Constitutional Court in defining the parameters, contents and procedures regarding the right to Prior Consultation. However, given that the approach has been taken on a case-by-case basis, for a comprehensive regulation of the figure as it relates to the methodological route proposed by the Court in its jurisprudence, several opportunities for improvement can be identified according to the practical development of the Prior Consultation process. On the other hand, Prior Consultation is related to the central role that environmental protection has been occupying in the global and national public agenda, which may eventually enter into contradiction, affect the rights of the Ethnic Communities in the development of their culture or suppose limits for those who intend to develop projects or activities in the collective territories of such communities. Thus, the importance of the jurisprudence of the Constitutional Court to establish limits, parameters, obligations and precise contents is once again highlighted. In this context, the recent judgment T-248 of 2024 will be analyzed to establish the precisions and incidences of the Prior Consultation in the framework of the Court's decision. With this, it will be verified whether there were innovative proposals for the protection of this Fundamental Right, the application of the Law to carbon credits as financial mechanisms for environmental protection and what are the challenges and open issues that remain for Colombian Law.
Estado de Cosas Inconstitucional (ECI), unidad de la jurisdicción y acceso a la justicia de las personas privadas de la libertad en Colombia
(Universidad EAFIT, 2021) Martínez Castrillón, Samuel David; Cano Blandón, Luisa Fernanda
This research pretends to, examine the role of the judges, when they decide cases related to a topic in which there has been a declaration of an unconstitutional state of affairs (in forward ECI) and the challenges that they have to articulate themselves with the orders given by the Constitutional Court of Colombian, in the follow up of an ECI. The study pretended by means of this investigation, it is rooted in the declaration of the ECI, generated by the massive and generalized violation of the fundamental rights of the persons deprived of their liberties, declared by de Constitutional Court by means of the judgments T-388 de 2013 and T-762 de 2015. The investigation will be center in the judgment Auto 548 de 2017, (Speaker Magistrate Gloria Stella Ortiz), in which the special court room, following the penitentiary ECI, resolved the petition made by a judge that, in face of the complexity of the case, decided taken into consideration the existence of the ECI, send it to the special court room, before mention. examine the role of the judge and the decisions he should reach in order to generate a harmonic collaboration with the authorities, to lead its actions, to the overcome of the crisis in the Colombian penitentiary system. The argument defended by this investigation, is that the existence of an ECI, does not denied the individuality of the infringement of the rights, which it is the justification the possibility to seek the action for the protection of fundamental constitutional rights, instead of the fallow up by the Constitutional Court in this topic.
El Estado de cosas inconstitucional en las cárceles colombianas : las posibles medidas de protección aplicables para la población carcelaria de la tercera edad - adultos mayores, teniendo en cuenta los artículos 13 y 46 de la Constitución Política de Colombia
(Universidad EAFIT, 2020) Castaño Sánchez, Daniela; Álvarez Álvarez, Juan Carlos
This monograph will analyze the reasons of the precarious conditions inmates in Colombia face which, to a greater extent, affect the prison population of those over 65 years old given their vulnerability. In addition, it will expose the reasons that from the constitutional point of view demand and make imperative the need to implement alternative measures for the fulfillment of their sentences, in order to guarantee the fulfillment of fundamental rights that are violated in Colombian prison facilities given the situation of overcrowding in which they find themselves, thus attending to the constitutional mandate stipulated in article 13 of the Political Constitution of Colombia. The unconstitutional state of affairs in Colombian prisons, declared repeatedly by the Constitutional Court, has enormous repercussions and is extremely serious because it affects the fundamental rights of the people confined there and those of their families, but also puts into risk public health, public order and completely distances the State from the fulfillment of its essential purposes and the principles on which, among them, respect for human dignity is founded. For this reason, it is important for a Social Rule of Law such as that proclaimed by the Political Constitution of 1991, to implement a solution to cushion the damage that is done every day to each of the prisoners, especially the elderly, who due to the passing of the years, are more affected, because they are people who, being confined in prisons and given the natural course of life, are more exposed to diseases and suffer health problems
Judicialización del derecho a la salud vía tutela consecuencia de uno de los problemas del Sistema de Salud colombiano
(2018) Alzate Romero, Laura; Morales Ortíz, Valentina; Restrepo García, José Gabriel
Nowadays, the general system of social security in health (SGSSS) in Colombia is going through one of its worst crisis regarding the provision of health services evidenced by the massive presentation of guardianships -- The present monograph focuses on establishing some inefficiency problems of the sector, it enters and defines, in a descriptive way, some possible failures of the system, the agents responsibility and the impact they have on the operation of the sector that lead to the judicialization of the provision of health services through guardianship -- Finally, the congestion of the SGSSS is analyzed as a result of the health actions interposition, setting aside some previous studies that attributed this responsibility only to Healthcare Providers, to demonstrate that it is a failure caused by the lack of collaborative work and its responsible for all the agents that make up this activity
¿Nuevas formas de tortura?: El aumento de penas y la utilización ilegítima de algunos mecanismos como medios de coacción psicológica en el proceso penal
(Universidad EAFIT, 2017) Cadavid Rodríguez, María Marelvis; Álvarez Álvarez, Juan Carlos
Principialismo, garantismo, reglas y derrotabilidad en el control constitucional de las leyes penales
(Universidad EAFIT, 2015-12-30) Fernández Cruz, José Angel; Universidad Austral de Chile
El principio de oportunidad, una vía subrogada a la prescripción penal de cara a la extinción de la acción punitiva estatal
(Universidad EAFIT, 2019) Jaramillo Bedoya, Alexander; Naranjo Serna, Sebastián
¿Qué relación hay entre la tasa de informalidad laboral y la tasa de cobertura de la pensión de vejez en Colombia?
(Universidad EAFIT, 2023) Builes Hernández, Alejandro; Piedrahita Vargas, Camilo
The text below talks about a legal and economic analysis of the Social Security System, specifically in the branch of old-age pensions. There, it will be analyzed whether there is a relationship between labor informality and the coverage of the pension system. The importance of this analysis lies in the current need for our country to achieve a sustainable pension system as far as possible, since part of the national budget is currently needed to cover pension demand in the RPM.

Examinando por Materia "Derechos fundamentales"

Resultados por página

Opciones de ordenación