The phenomenon of drug use has traditionally been associated with primary criminalization, namely, the creation of criminal offenses. However, in recent decades this issue has been addressed in light of the constitutional framework, which has guided judicial decisions aimed at curbing the criminalization of consumers and recognizing that, in contexts of social exclusion, addicted individuals may be entitled to a reduction of sentence. This study seeks to analyze the different dogmatic approaches through which this social problem can be addressed in relation to criminal conduct, from the perspective of the principle of State co-responsibility. A qualitative methodology with a legal focus is employed, grounded in the review of judicial rulings, specialized doctrine, and the principles of the Social Rule of Law. This analysis paves the way to propose, de lege ferenda, the recognition of diminished imputability accompanied by security measures directed at the treatment of addiction in Colombia.
This article seeks to justify the need to enact a statutory law that comprehensively, systematically, and structurally regulates the fundamental right to freedom of choice of profession or trade in Colombia. A qualitative, documentary, historical-descriptive, and deductive analysis was carried out based on current regulations, the jurisprudence of the High Courts, doctrinal studies on the fundamental right to freedom of choice of profession or trade in Colombia, the regulation, inspection, and supervision of the practice of professions, and the reservation of statutory law and its interrelation with all these elements. It was found that, as a result of various historical and political dynamics, there is regulatory dispersion in the regulation of the practice of professions or trades in Colombia, structural legal gaps in relation to their institutional framework and functions, as well as the existence of various models of inspection and oversight that in practice generate confusion and inefficiency. It was also found that it is necessary to comprehensively, systematically, and structurally clarify the landscape of regulation, inspection, and oversight of the practice of professions or trades in the country through the enactment of a statutory law. To this end, the minimum elements that such a law should contain are proposed, since although the roots of this fundamental right are medieval and nineteenth-century, its evolution is necessary to adapt it to new times; otherwise, the existing system will remain obsolete, and its ineffectiveness will lead to the search for ways to circumvent it.
This work is part of a broader set of empirical research on criminal justice in Argentina. Specifically, it seeks to contribute to understanding the functioning of the Public Defender’s Office in the context of jury trials, given that this is an ambitious undertaking for the judicial administration and relatively new in the country. The study draws on interviews with members of the Public Defender’s Office, together with direct observation of the debates that take place in jury trials, in order to analyze what happens in practice.
This paper is based on the premise that, despite the advances and progress made in Mexico in terms of access to justice, there is data that shows a worrying trend both in terms of the quantification and recording of results, as is the case globally, and in terms of the quality of the data presented by the various agencies at the national, state, and municipal levels, specifically in the case of the state of Jalisco. This paper is based on the classification of policies implemented according to Francisco Garrido Peña, since the nature of these policies gives rise to different information in the reports and plans presented. Despite the existence of guidelines and methodologies, the development policies adopted by each agency end up obeying different intentions and conceptual frameworks, which leads to a lack of homogeneity.
Colombia is undergoing a major legal reform process in various areas, including education. In 2023, the national government submitted the draft Statutory Law on Education for debate. Is this an opportunity to guarantee the right to non-discrimination and equality for people with disabilities in the educational context? The short answer is yes. With the aim of contributing to the political discussion on education in the country, this article analyzes the Colombian State's obligation to guarantee inclusive education for persons with disabilities in compliance with international human rights law and Article 24 of the Convention on the Rights of Persons with Disabilities (CRPD). Based on this analysis, the opportunities and challenges facing Colombian legislators have been identified. It is concluded that there are at least three critical points for social and democratic discussion prior to the adoption of a new education law: equal opportunities for all, adequate investment of public resources, and the effectiveness of the measures adopted for inclusion.
This work is part of a broader set of empirical research on criminal justice in Argentina. Specifically, it seeks to contribute to understanding the functioning of the Public Defender's Office in the context of jury trials, given that this is an ambitious undertaking for the judicial administration and relatively new in the country. The study draws on interviews with members of the Public Defender's Office, together with direct observation of the debates that take place in jury trials, in order to analyze what happens in practice.
