Especialización en Derecho de Familia

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La descomposición familiar que sufren las familias desplazadas, los niños, niñas y adolescentes que han sido víctimas del conflicto armado
(Universidad Santiago de Cali, 2018) Zapata Arias, Alejandra; Bustos Romero, Michel Federico
According to a report from the Observatory of Internal Displacement (IDMC) and the Norwegian Refugee Council (NRC), Colombia is the country with the most internally displaced people because of the armed conflict that has been generated for more than 50 years, where the most affected Families have been affected, especially affecting children and adolescents in the most vulnerable areas of Colombian territory. The immediate consequence of the occurrence of victimizing acts is the family breakdown where the most affected are children and adolescents, since in most cases, frightened families must leave their homes to save their lives, forced to move to the big cities, and since they are not prepared for it, they need to separate while they stabilize themselves in other places, facing new ways of life and for obvious reasons, the difficulties of starting from scratch to live and adapt to the places where they migrate, encountering other problems such as unemployment, lack of housing, inequality, lack of protection and food, among many other basic needs that they can not afford.
Evolución jurisprudencial de la corte constitucional respecto a la fertilización In Vitro y el derecho a conformar una familia
(Universidad Santiago de Cali, 2018) Peña Millan, Marcela Cristina; Bustos Romero, Michel Federico
This article examines the evolution of the Honorable Constitutional Court of Colombia in its jurisprudence, regarding the fundamental nature of sexual and reproductive rights in Colombia, specifically, in Assisted Human Reproduction (ART) Techniques, and within these, In vitro fertilization (IVF). For the above, the jurisprudential line methodology is applied in the pronouncements made by the high court, concluding that, although initially it was completely reluctant to recognize, by way of guardianship, the right to access treatments considered as TRA , through a landmark decision, it was ended by separating from the precedent jurisprudential to recognize that there are specific cases in which these procedures can be ordered, in order to guarantee the sexual and reproductive rights of citizens and the lack of part of the state to give progressive treatment to these violated rights.
Importancia de la familia para la adopción de parejas del mismo sexo de conformidad con las sentencias de la Corte Constitucional
(Universidad Santiago de Cali, 2019) Vivas Pabon, Andrea Patricia; Bustos Romero, Michel Federico
The Colombian Constitutional Court, for more than ten years, has been presenting in its judgments arguments to better understand the scope of article 42 of the Political Constitution, which deals with the family, especially the links that allow recognition and special protection on the part of the State. However, despite evidencing a hermeneutical uniformity until 2007, the Court breaks with the same uniformity, and begins to give different scope to the concepts that Article 42 of the Constitution presents regarding the nuclear foundation of the family, giving the step to homosexual practices of a couple are fully assimilated, as far as they may be concerned, to the legal consequences of heterosexual unions that manage to establish a family bond by responsible commitment and the dynamics of the existence of love that is they manifest, including the opening to a domestic community of upbringing and solidarity. In relation to the adoption of children, by same-sex couples, which is the issue at hand, the Court assumes a new role with judgment C-683 of 2015, which establishes categorically and categorically that couples of the same sex they can adopt, since the sexual orientation of a person of the same sex or their sex are not, by themselves, indicators of lack of moral, physical or mental suitability to adopt; therefore there must be a special protection by the State to the sovereign decision and responsible for forming a family for those who practice homosexuality.
El matrimonio civil en Colombia, análisis a la sentencia hito su -214 de 2016 de la corte constitucional en garantía de los derechos de las parejas del mismo sexo
(Universidad Santiago de Cali, 2019) Caicedo Varela, Lizeth; Bustos Romero, Michel Federico
This research article develops the real concept of civil marriage in Colombia, from the Hito Sentence SU-214 of the year 2014 of the Constitutional Court, in which it is recognized that the union of same-sex couples has legal validity through of the solemn civil marriage contract, which grants the same rights and obligations to a couple that wants to form a family independent of their sexual orientation. Thus, it can be consulted in countries such as the Netherlands, Belgium, South Africa, Argentina, Canada, Brazil and Uruguay, countries that have legislated equal marriage, guaranteeing the protection of human rights, enshrined in the Universal Declaration of Human Rights, this determining that there is still a legal void on the part of the Congress of the Republic of Colombia, which has been protected by the Constitutional Court through its jurisprudence in order to guarantee the rights of said social minority.
