Especialización en Derecho de Familia

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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
Fallas del instituto colombiano de bienestar familiar frente a la apertura de los procesos de restablecimiento de derechos de los niños, niñas y adolescentes
(Universidad Santiago de Cali, 2020) Galeano Henao, Ingrid Marielly; Perea Bonilla, Hernel Jhuleicer
Los hijos de crianza: Un asunto de filiación
(Universidad Santiago de Cali, 2020) Girón Muñoz, Neil Alexander; Perea Bonilla, Hernel Jhuleicer
The family, from the 1991 Political Constitution, acquired a relevant seat; very different from the one in the Constitution that preceded it.So in article 42 it is described as: “The family is the fundamental nucleus of society. It is constituted by natural or legal ties, by the free decision of a man and a woman to marry or by the responsible will to form it. “ Thus, through the Constitution, the State consecrated two basic principles to the family: A) The family as the fundamental nucleus of society; and B) That it is the responsibility of the State and the Society to guarantee comprehensive protection. The Constitution then establishes that the family can be constituted in a way: Natural or Legal. This means that, if the family is legal, it is legitimated through marriage, admits the de facto marital union and also regulates adoption. Therefore, the family in general is protected no matter how it arose. The Constitution also provides for several principles, among which the equality of the “children” is reaffirmed regardless of whether they are taken in or outside of marriage, adopted or procreated naturally or with scientific assistance, and for this the State has created all an institution of norms directed to the integral protection of the family as a basic institution of society, as norms tending to protect the rights of children; protection and comprehensive training of adolescents, defines the civil status of the people and the consequent rights and duties, the marriage regime, the patrimonial regime of the spouses, the inheritance law, the hereditary vocation, among others. However, through the legal route that is made in the civil legislation, family, code of childhood and adolescence, we will observe that the concept of affiliation to the “foster child” does not contain it; in such a way that the discussion continues on the table if they have the same rights and obligations as the legitimate, extramarital and adoptive ones. Dispute that is not current, but that this debate began with a lawsuit of unconstitutionality that was promoted by the citizen Brayan Steven Ariza Hernández (expediente D-12340) against article 1045 (partial) of the Civil Code, which, according to it, the expression “children” contained in the accused norm is unconstitutional because it excludes foster children from the first order of succession, giving rise to the violation of articles 1, 13 , 42 and 95 of the Political Constitution of Colombia. To substantiate his position, he pointed out that the concept of family has been extended to foster children and that leaving them outside the first order of succession generates openly discriminatory treatment. He affirmed that the legislator in use of his power of legislative configuration committed an omission by not expressly including in the first hereditary order the foster children, whose filial bond stems from the love, respect and solidarity they have for their parents. Discussion that has not ended, forcing then to have to go to different legal actions such as guardianship to achieve the recognition of some rights as we will see later.
Adopción de menores en parejas Homoparentales
(Universidad Santiago de Cali, 2020) Muñoz Romero, Diany María; Perea Bonilla, Hernel Jhuleicer
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
Libre desarrollo de la personalidad de los niños, niñas y adolescentes en Colombia
(Universidad Santiago de Cali, 2020) Vargas Martínez, Diana Patricia; Perea Bonilla, Hernel Jhuleicer
¿Qué garantías existen en la apertura del proceso penal por el delito de inasistencia alimentaria a los hijos para lograr el cumplimiento del deudor?
(Universidad Santiago de Cali, 2019) Tello García, Maricel; Perea Bonilla, Hernel Jhuleicer
All persons have the right to receive aliments, from the moment of their be born, they are creditor of this right by their parents and close relatives. The aliments are a set of goods to which certain people are entitled, among them we can specify the son, these are made up componen of education, recreation, health, housing, maintenance, etc. The sons are called to request them when necessary requirements that go according to the capacity and the need of the person; aliments are divided icongruos and necessary, the aliments can also be voluntary or legal. All persons refer to article 411 of the Civil Code are creditors of aliments, provided they meet the burden that corresponds to which them or is imposed by law. When the person obliged to pass it on to another aliments is does not from doing so with intent or guilt, there is in criminal law a typical and unlawful conduct that is called food absence enshrined in article 233 of the Criminal Code. Jurisprudence and doctrine have developed the components of the crime of aliments absenc alements in order to give clarity to the issue of guilt of conduct, not always those who escape from the food obligation must be deprived of liberty, for this they must comply minimum legal requirements established.
