Especialización en Derecho de Familia

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https://usc.scimago.es/handle/20.500.12421/71

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Elementos condicionales para la implementación de la maternidad subrogada en Colombia
(Universidad Santiago de Cali, 2017) Chamorro Manchabajoy, Brayan Alexander; Cortez Martínez, Elda Ruth; Jaramillo Rojas, Carlos Alberto
In this essay, the current state of surrogacy in Colombia is presented, based on the jurisprudence that has been issued by the constitutional court and the different texts that refer to the topic. We will present from our point of view about the relevant aspects of the T-968 sentence of December 2009 regarding surrogacy, and how this sentence accepts methods of assisted reproduction as a mechanism that helps people that can’t naturally procreate, also to bring to the attention the bills that are presented at the congress on the subject of debate, since although it is true that by the sentence T-968 of December of the year 2009 this kind of practice is allowed there are legal gaps that need to be clarified to avoid a bad exercise of these methods, on the other hand the different arguments that are against maternity surrogate are questioned and how each of these may be objectionable.
La filiación en derecho de Familia: Análisis normativo, científico y probatorio
(Universidad Santiago de Cali, 2017) Canizales Rivera, Cristhian Camilo; Solano García, Jhon Alexander; Jaramillo Rojas, Carlos Alberto
The legislative and jurisprudential evolution of evidence in paternity law in Colombia shows that, in recent years, these legal processes has been supported by genetic science which resolves historical confusions in determining a person´s true parents. This article approaches the topic from an analytic standpoint.
Limitaciones de las medidas de restablecimiento de derechos de los niños, niñas y adolescentes en Colombia
(Universidad Santiago de Cali, 2017) Aragon Meneses, Andrea Melissa; Murillo González, Ana Yolima; Jaramillo Rojas, Carlos Alberto
To what extent is it possible to protect and guarantee international standards for the protection of the rights of children and adolescents through the implementation of the restoration of rights contemplated in Law 1098 of 2006? To answer this question the essay is divided into three sections. The first will review international standards for the protection of the rights of children and adolescents, with reference mainly to the 1989 Declaration of the Rights of the Child. Later, some limits are identified for the implementation of measures to reestablish children's rights. Finally, he concludes by providing an overview of the study undertaken.
El delito en menores de edad en Colombia ¿perspectiva sociológica o salida jurídica?
(Universidad Santiago de Cali, 2017) Popo González, María Deisy; Jaramillo Rojas, Carlos Alberto
Colombia has been summited throughout its history to social and political movements that have characterized on the international stage like one of the most violent countries in the world. At the center of this panorama is the phenomena of the juvenile delinquency, like social doings that in many ways the decomposition that the Colombian society lives in and on the other side the responds of the judiciary system that finds itself with the dilemma of applying criminal regulations that don’t go against the international mandate and that on the other hand distinguish the tip of criminal infraction between the minor and the adult. What causes for the crime index between minors to be so high in the country? Is Colombia by essence a violent country? And finally, have the realized reforms been effective with our Criminal code and the infancy and adolescence code to prevent and diminish the growth rate of the minor populations’ immergence in criminal infraction?
Causales de divorcio o vulneración a los derechos humanos
(Universidad Santiago de Cali, 2017) Landeta Chanci, Oscar Darío; Jaramillo Rojas, Carlos Alberto
Before starting the analysis of the causes of divorce, it is necessary to give some guidelines regarding Divorce, which in Colombia was legal from the sixties, still many people do not know or understand what effects and what are the rights and duties that With carries is legal figure; They do not know what benefits it brings or what damages it may entail, each one says what is best for them. There is a marriage crisis everywhere both nationally and internationally, divorce in these cases is the "Remedy" that will cure these evils at the root; Divorce is the dissolution of civil marriage and at a religious or ecclesiastical level is called a cancellation of the civil effects of marriage with the option of remarriage; There are two types of divorce: The Volunteer, in a consented way, by both Spouses in which case they can do so in Notary (Divorce Express), or before a Court and Contentious, when One of the spouses does not accept divorce only can be processed before a Family Court. There are words in the lexicon of divorce that are repetitive in each scenario like: I will never give you a divorce, I will take the Children away, I will leave you without a burden, You have to give me half of what you win, I will sue you for abandoning your home , Contal not see him more than he stays with everything, I will not ask for the divorce if he meets all the expenses, he went to live with any one; Usually every divorce is a pitched battle. In this essay I will disagree with the causes of divorce, which instead of being a solution to coexistence as a couple, presents itself in an obstacle and in cases of human rights violations of one of the spouses.