The study explores the comparative method in criminal law as a crucial tool for legal research and education. The authors examine its application in different legal traditions, while pointing out significant differences between common law and continental law approaches. They argue that globalization has heightened the need for comparative legal studies, as nations increasingly interact and adapt legal principles across jurisdictions. However, the research highlights challenges, particularly the strong differences in criminal law systems, shaped by historical, cultural, and political factors. The paper employs key methodological tools, such as analysis, synthesis, and modeling, which help structure comparative legal research. It also emphasizes the role of comparative law in overall legal harmonization and reform, while providing some insights into how legal systems define crimes, determine liability, and apply punishments. The authors conclude that comparative criminal law should not exist in isolation but as part of broader comparative legal studies, thus further contributing to the development of criminal law theory and practice. This research paper is particularly relevant in the context of Ukraine's legal integration with European and other world legal systems, demonstrating how comparative methodology can inform national legal reforms and improve the effectiveness of criminal justice systems worldwide.
Colombia is undergoing a major legal reform process in various areas, including education. In 2023, the national government submitted the draft Statutory Law on Education for debate. Is this an opportunity to guarantee the right to non-discrimination and equality for people with disabilities in the educational context? The short answer is yes. With the aim of contributing to the political discussion on education in the country, this article analyzes the Colombian State's obligation to guarantee inclusive education for persons with disabilities in compliance with international human rights law and Article 24 of the Convention on the Rights of Persons with Disabilities (CRPD). Based on this analysis, the opportunities and challenges facing Colombian legislators have been identified. It is concluded that there are at least three critical points for social and democratic discussion prior to the adoption of a new education law: equal opportunities for all, adequate investment of public resources, and the effectiveness of the measures adopted for inclusion.
This article examines the key trends, challenges, and prospects of digital transformation and the implementation of artificial intelligence (AI) in the field of medicine. With the advent of the fourth industrial revolution and the transition to a post-industrial economy, digital technologies and AI have significantly penetrated healthcare, changing the landscape of diagnostics, treatment, and administrative functions. The study explores the benefits of AI, including personalized treatment, accelerated diagnostics, and more efficient resource management. Simultaneously, it emphasizes the risks - ethical, legal, and data security concerns - which complicate the responsible integration of these technologies. Special attention is given to Ukraine's efforts in implementing eHealth reforms, expanding telemedicine, and incorporating AI in clinical practice during the ongoing war. International and domestic experiences are analyzed to assess the applicability and consequences of AI solutions in healthcare. The article concludes by underlining the urgent need for comprehensive legal frameworks, ethical standards, and data protection mechanisms to maximize AI's potential in medicine while minimizing threats to human rights and safety.
This paper considers the issue of users'rights protection, namely regarding the users of online games. Nowadays, the rules for using online gaming accounts are prescribed by the license agreements, which are mandatory for everyone who wants to get the access to digital service. However, such agreements oftentimes break the users' rights, giving large possibilities for providers who are openly abusing users. One of the ways to protect rights of users of online gaming accounts is to recognize their property rights regarding the in-game items. This approach is highly debatable, but there are arguments in favor of such. This paper is focusing on the status of online gaming accounts and in-game items as digital assets and looks into the possibility to extend property rights to these objects. Current issues regarding the rights and interests of users in relation to virtual world providers are also discussed as well as current regulatory landscape for digital assets, including online gaming accounts is briefly reviewed.
This article seeks to justify the need to enact a statutory law that comprehensively, systematically, and structurally regulates the fundamental right to freedom of choice of profession or trade in Colombia. A qualitative, documentary, historical-descriptive, and deductive analysis was carried out based on current regulations, the jurisprudence of the High Courts, doctrinal studies on the fundamental right to freedom of choice of profession or trade in Colombia, the regulation, inspection, and supervision of the practice of professions, and the reservation of statutory law and its interrelation with all of the above elements. It was found that, as a result of various historical and political dynamics, there is regulatory dispersion in the regulation of the practice of professions or trades in Colombia, structural legal gaps in relation to their institutional framework and functions, as well as the existence of various models of inspection and oversight that in practice generate confusion and inefficiency. It was found that it is necessary to comprehensively, systematically, and structurally clarify the landscape of regulation, inspection, and oversight of the practice of professions or trades in our country through the enactment of a statutory law. To this end, the minimum elements that it should contain are proposed, because although the roots of this fundamental right are medieval and nineteenth-century, its evolution is necessary to adapt it to new times. Otherwise, the existing system will remain obsolete, and its ineffectiveness will lead to people seeking ways to circumvent it.
