Análisis jurídico a la violación de la dignidad humana en el documental La eterna noche de las doce lunas y el argumental La flor del desierto
Keywords:
Human dignity, rape, wayúu community, ablation, indigenous jurisdiction, law, women and girls, human rightsAbstract
In this article of research and legal reflection, is intended to determine whether the violation of human dignity is generated or not to practice rituals and customs such as female genital mutilation and the closure of some indigenous peoples or communities of Africa. “For this is takes the argumental The flower of the desert and the documentary The eternal night of las Doce Lunas, Desert flower, in which subjects are exposed as the suppression of the human will in women and girls. In the case of Colombia, discussed whether this situation is a direct result of the autonomy given by the State to indigenous peoples through article 246 of the Constitution politics in Colombia, or if on the contrary, such violation occurs through the negligence of the state to ignore the norm in its article 93 of the Constitution either called constitutionality block, which enables the sidelining of the human being from an anthropological point of view and in the woman or girl is used as an end within the indigenous community, and not as a means
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[1] Law 93 of 1998, judgment C-1023/12 of the Colombian Constitutional Court- 14. At first, the judgment in question carried out a complete study on the constitutional protection of copyright, based on its consecration in article 61 Political Constitution of Colombia 1991 Thus, it established the following rules in this regard:
14.1. From the national and international regulations on the subject, it is concluded that the legal protection of copyright falls on all those creations of the spirit, in the scientific, literary or artistic field, whatever the genre, form of expression, and regardless of the literary or artistic merit, or its destination. Within this protection, and in the aforementioned terms, books, brochures and other writings are included, without excluding any species. 14.2. Copyright contains two types of prerogatives: moral rights, which are related to the faculty of the creator, as a natural person, so that his work is known and maintains its integrity and ownership, so they are personal, extra-patrimonial, imprescriptible, inalienable, and inalienable. Moral rights, in this sense, deal with (i) the right to disclose the work; (ii) the right to recognition of intellectual paternity; (iii) the right to respect and integrity of the work, preventing unauthorized modifications to it; and (iv) the right of withdrawal, which allows the author to withdraw it from the trade.
On the other hand, the author's economic rights have, as its name implies, economic content and are concentrated in the payment to the creator or the natural or legal person who owns the rights for those activities that involve the exploitation of the protected work. Among the variables of these faculties are (i) the right of material reproduction; (ii) the right of non-material public communication, representation, public execution and broadcasting; and (iii) the transformation, translation, adaptation and musical arrangement, as well as any other form of use of the work. Intellectual property rights. Employers and / or funders must ensure that researchers benefit, at any stage of their careers, from the possible exploitation of their R&D results through adequate legal protection, especially in the area of intellectual property rights protection and of copyright. Policies and practices should specify the rights that correspond to researchers and / or, where appropriate, their employers or other interested parties, including external commercial or industrial entities, as envisaged possibly under specific collaboration agreements or other types agree. Co-authorship. When evaluating staff, institutions should positively value co-authorship as it demonstrates a constructive approach to research practice. Therefore, employers and / or funders must develop strategies, practices and procedures that offer researchers, including those who are at the beginning of their careers, the necessary conditions so that they can enjoy the right to be recognized, mentioned and / or cited, within their actual contributions, as co-authors of reports, patents, etc. or publish the results of their own research, independently of their supervisors ("The Commission of the European Communities", 2005).
