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This paper studies the externalities generated by the implementation of the instrumental policy of school breakfasts in Santiago de Cali. It starts by a historical analysis of the educational sector in Colombia, pointing out its pros and cons, which are given by the lack of coordination of the resources allocated and the policies. Also, a reflection about the meaning of public policies’ coordination and institutional change, which are integrated by the transferences of policies implemented through legal instruments, is proposed through the examination of public policy and public management. In this regard, the State has played a relevant role regarding the obligations in the educative sector: disponibility, access, quality, and permanence. Finally, the paper reveals the results of such instrumental policy in the educative sector and the whole city, showing evidence regarding the creation of public value. [ABSTRACT FROM AUTHOR]

This paper analyses the judicial poverty subsidy in Colombia. In paper, such institution aims to guarantee the access to justice of those people that cannot afford legal defense. However, it is argued that it is insufficient to satisfy such objective. On the one hand, it has legal design problems, such as i) the precarious definition of what it means to be poor, ii) the denial of the subsidy to legal persons, and iii) the confusion regarding how to prove the situation of “poverty”. On the other hand, there are practical application problems, such as i) the lack of investment to materialize the subsidy and ii) the scarce regulation and institutional surveillance of poverty lawyers, as well as their non-existence on the margins of Colombia. [ABSTRACT FROM AUTHOR]

This article addresses one of the legal consequences that occur when the principle of planning is violated in the area of government contracting, namely the declaration of the total nullification of the contract because it was based on an unlawful aim. This paper studies recent decisions by Colombia's Council of State that either support or disagree with this thesis. Once all of the arguments based on case law have been gathered, the paper seeks to take a side in the debate. It does so, however, without neglecting the theory that develops the relevant concepts involved in the discussion. [ABSTRACT FROM AUTHOR]

This paper aims to make a critical analysis of the prevailing liberal principles in the postcolonial Colombia, mainly through the work of Florentino González. As regards the scope, the paper deals with different aspects of liberalism of the nineteenth century such as the relationship between custom and law, the separation of church and state, the strain between federalism and centralism, universal suffrage and enlightened democracy of what is currently mean by liberal principles. The result is that the liberalism of the nineteenth century was marked by the use of a civilizing argument to segregate and discriminate most of the population. [ABSTRACT FROM AUTHOR]

This paper studies the concepts of "special ecological importance area", "excludable mining zone" and "mining concession", to show the tension between two activities of public interest: the mining activity and the protection duty over special ecological importance areas. Also, the paper analyzes whether mining concessions and environmental licenses create or not, acquired rights for the mining concessioner. This, to conclude if the execution conditions of the mining concessions can be modified due to the creation of a new special ecological importance area, declared and defined as such after the creation of the mining contract. [ABSTRACT FROM AUTHOR]

This paper analyzes the causes and proposes possible solutions for one of the principle reasons of Colombian backwardness in infrastructure: properties availability. The paper discusses "systemic" and "specific" causes. In relation to the systemic ones, it highlights the need of demanding proper feasibility studies, of changing the moment in which the properties are being acquired and of establishing a government institution that coordinates the entire process more effectively. In relation to the specific ones, it discusses the necessity of determining that a resolution of expropriation based on an infrastructure project should be considered a motive of public utility without discussion. In addition, it proposes to abolish the "pre-judicial process" on the basis of understanding what the Constitutional Court have said as well as establishing a faster and more reliable mechanism of setting the price of the property. [ABSTRACT FROM AUTHOR]

This paper aims to develop an analysis of the PPP (Public private partnerships) iewed, at the beginning, from an historical and international perspective and then analyses this figure in the national scene at present time. This paper may being enclosed as a reflection paper or a review paper, since on the one hand generates a critique of the figure and in the other hand, makes a revision of the figure of the Public Private Partnership in the national scene. The text addresses the different conceptions and typologies of the PPP, showing the difference of the figure depending the legal system where is developed, and demonstrating that is not a new figure, but a scheme that has been developing from several years ago. Finally, this paper develops the concept of the PPP inside the law 1508 from 2012 and establishes, from a critical perspective, some possible problems that the law could develop. [ABSTRACT FROM AUTHOR]