Análisis normativo y jurisprudencial de la constitución, sustitución y cancelación del patrimonio de familia inembargable
(Universidad Santiago de Cali, 2017) Charry Vargas, José Aquimin; Bolaños Salazar, Edgar; Jaramillo Rojas, Carlos Alberto
The heritage of a nation is composed of all the assets it owns. The assets of a family constitute assets that are inherited from the father or the mother. Therefore, a notion of heritage can be defined as what is ours by inheritance. The law also defines the set of assets, rights and obligations are linked to an economic subject and assigned to a specific purpose. Under the Law on Protection and Advocacy Family Heritage, ie "Family Heritage" involves recognizing the rights of spouses, parents and children who make up the family.
La partición del patrimonio en vida. ¿Una figura jurídica autónoma?
(Universidad Santiago de Cali, 2017) Bonilla Villalobos, Laura Marcela; Fernandez Chavez, Martha Cecilia
The purpose of this academic essay is to analyze the legal concept of partition before the death, within the framework of the Colombian legal system, in order to solve the following research question: ¿Is the partition before the death really a autonomous legal system? In order to clear this question, it is initially addressed the motivation of the legislator for its creation and the process to do this partition. Likewise, we have to reference the most important characteristics, in order to conclude whether its regulation is sufficient and coherent for to constitute a autonomous law figure of the other forms of kind of transfer the property free of charge.
Análisis normativo y jurisprudencial de la evolución de la pérdida y suspensión de la patria potestad en Colombia
(Universidad Santiago de Cali, 2017) Aparicio Marin, Lina Marcela; Gil Moreno, Diana Marcela; Jaramillo Rojas, Carlos Alberto
The concept and exercise of the "PATRIA POTESTAD", has undergone a profound evolution throughout history, succeeding in eliminating from the legislation institutions as harmful as the right to sell life and death ibídem that parents could exercise over children , In the current calendas this legal figure is understood as the set of rights and prerogatives that assist parents to the persons and property of their minor children, understanding that the greatest dynamics has been reached since the last two decades, With the approval by our country of the convention on the rights of the child, which served as a preamble for the creation of family jurisdiction and the Code of Children and Adolescents. This essay will make a normative and jurisprudential analysis of the loss and suspension of parental authority, the requirements to lose parental authority, as well as the importance of knowing who is attributed parental authority, and at the same time establish what So effective is the use of the figures of Suspension and Deprivation of parental authority, and what are the grounds for their deprivation. In addition, the purpose of this essay is to establish the rights and obligations that the law grants parents to those children who are not emancipated or who are disabled.
La exclusión de los tíos del orden hereditario en la legislación colombiana: Un abordaje en clave de casos difíciles
(Universidad Santiago de Cali, 2017) Riascos Alomia, Martha Lucia; Caicedo Riascos, Hermes Ceney; Jaramillos Rojas, Carlos Alberto
¿ what theoretical approach allows focusing attention on the most significant traits of the "unequal" treatment of inheritance legislation between nephews and uncles, favoring a legal and theoretical interpretation consistent with Colombian domestic law and generating recommendations to act in practice Legal basis? The purpose of this essay is to address that question. To do this, the antecedents of hereditary orders are first tackled. Then, Law 29/1982 on equality of inheritance rights between legitimate, extramarital and adoptive children is interpreted. Third, there is a dialogue with the specialized literature and jurisprudence of the Constitutional Court and the Supreme Court of Justice, in relation to hereditary orders; here we introduce the theoretical view of the philosopher Ronald Dworkin in order to provide a critical look at the proposed dialogue.
Omisión legislativa respecto al reconocimiento de derechos de la población LGTBI en Colombia
(Universidad Santiago de Cali, 2017) Betancourt Molina, Claudia Ximena; Calambás Hernandez, Leidy Lizeth; Jaramillo Rojas, Carlos Alberto
Although it is a constitutional obligation of the state, to promote the conditions for equality to be real and effective, taking measures in favor of discriminated groups, and sanctioning the abuses or mistreatment committed against them, the lack of tolerance and understanding for lack of Information to the phenomenon of inclusion and participation of the LGTBI community, make it appear without opportunities for well structured inclusion within a national and local public policy. The jurisprudence of the Constitutional Court, has laid the foundations to consolidate the inclusion Of a normative framework, thus consolidating the postulates of the social and legal state, there is still discrimination from the institutional and social dynamics, expressed in implicit and explicit rejection for reasons of sexual orientation and gender identity, regarding the Constitutional judges has been the only segment of the State that has The fulfillment of national and international legal obligations in relation to the rights of the LGTBI population. The Congress of the Republic has abstained to make any pronouncement regarding the subject, even though it was exhorted by the Constitutional Court in its sentences to legislate, implying that despite the jurisprudential advances as precedents, there is still a hostile and discriminatory attitude Against the people who make up or make up the population of different sexual preferences.
