The Human rights of Colombia , Constitutional republic multiparty, have been marked by political violence, absence of legal processes or corruption, among other aspects, despite the fact that the constitution of this country includes regulations on these rights.
In the words of Noam Chomsky, a US philosopher and activist, Colombia holds the record of human rights violations in the Western Hemisphere.
Human rights within the Constitution of Colombia
In Chapter I of the Constitution of Colombia, articles are presented concerning the rights, guarantees and duties of citizens.
Highlights in this section are articles 11 and 13, which state that:
- The right to life is inviolable.
- All individuals are free and equal before the law from birth.
Other relevant aspects of this second section are:
- Right to privacy.
- Prohibition of slavery.
- Freedom of religion, expression and education.
- Free association in relation to workers.
- Right to participate in political life.
For its part, Chapter II of the Constitution presents articles concerning economic, cultural and social rights. In this section they emphasize:
- The family, being the basis of society, must be protected by the State.
- Men and women have access to the same opportunities.
- Children's rights, such as life, physical integrity, health, name and identity, take precedence over the rights of others.
- Education is free and compulsory from 5 to 15 years.
- All citizens have the right to social security.
- Workers have the right to work stoppages.
State of Human Rights in Colombia
The Colombian Human Rights reports analyze the state of the Colombian nation in the field of human rights.
The following are the results of the reports made in the years 2013, 2014 and 2015, which divide the rights situation in the following sections:
- Respect for the integrity of the person.
- Respect for civil rights.
- Freedom to participate in political processes.
- Corruption and lack of transparency in government.
- Government 's attitude towards international and non - governmental investigations of human rights violations.
- Discrimination.
- Rights of workers.
Section 1: Respect for the integrity of the person
The first section takes into account various aspects, including: illegal or arbitrary deprivation of life, enforced disappearances *, torture and other inhuman punishments.
- Legal or arbitrary deprivation of life
Political and illegal killings continued to be a problem by 2015. From January to June, there were three cases of aggravated homicides by government agents.
During this same period, ten members of the security forces were arrested for aggravated homicide or murder of a civilian.
A positive aspect of legal or arbitrary deprivation of life was the considerable decline in cases of civilians killed by military forces and reported as"killed in combat".
- Forced disappearances of individuals
Forced disappearances for political reasons still represented a problem for the nation. From January to July 2015, there were 3,400 disappearances, of which 59 were classified as forced.
- Torture and other inhuman punishments
Although the law prohibits such practices, reports of mistreatment and torture of detainees by police officers, military personnel and prison guards were reported. From January to June 2015, there were 28 incidents of torture.
Section 2. Respect for Civil Rights
In terms of civil rights, such as freedom of expression, internet access, education, reports show more positive results. In general, the Colombian government respects and promotes these rights.
In fact, to ensure the education of citizens, it is compulsory up to 15 years and free of charge in state institutions.
Section 3. Freedom to participate in political processes
According to the Constitution of Colombia, citizens have the right and duty to choose their rulers, participating in the elections, a right that is respected in Colombia.
Section 4. Corruption and lack of transparency in government
The Colombian constitution provides for punishments for officers found guilty of corruption.
Despite this, there are cases of corrupt officials who are not prosecuted; In fact, corruption, especially in relation to drug trafficking, is a serious problem in the State.
Section 5. Government's Attitude to International and Non-Governmental Investigations of Human Rights Violations
In Colombia there are various organizations that investigate the state of human rights within the nation.
In general, the Colombian government cooperates with these groups and is willing to listen to their advice.
Section 6. Discrimination
In 2011, the antidiscrimination law was created, which prohibits racial, social, gender, language, disability, sexual orientation, religion, political orientation and other discrimination.
With regard to women, although they are equal to men before the law, there are still cases of discrimination.
Similarly, the law prohibits rape; Regrettably, there are still cases of violations.
In June of 2015, the congress of Colombia created a law against the feminicidio (the murder of a woman by the fact of being woman); According to this law, the sentence for femicide is 21 to 50 years (longer than the sentence for murder, 13 years), without the possibility of suspension or reduction of sentence.
On the other hand, with reference to the Jewish community in Colombia, which has approximately 5000 members, cases of anti-Semitism were reported, such as negative comments in social media and a case of vandalism to the menorah statue in Bogota.
With reference to children, from January to June 2015, there were 3451 cases of child sexual abuse.
Section 7. Workers' Rights
According to the laws in Colombia, workers have the right to organize in unions and carry out legal stoppages. This law excludes members of cooperatives and members of the armed forces.
On the other hand, the law prohibits taking into account gender, sexual orientation, color or nationality when hiring an individual, as well as discrimination within the area of work.
References
- Text of the Constitution of Colombia (1991). Retrieved on March 16, 2017, from confinder.richmond.edu.
- Frame, Mariko. Human Rights in Colombia Retrieved on March 16, 2017, from du.edu.
- Colombia 2013, Human Rights Report (2013). Retrieved on March 16, 2017, from state.gov.
- Colombia 2014, Human Rights Report (2014). Retrieved on March 16, 2017, from state.gov.
- Colombia 2015, Human Rights Report (2015). Retrieved on March 16, 2017, from state.gov.
- Byrsk, Allison (2008). Communicative Action and Human Rights in Colombia. When words fail. Retrieved on March 16, 2017, from scielo.org.
- 7) Human rights in Colombia in 10 numbers (2016) Recovered on March 16, 2017, from amnesty.org.