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Ítem Las garantías del modelo de asistencia para la capacidad de las personas con discapacidad mayores de edad en Colombia(Universidad La Gran Colombia, 2022) Pinto Espinosa, Luz Samanta; López Pérez, Ingrid Janeth; Jimenez, IngridThe present research work aims to demonstrate that the Colombian State has transgressed the rights of people with disabilities for a long time, subjecting them to the loss of their legal capacity for years, limiting their right and beyond their will and free development of Personality, among other social problems that we face, has caused the problem that is the object of this research, which seeks to investigate the jurisprudential gap regarding the legal capacity of people with disabilities that, as of August 26, 2019 , they can initiate the procedures for the assignment of support and advance directives for the full exercise of the legal capacity of people with disabilities of legal age. Thus, we will deal with the 1996 law of 2019 that regulates the exercise of legal capacity of persons with disabilities of legal age, factual and legal situation that arises as compliance with the United Nations Convention on the rights of persons with disabilities, ratified by 182 States. In Colombia, approved by law 1346 OF 2009 and ratified on May 10, 2011, it causes curiosity that from 2009 to 2019 effective guarantees have not yet been given to the exercise of the legal capacity of people with disabilities.Ítem Economía del cuidado y violencia económica contra la mujer(Universidad La Gran Colombia, 2022) Bernal Medina, Jaime Enrique; Saldaña Anzola, Yelli Xiomara; Paz Rentería, JafethThis paper was born more than a year ago as an academic exercise that sought to develop, from a documentary analysis, a conceptualization of the term "Economy of Care", a notion that is based on the production and work performed within households, and which is of vital importance in the functioning of societies, and the interrelation that the work performed by women in their families has with one of the types of violence most commonly faced by women and which has been little studied; This is "Economic Violence", which is considered as an action or omission that causes economic harm or suffering to women because of their gender. For the development of this document, certain specific cases were studied that were known by the authors in the course of their professional work as litigators in the area of family law.Ítem Protección socio-jurídica de los niños y niñas que viven con su madre dentro del centro de reclusión de mujeres de Bogotá “el buen pastor” de la ciudad de Bogotá(Universidad La Gran Colombia, 2019) Ramírez Olarte, Diana Carolina; Rodríguez Pinzón, Bibiana Catherine; Arévalo Fonseca, SandraChildren in Colombia are subject to special protection at the constitutional level; therefore, it is the duty of the State to ensure the guarantee of their rights without making any distinction. Therefore, the purpose of this work is to publicize the situation of children between the ages of 0 to 3 years living with their mothers in the "El Buen Pastor" Prison Center in the city of Bogotá, located in Carrera 58 No. 80-95, in compliance with the provisions of article 88 of Law 1709 of 2014. It is intended to debate whether the standards created by the Colombian State are protecting the best interests of these children or, on the contrary, violating their rights, questioning the role of guarantor of the State and of the Entities in charge of allowing these minors to stay in the prison center. Likewise, it is intended through interviews with inmates and different officials to know the situation of the child and their mother inside the detention center; and propose some solutions in order to maintain a family unit seeking protection of the child and his familyÍtem Acciones preventivas de la violencia intrafamiliar en tiempos de covid -19 en la localidad de Barrios Unidos de Bogotá(Universidad La Gran Colombia, 2022) Casas Aguasaco, Sahida Rafjen; Paz Rentería, JafethDomestic violence in the time of Covid-19 is all a confinement produced by a virus where it subjected us to lockdowns, mobility restrictions, stress, pressure in the economic situation, in distance education in an improvised way, massive unemployment and closure of business, psychological affectations in the homes in women, the elderly, boys, girls and men. Said investigation arises by evidencing, through the statistics projected in the House of Justice, the calls to the Purple line in the UPZ of locality 12 of Barrios Unidos, where the increase is observed at the time of confinement Vs pandemic of Intrafamily Violence being this quite considerable. This is why the need to cover different support and solution alternatives is generated in the face of the generated problem that can be evidenced with statistics and it is then where the way to integrate tools or means of support and guidance is proposed. domestic violence, in a COVID situation this year in Bogotá city, in the UPZ of locality 12 of Barrios Unidos.