Revista de la Facultad de Derecho y Ciencias Políticas
ISSN: 0120-3886| ISSN-e: 2390-0016 | DOI: 10.18566/rfdcp The Revista de la Facultad de Derecho y Ciencias Políticas is a scientific publication of the law program of the School of Law and Political Sciences of the Universidad Pontificia Bolivariana, Medellin – Colombia. The journal presents results of research processes and some reflections of the political environment, in order to allow readers to have new interpretative perspectives. Revista de la facultad de derecho y ciencias políticas is aimed to academic and research communities of law in order to discuss and debate on legal issues, which concern the national and international communities. Publindex -Colombia category C
Insertion of Artificial Intelligence in the Graduation Profile of Law Programs in Colombia
In the context of Colombia's engagement and adherence to the ethical recommendations formulated by UNESCO and the OECD for creating, developing, and utilizing Artificial Intelligence (AI), this research observes the integration of AI into the curriculum of law programs in Colombia. The research adopts a qualitative approach with two categories: teaching modality and training components. Two criteria are applied to each category: distance learning and virtual teaching for the teaching modality, and employability and graduate profile for the training components. Thus, a sample of 20 curricula is formed, and evaluated with three indicators, resulting in the finding that no Colombian university (0%) offering law programs includes a subject that explicitly links AI with law. However, 45% of the sample includes a subject related to technology, computing, 4IR, or legal tech. From this, it can be concluded that Colombian universities have not yet taken into account the recommendations of Document CONPES 3975 and the Ethical Framework for Artificial Intelligence in Colombia.
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Mediation as an Alternative Conflict Resolution Method in Healthcare: Results and Projections 20 Years After Its Implementation in Chile
In 2005, a mandatory mediation procedure was implemented in Chile to resolve conflicts in healthcare service provision. Twenty years after its implementation, this study analyzes the regulation and outcomes of this Alternative Dispute Resolution Method (ADR), with special emphasis on the problems health mediation has revealed over this period. The study concludes that although there have been advances, health mediation must still address significant regulatory gaps related to equality of the parties in the procedure, legal certainty regarding the consequences of skipping mediation, and particularly the regulatory incentives needed to improve the effectiveness of a system that, from the public's perspective, has not shown favorable results.
Old age in the framework of human rights: the regulatory trajectory in Peru in order to guarantee a dignified life for older adults
The purpose of this research was to understand the meanings and meanings attributed to the protection of the human rights of older adults in Peru. A qualitative approach was adopted, specifically phenomenological-hermeneutical. Semi-structured interviews were carried out with ten workers dedicated to the care of older adults and the thematic analysis method was used to process the data. Results: Five main categories were identified: a) Challenges of older adults regarding access to health, social security, housing, social participation and protection against violence, b) Impact of the existing national protection system, c) challenges that the Peruvian State must face to guarantee the full enjoyment of the human rights of older adults, and d) recommendations addressed to the entities responsible for guaranteeing the full enjoyment of the human rights of older adults. It is concluded that the protection of the human rights of older people in Peru is an issue of increasing importance that requires concerted and sustained action by governments, civil society and the international community to guarantee that they can live with dignity and enjoy fully of their fundamental rights.
Institutional Strengthening of the State for the Implementation of the Public Policy of Artificial Intelligence in the Administration of Justice
This article aims to analyze how decentralization and territorial development, together with good governance and the selection of appropriate public policy instruments, contribute to strengthening the State's institutional capacity for the implementation of artificial intelligence (AI) policy in the digitization of justice in Colombia. To achieve this purpose, a qualitative research was conducted that included the hermeneutic paradigm and the historical neo-institutionalism approach, combined with the analytical-deductive approach. This research was carried out based on the following objectives: first, to review public policy approaches as tools for analyzing policies articulated to the territorial context; second, to study technology and AI policy in Colombia in light of the challenges of implementing AI in the Administration of Justice; and third, to analyze the most relevant aspects in strengthening the State’s institutional capacity for implementing AI public policy in the digitalization of justice in Colombia. Based on the research findings, it was concluded that the commitment to territorial development involves establishing guidelines on three specific fronts to strengthen State capacities: decentralization in the face of trends toward recentralization of the State in Colombia, governance, and the selection of appropriate public policy instruments aligned with the general guidelines for implementing AI policy in the administration of justice.
