Land Restitution and Prevention of Forced Displacement in Colombia

The armed conflict in Colombia, which has generated over three million internally displaced persons, has dramatic humanitarian consequences and raises serious issues regarding the protection of displaced peoples’ rights. The underlying reasons for the displacement often lie in the dynamics associated with territorial control and land seizures undertaken for strategic, military or purely economic purposes. Domestic and international legal provisions have established the victims’ right to the restitution of their homes and property as the “preferred remedy” in cases of displacement. However, policies dealing with displacement, both those of the Colombian government and of several international institutions, fail to take this sufficiently into account. A comprehensive reparation policy for victims must necessarily entail the reversion of lands, territories and goods seized in Colombia under the pretext of the internal armed conflict.

Freedom of contract and the coexistence of trademark registrations in Colombia

In trademark systems such as the Andean Community, a state authority verifiesthat the marks are distinctive, lawful and do not affect third parties, and after that,given their ownership. In this context, particular interest has sparked the possibilityof individuals by agreements or statements of co-existence, are who ensure that theirsigns meet the conditions for simultaneous registrations.Such agreements for the coexistence of marks are problematic if one thinks thatthe holders of interests that would be available also seem to matter to consumers,competitors and the market. Therefore, define the scope of contractual freedom inthe field of trademark law, whose rules are considered imperative, acquire practicaland theoretical importance because its realization i) recognizes the risks that maybe relevant to evaluating trade agreements and ii) contributes to debates on the roleof private autonomy in areas reserved for non-derogable norms. Thus, this researchputs the declarations of consent for the coexistence of registrations in Colombia, ina larger scope of the limits of freedom of contract.

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.

A sociological view of family law in Colombia. Radicalism-1945

This paper affirms that the economic and political failure of the Radical Period provided opportunities for those who proposed Regeneration as a means of defending authority. Family law became an important tool in that process. During the period studied by this article, the equality clause remained in Colombian constitutions without any practical affect for the majority of the people. Discrimination was imposed through family law over those who had born outside of a Catholic marriage and/or had not previously legitimized their union through a Catholic ceremony. By the middle of the 20th century, the dramatic situation of the nation’s children led to efforts to change the social prejudices through legislation, that is, in the same way the prejudices had been imposed.

The Bureaucratic Impact of the mobilization for Land. Lessons from the Liberal Republic

The State-building process must be understood through the study of the agencies in charge of each of its regulatory functions. One such function is the regulation of property rights. During the Liberal Republic, as a reaction to the massive mobilization,new tools to better regulate property rights were promoted: colonization, parceling, the award of public lands and, at the end, a new legal framework. In spite of its purposes, they faced and failed to solve the challenges every organization experiences when growing: resource scarcity, controlling its agents, and keeping technical simplicity.

Experiences, sensations and demands of citizen (in)security: recent complex configurations in Argentina

Over the last decades the issue of insecurity due to an increase in crime rates and its possible impact on the stability of Latin American democracies has sparked an ongoing debate. In this context, the present article studies, for the case of Argentina, how experiences and sensations of insecurity may be articulated to demands for greater punitive rigor. The analysis is based on two types of information. Initially, data from international surveys such as Latinoabarometer are considered. Then, these are compared to data from prolonged on-site observations in a poor neighborhood of a mid-sized Argentine city. The combination of these different types of data shows the complexity of the process. Contrary to what is often assumed, experiences and sensations of insecurity do not lineally lead to demands for greater punitive rigor. The way in which social actors elaborate their experiences of insecurity is highly situational and not systematic. We have found that there is not necessarily a consistent process of ‘meaning construction’ that articulates experiences and sensations of insecurity with political demands.

Italian citizenship and the descendants of Italian citizens emigrated in Colombia. Removing a social injustice

Law is often the source of social discriminations, but, at the same time, it can be thekey to delete these social discriminations. The authors try to give an example of thisphenomenon, by analyzing the impact of the Italian citizenship’s rules over the descendantsof the Italian citizens emigrated abroad and, especially, in South America.Indeed, according to the former Italian law, only fathers could transmit iure sanguinisthe citizenship to their children: moreover, women automatically lost theItalian citizenship if they get a foreign citizenship by concluding a marriage witha foreign husband.These rules hardly discriminate the Italian women emigrated abroad and, especially,their descendants who were prevented to get the Italian’s citizenship.These discriminatory rules were finally deleted by the Italian Constitutional Courtin the Seventies and in the Eighties: however, the effects of those rules still persisted,since the decision of the Constitutional Court could not overcome the temporal limit of the entry into force of the Constitution (01.01.1948) and, therefore, could not“cover” the discriminatory facts occurred before that date.Finally in 2009, the Italian Supreme Court, by extending the effects ratione temporisof the decisions of the Constitutional Court, “reopened the doors” of the Italiancitizenship to a huge number of Italian citizenship born from Italian women beforethe 01.01.1948.Therefore, the authors focus on the social impact of this decision for all the potentialItalian citizens living in South America and try to assess its juridical effects overthe Italian law.

El derecho a la educación como derecho social fundamental en sus tres dimensiones: educación primaria, secundaria y superior

En este artículo, se plantea el problema de si puede considerarse a la educación como un derechofundamental. Se analizan las implicaciones que ha tenido su no inclusión como tal derechoen la Constitución en el capítulo de los derechos fundamentales. Se estudian dos grandes tradicionessobre los derechos fundamentales: el neoliberalismo afirma que los derechos fundamentalesson únicamente los derechos liberales civiles y políticos. Y el liberalismo social concibe quelos derechos fundamentales son, además de los derechos liberales civiles y políticos, los económicosy sociales. En la parte final, se hace una reconstrucción del desarrollo del derechoa la educación en la jurisprudencia de la Corte Constitucional; termina con unas críticas alproyecto de reforma de la educación superior y unas sugerencias con miras a proponer a laeducación como un derecho fundamental.