Ítem Relación jurídica maternal en el alquiler de vientres por fecundación in vitro(Universidad La Gran Colombia, 2019) Zambrano Hernández, María Camila; Arévalo Fonseca, SandraThe rent of bellies is a practice that is neither prohibited nor allowed in our country, however, people who intend to go to it for the formation of the family, must comply with the formalities of law, including having their I charge the rights and also the obligations that imply the conception and birth of the child. However, if the maternal - filial relationship is derived from birth, which is accredited by the certificate of the doctor who assists the mother in childbirth, there is a legal contradiction between people who had the initiative to form a family that have a bond of consanguinity with the boy or girl, and among the woman who simply subrogated her belly to gestate the child, who would not have genetic correspondence with the newborn. The foregoing is a dichotomy that is presented in Colombian law because, in the aforementioned case, there would be genetic compatibility between the woman who did not participate in labor and the child who has just been born in the womb of another woman, but , legally the relationship of the child will be determined by the sole fact of birth and exclusively in relation to the woman who performed the labor, without in principle the genetic maternity of the woman who provided the ovule where the ovule was contained could be admitted genetic information necessary for the development of that boy or girl in the womb of another womanÍtem Personas mayores y su vivienda dentro de la UPZ 102 en la Localidad de Los Mártires: Incidencia de las características habitacionales en las que residen las personas mayores, en el goce efectivo de sus derechos fundamentales a la protección, la dignidad humana y la vivienda digna durante el primer semestre del 2019(Universidad La Gran Colombia, 2019) Cuenca Valenzuela, Luisa Fernanda; López Jaramillo, Diana Paola; Arévalo Fonseca, SandraÍtem Factores que influyen en la no comparecencia de las mujeres, a la audiencia de trámite y/o seguimiento de medida de Protección por violencia intrafamiliar, ante la comisaría de familia Bosa II, periodo 2018(Universidad La Gran Colombia, 2019) Alvarado Casallas, Sandy Johanna; Romero Cubillos, Beatriz Andrea; Arévalo Fonseca, SandraDomestic violence is a problem that has increased over the years. Women as victims of domestic violence have the possibility of reporting to family police stations. However, there are cases in which the victims denounce and request protection measures in their favor, but do not attend to the judgement hearings and/or to the following-up actions. The purpose of this document is to determine what are the access facilities of the victim of domestic violence to report and / or request a protection action and identify what are the factors that influence the non-appearance of women at the judgement hearings / or monitoring of the protection actions, specifically at the Bosa II Police Station, in the period 2018, in the city of Bogotá D.C. To achieve the established objective, the techniques of field work, simple random sampling, mixed focus and telephone contact were used. We will seek to establish contact with women victims of domestic violence who had been benefited with protection actions, in order to obtain information that allows them to respond to the stated objectives, keeping the reservation of the cases and identity of the women contacted. Based on the above, it is evidenced how the socioeconomic stratum influences the number of complaints, the change of contact data and other aspects in the following-up actions. Likewise, it will be determined which factors influenced the non-comparison to the citations. Based on these factors, formulas are proposed to strengthen resources and the social support network of women who have been victims of domestic violence. (Traducción por: Lic. Catherine González)Ítem Testamento abierto en Colombia vs testamento olografo en España(Universidad La Gran Colombia, 2022) Salamanca Vallarino, Nataly; Fajardo Suarez, Juan Pablo; Sierra, EderThe soul of this research focuses on the substantial differences between the Colombian and Spanish testamentary succession regime. Punctually in the legal figure of the holographic testament accepted and applied by the Spaniards contrary to the sensu of the Colombians. It should be noted that the approach in the comparative study of this exploration has as an analytical basis the legislation and procedures established in Colombia and Spain. It is for this reason that the relevance of this study aims to identify the mechanisms and laws applied to the successor world tested between these two nations.