Posts Tagged ‘Tutela’
The cost of rights
One dimension that critics of the Constitutional Court often forget is that all rights involve some spending. That is why we must take into account both the costs and the benefits of a judicial decision.
Read MoreExecutive Summary Decision T-543 of 2017
The Constitutional Court held that the Superintendency of Industry and Commerce censored the organization Educar Consumidores, and it cautioned the Superintendency that henceforth it could not exercise prior control over informational
contents.
Colombian Youth File the First Climate Change Lawsuit in Latin America
25 young people are demanding the government halts deforestation.
Read MoreWith tutela, 1,700 male and female peasants ask to be included in the census
“For peasants to count, they have to be counted,” is the slogan of the plaintiffs who have been rejected by the government during the last two years after asking to be identified in the 2018 census.
Read MoreThe Constitutional Court has the last word to save the Ciénaga Grande of Santa Marta
The environmental crisis of this ecosystem led fishermen to pursue a legal battle that reached the High Court. In this intervention, we support their demand that environmental authorities take urgent measures to stop the disaster and thus, protect their rights to healthy environment, dignified life and work.
Read MoreThe Constitutional Court has the last word to save the Ciénaga Grande of Santa Marta
The environmental crisis of this ecosystem led fishermen to pursue a legal battle that reached the High Court. In this intervention, we support their demand that environmental authorities take urgent measures to stop the disaster and thus, protect their rights to healthy environment, dignified life and work.
Read MoreWrits of Constitutional Protection and Judicial Congestion
Levying some type of cost on entities that violate fundamental rights is a better strategy for avoding judicial congestion than recurring proposals asking for more money and more judges for the judiciary.
Read MoreColombia Diversa and Dejusticia Registered a Citizen Petition in LDM and RPA’s Writ of Constitutional Protection Process, Acting in Their Own Name and in Representation of their Children S and SVP
Submitted with Mauricio Albarracín Caballero, Eliana Robles Pallares y Mávilo Nicolás Giraldo, Colombia Diversa’s executive director and members of the litigation team.
Read MoreDejusticia Asks the Court Not to Annul Its Ruling About Women’s Right to Voluntary Pregnancy Interruption, Following a Request from the Public Prosecutor’s Office
The Constitutional Court has announced that if one of its rulings constitutes an ostensible, proven, significant, and transcendental violation of due process, it itself will proceed to declare the annulment of that decision.
Read MoreThe Displaced Persons’ “Tutela” Writ
While eveyone discusses the “tutela” writs of Mayor Petro’s case, the 10th anniversary of perhaps the most important tutela decision of the Colombian Constitutional Court has been forgotten: the T-025 of 2004. Since then, then, this decisions has been protecting the rights of five million colombians that are victims of forced displacement.
Read MorePetro’s Options and the Inter-American System of Human Rights
The mayor has three possible lifesavers. One is political and highly unlikely – that the President will not execute the order. Another is legal and unpredictable – the outcome of the numerous “tutela” writs presented before the courts. And the other one is international – appealing to the Inter-American System. Will this last one work for him?
Read MoreA Surgical Judicial Reform?
The recent scandals about corruption in the Judicial branch are serious and they add to other deficiencies of the judicial system, like it’s slowness in certain areas. Some, therefore, propose a total reformation of the judicial system, as if it had collapsed.
Read MoreTutelas Against Sentences
The problem that is discussed in this document is: What can we do to avoid those “train crashes” that do much harm to justice, and therefore to the whole country?
Read MoreThe Guardianship Reform: Adjust or dismantle?
This article debates the three large controversies stirred up by the guardianship reform. (1) It asks in what measure guardianship has been a factor of congestion and what to do with the possible congestion that it has caused. (2) It asks in what way legal action has caused legal insecurity and has affected the court. (3) Finally it asks whether or not reform is necessary for maintaining guardianship for social rights. The article analyzes these three points and tries to review the situation and the terms of debate in respect to each issue in order to offer perspectives about a solution.
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