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- ÍtemDerechos de los niños, niñas y adolescentes en Colombia y la prevalencia de estos sobre las penas privativas de la libertad de sus padres(Universidad Cooperativa de Colombia, Facultad de Derecho, Derecho, Bogotá., 2023-09-29) Cubillos Fierro, Luz Helena; Melguizo Díaz, Maria Helena; Carlos Jesús MolinaThe rights of minor children who are children of a person deprived of their liberty generate an obligation of the State to defend the wellbeing of the minor, to promote family unity and not to overlook any of their rights, having the State, as tools, the provisions of national and international laws, always taking into consideration the judicial entities when imposing a custodial measure, the prevalence of children's rights and the guarantees of the State that should not be denied. It is the duty of the State and of the different competent agencies to activate mechanisms to protect minors, and to work continuously on their rights, so that the legal situation of one or both parents does not affect their physical and emotional well-being, their relationship and family life, and their positive development. Children have internationally recognized fundamental rights, such as the right to life, health, education, play and freedom from discrimination. These rights are protected in international instruments such as the Convention on the Rights of the Child and must be guaranteed by States. When a parent is deprived of his or her liberty, the State has a responsibility to ensure that the rights of their children are not affected and to ensure that children can maintain a relationship with their incarcerated parent. This may include measures such as the provision of child care services, visits with their incarcerated parent, and psychological support for the children and their families.
- ÍtemConflictos entre la institución de la expropiación y los derechos de los expropiados(Universidad Cooperativa de Colombia, Facultad de Derecho, Derecho, Bogotá, 2023-09) Vega Rondón, Johanna Cecilia; Andres Hernández Morales; Eduardo Andrés Calderón Marenco; Andrés Giovanni Pardo CarvajalExpropriation simultaneously focuses on political interests and state power in private property. When carrying out this investigation on the conflicts between the Institution of Expropriation and the rights of the expropriated, it is possible to compare the reforms carried out to the expropriation and what has been its importance, which gives us a global approach on the purpose of the application this. Thus, our main object focuses on two hypotheses: (i). the most relevant change consists in replacing the tension between public interest and private interest with the tension between local interests and global interests, and (ii). The existence of a relationship between the topics under discussion and the contexts of said discussion.
- ÍtemAccion de tutela y derecho fundamental a la salud durante la pandemia por Covid-19 en Colombia(Universidad Cooperativa de Colombia, Facultad de Ciencias Sociales, Derecho, Montería, 2023-09-26) Durango Jiménez, Geraldine de Jesús; Yanes Guzmán, Gianela Margarita; Gutiérrez Sánchez, María Camila; Jose David Torrenegra ArizaThis research work was a study that developed the objective of analyze the development of the protection action against the fundamental right to health, during the Covid-19 pandemic in Colombia. The methodology was a legal documentary review, developed based on a descriptive approach, which was analyzed as a result, the evolution of the nature of the right to health in Colombia, taking into account Judgment T-760 of 2008, as well as such as Law 1751 of 2015, which urged the right to health as fundamental in Colombia. The statistical evolution of the guardianship action was also investigated as a mechanism to guarantee the right to health before and during the Covid-19 pandemic in Colombia, and the scope of the guardianship rulings for the guarantee of the right to health was known. during the Covid-19 pandemic in Colombia. The conclusions made it possible to establish that the guardianship action is a transitory and definitive judicial defense mechanism in what covers the protection of the right to health, when this is linked to the affectation of a fundamental right such as life, among others.
- ÍtemEl Estado colombiano y su dualidad frente a los crímenes de poderosos(Universidad Cooperativa de Colombia, Facultad de Derecho, Derecho, Bogotá, 2022-11-01) Suárez Díaz, Yenifer Yiseth
- ÍtemAnálisis jurídico a la exploración de la luna desde el programa Artemis(Universidad Cooperativa de Colombia, Facultad de Derecho, Derecho, Medellín y Envigado, 2023-09-22) Cano Diaz, Oscar Andrés; Juan Guillermo Agon LópezThe following research analyzes the possible violation of the rules of international law on the exploration and exploitation of outer space, by NASA's Artemis Program, given the different space activities that are being carried out and are leading to a vertiginous exploration of space and its different celestial bodies. For this, relevant aspects about the origin of the moon are presented, for a better understanding of the processes of exploration, research and possible exploitation of this; as well as the different international treaties that support the space activity of States and private parties, focusing on those related to the approach of this research. For this purpose, a qualitative study is carried out, through three stages that close with a triangulation of the information collected: documentary review, consultation with two experts and final analysis of the researcher. According to the categories of analysis worked, there are some irregularities in the development of the Artemis Program, which allow reflections on it and leave recommendations about it for the actors involved in the activities of the space. This is supported by the information and assessments generated by the experts, to finally recommend an in-depth review of the current regulations, to give it greater rigor and solidity, as well as a more universal and comprehensive vision with respect to this sector.