Ítem Infraestructura y lineamientos en hogares comunitarios de bienestar. Una propuesta para el mejoramiento de la calidad en la atención de niños y niñas en su primera infancia(Universidad La Gran Colombia, 2022) Orbes Camayo, José Yofren; Caicedo Fraide, Eder MaylorThe objective of this article is the analysis of the vulnerability of the rights of boys and girls during early childhood due to the quality in the provision of social-community services; task carried out by the Colombian government, to promote the care and education of boys and girls, in their early childhood, in confined architectural spaces. The work emphasizes the problem in the complaint with documentary references, consistent with studies and evaluations carried out in the social impact modality of the Family Welfare Community Homes program; It concludes with the importance of implementing the improvement and intervention of these spaces with compliance with urban regulations, jurisprudence and social policy.Ítem El cannabis medicinal desde el punto de vista del derecho al desarrollo integral de los niños niñas y adolescentes con trastornos neurológicos en Colombia(Universidad La Gran Colombia, 2022) Chia, Luz Angely Shyana; Caicedo, Eder; Caicedo, EderThe concept of the right to integral development alludes to the right of superior interest of the child which, precisely, is the integral and simultaneous protection of development and the quality or “adequate standard of living” that the state, society and family must guarantee to children, girls and adolescents, as recognized in article 27.1 of the Children's Convention. Neurological disorders are understood as diseases of the central nervous system and peripheral, that is, the brain, spinal cord, cranial and peripheral nerves, the autonomic nervous system, nerve roots, neuromuscular junction, and muscles. Law 1787 of 2016 defined the word cannabis as "the tops, flowers or with fruit, of the cannabis plant (except for seeds and leaves not attached to tops) from which the resin has not been extracted, whatever the name by which it is designates it» (Law 1787, 2016) Cannabis has been the most used plant throughout history by thousands of cultures around the world with various fines, including medicine. However, the appearance of synthetic drugs, on the one hand, and the lack of knowledge of the mechanism of action of compounds present in the cannabis plant on the other, along with the political pressures that will be limited to limiting its use due to “taboos”, it hampered scientific advances for a long period and legal Cannabis. But, based on scientific evidence, this medicinal plant has shown to reduce the symptoms of multiple neurological diseases such as pain chronic, epilepsy, etc ... improving the quality of life of children and adolescents in Colombia. Thanks to the strains rich in cannabidoil "CBD" that cannabis possesses, it is possible to treat a wide range of human ailments, where children and adolescents who are immersed in a critical health situation, they can now access a new therapy alternative outside the traditional, which has allowed both their families and minors, being able to live in a more dignified way, with fewer ailments and even with the eradication of Your symptoms. Because of them, in the last six years it has been possible to see how legislators, under the framework of Colombian regulations and the constitutional bloc have been loosening the regulations on medical cannabis, strengthening norms and laws, which have strengthened public policies. Demonstrating how cannabis is ceasing to be a Topic related to delinquency and crime in Colombia.Ítem Igualdad de derechos entre el matrimonio y la unión marital de hecho en Colombia(Universidad La Gran Colombia, 2022) Lopez Garcia, Rubén Giovanny; Cardozo Olarte, Gina Karen; Paz Renteria, Jafeth; Paz Renteria, JafethThe family is one of the fundamental nuclei of society, therefore we must specify the need to redefine the concept of marriage, within the Colombian legal system in order to include the De facto Marital Union in the same regulations, based on the cultural needs and social customs, identifying their similarities in the legal and social sphere, in order to establish the legal effectiveness of these two figures, in order to obtain as a result a proposal that unifies the set of rules that govern them, for which we will use a qualitative method which will lead us to obtain a series of information on the different aspects that have led to the main changes in the formation of marriage and de facto marital union, analyzing whether the regulations that make