Especialización en Derecho de Familia

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La adopción como medida de protección para salvaguardar el derecho a los niños, niñas y adolescentes a tener una familia en Colombia
(Universidad Santiago de Cali, 2018) Villafañe Soto, Viviana Andrea; Schaffler, Magdalena
This research work develops a study of the concept of adoption as an integral measure to guarantee the constitutional right of minors to have a family and not to be separated from it, a study that is based on the recognition of children they make International Organizations such as the Organization of the United Nations and the Organization of American States, in the International and American Conventions on the Rights of the Child, and in turn the recognition of that right in the Colombian legal system and in the Jurisprudence of the Constitutional Court as a right and primacy of children and adolescents to grow up in an atmosphere and environment of tranquility, understanding and emotional bonds that guarantee the complete development of them.
Adopción de menores en parejas Homoparentales
(Universidad Santiago de Cali, 2020) Muñoz Romero, Diany María; Perea Bonilla, Hernel Jhuleicer
Adopción de parejas homosexuales. Un avance de la jurisprudencia constitucional colombiana a partir del garantismo de Luigi Ferrajoli
(Universidad Santiago de Cali, 2018) Mina Zapata, Alexander; Schaffler, Magdalena
This essay examines two sentences of protection issued by the Constitutional Court in which the existing paradigms face the possibility of the adoption of children and adolescents by same-sex couples in the Colombian context. On the one hand the sentence T-276 of 2012, the adoption is granted to a foreign citizen of two younger brothers who got frustrated at the last minute, due to the sexual condition of the adopter, thus the Colombian Family Welfare Institute (ICBF) ), informs the American embassy in Colombia that it does not allow minors to leave the country; The second sentence is the SU-617 of 2014, analyzes the case about two biological mothers who maintain a sentimental relationship, and one of them decides to initiate the process of adoption of the son of his partner. The Constitutional Court, when carrying out the legal and sociological analysis of the cases in question, makes decisions in which it grants the protected right; However, despite the victory of the guardian there are aspects that can be crit icized by the Constitutional Court, because it omits the discussion on discrimination of the guardianship actors, when it was openly a matter of gender discrimination.
La adopción en Colombia como medida de protección, frente a una nueva familia y la sociedad
(Universidad Santiago de Cali, 2019) Batero García, Vivian Julieth; Schaffler, Magdalena
Adoption as a topic concerning family law and of Children and Adolescents has been constitutionalized in Colombia and internationally, which is why this work contemplates new orientations and focuses on laws, principles and values taken into account in our constitution, in addition to the approaches that relate to this topic. The characteristics presented in this paper were carried out in an easy to understand form in a theoretical and practical way, which makes it useful for the student, lawyers and the reader, taking into account that it presents a general approach and jurisprudence on the subject of Adoption as a factor of family law in Colombia, opening ways to understand what is the adoption for the law, childhood and adolescence and as the essential mechanisms to adopt and respect the fundamental rights of the child and his family when he has carried out a process of restoration of rights.
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).
La adopción se convierte en una salida para la madre que no quiere asumir la labor de crianza del menor y la aleja del punible de abandono
(Universidad Santiago de Cali, 2018) Cortes Antero, Ledi Jhovana; Jaramillo García, Gustavo Adolfo
The purpose of this text is to investigate the issue of the legal act of adoption as a way out for the mother who does not want to assume the task of raising the child, and how this behavior manages to move her away from the punish- ment of abandonment, indicating that many see adoption as a way through which a child is being given away; in order to determine how adoption is an alternative through which a child or adolescent can find better life chances in a family that has no inbreeding link. It is intended with this study, that the legal act of adoption is understood as a different way of accessing motherhood and paternity where a relationship of filiation is constituted symbolically that has the same transcendence in biological reproduction and that is intended to provide the restoration of the rights of children and adolescents without the woman suffering the social stigma because she is not a foster mother
Alcances de los nuevos conceptos de familia y violencia intrafamiliar
(Universidad Santiago de Cali, 2019) Sánchez Gaviria, Juan José; Schaffler Magdalena
This article is based on the analysis of the jurisprudence of the Constitutional Court and the Supreme Court of justice on the new concepts of family and the applicability of intrafamily violence, which the High Courts do, respectively. In this sense, it is appropriate to explain the development of the concept of family in Colombia, starting with a theoretical review about it, which has not been peaceful, because there are divergences in the applicability and scope of this notion. Likewise, the different types of family and intrafamily violence are reviewed from what is outlined in article 42 of the Political Constitution and the way in which the Constitutional Court, through sentences of cassation and guardianship, transcends the restricted concept of family to a broader one, in which legally it is feasible to frame the crime of intrafamily violence, since in these social or legal typologies, what prevails is harmony and common well-being. In this way, it can be anticipated that the offense of intrafamily violence is applicable to all types of families, provided that such conduct is harmful to the family unit, after assessing the facts and their consequences for peaceful coexistence.