Friendly Settlements in the Framework of the Inter- American Human Rights System

The Inter-American system for the protection of human rights provides that disputesbetween States and victims of human rights violations or their representatives can beresolved through a friendly settlement. In this arrangement, conducted before the regionalorgans of protection of human rights, the State accepts its international responsibility,commits itself to investigate and judge the responsible and makes commitmentson compensation to the offended, the victims, on his part, renounce to take the caseto the Inter-American Court of Human Rights, and the Inter-American Commissionmonitors the legal consistency of the agreement and holds the role of independentobserver. What are these agreements, what possibilities and limitations provide to theopposing parties and, above all, what kind of reparation offer to victims of humanrights violations are issues to resolve in this article.

Decoding the canada's foreing and security policy: tracking the strategic and ethicliberal approaches of a middle power's behavior

The article attempts to explain the main paradox faced by Canada at formulating its foreign policy on international security. Explained in economic and political terms, this paradox consists in the contradiction between the Canadian ability to achieve its strategic goals, serving to its own national interest and its dependence on the United States. The first section outlines three representative examples to evaluate this paradox: the Canada’s position in North American security regime, the US-Canada economic security relations, and the universe of possibilities for action of Canada as a middle power. The second section suggests that liberal agenda, especially concerning to ethical issues, has been established by this country to minimize this paradox. By pursing this agenda, Canada is able to reaffirm its national identity and therefore its independence on the United States. The third section evaluates both the explained paradox and the reaffirmation of Canadian identity during the Jean Chrétien (1993-2003), Paul Martin (2003-2006) and Stephen Harper’s (2006) governments.

The work of psychologists in social policy in Brazil

This study verses on the meeting of psychology with the social policy area. The objective is to discuss how psychologists that work in the Basic Health Units and in the Social Assistance Reference Centers experience their daily practices. Using the interview and participant observation methods, we investigated the modes of action of 13 psychologists involved in these service units. The results indicate that because these contexts are adverse to the traditional forms of action, many professionals experience daily strangeness and discomfort, resulting from their encounters with limiting situations of difficult management. Furthermore, we observed practices and experiences that were marked by feelings of compassion, pity, and resentment. We consider, finally, that the encounter between psychology and social policies requires flexibility in traditional acting modes as well as the pursuit of strategies that consider cultural contexts characteristics, avoiding capture, fatigue and saturation process that stifle the worker.

Rehabilitation of executive functions: Implications and strategies

Executive Functions (EF) concern a range of abilitiesincluding problem-solving, planning, initiation, selfmonitoring,conscious attention, cope with new situationsand the ability to modify plans if necessary. It’s ahigh cognitive function that is crucial for a person to getengaged and maintain daily activities whilst keeping agood quality of life. Problems in the EF were formerlyknown as Dysexecutive Syndrome (DS). There are manymodels concerning DS, although the literature on thesubject still remains unclear. Several works appoint theeffects brought by elderly life, as well as abuse of drugsand some psychopathologies. These factors are knownto increase the distress of the frontal circuits and thatcould be associated to executive deficits. The effects ofDS would compromise individuals in day-to-day routine,academic, social and labor fields. There is a growingbody of studies trying to determine the causes, implications,associations and the best way to take care of theseeffects. This work intends to review DS, focusing on themost important fields related to this area, such as psychopathologyassociations, cognitive reserve, assessmentand cognitive rehabilitation programs.

Face and content validity of smoking-related and matched control pictures

Smoking-related pictures and matched controls are useful tools in experimental tasks of attentional bias. Noteworthy the procedures used to produce and validate these pairs of pictures are poorly reported. This study aimed to describe the production and evidence of validity of a set of smoking-related pictures and their matched controls. Two studies were conducted to assess validity. An online internet-based survey was used to assess face validity of 12 pictures related to smoking behavior and 12 matched controls. All pictures were colored and were 95mm length x 130mm width. Participants were asked if the pictures were related or not to the smoking behavior and also rated how much each picture was related to smoking behavior. The second study investigated attentional bias in smokers (n = 47) and non-smokers (n = 50), and examined how they assessed all pictures in terms of pleasantness and the 12 smoking-related pictures in terms of relevance to their own smoking behavior. Craving was assessed before and after the experiment. Results indicate that this set of pictures are valid since smoking-related pictures were considered more related to smoking behavior compared to their matched controls. Moreover, smokers showed greater attentional bias for smoking-related pictures than non-smokers. Craving and relevance of the smoking-related pictures were higher in smokers than in non-smokers. Smokers considered smoking-related pictures them less unpleasant than non-smokers. These findings provide evidence of face and content validity of this set of pictures, which will be available to researchers, contributing to maximize the standardization of future investigations.

Social participation and protagonism: Reflections fron the Conference of the Rights of Children’s and adolescent in Brazil

This paper examines the children and young people's participation and protagonism rights based on the Conferences on Children and Adolescents Rights' experience in Brazil, based on childhood sociology. Conferences' documents were consulted on the Brazilian government websites. These study findings revealed that young people's participation has increased in the last conferences. However, it is necessary to promote a systematic and genuine participation through democratic relations construction in all development contexts where childrenand adolescent live in order to modify their life and society participative practices.