marriage solemn meet the expectations of the society It is important to mention that the proposed integration is based on the integration of the concept of family sought by the Colombian political constitution of 1991, where, in its article 42, it established that “The family is the fundamental nucleus of society. Which is constituted by natural or legal ties, by the free decision of a man and a woman to marry or by the responsible will to conform it. The State and society guarantee the comprehensive protection of the family.” Although an important effort has been observed over the years to generate greater recognition and better regulation of de facto marital unions, there are still opportunities for improvement and equitable treatment, considering that this normative integration is necessary.Ítem La unión marital de hecho y su régimen patrimonial antes de 2 años de convivencia(Universidad La Gran Colombia, 2022) Caviedes Cárdenas, Álvaro José; Paz Rentería, Jafeth; Paz Rentería, JafethMarriage was a very traditional institution in Colombia, however, many couples chose to start a sentimental relationship, as a couple, without marriage. This type of union generated multiple lawsuits for the assets acquired in the course of the relationship. For this reason, the legislator enacted Law 54 of 1990, through which de facto marital unions were formalized in Colombia, particularly with regard to the patrimonial regime. Law 54 of 1990 establishes a legal presumption, according to which, once the marital union has been proved in fact for a period of 2 years, it is presumed to be a patrimonial company of goods, having the right to liquidate it. The issue that concerns us has to do with marital unions that do not reach 2 years, but in which the couple in solidarity and jointly have built a heritage, a capital. This work is aimed at determining what happens with the assets, with the patrimony, in the cases in which the couple does not have the two (2) years that the law determines.Ítem Gestación subrogada: análisis desde la consagración constitucional de la familia(Universidad La Gran Colombia, 2021) Narvaez Garcia, Angelica Giovanna; Londoño Botero, Gloria Cristina; Paz, Jafet; Paz, JafetThis research pretend to analyzes a possible regulation of surrogate gestation in Colombia from the constitutional consecration of the family, as a right and as an institution. To approach the discussion, we start from the incorporation of the family in the 1991 Constitution, alike, we are mentioned laws that develop the constitutional article 42 and the treatment to the family from the jurisprudence. In the same way, it inquire relevant assisted reproductive techniques and with this, the concept of surrogate gestation and its implications, taking as a reference some international experiences. At the end, the impact that a possible regulation of surrogate gestation may have on the domestic law is evaluated from the constitutional postulates and its repercussion on the lives of children, their families and society in general.Ítem Gestación subrogada: análisis desde la consagración constitucional de la familia(Universidad La Gran Colombia, 2021) Narvaez Garcia, Angelica Giovanna; Londoño Botero, Gloria Cristina; Paz, Jafet; Paz, JafetThis research pretend to analyzes a possible regulation of surrogate gestation in Colombia from the constitutional consecration of the family, as a right and as an institution. To approach the discussion, we start from the incorporation of the family in the 1991 Constitution, alike, we are mentioned laws that develop the constitutional article 42 and the treatment to the family from the jurisprudence. In the same way, it inquire relevant assisted reproductive techniques and with this, the concept of surrogate gestation and its implications, taking as a reference some international experiences. At the end, the impact that a possible regulation of surrogate gestation may have on the domestic law is evaluated from the constitutional postulates and its repercussion on the lives of children, their families and society in general.Ítem Garantías de los derechos del adulto mayor en el municipio de Ariguaní - Magdalena(Universidad La Gran Colombia, 2019) Cortina Martínez, Lizeth Paola; Arévalo Fonseca, Sandra JohannaÍtem Una mirada a la violencia intrafamiliar en el municipio de Zetaquirá, Boyacá entre los años 2016 y 2017(Universidad La Gran Colombia, 2018) Bautista Gutiérrez, Erika Esmeralda; Reyes Mendoza, Leidy Yobana; Lemus Díaz, Yohana Milena; Pérez Quimbaya, Libia PatriciaThe main work of this text is to show the causes of the intrafamily violence facts, in order to identify the generated consequences and plane strategies in order to decrease, control and mitigate that problem in Zetaquira (Boyacá) downtown. For develop the research, was used