Sustracción de la capacidad jurídica de las personas con discapacidad intelectual/cognitiva o mental/psicosocial víctimas del conflicto armado colombiano

Abstract

Through this work we sought to perform an analysis to know what the legal treatment given to victims with intellectual / cognitive disability or mental / psychosocial victims of the Colombian Armed Conflict on access to administrative compensation from the perspective of the Convention on the rights of persons with disabilities (CDPC) of the United Nations, more recent international instrument that develops directly and specifically the guidelines aimed at guaranteeing the rights and dignity of persons with disabilities, and provides for States hand, a new challenge in the development of policies and programs for the promotion, protection and humanization of its contents. Consequently, a conceptual approach was performed in order to familiarize definitions related to the subject, as it has been one of the failures encountered in the implementation of the policy of comprehensive care and victims in Colombia in the last 2 years repair. Later the situation of persons with Disabilities shown, referred to above, including the study of the Colombian legislation address the issue, in the jurisprudence issued by the Constitutional Court from the judgment C- 574, 2004, and their cars tracking, Auto 006, 2009 and specifically Auto 173 2014, in that sense, it was considered relevant to bring up a case of a public entity at the national level in which it was possible to understand and analyze actions taken on the issue at hand. Finally, the progress that has been Colombia regarding the apprehension and application of international standards on this issue from the point of socially and politically, effects and transformations of this phenomenon and the positive social impact that results in the analyzed guarantee rights, vs the negative political impact, given that weaken the autonomy and sovereignty of the Colombian government to legislate its own rules after the entry into force of international standards incorporated via block Constitutionality our Colombian law and therefore binding