Responsibility of educational institutions in the face of bullying in Colombia: Analysis based on Law 1620 of 2013
This research article aims to analyze the degree of legal responsibility that educational institutions in Colombia have in complying with Law 1620 of 2013, within the framework of prevention, attention, and eradication of school bullying. The study examines the regulatory provisions that protect the fundamental rights of children and adolescents in bullying situations, with emphasis on institutional obligations derived from the Political Constitution, international treaties, and constitutional jurisprudence. The research question posed is: What are the legal responsibilities faced by educational institutions in complying with Law 1620 of 2013 for the eradication of school bullying? The research is carried out using a descriptive and qualitative methodology, with a documentary 2 approach. Laws, case law, and legal doctrines are compiled to analyze the current legal framework, as well as the institutional procedures defined in the Comprehensive Attention Route. The study concludes that educational institutions have a clear and active responsibility in protecting students' rights against school bullying through the effective implementation of prevention, detection, and response mechanisms. However, there is a need to strengthen teacher training, student participation, and monitoring processes so that the routes and strategies are truly effective and ensure the students’ comprehensive well-being.
Copyright (c) 2025 Ius Praxis https://creativecommons.org/licenses/by-nc/4.0
Artificial intelligence and criminal investigation: about its implemen tation in the administration of justice Colombia
The purpose of this article is to demonstrate that AI has the capacity to be a driving force that generates positive changes for the future, abandoning the outdated way in which society analyzes a case to obtain results in the study of criminal investigation. The question posed is: How can artificial intelligence be implemented in criminal investigation, according to the Colombian justice administration? The main answer allowed determining that, with the implementation of this tool through its models, it is possible to collect and optimize information, through the analysis of large volumes of data, facial recognition, identifying criminal patterns, among others, to support investigative work by different entities and thus improve the effectiveness and efficiency of criminal investigation. In the case of Colombia, it has as a model to follow different countries around the world that already use AI in both criminal investigation and the administration of justice. As this is a country plagued by violence, implementing this tool is of great help to avoid judicial congestion and ensure cases do not go unpunished. This demonstrates to Colombian society and the justice system that AI is the evolution of the world and that they can be a developed and modern country for a future with guarantees and benefits.
Protection of animals in the Colombian State: Advances, challenges, and setbacks of the Colombian Constitutional Court
This article focuses on animals, living beings classified into various groups. They are useful and can survive certain types of situations that occur in nature, but not all have this capacity to face the world as it is today. Animals are divided into mammals, amphibians, reptiles, fish, birds, insects, etc. Thus, the characteristics they have are incredible for their environment, but with all this, it has been seen that they do not always live happily. They suffer fear and threats daily, for which no one understands or protects them because they are not like humans. This is how fundamental rights were established, for which protection and well-being are sought to avoid "animal abuse" and thus consider them something valuable to lives. Therefore, this project was created with a problematic question: In what ways has the Colombian Constitutional Court advanced or regressed in the protection of animals in the Colombian State? Furthermore, not only the Constitutional Court and its entities must do all this work; citizens must also contribute to complying with its rules and ensuring that understanding between humanity and animals is achieved.