Alternativas de protección a la unidad familiar y al interés superior de los menores hijos de mujeres privadas de la libertad
(Universidad Santiago de Cali, 2018) Moreno Moreno, Diana Cerfia; Marín Ordoñez, Jennifer Stella
One of the main preoccupations of the Colombian political constitution of 1991 was the childhood, which is quite notorious, since the mentioned one informs several provisions that establish the rights of the minors of and the special protection that the state and Society must provide. This article will expose two forms of protection that the colombian state provides for children to be born free and have a family and not be separated from it for unborn children or children under 3 years old children of women Deprived of freedom.
Análisis de la aplicabilidad de las medidas de protección contempladas en el artículo 17 de la Ley 1257 de 2008, en casos de violencia intrafamiliar en contra de la mujer.
(Universidad Santiago de Cali, 2019) Marín Rodríguez, Eilleen Ashlery; Perea Bonilla,Hernel Jhuleicer
The main objective of this article is an analysis of the applicability of the protection measures established in article 17 of Law 1257 of 2008. For this, a bibliographic review was carried out on the subject of study, based on three argumentation criteria. First, a reflection on the concept of violence against women; secondly, a conceptualization of domestic violence and finally an analysis of the scope and limitations of the applicability of protection measures. Finding that Law 1257 of 2008 guarantees the integral protection of women in cases of domestic violence; However, the practical exercise of protection measures has limitations in their execution due to structural and organizational failures of the responsible entities.
Análisis de la discapacidad mental como límite del derecho a la reproducción sexual
(Universidad Santiago de Cali, 2018) Arévalo Serna, Lizeth
The right to sexual reproduction of a person with disabilities should not be violated just because of the fact of having such a disability, it requires a deeper analysis of their condition. Concerning this object we need to resolve the following question: In what content the replacement of the autonomy of the will of people with mental disabilities violates the rights have a family, sexual and reproductive autonomy? This leads to an analysis of mental disability as the limit of the right of sexual reproduction.
Análisis de la sentencia 12085 de 2018
(Universidad Santiago de Cali, 2019) Castaño Bedoya, Ana Cristina; Schaffler, Magdalena
The custody of the children is of the utmost importance, because the children and adolescents have the right to grow up in the middle of a family where no rights are violated and their parents assume their custody in a responsible manner. Thanks to Sentence 12085 of 2018 of the Supreme Court of Justice, as a main piece, it was possible to expose the magnitude that could be shared custody in Colombia, taking into account that in other countries it works successfully, giving a light of hope for the regulation of this type of custody in the country.