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Dogmatic research in law: A reconstructive analysis of the academic work of jurists
Legal dogmatics is a discourse on current law whose construction is problematic when non-compatible models are combined. The purpose of this text is to reconstruct it as a way of approaching law with its own premises. The article has three sections: the first explains dogmatics as legal knowledge, the second addresses its particularities, and the last describes some of its tools. As usual in legal theory, the method applied is rational reconstruction. Generally, it is argued that dogmatic research is conditioned by approaches focused on the content and scope of positive law that do not depend on social research methods. Although socio-legal research is possible, its results are not comparable to dogmatic research.
The Right to Self-Design in Transhumanism: A Human Right?
The human improvement proposed by transhumanism aims to achieve the optimal development of human physical and cognitive abilities. This concept has given rise to what is termed the right to self-design, which refers to transforming one's own body according to the individual’s freedom to improve human capabilities. This changes the panorama of human rights by introducing the notion of the human right to self-improvement, suggesting that such a right to self-design should be guaranteed and free from interference by both third parties and the State. By conducting a documentary review, this study seeks to analyze the right to self-design proposed by transhumanism in the context of human rights and determine whether it is susceptible to protection or if a revision of its underlying principles is necessary. The findings reveal that transhumanist premises, particularly those concerning morphological and cognitive freedoms, impact the conceptualization of human rights. This presents a transformation through the recognition of new rights emerging from the technoscientific revolution, highlighting the need for the development of public policies and regulations that promote responsible and equitable technological advancement.
How Are Constitutional Rights Interpreted? An Analysis of State Liability for Unjust Deprivation of Liberty in Colombia and the Spanish Case
This paper examines the current state of administrative liability for deprivation of liberty by reviewing how the jurisprudence of the Council of State has adopted two distinct theses to address the issue. The first is a guarantee-based doctrine advocating for the inviolable nature of citizens’ right to the presumption of innocence, while the second thesis advocates for the relative nature of fundamental rights. Thus, the judiciary, through its interpretative function, has significantly impacted the way in which constitutional rights are guaranteed or not in Colombia. The article explores the influence of constitutional interpretation on Colombian jurisprudence regarding State liability for unjust deprivation of liberty, using the Spanish and European cases as comparative references. This is based on a qualitative research work, using an inductive method with a comparative and analytical jurisprudential methodology.
The interjurisdictional dialogue between the Supreme Federal Court and the Inter-American Court of Human Rights on gender issues
This article discusses the interjurisdictional dialogue between the Supreme Federal Court (STF in Portuguese) and the Inter-American Court of Human Rights on women's human rights issues. In this scenario, the following problem arises: does the STF really dialogue with the decisions of the IACHR on the effectiveness of women's human rights? The initial hypothesis of the research is that the interjurisdictional dialogue between these two bodies on gender issues is scarce, superficial and uncritical. To this end, the STF decisions that dialogued (or should have dialogued) with the IACHR understanding of women's human rights will be examined. This study has a qualitative and applied approach, and in terms of its objectives, it has an exploratory scope. The method used is deductive. Finally, regarding the initial hypothesis of the research, it was found that the interjurisdictional dialogue between the IACHR and the STF on gender issues is non-existent. This is because, in the decisions found in the research, it was not possible to discuss any issue related to women’s human rights, and the citations made by the STF regarding cases decided by the IACHR are generic.
