Examinando por Materia "Reparation"

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    Derecho de acceso a la justicia y reparación directa : caducidad, seguridad jurídica y derecho a la reparación de víctimas de graves violaciones de Derechos Humanos y Derecho Internacional Humanitario
    (Universidad EAFIT, 2022) Aguirre Gómez, Matías; Viveros Montoya, Luis Felipe
    The means of control of "direct reparation" is one of the procedural means through which the victims of serious human rights violations can satisfy their rights of access to justice as a matter of international law (Arts 8 and 25 ACHR), particularly the right to reparation. Access to this judicial remedy has several limits set by law, including the expiration rule. This monograph asks whether the expiration rule, as it has been interpreted by the Colombian Council of State, is consistent with the international obligations of the State to guarantee access to an effective judicial remedy that, inter alia, allows obtaining full reparation for the damage derived from the serious violations of international human rights law committed by the State.
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    El desplazamiento forzado en Colombia y su ardua reparación
    (Universidad de Sevilla, 2013-01-01) M. BEDOYA; M. BEDOYA
    The article approaches forced displacement in Colombia, one of the greatest collective tragedies in America. This phenomenon would have not reached such dimension if it had not occurred in a context of acute social inequality, State weakness and persistent irregular war. It analyzes multiple human rights violations and proposes the notion that reparation to the victims of forced displacement should have to be fair, comprehensive and adequate (according to the traditional criteria), but also socially transformative.
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    Jurisdicción wayuu en Colombia : mecanismos de resolución de conflictos y convergencia con la jurisdicción ordinaria
    (Universidad EAFIT, 2023) Gómez Hoyos, Sara; Arango Duque, Camilo
    Colombia is a multicultural and multiethnic State in which the different indigenous communities that inhabit the national territory, which are specially protected ethnic minorities, are given the freedom and autonomy to have their own beliefs and their own normative systems, which makes Colombia a very diverse State. However, this can be a challenge because sometimes there are problematic situations in which the boundaries between the ordinary legal system and the indigenous legal system, in this particular case the Wayuu system, can become blurred, for example when the Wayuu have problems among themselves and can not solve them so they go to the ordinary jurisdiction or when there is a conflict between a Wayuu person and a person without a defined ethnic identity. In these cases is when the authorities of the ordinary legal system must analyze how to resolve these conflicts protecting the cultural rights of these people with ethnic identity and seeking a fair solution for both parties. In this paper we will analyze the work of state entities in the resolution of these conflicts and the extent of the freedom and autonomy of the Wayuu jurisdiction and the ordinary jurisdiction.