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Colombian Constitutional Law
Introduction to the Colombian constitution of 1991 and the Constitutional Court -- The role of the Constitutional Court -- Dignity and autonomy -- Equality -- Freedom of speech and freedom of religion -- Social rights -- The rights of victims and transitional justice -- The rights of indigenous peoples -- The president : problems of executive overreach -- The congress : problems of abdication and deliberation -- Constitutional amendment and the substitution of the constitution doctrine.
Constitutionalism of the Global South
The Indian Supreme Court, the South African Constitutional Court and the Colombian Constitutional Court have been among the most important and creative courts in the Global South. In Asia, Africa and Latin America, they are seen as activist tribunals that have contributed (or attempted to contribute) to the structural transformation of the public and private spheres of their countries. The cases issued by these courts are creating a constitutionalism of the Global South. This book addresses in a direct and detailed way the jurisprudence of these Courts on three key topics: access to justice, cultural diversity and socioeconomic rights. This volume is a valuable contribution to the discussion about the contours and structure of contemporary constitutionalism. It makes explicit that this discussion has interlocutors both in the Global South and Global North while showing the common discourse between them and the differences on how they interpret and solve key constitutional problems.
Victims and press after the war
The drive to conduct this research was born out of the tension that developed on May of 2017 in the context of the journalistic coverage of the exhumations of those who died in the Bojayá massacre. Thus, this document has the purpose of asking and answering, from a socio-legal perspective, the following question: How can the events related to the armed conflict and to the transition to peace be narrated without violating the right to privacy of the victims? Or, how can a journalist record a dramatic event or recount an injuste that moves readers while respecting the limits of the private lives of the victims? To answer the question, this document examines the tensions between rights that can arise out of narrating the transition to peace as part of the journalistic profession, with the hope that the conclusion set forth is valid not only for the Bojayá case, but also in future transition years, as both victims and society in general benefit from a free and responsible press and the respect for private lives.
The Interrelation Between the Right to Identity of Minorities and Their Socio-economic Participation
Drawing on various disciplines and case studies from several corners of the world, this volume offers insights about the breadth and complexity of the (inter)relation between the socio-economic partcipation of minorities and their right to (respect for) identity.
La influencia de la Constitución Política en el derecho laboral: Escritos sobre algunos temas. Serie de investigación en Derecho Laboral N.° 233
En este libro se hace referencia a varios de los temas laborales que han sido influidos de manera relevante por la Constitución Política de 1991 en los últimos años y que, por ende, justifican una revisión de su contenido, no solo desde la perspectiva propia del derecho laboral, sino también desde el constitucional. Para esto, varios profesores del Departamento de Derecho Laboral de la Universidad Externado de Colombia eligieron los temas que se presentan en este escrito y relatan lo relacionado con el contenido del bloque de constitucionalidad laboral, el derecho a la intimidad y los límites que por ello tiene el empresario en los procesos de selección de personal, el papel de las a...
Interpreting will at the end of life
As a result of the methodological route traced and followed, this document systematizes nine technical guidelines that will guarantee the right to a dignified death, to legal capacity and make operational the principle of the best interpretation of persons’ will and preferences. These guidelines address the following matters: (1) the significance of making the best interpretation of the person’s will and preferences; (2) the need to assess the impossibility of giving consent of those for whom MAiD is requested; (3) the composition of the support network; (4) addressing and ruling out conflicts of interest; (5) verifying that the health system has offered palliative care and the adequacy of the therapeutic effort ; (6) the role that both the medical records and previous conversations with care practitioners can play in the process; (7) the assessment of suffering in terms of the person’s life experience; (8) constructing the life narrative and the best interpretation of the will and preferences through interviews with the support network and; (9) the necessary consensus in the interpretation of the will and preferences.
Global Critical Race Feminism
An anthology containing some 30 essays which focus on topics including a critique of American feminist legal scholarship; motherhood and work in cultural context; Josephine Baker and the Cold War; the campaign against female circumcision; violence against Aboriginal women in Australia; and "marketization" and the status of women in China. Includes a foreword by social justice activist and professor at the U. of California-Santa Cruz, Angela Y. Davis. Annotation copyrighted by Book News Inc., Portland, OR
The Gender of Constitutional Jurisprudence
To explain how constitutions shape and are shaped by women's lives, the contributors examine constitutional cases pertaining to women in 12 countries, covering cases about reproductive, sexual, familial, socio-economic, and democratic rights, and focussing on women's claims to equality.
Euthanasia and the Right to Die
Sensitive and high-profile public policy issues often benefit from being considered in comparative perspective. Here, euthanasia and the right to die are examined in the context of the social, legal, and religious settings of a wide range of countries. The authors employ public opinion data, where available, to illustrate the great disparity between approval of physician-assisted suicide and the general illegality of the practice. Ultimately, making and implementing laws to ensure a responsible right to die_as the U.S. has been struggling with in Oregon, Michigan, and elsewhere_will be informed by experiences in such places as the Netherlands, Australia, and the only country in the world where euthanasia is a clear-cut medical option: Colombia.
