The recognition of rights to same-sex couples: the path towards a pluralistic concept of family

This paper presents the final results of the research project undertaken in 2010 and 2011 by the legal research group “Filius”, affiliated with Corporación Universitaria Empresarial Alexander von Humboldt of Armenia, (Quindío). The project’s general objective is “to establish the concept of family used by the Colombian legal system based on the judgments of the Constitutional Court granting rights to same-sex couples”. To this end, a line of jurisprudence was developed from the Court’s rulings that discussed the rights of same-sex couples, concluding that despite the great progress made in Colombia on the recognition of rights to these couples following Decision C-075/2007, in all these judgments the Court had always refused to recognize their family status, and it was not until 2011, in Decision C-577, that the Court accepted that same-sex couples constitute a family, thereby dramatically changing the constitutional doctrine that had maintained the criteria of heterosexuality as defining family.

A Grey Area of Rights and Knowledge: Displacement in Colombia, South-South Migration and Health Equity

Globalization and liberalization of the economies have produced among others drastic effects on the human mobility, generating confusion, enhancing discrimination and a lack of respect to the rights of several migrant collectives. In this article we analyse several challenges for the study of these phenomena, based on the case of the neglected health rights of Colombian women, who have been forced to displace by the country's internal conflict, and are thus pushed to cross the border to Ecuador. The article identifies several knowledge gaps that could allow and advance a better understanding of these critical subjects. The paper - a think piece -is based upon a general review of documents and studies on the relation between migration and health. The supporting theory on the research comes from international organisations such as the WHO and IOM, NGOs, grass-roots organisations and academic research. This paper shows the need for focusing on the reality of supra states which globalization has generated, and t e urgency of securing the access to essential health preconditions to migrant populations. These issues can no longer be neglected and should be included on agendas at international level, widening the approach of programs to the displaced/immigrant population by taking into account the need to ensure the essential health preconditions (equity), prevention, and protection. Further, it is clear that women and children require a better protection with enhanced prevention and responding measures to sexual abuse, stigmatisation, violence and the respect of their rights.

Some elements for the construction of a definition of human rights

This article seeks to demystify the foundations of rights. It looks at the search for some systemic differentiation. It emphasizes effectiveness, legitimacy, the importance of convention and of political participation as common elements of the different theoretical approaches to human rights. By analysing these elements it is possible to build the term “human rights” as a concept capable of being measured accurately by studying the effectiveness of legal rules as applied to human rights in specific contexts.

Protection of Urban Lands: Advances in Medellin’s Public Policy

The problem of land ownership protection in this country is an issue that must be faced by those who have as part of their responsibilities the recognition, the restitution and the reparation of victims of forced displacement. One of the points that must be analyzed is the protection of ownership of urban lands, a subject falling under municipal responsibility. The development of a public policy by the City of Medellín for the protection of such lands is a significant advance for the creation of protocols and for the return of rights to those who have adandoned their lands because of violence or who have been divested of their homes in urban areas.

Constitutional judges (guarantee of the Constitution and responsibility)

My aim in this paper is to propose a reflection on the position and the importance that the constitutional judge has in the legal systems of contemporary constitutionalism. The figure of the judge responsible of protecting the Constitution is a key institution, without which we cannot understand the laws of constitutional democracies, their current lines of development, and the guarantee of rights and freedoms that constitute the normative core of these systems. Moreover, the reflection on the exercise of the powers of the judge, its scope and its justification is an important part of contemporary legal discussion, still relevant, albeit not exclusively - in the field of legal philosophy. The object of attention of my reflection is the judge who has the power of judicial review, in a scheme of defense of the Constitution, regardless the specific ways of this defense.

Diplomacia deportiva en Colombia: una estrategia de política exterior para evitar el reclutamiento infantil

En el presente estudio de caso, se busca exponer de qué manera la Diplomacia Deportiva en Colombia ha sido utilizada como una estrategia para cumplir los objetivos de Política Exterior y cambiar la percepción que se tiene del mismo, encaminando la investigación en el problema del reclutamiento infantil en el marco del conflicto armado. Para realizarlo, se utiliza la Diplomacia Deportiva como estrategia de poder blando, que pretende influir positivamente en la imagen que se tiene del país en el exterior, mientras se combate el flagelo interno del reclutamiento infantil.