Romani Women in Europe. A Gender Approach applied to Social, Legal and Ethno-cultural Fields
The issue of identity −whether national, cultural, ethnic, religious or otherwise− can be crucial in positioning individuals within society as well as before courts and tribunals. A vulnerable group can play a significant political role in certain societies: the role of risk. The fear associated with this risk can be transformed into political value by creating exclusionary identities. Among the excluded groups are collectives of women who rarely engage in the national and international legal scene. Historically, their role has been limited to that of victims, and their possibilities of acting in the field of justice, even as mere justice seekers, are extremely constrained. This paper aims to analyze the formation of identities and characteristics of the gender-ethnicity nexus that defines the identity of European Romani women.
Evolution of Ecuador's constitutions: virtues and challenges up to the year 2008
The article analyzes the evolution of Ecuador's constitutions from its first Magna Carta in 1830 to the Constitution of Montecristi promulgated in 2008, highlighting the main milestones and changes that marked the country's constitutional development. The research focused on analyzing the political, social, and legal transformations that influenced the drafting and modification of constitutions throughout Ecuadorian history, especially because the current constitutional panorama is precisely the result of these transition processes. The qualitative scientific research method was used to collect information on aspects specifically related to this evolution, evidenced through Ecuador’s constitutional texts since its independence from Gran Colombia to the present. Finally, it was concluded that the constitutions of Ecuador up to 2008 are an example of the country's constant search to consolidate itself as a constitutional State of rights and justice, reflecting both its democratic values and the political aspirations of the nation. However, all this path converges in the 2008 Constitution, which, although it has a broad catalog of rights, faces difficulties such as interpretative gaps and conflicts of competence between State bodies. This situation compromises the power and coherence of the Ecuadorian constitutional system since, in the current panorama of Ecuadorian constitutional law, there is a constant tension between the consolidation of a progressive legal framework and the socio-political reality the country is facing.
University students’ perceptions of law teaching and lawyer training
This research aimed to describe university students’ perceptions of law teaching and the training of lawyers in two higher-education institutions in the city of Medellín (Colombia). The study was framed in an analytical empirical paradigm, a descriptive quantitative approach and a transversal non-experimental method. A sample of 160 law students studying between the fifth and tenth semesters was surveyed using a questionnaire of 26 questions, divided into six dimensions: sociodemographic characteristics, epistemology, pedagogy, didactics, other elements of integrality and factors that affect learning. The results show that students demand more creative and innovative teaching practices to facilitate the development of skills and abilities consistent with the epistemological nature of the science of law and the ideal of comprehensive education. It is concluded that the students’ perceptions focus on two aspects: their weaknesses, particularly in research, and the failures in the pedagogical, didactic and evaluative tasks of professors. The students’ criticism of the teaching and training they receive is highlighted.
Vindication of the right to health in the framework of progressive international obligations under the perspective of the Peruvian Constitutional Court
The Inter-American Human Rights System has developed several international obligations that States must comply with in order to ensure minimum levels of protection of the right to health. Although these duties –of a general and specific nature– have been developed throughout the case law issued by the Inter-American Court of Human Rights, the problem resides not only in the difficulty of identifying the specific obligations that emanate from the mandate of progressiveness in health matters, but also in monitoring their compliance, which is not satisfied with the commitment contained in the Protocol of San Salvador to submit periodic reports regarding the progressive measures adopted at a national level. It is for this reason that this paper, based on an analytical-jurisprudential methodology, attempts to scrutinize the obligations derived from the progressivity clause: to ensure access to health systems and to guarantee that health services are provided according to the principles of availability, accessibility and quality. In addition, and in consideration of the fact that the fulfillment of these obligations requires an active intervention on the part of the State –whose realization depends largely on the design and execution of government policies–, it is also essential to analyze from the perspective of the Peruvian Constitutional Court the scope of the power of control and evaluation of government policies in application of the “deferent test”, by virtue of which the constitutional justice is competent to order the elaboration or reevaluation of public policies or even to declare a state of unconstitutionality.
