Browsing by Author "Sinisterra Quintero, Juliana"
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Item Las antinomias constitucionales en las decisiones de la corte constitucional colombiana(Universidad Santiago de Cali, 2020) Sinisterra Quintero, Juliana; Giraldo Àngel, Laura AndreaThe Constitutional Antinomies (AC) are presupposed as contradictions —whether it is normative, principialistic or of rules— within the same legal system. They have been present in most of the legal systems in the world. Latin America is a scene of contradictions, conflicts and constant struggles to strengthen the regulatory and judicial aspects that guarantee greater effectiveness in justice. On a daily basis, judiciary operators concern about the approaches they should take to their judgments. This article is an attempt to establish the form and the way in which the Constitutional Antinomies re solved in the decisions of the Colombian Constitutional Court. This analysis contributes to focus on how these operations —sometimes technical but mostly subjective— have been developed over almost three decades. It achieves it throughout the study of the argumentative system (Perelman & Atienza) as the basis for understanding every judiciary system, the socio-legal environment in which legal activity is carried out, and certain conclusions and daring suggestions for the judiciary operator, Make the this analysis provides a contribution to focus in how these operations –sometimes technical – have been developed over almost three decades, most of the time subjective decisionItem Barreras para la garantía de los derechos de las personas con discapacidad en Colombia(Universidad Santiago de Cali, 2019) Aristizábal Aristizábal, Jeison Felipe; Sinisterra Quintero, JulianaThis study addresses the issue of disability seen from a rights perspective and identifies the factors of effect on the physical, social and legal development of people with disabilities. The research aims to identify how they influence the barriers of access to comprehensive and inclusive care and the guarantee of the rights of the Colombian people with disabilities. The theme is divided into three parts, the first sets out the legal framework that guarantees the rights of persons with disabilities in Colombia, seen from the social perspective of law. The second describes the operational structure of the national system of disability and subsequent barriers to access to the guarantee of the rights of this population. The third part discusses three cases of action tutelary, resolved in the instance of the seventh room. The analysis is based on recurrence of type procedural, contextual and legal, coming together in the identific direct factors that impinge on the rights of persons with disabilities.