Análisis Jurídico de los Derechos Laborales de los Comerciantes Informales en el Socorro: Desafíos y Perspectivas en el Contexto de la Economía Informal
In the following article, an analysis has been carried out on the situation of labor informality in the municipality of El Socorro, Santander, the vulnerability of informal workers has been shown, who resort to this economy as a means of subsistence due to the lack of opportunities in the formal sector. In this context, informality lacks adequate legal support, affecting access to labor rights and economic stability. Throughout the article, the realities of how the informal worker, despite facing multiple difficulties and limitations, manages to move forward thanks to their resilience and ability to adapt will be evident. These workers represent a significant part of the economy in municipalities such as El Socorro, Santander, many of them must adapt to precarious working conditions and the absence of formal contracts, which leaves them without legal guarantees and exposed to economic and health risks. The crucial role they play in the local economy will be analyzed, which largely depends on their activities, and the stories of effort and improvement that demonstrate their perseverance and contribution to the development of the municipality will be highlighted. Likewise, proposals for formalization policies and access to training and financing programs will be examined that, with adequate implementation, could offer these workers the possibility of improving their quality of life and accessing social benefits
Financiamiento y formación de unidades de Económica Popular en el municipio del Socorro – Santander: caso de aplicación de los lineamientos de políticas públicas dadas por la Ley 2294 de 2023
The Final Peace Agreement (2016) and the 1991 Constitution highlight the importance of the popular economy as a tool to reduce inequalities and guarantee labor rights. Law 2294 of 2023 (National Development Plan 2022-2026) promotes public policies to formalize microbusinesses, support vulnerable groups (women, victims of the conflict, farmers), and foster productive inclusion. In Socorro (Santander), the Municipal Development Plan 2024- 2027 aligns its programs with this law, focusing on sustainable tourism, job training, and agriculture. Through national and local calls for proposals, business plans have been funded and entrepreneurs have been trained, although challenges such as limited access to resources and low program outreach persist. Surveys of 20 people revealed that only 15% have received support, and 80% consider the policies ineffective, citing lack of funding as the main barrier. However, 65% acknowledge that these initiatives have reduced poverty. The conclusion is that, although the implementation of Law 2294 in Socorro has generated progress, it is necessary to improve communication and broaden access criteria to maximize its impact. The popular economy, key to local revitalization, requires greater coordination between national and municipal entities to strengthen formalization, decent employment, and equity. The hypothesis is confirmed: well-implemented public policies can transform socioeconomic realities, but their success depends on adapting to the specific needs of the community.
Procedencia de la acción de tutela contra los actos administrativos que regulan el concurso publico de méritos de la carrera administrativa general
The general objective of this article is to analyze the guardianship action and its incidence within the public competition process of administrative career merits and the way in which it has become a mandatory instance within the normative event. That is why it is posed as a problem question: is the protection action the appropriate means to dispute the administrative acts that regulate the public competition of merits carried out by the National Civil Service Commission? From which it is sought to make an analysis of the origin of the guardianship action during as a mechanism to dispute the administrative acts, mainly those issued the development of a contest of merits. In this sense, it is based on a descriptive methodology which allows characterizing the reality of the protection action around the merit contest and the way in which it is currently used. For this reason, it is concluded that, in effect, given the nature of the guardianship action and the promptness and protection of the fundamental rights that guide it, it turns out to be an adequate means to dispute said administrative instruments that do not have sufficient judicial mechanisms to enforce the rights of applicants.
Copyright (c) 2024 Ius Praxis https://creativecommons.org/licenses/by-nc/4.0
Garantías jurídicas en los procesos de expedición del registro civil de los hijos de las parejas poliamorosas
As of Judgment 2015-0195501, in which the Superior Court of Medellín recognizes the survivor's pension for two men who belonged to a polyamorous relationship, circumstances become visible that prevent the materiality of rights for families that are constituted through a triad and require the protection of reproductive rights, jointly the guarantee to form a family and freely decide the number of children. Therefore, a historical reflection of the concept of polyamory and its recognition in the international and national order will be carried out, through a normative analysis of the new concepts of family in Latin American jurisprudence and finally, it will evaluate if there are currently legal guarantees in the processes of issuance of the Civil Registry, since it would suppose the recognition of the triple affiliation or multiparentality, figure that has not been fully accepted in Colombia, considering that the debate on the modifications that will be produced to the document issued by the National Registry of Civil Status, as proof of the legal status in the family and in society of a person born from a polyamorous union.