Discursive approach to the principle of non-intervention in the internal affairs of other countries: Analysis of Gustavo Petro's publications on Twitter (X) on international politics
Political leaders use social networks to communicate directly with national and international audiences without the intermediation of traditional media. However, there is an open debate about the use of Twitter by heads of state to comment on issues other than their government actions, such as intervening in the internal affairs of other countries. This is the case of Gustavo Petro, who uses Twitter to accompany his political debate. Some of these tweets have been controversial, as they have been described as interventionist in the internal affairs of sovereign states. This research analyzes the tweets published by President Petro from his taking office on August 7, 2022, until July 23, 2023, to determine his discursive intentionality when commenting on sovereign countries’ internal affairs. The methodology used was the case study, reviewed from the political discourse analysis. In conclusion, it is established that Petro's comments have had two discursive intentions: 1) to show himself as an influential figure with discursive power and international leadership vis-à-vis other Latin American countries, and 2) to justify his own decisions and policies, and governmental reforms in Colombia.
Education in the context of punitive confinement. Critical education as a tool in the construction of subjectivity in individuals deprived of their liberty
This article seeks to analyze how the education of subjects serving sentences in penitentiary institutions can positively modify aspects of their subjectivity. In particular, we focus on showing the opportunity of critical education in contexts of confinement and its effect on the development of the subject to overcome the inequality imposed by the system. We understand the concept of subjectivity according to Félix Guattari's proposal, that is, as a collective and social production or fabrication, and to Michel Foucault's idea of critical thinking and education, which question the logics of domination and control through the legitimate use of reason. Therefore, the objective is to raise the importance of the construction and relevance of critical education in contexts of confinement, specifically in penitentiary institutes, as a tool for healthy subjectivity, which enables their social insertion and, from this, creates spaces for collective action that support and accompany such insertion. For data and statistics, we have used the Province of Buenos Aires prisons and general data of Argentina, such as the study carried out at UPN.º 6 (2020).
Effective Judicial Protection: A Conceptualization Based on Colombian Constitutional Court Jurisprudence
This study explores effective judicial protection and its relationship with due process and the right to action, using the jurisprudence of Colombia’s Constitutional Court as a legal and hermeneutic foundation. It aims to identify the institutions that are involved in the effective judicial protection, its purpose, and the methods developed to achieve it. It begins by identifying an issue: the need to ensure the exercise of the right to action in contemporary Colombian State. Right after this, it identifies the right to action with the principle of effective judicial protection, as elaborated by the Court. The article aims to distinguish effective judicial protection, which ensures the effectiveness of the right to action, from due process, which guarantees procedural validity and proper exercise of this right. It concludes by outlining the elements of effective judicial protection: the right to a substantive decision within a reasonable time, and prohibition of procedural formalism.
Legal entities on the dock. Analysis of the procedural aspects of the criminal liability of legal entities in Colombia
Although criminal liability of legal entities has not been introduced in Colombia, several legislativeinitiatives have been presented in this direction. These have focused on the substantive aspects of the matter and barely deal with the procedural aspects. Hence the question arises as to whether the investigation and prosecution of legal persons requires special rules or whether those provided for natural persons are sufficient. The objective of the article is to anticipate some of the fundamental problems in this matter and to propose possible solutions, based on the analysis of the implications of the criminal liability of legal entities for the process in general and the right of defense in particular. The procedural effects of compliance programs, the conduct of internal investigations, the imposition of collaboration duties with the authorities and the incorporation of mechanisms to avoid the process or sentence are also included. It is concluded that a true system of criminal liability for legal entities requires its own procedural rules, as well as the recognition of a set of rights and guarantees in accordance with the nature of the legal entity.