The problem-oriented core of this paper is the responsibility of the State-judge regarding the materialization of in dubio pro reo when the criminal collegiate judge does not take his condemnatory decision unanimously. This approach is supported by the hypothesis that considers the realization of a special mode of in dubio pro reo when the collegiate judge does not adopt the sentence without dissent, generating uncertainty in the criminal responsibility of the accused, and therefore liability State. For this analysis, we study the different positions taken by the Colombian State Council to resolve cases about unjust deprivation of liberty, together with the different voting systems of the collegiate judge. [ABSTRACT FROM AUTHOR]

Despite the progress regarding the rights of people with disabilities around the world, Colombia's domestic law still includes barriers that allow the infringement of these rights. One of the recurring practices in Colombia is the sterilization of people with cognitive and psycho-social disabilities. To carry out this procedure, the legal will of the person with disability can be superseded by another person, resulting in a forced sterilization. This constitutes a violation of the right against torture and other inhumane or degrading treatment. For this reason, the aim of this paper is to analyze the legal status of the sterilization of people with cognitive and psycho-social disabilities in Colombia, taking into account the contradiction between the regime of legal capacity in Colombia and the UN Convention on the Rights of Persons with Disabilities. [ABSTRACT FROM AUTHOR]

In this paper we analyze what happened in the Colombian judiciary system in connection with a controversial provision: Article 199 of Law 1098/2006, described as an example of punitive populism and as an expansion of criminal law -because it hinders the implementation of a reward justice, according with a criminal accusatory system-, which are a consequence not only because of the society demands of security and satisfaction, but also the utter irrationality of the legislature to such standards and, unfortunately, also because of the inconsistency of judicial operators who are called to overcome the law and justice above such interests, especially when it comes to exercising constitutional review over them. [ABSTRACT FROM AUTHOR]

The article raises the need to move forward in the area of public procurement and contracting towards a results-oriented scheme, given their potential to contribute to the achievement of the government strategic objectives. Although public procurement has evolved both in its conceptions and its practices, going from a normative and procedural approach to another that conceives it as an instrument at the service of general interest objectives (what justifies the integration of social, environmental and other aspects in the contract), it is still far from what is called here "public procurement for objectives and results". In this paper, a normative analysis of the public contracting is not made since there are not changes proposed in this sense, but rather in the routine of the Administrations and in their contractual practices, which were historically implemented regarding rules and not according to results. [ABSTRACT FROM AUTHOR]

This papers aims to provide a socio-legal account of the impact of Monterrey’s legal regulation on migrants and human rights in the lives of thousands of migrants in an irregular situation coming from Central American. On the one hand, the Law on Migration was analyzed from the perspective of the human rights constitutional reform of 2011. On the other hand, a qualitative research was done, finding evidence of the inefficacy of the new law. It is argued that the attainment of the new law objectives’ requires a change in the anti-migrant institutional legal culture. [ABSTRACT FROM AUTHOR]

This paper locates philosophy in the analysis of legal discourses. It aims to explain the uses of concepts in the argumentation of legal actors. Discrepancies between actors justify the existence of legal discourses, which involve a pretension of correction. These normative pretensions in legal discourse require the linking of legal discourse to hermeneutical philosophy to explain the practices of creation, interpretation, and adjudication of law. The reconstruction of legal concepts is given by discourses, since normative statements are interpreted with an aim of legal, economic, or political correction. In this way, the existence, scope and justification of rights in the discourse of legal actors are determined. [ABSTRACT FROM AUTHOR]

This paper develops a viability analysis about the creation of a new common currency for Latin-American market; focus its attention in the necessaries requirements for its creation and the vantages and disadvantages of this new monetary instrument. Likewise, this works study the relation between this new common currency and the current Latin-American integration processes. [ABSTRACT FROM AUTHOR]

The collective security system of the United Nations has had major changes since its beginning. Transitory international administrations are usually shown as the last step in the evolution of UN peace operations. They include a civil component and have State-building functions, such as the establishment or consolidation of institutions in post-war contexts. This papers aims to provide an overview of peace operations with an especial emphasis on those that substitute the State. [ABSTRACT FROM AUTHOR]