Medidas de proteccion para prevenir la revinctimizacion en los escenarios de violencia intrafamiliar en Colombia
Domestic Violence has had significant growth in Colombia, the macho culture that is promulgated in society and the arrival of COVID 19 in 2020, have had an important impact on the number of cases of this type of violence as it has had a considerable increase; it is important to underline that Colombia has an integral law regarding these facts that search to face these behaviors, many of these policies are adapted to the new reality of the country and the international treaties of which Colombia is part. Nevertheless, there are situations in which the victims despite the protection measure applied, continue suffering this scourge. It is not a secret that even when the policies about the victim's protection are clear and wide, there are situations in which the violence persists, which has harmful effects not only for the possible victim but also for the entire family, In this article it is proposed to know the different consequences that the acts of domestic violence have through a study of the current regulations of the country, objectively proposing a model that has an effect that reduces these episodes and sets a precedent in the management of domestic violence in the country.
Harmonization of urban use and treatment in the development of the territorial planning of the Colombian state
The legal research that is structured below, aims to clarify the conceptual, normative and jurisprudential criteria that have been established regarding the uses and treatments of the territory, and to determine the correlation that these have, and how they are developed individually and jointly. in the Colombian territorial ordering. To achieve this, a purely legal investigative method is used, by which interpretive criteria and normative and jurisprudential application will be analyzed, wherein said provisions the management, organization and development of suitable policies that revolve around urban planning are analyzed, from the objective framework of law
Actos administrativos electrónicos: análisis respecto de las reformas realizadas al Código de Procedimiento Administrativo y Contencioso Administrativo – Ley 2080 de 2021
The general objective of this research article is to analyze the changes made to the Code of Administrative and Contentious-Administrative Procedure published from Law 2080 of 2021 regarding the legal figure of the Electronic Administrative Act. This purpose is developed from the question: What changes did the reform made to the Code of Administrative Procedure and Administrative Litigation with Law 2080 of 2021 achieve to the electronic administrative act? which is structured through descriptive, qualitative and legal methodology. That is why the research allowed us to provide as main results the full analysis of the figure of the administrative act and how this is comparable in every way to the classic administrative act, since the only thing that changes from one to the other is the way in which the act is carried out. efficient surge. At the same time, it was possible to determine that the norm, although it came to issue a series of aspects related to virtuality, it is also true that the norm did not directly modify the electronic act, but rather limited itself to modifying situations that will arise from its effectiveness. as is the electronic notification. What allowed to establish as a conclusion that, although Law 2080 enters as a necessity, this only happens to be the first step to the great reforms that will come in the future with the massive arrival of technology as a general rule.
The objective of this investigative article is to analyze the ruling of Petro Urrego Vs. Colombia of the Inter-American Court regarding the changes that this decision brings to the disciplinary process established in Law 1952 of 2019 and Law 2094 of 2021. In this sense, it is held So, as a problem question, to what extent does the decision of the Inter-American Court of Human Rights in the Gustavo Petro v. Colombia Case configure a margin of substantial and procedural reform to Law 1952 of 2019? which is developed using the explanatory, descriptive and analytical methodology. Thus, as a result, it was found that in effect the Colombian State had violated the rights of Petro Urrego and thus a modification was required that would comply with the postulates of the American Convention regarding the dismissal and inability of popularly elected officials.
To start this investigative work, it is pertinent to formulate the following question: Is the Colombian State inefficient in its purposes for imposing measures that, in the health emergency framework, limit and condition older adults’ access to public information? Meanwhile, to answer this question, the objective to be developed is to analyze the measures taken by the Colombian State during the health emergency faced in the year 2020. In the same way, an investigation with a legal approach is used as a methodological process, whose documentary technique allows a qualitative analysis through bibliographic, normative, jurisprudential, and social precedent review, which allows us to show as a result that in Colombia the needs of old age are formally recognized as essential elements of human rights; but, the fulfillment of this ideal is materially difficult, due to not knowing the conditions of each population sector of our country. To do so, it is essential to adopt measures that guarantee the integration of the different communities and population sectors, so that their diversity won’t be ignored when
La ética de los funcionarios públicos en la actuación administrativa
The present research article whose general objective is to conceptually analyze the importance of public ethics in the development of all the activities of those people who require administration in Colombia where different cases of corruption have been presented. Which is developed through the problem question, to what extent is the application of ethics to public servants important for public administration? resorting to a qualitative and descriptive methodology, to the extent that this allows characterizing a specific situation that is the way it is to find ethics in the public sector and the effects and causes that it has in the Colombian State. Due to this problem, society questions the behavior and acts of different political actors and/or public officials. For the analysis, information is collected from different authors and sources, different theories are exposed, models that are implemented in the government as tools to mitigate, anticipate and identify unethical behaviors in public resource managers. It is evident that despite the existence of various mechanisms to prevent individuals who held public office from committing disciplinary offenses and crimes against the public administration, the Colombian State fails to reduce the high rates of public corruption. In turn, the thematic discussion raises a situation in which the Colombian high courts view that ethics should be a protected legal right related to morality.