This paper is based on the premise that, despite the advances and progress made in Mexico in terms of access to justice, there is data that shows a worrying trend both in terms of the quantification and recording of results, as is the case globally, and in terms of the quality of the data presented by the various agencies at the national, state, and municipal levels, specifically in the case of the state of Jalisco. This paper is based on the classification of policies implemented according to Francisco Garrido Pe & ntilde;a, since the nature of these policies gives rise to different information in the reports and plans presented. Despite the existence of guidelines and methodologies, the development policies adopted by each agency end up obeying different intentions and conceptual frameworks, which leads to a lack of homogeneity.
Human rights in constitutional acts are essential to building the legal framework of Europe and Ukraine. The topic is considered relevant since it is necessary to analyze the influence of historical, political and social processes on creating contemporary legal norms to protect human rights. Therefore, the study aims to assess the evolution of human rights in Europe's and Ukraine's constitutional law from the eighteenth to the twentieth century. Constitutional acts and international legal documents are analyzed with the help of historical and comparative legal approaches. Knowledge of the historical experience of constitutional acts of European countries and Ukraine in the second half of the eighteenth to the twentieth century is necessary to create basic legal systems and protect human rights. This work aims to elucidate the critical stages of human rights development in European countries' constitutions and the effects on Ukraine during and after the adoption of the Constitution of Ukraine in 1996. Thus, the study employs historical-overlocal and comparative methods to explain Ukrainians' responses to the European impact on their legal system. Issues of social and minority rights were gradually introduced into Ukrainian legislation, which proves the process of the country's European integration due to the significant liberalization of critical human rights values. The significance resides in recommendations on enhancing national legal tools to safeguard the rights of citizens effectively. The study's practical significance lies in identifying critical stages in developing human rights and recommendations for improving national legal mechanisms to protect social and minority rights. The findings can be used to further improve national legal systems in the context of European integration.
This research aims to address a contemporary issue related to the use of new technologies and the rapid development they generate. In this context, the law cannot remain indifferent to these changes. However, the metaverse continues to be an exceptionally complex scenario for the classical conception of law. Therefore, it is essential to analyze and reflect on the following questions: Where is the law heading? More importantly, what role does administrative law play in this new environment? By examining information and communication technologies (ICTs), we will explore both the classical and cutting-edge dimensions of administrative law to understand how interventions in the field of artificial intelligence—particularly within the metaverse—are currently being addressed. This leads us to the central question posed in the title: Does the avatar possess legal personality? While the answer may seem self-evident, the debate on this matter must necessarily involve administrative law in its role as the guarantor of public interest.
Purpose. Sales require the fulfillment of a solemnity for their perfection, as contemplated in the second literal article 1857 of the Civil Code. In contrast, the promise of sale does require solemnity, although more flexible, as established in the first numeral of article 1611 of the same code, since only literality is required. The latter will be the object of the investigation, since it can be reproduced in a smart contract. It is not only about transcribing a promise on a computer, but it goes further, applying the decentralized system of the Blockchain; which also allows the decentralization of information, thus creating an automatic "Backup" of the metadata that we enter. Methodology: Inductive- Qualitative of Comparative Law. Results. Colombia has great legal potential in technology and innovation, as demonstrated by its regulatory history. For decades, laws such as 270 of 1996 and 527 of 1999 have been fundamental pillars in the construction of a digital Colombia. However, it was not until the arrival of a global pandemic that business, contracts and judicial procedures were allowed to be carried out through new technologies. Even more relevant, this context promoted the creation of new offices and firms oriented towards innovation and technological integration in the country's daily life. Conclusions. By automating the obligations contained in a promise of sale, we will reduce the risks of possible errors or crimes in the contracts. Likewise, involuntary mistakes that could arise in these agreements are avoided.
