BLOQUE DE CONSTITUCIONALIDAD RODRIGO UPRIMNY YEPES PDF
By: Rodrigo Uprimny Yepes | December 12, El texto sintetiza el alcance del bloque de constitucionalidad en Colombia, como figura que permite la. César rodríguez garavito, La gLobaLizaCión deL estado de dereCHo (). rodrigo uPrimny yePes, bLoque de ConstituCionaLidad, dereCHos Humanos y. Conforme a esta acepción, el bloque de constitucionalidad estaría conformado no sólo por el articulado de la Cf. Rodrigo Uprimny Yepes, a. TC.
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I would like to thank Prof. October 15 thAcceptance date: November 6 thAvailable online: November 30 th Yepe article explores the potential effects of the use of human rights in framing claims for achieving social change.
The discourse of human rights provides a conception of social justice based on dignity and equality. Thus, calling upon the human rights discourse can support social justice and land claims. However, in practice, the effects of a legal mobilization of the human rights discourse include dodrigo only benefits, but also dilemmas and risks for social and political struggles.
I argue that utilization of the human rights discourse seems not to be an ideal strategy for achieving social change and the protection of land rights. However, in some contexts this discourse strongly contributes to the empowerment of underprivileged and excluded people, making unjust situations visible, and offering an alternative reality based on equality and dignity.
At the very least, it can become a symbol of those ideals, inspiring social mobilization for change. Sin embargo, en algunos contextos, este discurso contribuye a empo-derar a las personas o grupos tradicionalmente excluidos, haciendo visibles situaciones injustas y ofreciendo una realidad alternativa fundamentada en igualdad o dignidad.
Background – The Las Pavas case. Violence and Forced Displacement. B,oque Local and Regional Government Intervention. Land Disputes bloqur Problems of Property Titling. Asymmetry between the Parties.
The two faces of law and human rights within social justice and land claims. The protecting and empowering uprinny of law and human rights in the Las Pavas case. The unprotecting and disempowering potential of law and human rights in the Las Pavas case. The human rights discourse provides a conception of social justice based on dignity and equality.
Thus, the language of human rights can support the claims to social and political reform made by activists, victims, social organizations, and social movements with transformative agendas. However, the legal mobilization of this framework can have two faces in the protection of rights.
On one hand, it may offer a political space for reform founded on a language legitimated by a global consensus, and thus it possesses a protecting and empowering potential. On the other hand, legal mobilization of the human rights discourse may generate risks or limits to emancipation, which means that it may involve an unprotecting and disempowering potential. In particular, the legal mobilization within the institution of criminal justice may have this effect of unprotecting victims. Contributing to the literature on rights, legal mobilization, and emancipation, 1 this paper explores the two faces of the legal mobilization of the human rights discourse by specifically analyzing the Las Pavas case.
Above all, the issue at stake is how the legal mobilization of this discourse within social justice and land claims operates in practice.
I will analyze the two faces of human rights law within land claims in Colombia following the dispute-processing model, which is based on a dynamic perspective that considers the dispute as one event among several linking persons and groups. As a result, the focus of attention in this model is process, interaction, decision-making, and agency.
The emergence and transformation of disputes may be explained using the theoretical framework of “naming, blaming, and claiming. The methodology of the disputing approach is based primarily on the case method. It seeks to examine how the law works uorimny to understand the role of an institution and the meaning of the conflict for the parties, taking into account their origins, context, and relationships.
Some scholars have criticized the disputing process paradigm because its micro-level approach is considered ineffective in the study of political and power relationships. This analysis will show the role of the law within contexts of social inequality, domination, and social justice claims. The dispute analysis involves the examination of the sociocul-tural context, social structural variables, the relationship between the parties, and individual characteristics such as class, ethnicity, gender, and age.
In the s, Constituvionalidad left the farm, allowing the peasants from a neighboring village to begin partial occupation and use of the lots in During the following years, the peasants slowly reoccupied the land they left due to the lack of alternative economic activities and the demobilization of some paramilitary groups.
Following this procedure, in Junean INCODER representative visited the farm and witnessed the occupation and agricultural activities by the peasants. In Septemberan armed group threatened the peasants of ASOCAB and destroyed their crops, generating a second forced displacement.
In MarchEscobar transferred the title of the property and delivered the land to the Labrador Consortium, a group of powerful corporations that operate palm plantations. In the context of the Colombian armed conflict, forced displacement is a recurrent crime. This has generated the dispossession of 6, hectares by force or violence, which is about In the region, there is a broad conflict between two rural development models.
On one hand, there is a traditional model that is based on the traditional agricultural practice of local farmers, which is mainly the sowing of basic crops aimed at ensuring the subsistence of their own family and community, and meeting local and regional demand. They argue that the traditional model preserves the customs and traditions of local communities, an argument which borrows from claims to cultural preservation raised by indigenous movements.
On the other hand, there is an agro-industrial bllque that encourages the investment of large corporations in monocultures, such as palm oil. Private corporations and the Bloqeu national government 21 have promoted this model within national and global discourses of rural development and rodrigp. This discourse suggests significant cultural, political, and economic transformations.