Through Law 1437 of 2011, the contentious – administrative jurisdiction- State Council, was involved in the environmental sanctioning procedure, however, not in the way that an issue such as the environment requires, since such an issue demand for a much more individualized control, thus being able to think of the need for the Contentious Administrative Jurisdiction not to handle the environmental issue as one more, but for there to be a specialty that is essentially in charge of it. However, such considerations can only be supported according to the answer obtained when solving the question that is exposed here: is the control carried out by the Council of State of the environmental sanctioning precedures carried out by the Autonomous Corporations efficient? Therefore, the general objetctive of this investigation will be to determine if the control exercised by the Council of State in matters of environmental sanctioning procedures carried out by the Autonomous Coporations is efficient, or if, on the contrary, the creation of a environmental specialty in the contentious administrative jurisdiction that allows greater jurisprudential support in environmental matters, which is why the methodology applied to this article includes a legal approach, qualitative – descriptive with documentary technique
Administrative process for get it back of urban capital gain, in colombian municipalities
This paper results from socio-legal research through which the capital gain as a mechanism to generate economic resources for municipalities in Colombia was reviewed, analyzing its legal, constitutional, and jurisprudential development. Subsequently, an administrative procedure that allows municipalities to have clear and detailed steps for the application, collection, and enforceability of the capital gain effect as a product of urban development actions is proposed while considering due process and compliance with high courts’ case law. This administrative procedure should allow municipalities to access resources to finance and promote local development through the building of social housing, the construction or improvement of infrastructure for public services, the execution of urban public space projects, and the maintenance of municipalities' cultural heritage, among others.
CONSTITUTIONAL CRITERIA FOR SOCIAL SECURITY AND HUMAN DIGNITY IN LIGHT OF LEGISLATIVE ACT 032 OF 2021
The present research work will constitute a structural, legal and social analysis that is deployed in the Draft Legislative Act 032 of 2020, which has as its purpose the partial reform of article 48 of the Constitution, in its first paragraph, where the limits for allowances in the Colombian pension system. Academic article in which the different conceptual, theoretical and legal aspects that surround the Social Security System in Colombia were enunciated and thus determine if said project meets the criteria of social security and human dignity required by the constitutional text. To achieve this, both the SSS and the SGP and its transformations throughout its regulation in Law 100 of 1993 will be described. After that, the structure of the Draft Legislative Act will be analyzed and it will be determined if it meets the requirements fundamental and principialistics so that it can be integrated into the Colombian legal system.
Mental health policies for workers during the COVID-19 pandemic in its phases of isolation and return to the workplace
The Covid-19, cataloged by the World Health Organization, as a health emergency of high importance and that triggered a global pandemic, which affected not only the physical health of humanity, but also the mental health of the workers. This article aims to point out the effects of the Covid-19 pandemic on the mental health of workers and the actions of control entities and companies, with respect to strategies, policies or regulations implemented, to safeguard the health of workers.
Equal herential rights between consanguinee, adoptive and foster children.
During recent years in Colombia, for consanguineous and adopted children, their inheritance rights are clearly protected, as the law and jurisprudence have provided, on the contrary, foster children are outside the succession processes. This is because within the law there is no equal treatment for the different types of children that can occur within a family. It is widely known that the rights of children prevail over the rights of others, in this case of a minor, a foster child, if one of their parents dies, it would lead to instability and damage to the minor. Therefore, the need to delve into it seeking the right to equality, when there is an undoubted link between parents and foster children.