Análisis de las medidas jurídicas de protección establecidas en el lineamiento técnico administrativo de ruta de actuaciones para el restablecimiento de derechos de los niños, niñas y adolescentes del Instituto Colombiano de Bienestar Familiar
(Universidad Santiago de Cali, 2018) Cubides Díaz, Lorena Indira; Bustamante, Diana
Análisis de las sanciones legales impuestas frente a los fines restaurativos e inclusivos del sistema de responsabilidad penal para adolescentes en la comisaria de familia de Florida
(Universidad Santiago de Cali, 2018) Oviedo Getial, María Dalila; Jaramillo García, Gustavo Adolfo
Análisis de mecanismos y procedimientos judiciales existentes en Colombia para hacer exigibles el cumplimiento de las obligaciones de cuotas de alimentos en el exterior
(Universidad Santiago de Cali, 2018) Vélez Suarez, Carlos Mauricio; Schaffler, Magdalena
In this article an analysis of mechanisms and judicial procedures existing in Colombia is made to make enforceable the fulfilment of obligations of food abroad, characterizing them and knowing the principles of international law accepted by Colombia as an essential part of the process abroad and the materialization of this right; is designated, in addition, the procedures and competent institutions in Colombian law for claims or procedures abroad and regulations existing so the recipient is notified and attend judicial podiums to the authority that the required. A brief analysis of the international rules on the subject, is what kind of recognition has been given to the payment of contributions of food when responsible for such credit, is on the outside and know what will be the penalties when not is does not comply with this obligation. Recognizes the problems that currently exist with regard to this obligation, noting with great concern that every day it violates this law and increases the vulnerability of minors, not only for Colombian parents who live in the interior of the country, but that living abroad who have ignored this obligation and that, in many cases, unfortunately despite the multiple judgments by the Constitutional Court on the issue in question, there is evidence that many times as much responsible institutions of address these cases, judicial operators, have not been really effective, in order to ensure, protect and enforce the rights of children and adolescents (in later NNA), in terms of aliment, either by ignorance, lack of disclosure or promulgation of mechanisms and procedures to demand, resulting in little or no application of tool offered by the law in the matter.
Análisis jurisprudencial del derecho a la porción conyugal, los alimentos y la vocación hereditaria para los compañeros permanentes y parejas del mismo sexo
(Universidad Santiago de Cali, 2019) Cerón Agredo, Víctor Andrés; Jaramillo Garcia, Gustavo Adolfo
The conjugal portion is a fraction of the estate of the deceased that the norms fix to the surviving spouse who does not possess what is necessary for their congrua subsistence. Being clear that the conjugal portion does not have the property, inheritance, donation or legacy, but corresponds to income or property belonging to the estate of the dead spouse that by law must be transferred to the surviving spouse to ensure their survival. In relation to the nature of the food obligation, the Constitutional Court has stated that the food obligation is an economic benefit of a civil nature that, by virtue of the principle of solidarity that governs relations between individuals, is between two natural persons. Regarding the hereditary vocation of the surviving companion in de facto unions made up of heterosexuals and same-sex couples, the Constitutional Court has stated that although the bond originated in the marriage and the one that arises from the marital union in fact are not equal , has also recognized that there is no constitutionally worthy reason that prevents extended to permanent partners certain rights or certain guarantees or obligations previously recognized by the legislator to the couple united through the marriage bond. Likewise, the Constitutional Court has provided protection to same-sex couples and has done so primarily on the basis of the rights, guarantees and obligations previously recognized by heterosexual couples who live together in a de facto union.
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.
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.
Análisis sobre la posible aplicación del divorcio sin causa en Colombia
(Universidad Santiago de Cali, 2018) Restrepo Valencia, Andrés Felipe; Schaffler, Magdalena
Marriage is the union of two people who have decided to lead a life in common, acquiring with this will, rights and obligations between couples, but when the marriage is over the power to institute the divorce remains. Divorce is invoked when there is no common agreement by the innocent spouse limited the free development of the personality of the guilty, a position of Colombian law and jurisprudence which strengthens the family as an institution that prevails over other rights. The divorce without cause is the way in which the will of the parties in ending the marriage bond can be respected, but for the Constitutional Court the contracting parties accept the marriage contract, to which they concur voluntarily, they also accept the clauses of the they derive restrictions for their autonomy, and this includes those related to the mechanisms that exist to dissolve it.
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, Magdalena
Through 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.
Aplicación retroactiva de la Constitución de 1991 para amparar el derecho fundamental a la pensión de sobrevivientes
(Universidad Santiago de Cali, 2020) Lozano García, Ramiro; Perea Bonilla, Hernel Jhuleicer

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