El delito de inasistencia alimentaria y los derechos del menor en Colombia

Abstract

The crime of food insecurity is a scourge that has led society to begin the criminalization of family absence by parents to their descendants or vice versa, for the State the most important thing is that children can be assisted food of satisfactory way, that their parents can generate income in order to achieve a quality of life relevant to the age of infants and their rights are not violated and they are deprived of the care they deserve. This is an essential goal where actions are taken that allow minors reach a harmonious and integral development, in aspects of biological, physical, psychological, intellectual, family and social. However, in decisions by the high courts, it has been left to see the effect of the rights of minors in decisions that are made, since it is justified in a certain way to the father for his breach or theft of food when it lacks certain resources, justifying that the State does not have the character of benefactor, on which people depend, arguing that their function does not materialize in charity, but in the recognition of their capacities of each individual, with the purpose that each one can achieve , by itself, the satisfaction of their own aspirations, leaving in this way in an unprotected legal limbo to the minors.