Filiation between the mother who rent her belly and the child product of such reproduction technique in Colombia.
Assisted reproduction techniques have been practiced in Colombia for several years; Said procedures are allowed in the Political Constitution of Colombia of 1991, in article 42; Where it refers to children procreated naturally or with scientific assistance, in pursuit of the right to form a family. This article specifies the filiation that by the mere fact of fertilizing the embryo, in the uterus of the woman who gives birth, the legal bond is born, both of the mother and the child. That is why, in the technique of assisted reproduction of surrogate womb precisely, it must be analyzed whether there is affiliation between the woman who rents her womb and the child product of said technique when the fertilized egg is from the same woman.
Consent in assisted reproduction techniques in colombia.
Over the years, the notion of family has evolved and, in turn, the concept of filiation has not remained unchanged, so its changes have varied both due to social dynamics and scientific advances. In this order of ideas, it is important to allude to the source of filiation by consent in the use of human reproduction techniques, to which people resort so that, through these, they can achieve maternity or paternity by natural means. Therefotre, since it is the free expression of consent that will generate the legal bond, the problem that can be generated by the absence of consent as an essential requirement prior to the use of assisted human reproduction techniques, both in the criminal and in the civil sphere, is obvious.
Exceptional revocability of the adoption in Colombia according to the jurisprudential criteria of the Constitutional Court
The ICBF Family Ombudsman, through an interdisciplinary team, performs various interventions in the home of a child or adolescent whose rights are sought to be reestablished, finding that the biological family is not a guarantor of their rights, reestablishes these through the declaration of adoptability, as the last and most drastic measure of protection established by the Childhood and Adolescence Code, however, and taking into account that adoption is irrevocable according to Colombian regulations, it is currently observed that in very exceptional cases, family judges and subsidiarily those of guardianship, can revoke an adoption, to know the support of that position within the framework of article 44 an 46 of the Constitution, a jurisprudential analysis Will be carried out based on the review of some sentences on the subject.
Violation of rights in administrative process of reestablishment of rights
The absolute abandonment of the non-emancipated child as cause of deprivation of parental authority in the Colombian legal order
This review article addresses the deprivation of parental authority based on the cause of abandonment of the non-emancipated child, which, in the words of the Civil Cassation Chamber of the Supreme Court of Justice in a ruling issued on May 25, 2006, can only be configured when it is proven that said abandonment is absolute. This decision was adopted with the support of a ruling from 1987, ignoring the immediate precedent contained in the ruling issued on January 23, 1990, through which the abandonment of the son had been understood in a broader concept. Therefore, the duty of transparency and argumentation to motivate the change of line was breached and, additionally, a pre-constitutional concept is brought that is not consistent with the duty of protection of the child against all forms of abandonment enshrined in article 44 of the political constitution of 1991, the doctrine of comprehensive protection implicit in the Convention on the Rights of the Child and the various forms of abandonment enshrined in article 20 of Law 1098 of 2006 "by which the Code of Childhood and Adolescence". Thus, this article aims to demonstrate the need to adapt the concept of child abandonment as a cause of deprivation of parental authority to the new constitutional, conventional and legal parameters.
