- Defense Institute of International Legal Studies
- LCHR 12020
- Something about some HR in Colombia
Something about some HR in Colombia
friends of this course, in order to share information and learn some views, I would leave for reading, this link is related to the close bond we have with the united nations, and especially the development of domestic legislation which allows each day the development and realization of the rights of the citizens and residents in our country, which has resulted in laws, decrees and administrative acts confer or regulate rights recognized. I am aware of your comments.
http://www.un.org/News/Press/docs/2011/sgsm13634.doc.htm
ACT 1448 OF 2011
(June 10)
by establishing measures of attention, support and reparation to victims
internal armed conflict and other provisions.
The Congress
DECREES:
TITLE I
GENERAL PROVISIONS
CHAPTER I
Aim, scope and definition of victim
ARTICLE 1.
PURPOSE.
This law aims to establish a set of
judicial, administrative, social and economic, individual and collective;
benefit victims of the violations referred to in Article 3 of this
law, within a framework of transitional justice, which enable to realize the enjoyment of
their rights to truth, justice and reparation to guarantee non-repetition, so
recognition of their status as victims and dignified through the realization of
their constitutional rights.
ARTICLE 2.
SCOPE OF THE LAW.
This law regulates concerning
humanitarian aid, care, assistance and compensation of victims covered by Article
3 of this Act, providing these tools to reclaim their dignity and
assume their full citizenship.
The package of care, service and repair for indigenous peoples and
Afro-Colombian communities, will be part of specific rules for each of these
ethnic groups, which will be consulted beforehand in order to respect their customs and
customs as well as their collective rights in accordance with the provisions of
Article 205 of this Act.
ARTICLE 3.
VICTIMS.
Themselves as victims, for the purposes of this Act,
those persons who individually or collectively have suffered harm by facts
occurring on or after 1 January 1985 as a result of breaches of law
International humanitarian law or gross and obvious to the rules
International human rights that occurred on the occasion of the internal armed conflict.
They are also subject the spouses, permanent partners, couples
same sex and first-degree of consanguinity, the first civilian victim
direct, when this shall have been killed or is missing.
In the absence of these,
it will be those who are in the second degree of consanguinity up.
Likewise, people are considered victims who have suffered damage
intervening to assist victims in distress or to prevent victimization.
Victim status is acquired independently of be individualized,
apprehended, prosecuted or convicted the author of the punishable behavior and family relationship
may exist between the perpetrator and the victim.
Paragraph 1 °.
When members of the security forces are victims in terms
of this article, economic repair shall in every respect to that
entitled under the special regime applicable to them.
Likewise,
entitled to the measures of satisfaction and guarantees of non-identified in the
this Act.
Paragraph 2 °.
Members of armed groups outside the law
be considered victims, except in cases in which children or adolescents
may have been demobilized from the armed group to be outlawed
minors.
For purposes of this Act, the spouse, permanent partner,
or relatives of members of armed groups outside the law will
considered as direct victims for harm suffered in their rights under the
of this article, but not as indirect victims for the harm suffered by the
members of these groups.
Paragraph 3 °.
For the purposes of the definition contained in this Article, no
be considered as victims who have suffered damage to their rights as
result of acts of common criminals.
Paragraph 4 °.
People who have been victims for acts occurring before 1
January 1985 are entitled to the truth, reparation and symbolic
guarantees against repetition under this Act, as part of the social cluster
without that are individualized.
Paragraph 5 °.
The definition of victim under this Article, any
shall be construed or presumed endorsement of a political nature on
terrorist groups and / or illegal armed, who caused the damage referred to
and victimizing fact of this Act, in the framework of international law
Humanitarian and Human Rights, particularly those established by the
section three (3 º) common to the Geneva Conventions of 1949.
The exercise of the
powers and functions assigned under the Constitution, law and
regulations to combat the armed forces of other criminal actors, not affect
all by the provisions of this Act.
CHAPTER II
General principles
ARTICLE 4.
DIGNITY.
The axiological foundation of the rights to truth,
justice and reparation, is respect for the integrity and honor of the victims.
The
Victims should be treated with consideration and respect, participate in decisions that
affect, for which will have information, advice and support needed and
will effectively protect their rights under the constitutional mandate, duty
positive principle of dignity.
The State is committed to advancing priority actions to
strengthening the autonomy of victims to care measures, support
and repair provided in this Act, to contribute as citizens to recover
full exercise of their rights and duties.
ARTICLE 5.
PRINCIPLE OF GOOD FAITH.
The State assumed the good faith of the
victims covered by this law.
The victim can prove the damage suffered by
any means legally accepted.
Consequently, it is sufficient to prove the victim
summarily the damage to the administrative authority to proceed with this
relieve her of the burden of proof