Situación jurídica de padres y padrastros en cuanto a derechos y deberes en Colombia
(Universidad Santiago de Cali, 2017) Velasco Loboa, Mabel Yesenia; Jaramillo Rojas, Carlos Alberto
This work is legally based the need to know the duties and rights of stepchildren, stepfathers and parents in the Colombian today, mention the different aspects in which arise the duties and rights of parents and stepparents. Some definitions of the concept of family from the juridical and from the sociological point of view are exposed, as well as different institutions of Family Law such as family duties, kinship, filiation and marital status, putting in evidence The need for protection of de facto families. It highlights the list of situations in which it is necessary to clarify the duties and rights of stepparents and parents in the Colombian context and outline the reasons why stepchildren, stepparents should be included, following the criteria of the Constitutional Court on The recognition and need for protection of de facto families, taking into account the biological family.
La adopción requisito de idoneidad física en personas con discapacidad en la legislación Colombiana
(Universidad Santiago de Cali, 2017) Salazar Valbuena, Claudia Alejandra; Moreno Viafara, Ferney
Is it the discriminatory requirement of physical suitability of the adoption to form a family of people with disabilities in the Colombian legal system? The requirement of physical suitability on the adoption front people in situation of disability, has been matter of jurisprudential study in reason that people with disabilities have interpreted it as discriminatory, which is studied from the constitutional protection of this special protection group, and their right to form a family. Defines the family, its formation and adoption in Colombia; in conjunction with the law that establishes the requirement of physical suitability in the adoption (Law 1098 / 2006).
Aproximación jurídica a la ablación femenina en el pueblo indígena Embera Chami en Colombia, desde la perspectiva de los derechos humanos
(Universidad Santiago de Cali, 2017) Silva Valencia, Norberto; Arcila Mera, Maryely; Jaramillo Rojas, Carlos Alberto
The objective with the present essay is to achieve an approach, from the point of view of Human Rights, to the subject of the AGF. For this purpose It’s proposed to examine three aspects: 1) It examines the legal and social component in which We are going to present the impact of the AGF on the Embera Chamí indigenous people in Colombia. 2) The gender perspective on an interpretation achieved from the conception of the special indigenous jurisdiction, which seems to obscure the particular rights of women and girls as women and girls, will be highlighted. 3) It is concluded that although the AGF within indigenous communities is part of the tradition and its culture, It is also that from international instances this practice is condemned as an irreparable and irreversible evil in the integrity of women and girls.
Consideraciones en forma al concepto de familia y su importancia para la adopción homosexual en Colombia
(Universidad Santiago de Cali, 2017) Álvarez Bonilla, Luisa Alejandra; Palacios Vergara, Pamela; Jaramillo Rojas, Carlos Alberto
The Colombian Constitutional Court, for more than ten years, has presented in its decisions arguments to better understand the scope of article 42 of the Political Constitution, which deals with the family, especially on the links that allow special recognition and protection of part Of the State. However, despite evidence of a hermeneutic uniformity up to 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 that the homosexual practices of a couple fully assimilate, as far as it may correspond, to the legal consequences that have heterosexual unions that manage to establish a family bond for the responsible commitment and before the dynamics of existence of the love that is Manifest, including opening up to a domestic community of upbringing and solidarity. The Court assumes a new role under the assumption that, being guardian of the Constitution, and in its duty to interpret it, it shows how there should be special protection by the State to the sovereign and responsible decision to form a family by those who practice it homosexuality
La falta de legislación sobre el divorcio unilateral en Colombia vulnera el principio fundamental del libre desarrollo de la personalidad
(Universidad Santiago de Cali, 2017) Zorilla Machado, Gladys; Giraldo Acevedo, Carlos Humberto; Jaramillo Rojas, Carlos Alberto
This essay is carried out on the basis of the Unilateral Divorce, based on the constitutional principle of the free development of the personality and the civil legislation of the freedom of autonomy of the private will. This study has basically taken into account different Judgments of the Constitutional Court in which this issue is considered and the lawsuit filed by Juliana María Moreno, who argued that preventing the unfaithful to seek a divorce, if it so desires, violates their right to free Development of the personality, because the State can not force anyone to maintain a coexistence that no longer wants.. In the same way was taken into account the figure established in countries like Holland, Belgium, Portugal, Mexico, among others and also considered to cite to personages knowledgeable of the subject and an academic entity as it is the University Santo Tomás, that provide their criticism based on the lack of legislation on the unilateral divorce. On the other hand, reference is made to the nine grounds of divorce that currently exist according to the Colombian Civil Code and the change of thought in relation to the protection of the family, since the Unilateral Divorce seeks only to seek solutions for the current society, Simplifying the legal procedures and minimizing the conflict that any contentious process entails.