La familia un vínculo tras las rejas
(Universidad Santiago de Cali, 2020) Gómez Cruz, Cecilia Eugenia; Perea Bonilla, Hernel Jhuleicer
La mascotas, vínculos y sujeto de derechos en la familia
(Universidad Santiago de Cali, 2020) Alfaro Guzmán, Alexandra Constanza; Perea Bonilla, Hernel Jhuleicer
Revocabilidad excepcional de la adopción
(Universidad Santiago de Cali, 2019) Riascos Riascos, Honoris; Perea Bonilla, Hernel Jhuleicer
This article seeks to investigate and make an approximation to the evidence that supports the irrevocability of an adoption, which is the irrevocable nature of the adoption, which is the possibility of the revocability of the action, the cases in which it applies, that is to say in what cases it is necessary to revoke the adoption in order to guarantee that the fundamental rights are not violated to minors. It is important to effectively follow up or control the parents who adopt a child, in order to ensure that their fundamental rights are not violated after their adoption
Violencia de género en el marco del conflicto armado
(Universidad Santiago Cali, 2019) Candelo Hernández, Marien Lisseth
The present article showcases an investigative work in which gender violence is approached within the armed conflict context. The starting point for this article was a bibliographic exploration at a national and international level with the purpose of defining what is understood as gender violence , and how it is seen within the armed conflict in Colombia and what are its prime characteristics. Gender violence in the context of armed conflict has been a topic of discussion on the country’s public agenda, especially when integral care for the victims of the armed conflict in Colombia is discussed. This can be understood as physical, psychological, moral and property attacks by members of legal and illegal armed groups against a person on the basis of their sex and sexual identity.
El límite a la materialización del derecho a tener una familia dentro del proceso de adopción en Colombia
(Universidad Santiago de Cali, 2020) Jaramillo Torres, Linda; Schaffler, Magdalena
This research work seeks to determine what are the limits on the materialization of the right to family that childrens have in Colombia in response to the adoption procedure determined by Law 1098 of 2006 and the provisions of reports of the Instituto Colombiano de Bienestar Familiar, considering children and adolescents as subjects of special protection by the Colombian State, and recognizing the best interest of the children for the safeguarding of their fundamental rights
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.
Violencia de género en el marco del conflicto armado
(Universidad Santiago de Cali, 2019) Candelo Hernandez, Marien Lisseth; Schaffler, Magdalena
The present article showcases an investigative work in which gender violence is approached within the armed conflict context. The starting point for this article was a bibliographic exploration at a national and international level with the purpose of defining what is understood as gender violence , and how it is seen within the armed conflict in Colombia and what are its prime characteristics. Gender violence in the context of armed conflict has been a topic of discussion on the country’s public agenda, especially when integral care for the victims of the armed conflict in Colombia is discussed. This can be understood as physical, psychological, moral and property attacks by members of legal and illegal armed groups against a person on the basis of their sex and sexual identity.
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.
La relación de sinergia entre la ley 1620 de 2013 en el proceso administrativo de restablecimiento de derechos de la ley 1098 de 2006.
(Universidad Santiago de Cali, 2019) Arboleda Franco, Jorge Ivan; Perea Bonilla,Hernel Jhuleicer
Law 1098 of 2006 incorporated into the Colombian legislation the Administrative Process of Restoration of Rights as a mechanism of attention for the guarantee of the rights of Children, Girls and Adolescents who are victims of any form of violence or abandonment; Then, given the growing boom in situations of school violence, Law 1620 of 2013 was issued in order to create guidelines for prevention, promotion and care in cases where students Sexual and Reproductive Human Rights are violated and It divided through its Regulatory Decree 1965 of 2013 that was subsequently subrogated by Decree 1075 of 2015, in three types, being the type III situations the most risky in terms of this type of violations, which is why this article intends to find the relationship of synergy in the aforementioned norms and proposes an alternative that could be constituted in public policy so that the attention of the Children, Adolescents and victims of school violence receive a timely attention and protection of their rights and that a true restoration of its conditions.
Familias con hijos de crianza y sus garantías en el ordenamiento jurídico Colombiano
(Universidad Santiago de Cali, 2019) Lozano Agudelo, Jennifer; Perea Bonilla,Hernel Jhuleicer
The Family is the essential core of Colombian society and it must be protected by the Colombia state. Given the above, the next research paper has the objective of reviewing the legal protection of the foster family as well as of foster childen under the Colombian law based on the Political Constitution of 1991 and the orders related to protection and warranties of foster children and their families issued by the high Courts. Rights such as Human Dignity, Equality, best interest of children and adolescents, Economic and Social Solidarity and the Material Justice, which lies in the notion of Social State of Law adopted by our Constitution since 1991, are the main concepts that will take us to conclude that our society needs the prevalence of the Principle of Reality over Formalities.
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.
El rol participativo del niño, niña y adolescente dentro de la esfera institucional para su protección
(Universidad Santiago de Cali, 2019) Díaz Mosquera, Liliana Patricia; Perea Bonilla,Hernel Jhuleicer
This article intends to demonstrate, from a legal and conceptual perspective, the participatory role of children and adolescents in administrative and institutional processes, as subjects of rights, governed in all judicial proceedings by the principle of Best Interest of the Child, which guarantees the special and differential treatment before public and private entities. For this purpose, a bibliographic and jurisprudential review was carried out based on academic and legal databases. The results reveal that child participation is more relevant and practiced in the Colombian context, since the formation of the Political Constitution of 1991 and the Childhood and Adolescence code.
Marco jurídico de la filiación en Colombia
(Universidad Santiago de Cali, 2019) Gutiérrez Sandoval, Luis Carlos; Perea Bonilla,Hernel Jhuleicer

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