Legal personality: constitutional law violated of the street residents in the municipality of Bucaramanga
Keywords:
street resident, subject of law, administration, public policy, inclusion, identityAbstract
This article points to legally analyze possible solutions from a critical and proactive perspective, the situation faced by the people living in the street regarding infringement of the right to identity, basic and fundamental to the exercise of any experience in society within of a rule of law.
To address in depth the issue, it was necessary to define who are considered residents of street in Colombian law, and the importance of the identification card as identification par excellence, just as the right was studied the identity right from international standards, legal and jurisprudential to determine the impediments to which every inhabitant of street faces, for the recognition of the legal personality in the city of Bucaramanga. Since the fieldwork, the Legal Clinic Unab for Public Interest and Human Rights, in its line of street resident of the Autonomous University of Bucaramanga, established a direct link with some street people; through surveys that yielded figures of which are the violations to these people, which seek to apply the right to recognition of legal personality, through identification document with instrumental value for the exercise of certain civil, political, economic, social and cultural rights, is one of the main objectives of the Legal Clinic.
References
Convención Americana de Derechos Humanos (Pacto de San José) (1969). Recuperado de http://www.oas.org/dil/esp/tratados_B-32_Convencion_Americana_sobre_Derechos_Humanos.pdf
Declaración Universal de Derechos Humanos (1948). Recuperado de http://www.ohchr.org/Documents/Publications/ABCAnnexessp.pdf
López, M., Castillo, M. y López, D. (2011). “El derecho a la identidad como derecho humano. Cuauhtémoc: Secretaría de Gobernación Dirección General de Compilación y Consulta del Orden Jurídico Nacional Dirección General del Registro Nacional de Población e Identificación Personal”. Recuperado de http://www.ordenjuridico.gob.mx/Publicaciones/Libros2011/Derecho_a_la_identidad_como_derecho_humanoELECTRONICO.pdfhttp://www.ordenjuridico.gob.mx/Publicaciones/Libros2011/Derecho_a_la_identidad_como_derecho_humanoELECTRONICO.pdf
Pacto Internacional de Derechos Civiles y Políticos (1966). Recuperado de http://www.corteconstitucional.gov.co/relatoria/PACTO%20INTERNACIONAL%20DE%20DERECHOS%20CIVILES%20Y%20POLITICOS.php
República de Colombia (1991). Constitución Política de Colombia. Bogotá, Colombia: Editorial Legis.
“Unidad de Atención a Población Vulnerable, UDAPV” (2011). Recuperado de http://www.unicef.org/lac/4.1_COLOMBIA.pdf
Normas y leyes
L. 742/1930.
L. 39/1961.
L. 1641/2013.
D. 2241/1986
Corte Constitucional
CConst, C 109/1995. V. Naranjo.
CConst, C 511/1999. V. Naranjo.
CConst, T 043/2007. J. Córdoba.
CConst, T 092/2015. G. Ortíz.
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- Who is a co-author in the work for having participated in any of the stages of the research in any of the previous items (Official Journal of the European Union, 2005) [1]
[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).
