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.