Critics of this model have highlighted its negative effects. Primarily, the agro-industrial model increases vulnerability of local communities and facilitates the dispossession of peasants, turning them into landless people.
rodrigo uprimny bloque de constitucionalidad pdf file
The agro-industrial model and monocultures also reduce local production of food, affecting availability of basic foods and increasing food prices. Furthermore, monocultures and intensive agriculture entail environmental and social costs. In the Colombian internal armed conflict, rodrigoo issue of land has played a central role as one of its causes, objectives, and consequences. There are serious issues of unequal distribution of land ownership and forced dispossession in the country.
These conditions have generated generalized problems regarding the clarity of property titles, which allows usurpers to easily “legalize” the dispossession. The Las Pavas case evidences this complex situation of uncertain property titles and land disputes. In fact, Palmas de Tumaco S. First, this company “did not fully trust the land titles of the Las Pavas farm. Its purpose was “producing, marketing, and processing agricultural products, developing agro-forestry and pasture programs, yeped healthcare services to the community, increasing awareness and training for the purpose of assuming a leading role in the modern State, and highlighting the history of organizations, assuming leadership in locating productive employment to elevate economic living conditions.
The Las Pavas community is an example of the constitucionalidsd development model. Peasants of Las Pavas have used the land for self-subsistence and small-scale agricultural production. In their agricultural activities, they have attempted to maintain their traditions based on a sacred meaning of territory. It is important to note that their social relationships are based on solidarity.
This consortium’s main “objective is the production of oil for bio-diesel.
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This major business opportunity will be further enhanced through the establishment of a free trade zone in the area. There is an unequal political, social, and economic power relationship between ASOCAB and the Labrador Consortium, and this inequality is reproduced in the advantages that the consortium has in rovrigo to justice and institutional mechanisms for dealing with the conflict.
Misael Payares, one of the leaders of the Las Pavas community, highlights this disparity: This asymmetric situation is central to Marc Galanter’s explanation of why the “haves” tend to come ahead. Galanter highlights that these parties have several advantages, such as i their strategic social and economic position; ii their ability to buy specialized and skillful legal services; iii the existence of favorable rules; iv updimny passivity, cost, and delay of legal proceedings; and rovrigo barriers of institutional facilities.
The asymmetric relationship has affected possibilities of achieving a negotiated solution to the conflict. In andthere were constiitucionalidad attempts to avoid the institutionalization of this conflict. According to Jane F.
Nevertheless, law plays a role in producing such differences in two ways: Thus, the fact that law is constructed to deal with abstract individuals whose equality is assumed both makes invisible and legitimates real inequalities. Given these inequalities, local, regional, national, and international actors have supported the community of Las Pavas to reduce their asymmetric relationship with Labrador Consortium, and to strengthen the peasants’ ability to interact with state institutions and the consortium.
Law may be understood as an arena for the promotion of interests, 39 a site of constitucuonalidad, 40 or a site of competition for the creation of meanings. Therefore, law not only reinforces bloquue through the making of consciousness, but law also shapes and is shaped by oppositional practices. According to this logic, law may actually protect the interests of the subordinate class for two reasons.
First, the role of law as a hegemonic legitimizing tool must incorporate elements of justice within the law, because “the essential precondition for the effectiveness of law, in its function as ideology, is that it shall display an independence from gross manipulation and shall seem to be just.
It cannot seem to be so without upholding its own logic and criteria of equity; indeed, on occasion, by actually being just.
When it ceased to be possible to continue the fight at law, men still felt a sense of legal wrong: Moreover, law has a liberating potential within struggles for transformation of power because symbols of law are multi-vocal. The multiplicity of meanings implies “the fact that never only but always many worlds are created” within the practice of creating legal meanings as framed by culture.
As a result, people may manipulate rodriggo rhetoric in courts and in other sites of oppositional practice to resist domination. These practices of resistance may remake relations of power through transformation of the systems of meaning and beliefs originally imposed by the bloqie class. Specifically the political and moral conception of social justice within the human rights discourse, founded on dignity and equality, is considered as justification of the resistance against regimes of domination and subordination.
As a result, subordinate groups have mobilized rights to contest power using constitucionalirad discourse of law, not only within the legal arena, but also for political resistance as a source of standards. On the other hand, resistance within the law has limitations. According to Thomas Uptimny, law establishes hegemony and a language of control, which uepes and regulates political struggles and empowerment. For instance, laws and legal actors construct social identities of virtuous and respectable individuals non-criminal as opposed to dangerous people criminalbased on the authority of the state.
This distinction between the criminal and non-criminal involves a powerful system of discipline and control. The definitions of right-holder and victim determine who ye;es entitled to claim rights and which rights can be claimed.
The process of defining categories is a process of both inclusion and exclusion of some individuals, groups, and situations.
In addition, the law has the power to orchestrate, mediate, and contain political struggles. This means that resistance occurs within the order created by the law. People presenting narratives within the judicial proceedings must try to describe bloqje according to the boundaries established by the law, in order to be considered right-holders and victims.
Consequently, the constitucionalidax determines the self-understanding, self-presentation, and self-representation of individuals and communities in dialogue with the state. Thus, strategies of resistance within the law involve the incorporation of those opposed to the power structure, and the transformation of their self-representation and their approaches.