vol. 17 núm. 21 (2015)

This article is a deliberation using descriptive research methodology to study the constitutional block as part of the historic and jurisprudential context in Colombia, as a regulatory integrating tool for hermeneutic purposes for resolution inharmony with the axioms included in our country’s legal-political system, for strengthening justice and legal security as an identifying link of the parties associated with the Justice Administration, and reviewing its implicit signifiance as part of tutela (injunctive action) proceedings against judicial rulings and nullifcation for the reestablishment of law in order to form the bases for establishing the “de facto civil servant”. Ths leads to the question of whether the fiure of the “de facto civil servant” is applicable when an individual fulfils the requirements in terms of remuneration, adherence to a work schedule and the provision of personal service in a subordinate manner, without that service provider having specifially determined or regulated legal duties at the public agency.

The economic situation in certain regions of Colombia encourages child labor to support the family productive chain. Most studies that have been made present the statistics found at the urban level, so that the rural situation is lef out of indicators in that respect. However, one particular study undertaken in a rural community in Santander (Colombia) showed that child labor performed by children and young people is having an effct on school performance and dropout rates throughout life. Based on the results of this study, strategies were designed to minimize the effcts of child labor. As a result, initiatives are presented that could be made available to the academic community and society in order to mitigate negative impacts stemming from child labor. Additionally, the need for academia to make adjustments in curricula through the incorporation of new pedagogical strategies using learning based on problems, collaborative work and the creation of open programs and learning at a distance is proposed. Sensitization workshops are also proposed for society.

The right to free development of the personality has its origins in the Universal Declaration of Human Rights and is enshrined in Article 16 of the National Constitution as a fundamental right that affcts other rights because of the strength of its content. It has also been raised to the category of a principle by the Constitutional Court based on this argument. Given the importance of this precedent, this article aims to randomly review certain manuals for coexistence in the municipality of Piedecuesta (Santander Department), analyzing provisions that are in violation of the Constitution. The Constitutional Court has reiterated that student regulations or manuals for coexistence must be in accordance with the framework of the National Constitution and international treaties, in order to ensure respect for human rights. If they are not in accordance, they must be modifid and adjusted according to constitutional principles. Here the tutela, or injunctive action, plays an important role as a mechanism for constitutional protection that makes it possible to safeguard the right to free development of the personality and, if necessary and required, empowers the tutela judge to order modifiation of the manual for coexistence.

Ths article analyzes the informative strategies deployed by the mass media in diffrent contexts of armed conflct. In this scenario, it is relevant to analyze that, inversely to the defiition of journalism as an impartial and objective discipline, there is a contradiction associated with the inflence of the dynamics of power on the “news” in a situation of war. In this regard, there are certain examples that accurately reflct this panorama, including the tactic of Nazi propaganda implemented during the Second World War, instantly transmitted information that characterized the wars waged by the United States in Afghanistan and Iraq, and fially, the journalistic approach to false positives and the protests against the farc-ep in Colombia in 2008. Based on these cases, it is argued that the role of media information is essential when fihting a war, whether to win a battle, obtain popular support or create collective imaginations minimizing the social and political inflence of events. At the same time, it is evident that reports on conflcts disseminated through the mass media are associated with the current political project

Ths article aims to analyze the crisis in human rights, framed within the national and regional contexts, as a source of concern for academia. Because of its role in society, academia has the duty and obligation to contribute towards scientifi knowledge based on its research work in response to social needs while helping to solve problems in the country. In this sense and in the framework of this research, an organic and theoretical structure is proposed for a human rights observatory at the Law Faculty of the Bucaramanga campus of the Universidad Cooperativa de Colombia. Ths would be an indispensable research instrument, not only to help train students in the ability for critical, reflxive and free thought, but also to contribute necessary scientifi knowledge to ascertain the social reality and provide solutions for the problems in Colombia in the fild of human rights. A qualitative conception has served as the basis for the interpretive method. Concerned about occurrences in the country and focusing on research into events in their natural context, we have based this work on a qualitative conception in carrying out the research.

Ths text aims to show that there is a gap between fraternity in its utopian (ideal) sense and its practical (real) sense. Th utopian sense is customarily used as the basis for the practical sense and can discursively be manipulated for any practical purpose, even against human rights. We call this the “ideological discourse of fraternity”. We explain that fraternity exists dialectically and is defied rhetorically like other phenomena. Th dialectic explains fraternity based on the idea of “fraternal openness”, and a special phenomenon that acts in the mutual recognition between individuals and in the resignifiation of otherness. We then present themain thesis: the inclusion of fraternity as a legal element that can help to prevent the ideological discourse of law itself (when this is turned against fundamental rights) and serve as a barrier of containment for the ideological discourse of moral fraternity, even though there is always the risk that this may be used to deepen the gap between utopia and practice, by becoming a legal mechanism for social oppression

The prolonged internal armed conflct that afflts Colombia has its own particular haracteristics, which make ending it a complex process. Situations such as massacres, forced displacement, homicides, sexual violence, forced disappearances, extrajudicial executions and torture, along with the multiplicity of actors, impunity in criminal trials, inefficy of the state apparatus and lack of guarantees for protection of the victims have repeatedly given rise to condemnation by the Inter-American System. Ths has led the Colombian State to implement a legal and regulatory framework with effctive tools of transitional justice in order to address these serious human rights violations. Th government has thus understood that such a transition can only be achieved by building a solid legal framework in which all parties to the conflct would benefi, without of course forgetting those most affcted by this diffilt process, namely the victims.