La victima provocadora del Bullying como consecuencia del desarraigo familiar en el marco jurídico de la Ley 1620 de 2013
(Universidad Santiago de Cali, 2017) López Delgado, María Eugenia; Ramírez Agudelo, Carolina; Jaramillo Rojas, Carlos Alberto
The present essay presents a theoretical investigation on the problem of Bullying or bullying and the place of the parents as generators of these practices within the family, educational and social context, since the birth of a child implies for parents moral responsibilities , Economic and educational, derived from the duty of solidarity and family dependency. Such quality imposes on them the specific legal duty of supervision and education of the minor child, which becomes more relevant to the situation of bullying, since it involves the human dignity and other rights of minors involved (Lopera & Others, 2011, p.1) This essay addresses the assumptions of whether the perpetrator is considered or can be considered a victim of family uprooting, and as the normative framework of Law 1620 of 2013, has the necessary tools for effective control of this type of harmful conduct.
El estado civil de las personas y su soporte probatorio
(Universidad Santiago de Cali, 2018) Mosquera Vasco, Ángela María; Schaffler, Magdalena
Regarding the subject of the habit of the people, it has been a constant use on names, aliases or called a person with a different name from the figurative one in the civil registry of birth. Public or private entities responsible for the registration and handling of data personal have had inconsistencies to prove the kinship, in many cases the person has been named and registered by their parents other than as they are known socially, this has been reflected in the performance of acts mercantile, contracts commercial, transfers of goods subject to registration. In this order of ideas, the present work has the purpose of outlining the subject of the state civil of the persons specifically on the right to the name and the kinship.
Derechos del menor en el ámbito escolar: Su vulnerabilidad y conflicto en el lugar educativo
(Universidad Santiago de Cali, 2018) Mayorga Castañeda, Blanca Dorys; Schaffler, Magdalena
This article presents an analysis of the "Rights of the child in the school setting: their vulnerability and conflict in the educational place", from the subject as identity and the relationship of being subjects of rights. The concepción of the protección of minors and adolescents has had a historial construction from the subject and his life experience. In short, the representation of the conflict and the violation in minors and adolescents has had various representations with respect to identity and representation. The Convention on the Rights of the Child becomes relevant, which focuses on the protection of the rights of the child. Thus, attention to the situation of vulnerability and conflict in a school setting is required as a construction process towards the enjoyment of the rights of minors and adolescents.
El rol del trabajador social al interior de las relaciones interpersonales y patrimoniales que regula el derecho de familia
(Universidad Santiago de Cali, 2018) Pacheco Espinoza, Diana Maritza; Marín Ordoñez, Jennifer Stella
This article posed reflect about the role that performs The Social Work in situations that happen within human relationships and parimonials, which are regulated for family law, where the social worker can perform as a social expert. This article posed reflect about the role that performs The Social Work in situations that happen within human relationships, which are regulated for family law, where the social worker can perform as a social expert. The interest is focused on the fact that through the own knowledge of lawyers and social workers who specialize in the area of family law, there is a work in interdisciplinarity that allows to generate greater alternatives and visions to solve the problems that arise within the juridical relations of the family.
La maternidad subrogada en Colombia, el status quo y la perspectiva a futuro
(Universidad Santiago de Cali, 2018) Maca Pantoja, Bertha Luceny; Schaffler, Magdalena
The advancement of technologies, regarding many issues and in this case maternity has fallen short in legislative matters, it should be taken into account that the Colombian Civil Code is very old, dates from the year 1804, with important modifications, but the fertilization invitro and the discoveries on fertilization are subsequent to its promulgation. This investigation is viable, because the rent of bellies occurs in the country, but is not regulated, when the couple goes to a state entity to receive the child born through this procedure with an adoption process, governed by the rules for such an end Therefore the country is in default to legislate on the matter to avoid in that way that there is a traffic of the human dignity. Also because it is important to study a subject that has a large legal vacuum and in which what is done is to rent the body of a woman, to become a progenitor. It is pertinent to make this study, because there has been a mental shift in society, the changes that have been presented have had to be accepted by the legislation to support them through legal rules and thus obtain benefits. Currently there is only one legal pronouncement in this regard and it is the T-968 guardianship sentence of 2009, in which the Constitutional Court ruled in favor of a Valle del Cauca woman who rented her belly to a Colombian couple living abroad and when had the son did not want to deliver, the Court relied on Article 42 above stipulates "children born during the marriage or outside it, adopted or procreated natural or with scientific assistance, have equal duties and rights." In the case of the woman who lends her belly and her ovum there is no doubt that she is the mother and when she gives it, a problem arises because there is no mother's identity, since she is the mother according to the Colombian Constitution, in that case she I would share the quality of a mother with a father who has a marriage or an affective relationship with another person. Also because in the country, this can become a business of incalculable dimensions, and negotiation with the human person would be given, a topic that is very delicate. Regarding the methodology, the research had a legal focus, in which surrogacy was analyzed. The type of research was documentary, of an explanatory nature.

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