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Antonio Gramsci, intellectual legacy, implications, and contributions to the contemporary world
This qualitative research digs into the life and ideas of Antonio Gramsci, offering a critical view of the theoretical frameworks that have shaped various disciplines since the beginning of the 20th century. Gramsci, a remarkable Italian intellectual, revolutionized Marxism with unique concepts, such as cultural hegemony, the transformative role of culture, the notion of organic intellectuals, and an innovative educational philosophy. These concepts, which resonate strongly in 21st −century society, provide a deeper understanding of contemporary power dynamics and cultural changes. Moreover, Gramsci's unique perspective on the structure− superstructure relationship diverges from the classical Marxian interpretation, enriching the understanding of these crucial constructs. We aim to conduct a thorough exploration of Gramsci's theoretical constructs, discerning their socio-political implications and their enduring social relevance. This exploration could lay a solid foundation for future studies that aim to unearth new perspectives on Gramsci's theories, thus contributing to an enriched understanding of modern power structures and cultural hegemony. In conclusion, Gramsci's enduring influence is assessed, illuminating his continuing contribution to the understanding of contemporary society and the future of critical thinking.
State Liability for “Special Damage” in Cases Involving Financial Imbalance during the Liquidation of EPS
The aim of this study is to explore the hypothesis of whether the legal principle of "Special Damage" can be applied in favor of creditors and against the State in cases of forced liquidation of Health Promotion Entity (EPS). Using an analytical methodology with a qualitative and theoretical-reflective approach, the study identifies the burdens and risks faced by actors in the Colombian health system in delivering public health services, analyzing the economic consequences stemming from these challenges. The analysis addresses the factors contributing to the insolvency of EPS, highlighting the role of the State and its governing and supervisory entities in managing and directing the financial resources of the sector. The primary purpose of the study is to examine the legal foundations of State liability, with a specific focus on the "Special Damage" principle, and to propose a legal framework for sectoral risks that can be applied to resolve disputes related to the forced liquidation of EPS.
Death penalty and life imprisonment for juvenile offenders: the need to combat cruelty with standards of decency
Death penalty and life imprisonment are sanctions prohibited by the 1989 Convention on the Rights of the Child for crimes committed by minors under 18 years of age. This is based on the idea that there should be a differentiated penal response for minors and adults, which isespecially important when it comes to serious and cruel punishments. This article addresses the situation in the countries that have signed said Convention. It puts special emphasis on the United States, the only country in the world that has not done so, whose Constitution prohibits cruel and unusual punishment and whose Supreme Court has declared that differentiated criminal treatment between minors and adults is one of the standards of decency that characterize a civilized society.
The corporatist order: law and power as seen by Sergio Arboleda
This article shows the way in which law and power are related in The Republic in Spanish America by Sergio Arboleda. Although the results of the state of the art on the work show that academic literature has concentrated on studying Arboleda's ideas as a racial interpretation of history or based on the problem of imitation, the article claims that studying his ideas from the corporatist perspective is useful to find more relationships between law and power in his way of thinking.
Job stability reinforced by a disability situation in Colombia: An analysis based on Article 26 of Law 361 of 1997
Reinforced job stability as a benefit for workers with disabilities in Colombia is developed based on the right to non-discrimination supported by Article 26 of Law 361 of 1997. This postúlate has generated various legal debates, which are set out in this article in a reflective and purposeful way. In addition, the analysis of the legal, jurisprudential and doctrinal evolution of disability jurisdiction, its constitutional foundations and the expansion of its scope is addressed. The study ends with the observation of the practical effects of the standards regarding the quality and accessibility of employment for workers under that condition. From an analytical legal method, the existing jurisprudential controversy between the Constitutional Court and the Supreme Court of Justice on the interpretation of the aforementioned article is presented. In this regard, the article contributes through practical examples that enhance the understanding of the right to job stability for individuals reinforced by disability. It concludes by emphasizing the importance of implementing a social model that comprehends disability as an integral part of human diversity. It is expected that from that position, the inclusion and dignity of workers under that condition are favored.
