The Right to Life: Infringement on the Children’s Rights Through the Weakness of the Colombian Penal System(2012)
AbstractThis article discusses violations of children’s right to life in Colombia. In part I of this comment, I delineate the problem of violations of the right to life of the children in Colombia. I begin by introducing the international perspective on the right to life and its nexus with the nation state’s obligation in protecting children. I also discuss the criminal and psychological aspects of pedophilia, child abuse, and murder in Colombia. I finalize by exploring the reasons why the Colombian government penalizes these crimes the way it does and how this contributes to an increase of recidivist conduct by the offenders. In Part II, I discuss an opposing perspective of the problem by exploring the international perspective on the rights of the offenders. I introduce the opposing claimants and explain their justifications of why they do not support a reform on the Colombian penal code. I also discuss two attempts for modifications on the Colombian penal code: one attempt of allowing further control by the authorities on sex offenders after they are released from prison and the other attempt of implementing life imprisonment sentences. I finalize by explaining the reasons of why these modifications were not approved by the Constitutional Court of Colombia and the justifications that supported such decisions. In part III, I explore the legal system of Colombia and describe the way Colombian criminal laws penalize violations on the rights of the children. I discuss the history of the Colombian Penal Code and the reasons of why Colombia developed such criminal laws. I examine how Colombian governmental measures for criminal behavior deterrence have contributed to Colombia’s criminal reality. I provide three cases of violations on the rights of the children that serve as examples of the consequences of the current Colombian penal code. I finalize this section by discussing the way Colombian criminal courts decided these cases through the implementation of benefits and sentence reductions provided by the penal code. Part IV will emphasize the projection of the future of Colombian society and the effect on its future generations if the penal code is not reformed. I conclude in part V with recommendations for reforms on the penal code that would go in accordance with Colombian reality and that would protect the children’s right to life.
Citation InformationAlejandra C. Rosero. "The Right to Life: Infringement on the Children’s Rights Through the Weakness of the Colombian Penal System" (2012)
Available at: http://works.bepress.com/alejandra_rosero/1/