Facultad de Derecho
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Browsing Facultad de Derecho by Subject "Abuso sexual"
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Item Aplicación de justicia propia en casos de abuso sexual en las semillas de vida de la comunidad indígena Nasa de Toribio Cauca(Universidad Santiago de Cali, 2018) Secue Vitonco, María del Pilar; Schaffler, MagdalenaThrough this research an approach is made about the special indigenous jurisdiction in Colombia and the competences that the State has given them to exercise competitiveness in their context. Making a proximity from the application of self-justice framed in the proper law. A proximity related to the conceptualization of sexual abuse from the Nasa worldview, qualifying this concept with other authors who report on child sexual abuse and focusing on the protection mechanisms of children and adolescents in the community to guarantee the interest superior of the minor. And the actions of application of own justice, governed by the constitution, norms, sentences and the convention of the rights of the child, mandates of the indigenous Nasa people in the protection of life and the free development of children and adolescents.Item Proceso penal para la regulación del delito por violencia sexual contra menores: Una visión desde el derecho comparado(Universidad Santiago de Cali, 2018) Burbano Díaz, Raúl Andrey; Morales Carpio, Einarco JoseThe official statistical figures in Latin American nations are increasing considerably in recent years, with respect to the commission of the crime of violence and sexual abuse of children and adolescents. Among these countries are: Colombia, Argentina and Peru, territories where the results are higher for cases in which the victim is a woman and with greater prevalence in those with ages between 0 and 17 years. Taking into account the above, the objective of this essay is to describe relevant aspects of the criminal process for the crime of sexual abuse against children under 14 years old, by means of the comparative law method; from Colombia, Argentina and Peru. It is concluded that the ordinary process in these countries has similarities with respect to the different phases that integrate them; However, regarding the crime studied, it was found that Peru and Argentina contemplate the possibility of establishing a life sentence as a sentence for this infraction, which does not happen with Colombia. In addition, it was identified that in some provinces of Argentina they have implemented new criminal mechanisms, such as chemical castration.