a qualitative focus and a non-experimental exploratory research design kind. As a collecting information tool were used the risk assessment for live and personal integrity, the one who helped to find situations which surround the intrafamily violence, and the “problem tree” known as cause-effect situations. It was taken a sample of 21 victim families, selected randomly through the “Intrafamily Violence analysis Unit”. After this was determinate the effectiveness of “protection measures” included en de 294 from 1996 law with their all modifications in order of guarantee the integral protection to the intrafamily violence victim’s rigths. Finally, looking for giving fulfillment to planted objectives was analyzed the collected info identifying most affected age groups, the kind of violence referred by victims, sex and risk factors which intervene.Ítem Los menores con ambigüedad sexual en Colombia: una realidad que no se debe desconocer(Universidad La Gran Colombia, 2019) López Guerrero, Laura Natalia; Otálora Moya, Yeimmy VivianaHermaphrodite, a word of eleven letters and five syllables that transports to the mind, almost immediately, the class of Biology of the school where they explained that this term refers to those living beings that have sexual characteristics of the male and female gender at the same time . Thinking about animals is usual, but thinking about human beings...? This degree work opens the doors of the mind and investigates a little known issue, but of great social and legal relevance: the configuration of the fundamental rights of minors with sexual ambiguity, intersex or hermaphrodite. Issues such as the completion of the "sex" box in the Birth Registry, surgical intervention for the purpose of normalization or reassignment of sex, the consent required to perform invasive and irreversible treatments, among others, are the main pillars that direct the course of this writing. In addition to the above, invites the reader to learn more about this minority and to be aware of the various problems that arise as a result of their condition, in order not only to inform, but also to sensitize the thinking of society.Ítem Derechos de los niños niñas y adolescentes a partir de la ley 1878 de 2018(Universidad La Gran Colombia, 2019) Feria Romero, María Paula; García Pérez, Sergio Darío; Otálora Moya, Yeimmy VivianaIn Colombia, Law 1098 of 2006 was reformed by Law 1878 of 2018 in response to the problems that existed in each of the administrative procedures. This new law reformed the administrative procedures such as conciliation, procedure for the non-observance of rights, the administrative process of rights, permits to leave the country, and everything related to adoptions. This law became the integral development of the minors in front of the programs that each of them handles to improve the emprendimiento and also in front of the prevention of facts that are generated day to day as they are it the intrafamiliarviolence and all type of affectation and violation that affects directly with the fundamental rights . Likewise, it is wanted to do the respective verification in the municipal commissioner of Chita Boyacá, since this police station and its team is giving a follow-up to all the cases that arise in front of issues related to restoration of rights, and to know in this way each one of the problems and needs that this population has. In addition to this, this work shows if the constitutional guarantees against the rights of children in a state of violation are being complied with, and if in each case their respective applicability is being given to each procedure for the restoration of rights.Ítem Análisis jurídico de la violación al principio constitucional de la doble instancia en el artículo 126 numeral 5° de la ley 1098 del 2006 sobre los efectos de la sentencia cuando se niega la adopción(Universidad La Gran Colombia, 2019) Franco Fandiño, Jazmín Adriana; Pinzón Garzón, Jairo Ricardo; Otálora Moya, Yeimmy VivianaÍtem Análisis de medidas especiales de regulación para el cumplimiento de la obligación alimentaria(Universidad La Gran Colombia, 2019) Caro Carreño, Jury Janiry; Espitia Hernández, Laura Argenis; Jiménez Bello, David Junior; Otálora Moya, Yeimmy VivianaThis research presents an analytical and reflective view, a phenomenon of non-attendance, a part of the characteristics that distinguish it and refers to the means and special measures to regulate this absence, in order to know a little more, what is this legal problem focused from the alleged non-observance. It is about identifying by means of an analysis in a reflection that seeks to generate awareness in the reader, carry out the search for real solutions, and in different contexts of society, a subject and a problem widely studied and that continues to be presented.