This paper describes relations between the Constitutional Court and the Colombian Congress in cases of legislative omissions. The essay analyses modes in which the jurisprudence of the Colombian Constitutional Court uses mechanism such as exhortation to the Congress in order to find a way for resolving cases of legislative omissions. Although there is no norm in the 1991 Colombian Constitution that includes legislative omission and its treatment, the Colombian Constitutional Court uses the exhortation as a mechanism to solve this sort of problems in completeness and coherence of the Colombian juridical system. Also, the analysis identifies tones used by the Colombian Constitutional Court in order to resolve the legislative omission; sometimes the exhortation to the parliament is just rhetorical and extremely respectful of the legislative branch powers. In other opportunities, the exhortation to the parliament looks like a truly invasions in the Congress competence sphere. [ABSTRACT FROM AUTHOR]

In this paper we analyze the situation of women who have been imprisoned in Latin America prisons, with an emphasis on Colombia. We seek to contribute to the debate on the experience of incarcerated women through the collection, organization and analysis of available data on the female prison population. Using this information we seek help fill the gap in terms of information on women and the prison system. Based on the above methodologies, we are able to show that the differential nature of criminal and prison policies in relation to women can be found in that they experience a more strictly punitive approach both locally and regionally in recent decades with regards to drug trafficking crimes. Finally, we show that this approach tends to focus on women who were economically disadvantaged and social excluded prior to their incarceration, a phenomenon that can be described as the punitive feminization of poverty. [ABSTRACT FROM AUTHOR]

In Colombia, the Constitutional Court has ruled repeatedly on the right to survivor annuity for same-sex couples, noting that the term survivor annuity is understood as: A fundamental right of a certain, undeniable and inalienable nature due to its close association with values subject to protection, such as the right to life, social security, health and work, conditions that give it an inalienable, inherent and essential character given the helplessness of the beneficiary whose right should be recognized and remunerated. (T-173/1994, A. Martinez) According to the above, this article aims to establish from a legal perspective whether the acquired right of survivor annuity between same-sex couples is being recognized. The methodology used is part of the historical-hermeneutic method proposed by Habermas, because with it one can understand the impact that the new possibility of "family" has had on our country and the way in which this new possibility of "family" comes with certain rights and certain obligations for same-sex partners. It also highlights the vulnerability to which these same-sex couples are permanently exposed. This paper adopts a theoretical and dogmatic method and studies the progress that the law has had on the protection of the right to survivor annuity for same-sex couples through the Colombian Constitutional Court's interpretation. As a general conclusion, it appears that there is a problem of discrimination against same-sex couples in Colombia, which includes the violation of all kinds of rights and violates fundamental rights, especially the right to equality. [ABSTRACT FROM AUTHOR]

The purpose of this research is to analyze the effects and risks of the application of the most-favored nation (MFN clause), which allows investors to benefit from guarantees, which were not initially included in a bilateral investment treaty. In particular, this work will demonstrate that the effects of this clause depend on the exclusions made in the wording of the MFN clause, and that having more detailed conditions can result in a more efficient guarantee of legal certainty, since it prevents an arbitration tribunal from expanding the effects of the clause beyond what States would desire. To further develop this concept, the paper first puts the situation of foreign investment and bilateral investment treaties in Colombia into context, a conceptual review of the MFN clause is made, various decisions by the International Centre for Settlement of Investment Disputes (ICSID) arbitral tribunals are analyzed and specific clauses of bilateral investment treaties (BITs) signed by Colombia are studied, focusing on treaties with the United States and Switzerland. [ABSTRACT FROM AUTHOR]

This paper presents a discussion on the criteria needed to differentiate the perpetrators from the participants according to the Colombian criminal law, and the particular effects that this produces within the crime of embezzlement, such as the quality of the public servant and the functional relationship between the perpetrator and that which is being protected from this crime. [ABSTRACT FROM AUTHOR]

This study is a reflection paper whose main objective is to analyze and compare the established facilities for union representatives from the public and private sector, both domestically and internationally, in order to settle posible differences or similarities in its legal treatment. Pursuant to the doctrinal legal research by the analytical method, we conclude the existence of similar regulation prerogatives for union workers's representatives and for public employees' representatives in the domestic context; notwithstanding the foregoing we observe that such regulation is still insufficient and that Colombia requires to seize the current regulation trend of international conventions regimentation to explicitly enshrine union representatives facilities', both public and private sector. [ABSTRACT FROM AUTHOR]