El menor trabajador y menor delincuente: Consecuencia atribuible directamente al Estado
(Universidad Santiago de Cali, 2019) Blanco Amorocho, Mario Fernando; Bustos Romero, Michel Federico
In Colombia, the increase in the rate of working, law-breaching children and adolescents is the result of numerous socio-cultural factors which have not yet been dealt with. Such situation constitutes the direct consequence of an evident lack of public policies which can improve the socio-economic conditions of families, generate jobs and, above all, provide high-quality education. In comparison with Latin-America and Europe, Colombia has been lagging behind in terms of the fight against school dropout, the rise of laboring children and the presence of minors in criminal activities. Whether the State should be regarded as the main responsible for this problem is a fairly under-debated issue by authorities. This is particularly pertinent since the principle of co-responsibility set forth in Article 10 of the 1098 law (2006), in a preferential manner, initially transfers the duty of safeguarding the integral rights of children and adolescents to families and the society before the State. Therefore, it is in the light of the above-mentioned matter that I attempt to raise awareness of these issues among both regional and national authorities, and among public and private institutions in order to promote the creation of policies which can efficaciously guarantee an integral quality of life for children and adolescents. This implies having access to health services, a proper nutrition, sport and recreation, culture and art and especially education
La protección jurídica a la familia conformada por parejas del mismo sexo desde la constitución política de 1991 a la actualidad y sus repercusiones fácticas en el departamento del Valle del Cauca y el municipio de Cali
(Universidad Santiago de Cali, 2019) Nossa Saldarriaga, Carlos Alfonso; Bustos Romero, Michel Federico
The purpose of this work is to collect the necessary data to perform a complementary analysis of the rights recognized to families formed by same-sex couples in Colombia, in such a way that an updated and extended family concept can be specified that allows us to identify the gains and challenges that lie ahead, due to principles such as equality, personal self-determination, the free development of personality, individual integrity, freedom among others. This research is based on a qualitative methodology which proposes to carry out a legal and jurisprudential analysis by taking each of the milestone judgments and complementary laws concerning the subject of study; as it is the legal protection of families formed by same-sex couples from the Political Constitution of 1991 to the present, although the focal point of this investigation is Colombia, the department of Valle del Cauca and the municipality of Cali, It is convenient that we take a tour of international norms and agreements on the rights of homosexuals and their capacity to form families. This research is carried out through a qualitative analysis; We understand as primary sources the laws and judgments of constitutionality and guardianship of the Constitutional Court, and as a complementary source some research works already carried out, as well as articles from indexed journals, among other complementary academic texts for the analysis of the subject of study. As a result of the research work seeks to respond to the general objective, likewise, respond to issues that relate to the subsidiary questions, this is: Current concept of family, recognized rights to same-sex couples, mandatory constitutional precedent and its numerous pronouncements for its non-application, and finally the legitimacy of the Constitutional Court as creator of rights. Finally, we will then direct this work in a basic research because it seeks knowledge of reality or phenomena of nature, to contribute to a society increasingly advanced and that responds better to the challenges of humanity. Which does not actually seek the practical application of their discoveries, but the increase of knowledge to answer questions or for that knowledge can be applied in other investigations.
Reparación de daños materiales y morales como consecuencia del no reconocimiento del hijo extramatrimonial
(Universidad Santiago de Cali, 2018) Lenis Carvaja, Andrés Felipe; Bustos Romero, Michel Federico

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Browsing Especialización en Derecho de Familia by Author "Bustos Romero, Michel Federico"

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