Sunday, October 24, 2010

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2.1. Colombian institutional framework for the defense and protection of human rights.


"One thing is the declaration of their rights is another guarantee" 19 . Internationally the United Nations General Assembly is responsible for protecting, promoting and defending human rights, in particular, the Commission on Human Rights, based in Geneva, studying the cases of violation and propose them for discussion and resolution in the Assembly General. In the Americas we have the Commission and the Inter-American Court for Human Rights.

In a strange twist of fate, however, in Colombia there is no central body for dealing with human rights, but a long list of institutions each with a well-defined tasks for the protection, dissemination, promotion and protection of human rights as defined by the 1991 Policy Paper. The question now is: What is the use of such a massive number of institutions that effectively do not bring no benefit and no reduction of the victims?. For completeness, it has the organization of institutions, in order to understand the complexity of their task and their inefficiencies.


By the 1991 constitution, which present a mention in the previous pages, and to focus more in depth study, evidence is what is known as the Public Ministry, composed of the Attorney General, the Defensor del Pueblo and Personerias municipales, these agencies were created to watch over citizen, his rights and fulfillment of duties of civil servants. The executive have also Consejero Presidencial para los derechos humanos, providing guidance or advice to government on policies and procedures that ensure the respect, promotion and defense of human rights in the country.

The Constitutional Court, must ensure the integrity of the political map and study the constitutionality of international treaties and laws, the CC revisions to sample some of the verdicts issued by different courts regarding measures to protect the 20, with the aim to unify the criteria for the protection of fundamental rights by referring to constitutional requirements.

The Public Ministry, reorganized with the Magna Carta, is made by the Attorney General and the Defensor del people. The Attorney General is responsible for ensuring the conduct of the public officials and civil servants - including police, soldiers and members of the intelligence services - as well as investigate their actions, may sanction disciplinary action when acting against the law, to carry out its duties, the prosecution attorney is divided into regional, district, provincial and delegated.

The Defensor del Popolo has a mandate to oversee the promotion, use and dissemination of human rights. In each municipality, the principal role in the protection and defense of fundamental rights is entrusted to the municipal personer (in Italy are comparable to the figure of the ombudsman), who have the status of public officials and are elected by the Board Hall for a period of three years.

With the 1991 Constitution was instituted Fiscalía General de la Nación, with tasks and with the judicial function to investigate a wide range of criminal offenses committed in the country, try to offer people a complete and effective administration of justice. The Fiscalia was asked to carry out preliminary investigations and the investigation stage, inside, was also established, the United National Human Rights to investigate cases of serious violations of human rights and international humanitarian law.

The constitution also provides for the protection and defense of human rights, a set of legal instruments such as differentiated by Professor Esguerra:

"The majority of security tools is conceived as dynamic mechanisms of a procedural nature in order to rely on coercive rights wronged, to remedy or compensate the damage. These tools are, so to speak, so to speak, self-sufficient, in practice they are capable of obtaining the desired effect with their own dynamics: the protection of the law. In the legal system Colombian find: a) public action of constitutionality b) actions of administrative litigation, c ) the administrative appeals, d) the protective action, which will be explained further below, s) actions of fulfillment, f) popular actions, g) group actions and h) the exceptions of unconstitutionality And i) provisional suspension .

Secondly, we will find static tools, designed with the aim of making the formulation more robust rules of one or more rights, so to achieve its full implementation, these tools will find me in the form of a solemn declaration or in the form of prohibitions, even more simply in the form of reaffirmation or recurrence of a right. In the Colombian constitutional law is part of the proscription of the death penalty J, exile K , life imprisonment L and confiscadei beno M, censorship N, 's habeas corpus O , habeas data P " .


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