Axiological and attitudinal competences on ethics in the development of the curricula of law programmes in the universities of Santander
The problem: for decades, Colombia has arisen for a fact that it is the sophistry of the meaningful evaluation that is given to the lawyers, and that comes from a judgment a priori that it is derived from a hypothesis to a practice indecent, according to this premise is taken from the vocational training since the beginning, where it arises the correlation moral, Academia, and state that forces through legislation to dictate chairs of ethics from the moment that he decided to study law. Political and social sciences, in addition, this research project offers a parallel comparison of units in hours of training in ethics issues or in competencies and / or results of ethics training in the preparation of a future professional lawyer. Objective: To define the competences in the field of ethics in the curricula of the legal programs of the faculties of law of the Department of Santander
Practice of Neuroscientific evidence in criminal proceedings: A view from respect for the principles of non-self-incrimination and personal privacy
Colombian criminal procedural law has developed major structural changes since the issuance of Law 906 of 2004, which established the accusatory criminal system and granted, among other things, greater guarantees to the accused. One of these was given in the evidentiary field when in article 422 it approved the admissibility of scientific publications and novel evidence, opening the way for medical sciences and new technologies to be used in the criminal process in order to clarify the truth of the disputed facts. However, some critics have pointed out the above as a risk, since they argue that the use of techniques such as those of neuroscience would violate principles such as non-self-incrimination and personal privacy.
Electronic invoicing in Colombia: Advantages and beneﬁts vs. disadvantages and limitations
The electronic invoice is an electronic document that replaces the paper invoice, which certiﬁes the purchase and sale of a good or service and allows the taxpayer to check where their income or expenses arise. Taking into account this deﬁnition, in this article, carried out through a qualitative research approach, the advantages and beneﬁts are analyzed vs. the disadvantages and limitations of electronic invoicing in Colombia, making an identiﬁcation of the evolution and regulatory developments of electronic invoicing in the country, pointing out the advantages and beneﬁts of the use of electronic invoicing in tax, operational and economic matters and recognizing its disadvantages and limitations.
Legalization of informal settlements and the right to decent housing in the municipality of Floridablanca - Santander.
This socio-legal research aimed to answer the question: How has the strategy of legalization of informal settlements contributed to the realization of the right to decent housing by reducing the quantitative deﬁcit in the municipality of Floridablanca?. The dynamic carried out is to explore the impact of the strategy of legalization informal settlements to guarantee access to decent housing by reducing the quantitative housing deﬁcit in the municipality of Floridablanca – Santander 2018 – 2021. This is a balance literature on the topic of housing and legalization of settlements in Colombia, followed by the identiﬁcation of the regulatory developments, challenges and prospects of the process of legalization of informal settlements in Floridablanca, Santander in the period 2018 – 2021; and, ﬁ n a l l y, t h e r e c o n s t r u c t i o n o f t h e implementation process of the strategy of legalization of informal settlements in Floridablanca between 2018 – 2021, identifying its quantitative impact in the territorial context.
Legal relationship of vendors not recognized as commercial users of public market squares with the municipal mayor of Bucaramanga
The Colombian State is based on respect and application of fundamental rights, such as human dignity, work and equality. What happens is an obligation of the public authorities to guarantee digniﬁed conditions and in compliance with the constitutional framework. What it infers, that the public squares, object of investigation. It has a regulation, protected by the Magna Carta and delegated to the mayors. It should be noted that the lack of rigorous control in the assigned positions and responsibility of the mayor's ofﬁce, entails the affectation of some rights, especially, the efﬁciency of the administration. Apart from this, it has allowed the lack of affectation of progressivity. Caused the deterioration of infrastructures, where the beneﬁciaries are those who work there and therefore those who consume these services.
Extracontractual Responsibility of the State for the Unfulﬁllment of Functions of Public Entities Against Bullying in Colombia.
This document presents the result of an investigative study that I seek centrally, to establish whether the State can be legally imputed under the regime of extra-contractual liability for the action and omission in the fulﬁllment of functions, objectives and responsibilities of the public entities that must give observance and obedience to the legal framework on bullying in Colombia, for this it was proposed to solve the following problem question: Is the State liable extracontractually for the action and omission in the fulﬁllment of functions, objectives and responsibilities of the public entities that must give observance and obedience to the legal framework on bullying in Colombia? For its development, and to respond to the proposed proposal, a legal methodology was used, since a study of the legal system is made in relation to school v i o l e n c e a n d t h e t h e o r y o f S t a t e responsibility and a documentary technique is used. Therefore, to achieve the objective, it was carried out through a review, study, analysis of the norm, the Constitution, jurisprudence and doctrine.