The present paper constitutes the author's second document presented for his PhD in Law from the Pontificia Universidad Javeriana, and it presents some reflections regarding the impact that legal precedent and constitutionalization can have on legal certainty. For such purposes, it studies judicial precedent and jurisprudence, as well as its obligatoriness in a legal system. Also, it deals with constitutionalizacion and how legal certainty can be affected by judicial activism and constitutional over interpretation, as well as the risks inherent in them. [ABSTRACT FROM AUTHOR]

This reflection paper aims to provide jurisprudential guidelines for judges, both regular as labor protection, as regards the right to organize. Presents a historical overview of the main rules that began the collective labor rights in Colombia, even before he founded the International Labour Organization (ILO) and the Constitution was reformed in 1991, giving effect to the concept of constitutional block. The scope mentions the first standards from 1919 to the recent development of the jurisprudence of the Constitutional Court, and as method performs the analysis of several agreements ILO freedom of association and invokes some interest jurisprudence. The importance of freedom of association within the social rule of law to reaffirm their protection, framed in international law is concluded [ABSTRACT FROM AUTHOR]

The principle of the autonomy of the contract will in the choice of procedure law is an axiom in international trade disputes. Nevertheless, in several legal systems there are restrictions to this principle residing in the public policy. It is possible to identify the principles of public policy such as those that inspire a particular jurisdiction and are an echo of the fundamentals values of a society. The concept responds to a general idea of the supremacy of society over individuals. This paper purports to demonstrate the prevalence of contractual intent over the so-called lex arbitri at the transnational level. The methodology used is documentary. [ABSTRACT FROM AUTHOR]

This paper addresses the asylum as a central affair of international law. The objective is to analyze the discursive dimension that contains this legal institution from two central elements: at) the exhortation to get approval of the reader, and b) the will of rectify the order of events. For this end, it points the main currents out that integrate the discourse of Political Asylum, emphasizing the techniques and strategies most used by legal literature. Finally, some limitations are suggested in order to display the new challenges in the current world order. [ABSTRACT FROM AUTHOR]

The main objective of this paper is to present the characterization that the Inter-American Court of Human Rights (iachr) has made through its decisions of the concept of conventionality control and the implementation of this concept in Colombia. In particular, we aim to demonstrate that the development of this concept in the decisions of the Constitutional Court and the State Council has had a breakthrough in terms of normative integration of the Inter- American corpus iuris with domestic law. However, our courts have been shy to express the supremacy of international standards on all national laws, and because of this, they have prevented the construction of a conventionality control of the laws that goes far beyond the traditional constitutional control. [ABSTRACT FROM AUTHOR]

This paper aims to demonstrate, from the essence of the Economic, Social and Cultural Rights, the relationship among such rights and the strengthening and redefinition of the democracy base don't he citizen participation by means of public policy structuring as well as the judicial protection of the Economic, Social and Cultural Rights. [ABSTRACT FROM AUTHOR]

The wealth of the country because of natural resources, including oil, has led to the task and the need to permanently deploy its administrative state regulation and control function through the creation of institutional and legal frameworks against the exploration, production, refining, transportation, storage, distribution and marketing them in the country. However, since the Colombian institutional framework in this field, there is a substantial difficulty product creation and coexistence of a large number of specialized agencies public and sub, which directly affects the administration, since the vast institutional dispersion entails that when the implementation of an administrative proceeding is required, it is itself mediated by multiple steps, leading to a large bureaucracy, delaying the implementation of the actions and hindering the development of the provision of efficient and effective service to all actors involved and interested in the subject. In legal terms, the outlook is not encouraging, because there is a wide range of segregated provisions, scattered, concrete and operating atomic and particularized policy on various issues, making it difficult in practice to develop these activities in consistent with the challenges posed by the global market against them. In this perspective, this paper aims to make a theoretical reconstruction of these two fronts (the institutional and regulatory) to verify the conditions of legislative fragmentation leading to the dispersion in the performance of administrative functions with them, and argue that these are one of the reasons, perhaps the most important, that distort models provide efficient and effective services by the state and individuals, thus affecting access to and enjoyment of social welfare benefits and the satisfaction of social interests from they are intended to cover. [ABSTRACT FROM AUTHOR]

Domestic violence is a complex issue nowadays in Colombian society. According to the latest report from the Institute of Legal Medicine and Forensic Sciences, during 2013, 68.230 cases of domestic violence took place. 77.58% was against women and 22.42% against men. In the context of this reality, academics have focused their interest in the analysis of the implementation, social consequences and the reception of rules against domestic violence. Taking into account this, the objective of this paper is to report the state of the art of legal and social research on domestic violence in Colombia. The methodology used for this literature review was to analyze secondary references. [ABSTRACT FROM AUTHOR]

