Examinando DA. Trabajos de Grado - Biblioteca por Materia "Diversidad étnica y cultural"
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- PublicaciónAcceso abiertoLes Wayuu, l’Etat de droit et le pluralisme juridique en Colombie(Bogotá : Universidad Externado de Colombia., 2010-07-01) Gutiérrez Quevedo, Marcela; Courtois, GérardThis thesis through a case study is devoted to describing and analyzing the problems of legal pluralism in Colombia. The first part presents the historical, geographical and social Colombian basic features of social structure and culture of an indigenous group: the Wayuu. At multiple points of view that people have different canons of Western culture. They seized on this example, the diversity of human worlds and the need for the right to integrate the fact of pluralism. This issue is developed in our second part. We show the crisis of legal monism and classical concepts of criminal law. In the concrete example of the traditional mode of conflict resolution among the Wayuu, we highlighted the need for the rule of law to admit a legal and cultural pluralism of society that really has always existed. This openness to difference is secured to an abandonment of legal concepts and essentialist a priori especially in criminal law. This is the price that we can understand the ongoing reconstruction require that concepts such as crime, offenders and punishment. Our latest developments are dealing with decisions of the Colombian Constitutional Court, which recognized cultural diversity as a fundamental right to basic dignity of many communities existing in Colombia. We show how, over the last decade qf the twentieth century the constitutional power has been in our nation a protector of human rights. The debate remains open between universal human rights and human rights culturally constructed, for its part, the Constitutional Court decides on a case by case, vvithout generalizing its decisions, it is important to make into reality the legal pluralism which the Colombian society is cultural and juridical rich and is in its legal and factual context.