Waiver of Interest Liquidation in the Execution Phase Versus the Principle of Autonomy of Will
This article aims to provide an analysis of the origin, conceptualization, doctrine, legal framework, and jurisprudence regarding the collection of legal interest applicable to credit instruments in any form, as well as the procedural steps required within a judicial process to proceed with the corresponding execution phase for such collection. It is at this stage when procedural activity connects with the conceptualization of autonomy of will, as doctrinal studies, jurisprudence, and current legal frameworks are examined to determine whether waiving interest liquidation is applicable based on this principle, and omit this part of the process to determine that there exists a legal void, as no specific regulations address this issue, and, in turn, it can be used as interpretation in other legal bodies, particularly in the Constitution. The study adopts a qualitative approach, utilizing scientific methods for bibliographic review, resulting in an analytical and inductive investigation. The historical-logical method was also used to trace the evolution of the institution of interest in the national context.
Conceptual framework of collective rights: of the socalled third generation of rights as fundamental rights
Collective rights are part of the fundamental rights as they are consigned in the Political Constitution of Colombia. In this sense, this article aims to make a conceptual approach to the idea of collective rights, its characteristics and its realization as fundamental rights. It also seeks to study the main mechanisms available to judges to protect said rights, among which are the contentiousadministrative procedure and popular, group and tutela actions. A descriptive methodology is used, supported by the qualitative method. Despite the incorporation of collective rights, it is concluded that, in practice, there is a relevant gap between the declarative and the effective in terms of the aforementioned rights, which is why citizens must make recurrent use of the indicated constitutional actions to obtain the protection and guarantee of such faculties.
Public policy and the right to free economic competition
Free economic competition, as a right and guiding principle of constitutional rank, can be restricted by economic agents. The State must intervene in search of its guarantee through the formation of public policy. Therefore, the purpose of this article is to reflect on some aspects of the policy of the right to free competition. Methodologically, the text is based on the interpretative paradigm and the study is approached from the documentary method, for which different bibliographical sources specialized in the subject were consulted, as well as some legal norms and sentences issued by the Constitutional Court of Colombia. It is concluded that the axes of the referred policy are institutional strengthening, sanctioning capacity, independence, the whistleblower system and the promotion of competition, supported by legal norms, action plans, programs and rulings. With respect to the jurisprudential analysis, it was observed that the closing body of the constitutional jurisdiction has contributed significantly to the development and effective implementation of the public policy of the right to free competition.
Civil actors in truth commissions in Latin America
This article analyzes the behavior of civil actors in the truth commissions of Argentina, Chile, El Salvador, Guatemala, Peru and Colombia, contributing to the dissertation on transitional justice. The methodology used is of a qualitative order and glimpses the behaviors assumed by these actors in emblematic cases of truth commissions in Latin America. From this context, a comparative study is carried out to reference the transitions that have taken place in these countries and the various behaviors assumed by human rights and victims' organizations in the development of this type of transitional measures. In this sense, it has been possible to determine that, although some similar behaviors occur, they are not homogeneous and depend on the social and political context of each country. It can be finally said that the truth commissions studied have been able to verify that human rights and victims' organizations have adopted behaviors related to reporting human rights violations, thus demonstrating their support and contribution to research and showing the distrust and rejection from some sectors to the work of the commissions. Despite this, there is support for the results, once the final reports are delivered.
The contradiction in the inadmissibility of adoption by same-sex couples
With the approval of same-sex marriage, by sentence of the Constitutional Court No. 11-18-CN/19, a problem arises regarding the related rights inherent to the solemn pact between spouses. One of them is adoption, which is expressly defined for opposite-sex couples in the constitutional norm. This research seeks to analyze the inadmissibility and denial of access to adoption for same-sex couples on the requirement imposed by law to the applicants to be heterosexual, which generates a contradiction in Articles 67 and 68 of the Constitution, as well as in some articles of the Code of Childhood and Adolescence and the Civil Code. Throughout this research, the main aspects of same-sex parenting, the perspective of the child as a subject of rights, the theory of adoption as a false right, and the suitability of same-sex adopters were detailed. In addition, a conceptual framework with the most relevant terms was developed, and the legal and jurisprudential aspects were reviewed. The methodology used a predominantly qualitative approach based on a non-experimental, exploratory, descriptive, cross-sectional or transversal design. It is concluded that such a contradiction does exist to impose a moralistic criterion above the superior principles of the child. This criterion deviates from legal exegetics by conceiving adoption as a mere formality and not as an authentic right of minors to have parent figures that contribute to their holistic development.