This research aims to clarify the current situation of the Deaf community in Bogotá in regard to the permanence and access to higher education. The study was carried out based on the analysis of the current national and international legal framework that relates to people with disabilities, and specifically to the Deaf community. With a deep analysis of the existing legal framework, this paper will attempt to determine whether or not this framework is sufficient in fully guaranteeing the right to education of Deaf people, taking into account the variables of permanence and access to education, and the discussion on whether the Deaf community may or may not be considered a linguistic minority. Furthermore, this investigation will attempt to determine the flaws in case law, legislation and public policies that have thus far been implemented, while also highlighting policy recommendations that can be adopted from a constitutional standpoint on the fundamental rights to equality and education for people with disabilities, all under the social model that defines this concept. [ABSTRACT FROM AUTHOR]

This paper is focused on the analysis of the evolution of the conscientious objection in the jurisprudence of the Colombian Constitutional Court: at the beginning it has not received constitutional protection or was protected in a restricted manner, then it received recognition as a expression of freedoms of religion and conscience, and nowadays is categorized by the jurisprudence as a fundamental right. Moreover this article intends to illustrate the existence of a constitutional regulatory framework for conscientious objection, design to be applied in the different scenarios where it could be possible to claim it. This framework allows special rules just in the contexts where claiming the right to conscientious objection implies an opposition to other fundamental rights, but not in contexts where is opposed just to obligations. To do this, the article exposes the result of the analysis from the jurisprudential review of decisions of the Constitutional Court from 1992 to 2013 in five different scenarios. [ABSTRACT FROM AUTHOR]

The peace talks initiated between the government of Juan Manuel Santos and the guerrilla FARC EP, in November of 2012, inspired us to question the role that ethnic peoples should have in the development of these talks, and in the later peace building process. The latter, given that the conflict itself has had deep consequences in the lives of ethnic peoples, undermining their collective and individual rights. Both, international and national law, have recognized their right to participate in any decision that could have any affect upon them, in order to combat the exclusion of these communities. For this purpose, the first part of this text, tries to illustrate the situation of ethnic groups as differentiated victims in armed conflict, later on, we will question the roll that this groups should have in order to allow the construction of peace with legitimacy. Finally this paper will analyze the right of participation found in prior consultation, in both national and international law and the way this could possibly affect the construction of peace. [ABSTRACT FROM AUTHOR]

The interpretation of the Constitution has lead to the development of a series of studies devoted to it. It has concerned about the notion, object, characteristics, specificity of constitutional interpretation and the role of constitutional judge. This paper treats this issue, and focuses in the role of constitutional interpretation directives, collecting as much of the doctrine developed, and then criticizing them. Traditional interpretation directives are described; this last ones are opposed to the new criteria that have been developed by certain sectors of the legal doctrine, which goes so far as to propose some directives already contained in other ones or that are not relevant in practice, as is intended to demonstrate in this article. [ABSTRACT FROM AUTHOR]

Within the legal consequences of committing a crime is sentenced to repair the damage; this paper focuses on reparation for moral damages in the case of sexual offenses committed against children and adolescents. The main objective is to provide the reader with a comprehensive overview of aspects comprising the measure, but particularly, establish state obligations as guarantor of reparation that is properly applied in attention to its purposes. The methodology includes an interpretive case study analysis of doctrinal, legal and diverse sources of information instruments, whose union justify the argument employed. In conclusion it is stated that the State must ensure that reparation for moral damages in the cases mentioned, is applied correctly in favor of the direct victims. [ABSTRACT FROM AUTHOR]

This paper--part of a major research which has as objective the philosophy of legal colonialism in Latin America--is dedicated to examine the relationship between indigenism, revolutionary democracy, and counter-constitutional discourse, within the contemporary age in the Latin American context. Our main source is fictional literature, for it is an important constituent of the external legal culture. But it also takes account of the recent constitutional reforms in Bolivia and Ecuador. The methodology is exploratory and it has a critical point of view of the primary and secondary sources. For the reasons explained above, the results are partial, though they are essential to define the legal colonialism and to describe the challenges they expounded to Latin America legal culture. [ABSTRACT FROM AUTHOR]