- ÍtemManual de procedimiento para estudiantes de consultorio jurídico en procesos administrativos de restablecimiento de derechos de menores de edad(Universidad Cooperativa de Colombia, Facultad de Derecho, Derecho, Bogotá, 2023) Martinez Mora , Oscar Mauricio; Guzman Barreto , Edward Alejandro; Molina, Carlos JesusThe thesis titled "Procedure manual for law clinic students in administrative processes of restoring the rights of minors" aims to design a procedures manual that is used as a learning model for university students who are engaged in their legal practices at the Colombian Institute of Family Welfare (ICBF). The study is based on empirical research and uses document analysis techniques and interviews with ICBF officials and other key actors to identify the strategies and methodologies necessary to ensure effectiveness in the restoration of the rights of minors in administrative processes. The rules and regulations governing administrative processes for restoring rights are analyzed and the different measures adopted by the ICBF in protecting the rights of minors will be reviewed. The importance of creating a procedure manual lies in the fact that university students can use it as a practical learning model, allowing them to have a clear and concise guide in the process of restoring the rights of minors. In this way, it is sought to contribute to the protection of rights by implementing effective measures and mechanisms for prevention, investigation, punishment and repair of violations of rights; In addition, it is expected to achieve procedural speed in the processes of restoring the rights of minors
- ÍtemLa obediencia debida como causal de exoneración de responsabilidad penal en la comisión de delitos cometidos por miembros de la fuerza pública y los derechos de las victimas(Universidad Cooperativa de Colombia, Facultad de Derecho, Derecho, Barrancabermeja, 2023-09-20) Peña Casas, Nestor Fabian; Manríque Ríos, Alejandro; Pava Nieto, Natalia; Cristhian Javier Gutiérrez MartínezThis legal monograph studies the concept of due obedience as a cause of exoneration from criminal responsibility in contrast to the right of victims in our legal system, focusing its foundation on the idea that certain individuals belonging to the public force, due to their hierarchical position, they can be exempt from criminal liability if it is proven that they acted under superior orders and if certain criteria established in the regulations are met. The authors obtained as a result a monograph resulting from a qualitative documentary research with a descriptive approach that had as its general objective; study the figure of due obedience as a cause for exoneration from criminal responsibility from the perspective of crimes committed by members of the public force in the exercise of their service. For which, through the technique of documentary data collection, its theoretical framework was defined to carry out the analyzes and interpretations of consolidated legal information, to establish the cases in which due obedience validly operates as a cause for exoneration. of criminal liability for members of the public force, when in the exercise of their service they commit some typical conduct, without such concession, they ignore the rights of their victims, regardless of whether their knowledge corresponds to ordinary justice or military criminal justice.
- ÍtemAnálisis de políticas públicas para la prevención del ciberbullying en la Educación Básica secundaria en Colombia(Universidad Cooperativa de Colombia, Facultad de Derecho, Programa de Derecho, Bogotá, Colombia, 2023-09-19) Herrera Sandino, Ana Marisol; Lalinde Chaves, Edna Rocio; Palacios Melo, Rosa Isabel; Yonni Albeiro Bermúdez BermúdezThe objective of this work is to analyze the Public Politics that the Colombian State has to detect and prevent Cyberbullying in children in basic secondary education, accordingly, to establish if it is necessary for the Colombian legal system to incorporate greater regulations. address the issue and define guidelines in order to prevent and better manage situations derived from cyberbullying. Given the search and analysis of the policies established by the Government regarding the issue, it was possible to observe that, although the Colombian State has some public policies to detect and prevent behaviors aimed at carrying out Cyberbullying, they are insufficient and not the expected results are generated. It is necessary to monitor the policies that are already in progress, involving the different social actors: the family in its role as the central nucleus, through the application of parental control that allows parents and guardians to be attentive to the platforms they use, educational centers, since it is there where the citizens of the future are formed and where it is possible to replicate the information and the State, through its various policies, in order to prevent and provide a better management of situations derived from this phenomenon where, at the same time, restorative justice is applied to the victim and forceful sanctions are imposed for those individuals who, using their anonymity, use technological means to harm others, especially minors. of age, a situation that, although it may be a little complex, is not impossible to manage. Due to the importance of the subject, a practical booklet focused on children and adolescents is prepared, which serves as support for the detection, prevention and ways of reporting cyberbullying, starting from the classroom and continuing with extended knowledge, contributing with the construction of a more just society.
- ÍtemLa garantía de la fe pública mediante el registro en instrumentos públicos digitales y los criterios para su validez como requisito de publicidad(Universidad Cooperativa de Colombia, Facultad de Derecho, Derecho, Barrancabermeja, 2023-09-19) Hernández Ortiz, Yira Yarnedy; Jiménez Martínez, Wilmer Emiro; Cristhian Javier Martínez GutiérrezOn June 30, 2022, the State of Economic, Social and Ecological Emergency in Colombia came to an end, and with it, many of the measures implemented by the Colombian Government to face the serious health calamity caused by the Coronavirus COVID-19 were gradually losing validity. However, some others, such as the measures to implement information and communication technologies in legal proceedings, expedite judicial processes and make attention to users of the justice service more flexible, became permanent due to their obvious benefits in terms of of accessibility, efficiency and procedural economy. Despite this, in terms of registration and publicity of legal acts in public instruments, face-to-face procedures and the physical issuance of documents continue to predominate. For this reason, a qualitative research of a documentary nature was carried out with a descriptive approach that had as its general objective the study of the figure of the requirement of publicity of legal acts required by Colombian civil legislation through face-to-face procedures to establish its validity regarding of the possibility of its exhaustion through digital procedures.