Self-defense is a particularly important topic in the study of criminal dogmatics and has traditionally been the subject of significant debates regarding its requirements or components. For example, aspects such as pro- portionality, the necessity of defense, and the immediacy of the attack have been widely discussed. While there is consensus on these elements in most cases, this doctrinal agreement becomes less clear when it comes to defensive self-defense ("legitima defensa ofendicular"), which, broadly speaking, refers to the installation of defensive mechanisms against potential attacks. An example of this would be placing shards along the edges of walls to prevent intruders from entering a property. If this issue has long been a subject of debate, the discussion becomes particularly relevant in contemporary society, where technology is an indispensable part of daily activities. In this context, new cases emerge, such as reactions to attacks conducted by unmanned aerial vehicles or drones. Therefore, this study aims to analyze the implications of the theory of objective imputation within the dogmatics of defensive self-defense and its relationship with phenomena inherent to a technologized society. This will be approached through a qualitative methodology with a legal focus, structured around the study of the normative framework of the concept of crime. As a result, the research proposes that defensive self-defense should be examined as an element of objective imputation, specifically from the perspective of the permitted risk component.
The article examines the legal and ethical challenges associated with the integration of artificial intelligence (AI) into the regulatory frameworks of Colombia and the European Union, addressing the tension between technological innovation and the protection of fundamental rights such as privacy and intellectual property. Using a qualitative methodology based on a comparative analysis of regulations, ethical principles, and relevant case law, the study identifies regulatory gaps in Colombia, including the lack of clear guidelines on the ownership of rights in AI-generated creations and the absence of transparency in automated decision-making processes. The findings highlight how the European Union leads with its AI Regulation, establishing clear principles of safety, accountability, and non-discrimination, offering a robust model to balance public and private interests. In contrast, Colombia faces significant challenges in adapting its regulations to current technological complexities. The article concludes by proposing a hybrid approach that combines international standards with local particularities, strengthening technological governance and international cooperation to ensure inclusive, ethical, and sustainable development in the digital era.
The research presents the design of training mediated by Mixed Reality Simulations, based on the diagnosis of the functionality of the Municipal School Coexistence Committees (CMCE) in the Department of Santander, Colombia, presenting the theoretical foundations that consolidate the training scenario from a legal, institutional and pedagogical perspective, combined with a solid epistemological basis and cutting-edge technology. The research was qualitative, with a socio-legal approach. The main results show that training through immersive experiences that replicate real situations in the educational environment encourages the members of the CMCE to appropriate key concepts for its operation, as well as skills for the effective management of conflicts and the promotion of school coexistence, necessary to ensure a culture of peace in schools.
The objective of this article is to analyze the distinguishing elements among the concepts of data from a human perspective, computational data, open data, and open research data, in order to provide insight into their value in fulfilling two key interests: a general one, related to open science, and a particular one, linked to their potential as a source of wealth in commercial contexts based on intellectual property. To this end, a literature review was conducted using academic databases and the websites of multilateral organizations. The findings highlight a challenge for all countries, as political and economic power must align with the protection of human beings by ensuring ethical principles, appropriate regulations, and safeguards for both present and future citizens.
The contemporary environmental crisis poses a significant challenge to environmental law, which has historically been influenced by neoliberalism and an anthropocentric approach. This paper addresses the problem of the ineffectiveness of current legal instruments and devices in protecting the environment and materializing the rights of nature in Colombia. The research highlights how, despite regulatory and jurisprudential advances, the practical application of these rights faces serious limitations. Additionally, it was identified that environmental management mechanisms, although robust in their theoretical construction, are insufficient to address critical problems such as deforestation, pollution and loss of biodiversity; likewise, the weakness of the specific legislative framework to guarantee the rights of nature was observed, limiting its effectiveness. The article proposes the incorporation of information and communication technologies (ICT) to improve current environmental management, thus facilitating informed decision-making, surveillance and monitoring of ecosystems. It was concluded that it is essential to transform the relationships between the State, communities and environment-subject, promoting the biocentric paradigm that recognizes the interdependence between human beings and nature. This work aims to contribute to the debate on the need to reform environmental law in Colombia to make it more effective in protecting the environment and promoting sustainable development that respects rights in their entirety. To do so, a qualitative methodology is adopted, with an analytical-critical approach that combines the analysis of the evolution of environmental law, the review of judicial rulings and the study of existing environmental management instruments.