The doctrine of proper act and its applicability in actual contract disputes. A look at a private law institution in labor law
This article presents a jurisprudential analysis of the rulings issued by the Labor Cassation Chamber of the Supreme Court of Justice, linked to the applicability of the theory of proper acts in disputes related to the existence of a real contract. To do so, the jurisprudential análisis methodology was used to search for the sentences issued from 2000 to 2021, in the database of that corporation, which had the theory of proper act as the thematic axis. A theoretical análisis from the concept of legal consciousness was also developed. The dogmatic reasons that exist for the theory of proper acts not to have applicability in the work setting were presented, along with a review from the theory of legal consciousness to determine what structure of thought is hidden in the jurisprudential position. The main conclusions of the article show that the nonapplicability of the theory of proper acts in actual contract disputes is a sample of the operation of the legal consciousness of the social by the judges. A dogmatic success from the theory of the applicable legal act in labor matters was also part of the findings.
Law as representation. Normative trajectories as a methodological instrument of theoretical identification
Law has emerged as a language phenomenon that conditions life in society. The norms as a construction of that phenomenon contain symbols, representations and gaps that have consequences in community life by having legal, social and political effects. On these elements, the present investigation aims to establish a methodological instrument to approach the normative system from theoretical positions that explain its movement, characterization and tensions. Thus, the article is outlined from a strictly methodological perspective from the hermeneutics of the social sciences, specifically in what refers to the analogical hermeneutics by attribution. It applies an interpretative-comprehensive methodology for the construction of the instrument itself. In this way, a specific relationship was found between the linguistic content of the law, the diverse representations that are generated and their implications, having as a starting point the Hartian recognition rule. In addition, the construction of normative trajectories is proposed as instruments for the application of law in relation to reality and language, endowing each representation with the ordering of meaning according to a specific theory.
The nature of the holder of rights as a comprehensive protection mechanism
Since 2016, with the historic ruling of the Constitutional Court that recognized the Atrato river as a subject of rights, in Colombia, tutela rulings have been reproduced in which, invoking this judicial precedent, other subjects of the nature have been recognized with legal personality. This article analyzes this and other rulings that recognize these rights: to the Magdalena and Cauca Rivers, to the Páramo de Pisba and to the Los Nevados National Natural Park. Using the hermeneutic method, interpretations and arguments are made in favor of the relevance of legal personality as a guarantee mechanism for environmental regulations that have been repeatedly violated in Colombia to the detriment of fundamental rights and of nature, causing damage, many of them irreversible, that alter ecosystems and put the survival of the human species and many other species on Earth at risk. It also reflects on the criteria that make the tutela viable as a mechanism for the protection of environmental rights; and on the implementation and follow-up orders established in the judgments to achieve recognition of personality as a comprehensive protection mechanism, inquiring about the degree of implementation that has been achieved.
The principle of conventionality: its existence and application for the constitutional defense of the human right to political asylum in Colombia
This article provides an account of a historical, social, political and legal analysis on the existence of a set of elements that enable the emergence, scope and application of the principle of conventionality as a legal and constitutional tool with international roots that, in the Colombian case, arises from a new political reality (Social Rule of Law). It is also an application mechanism, resulting from the national Constitution, the approval and ratification of international treaties on human rights, the imperative importance of principles as basic rules and jurisdictional participation. All of the above is for the protection of the human right to political asylum in Colombia, as well as other rights of equal category. This result is achieved from qualitative research, under a deductive and inductive method, based on a methodology and content analysis that is carried out through an explanatory, comparative description and empirical and analytical observation.