CIVIL LIABILITY FOR DANGEROUS ACTIVITIES: REESTABLISHING NEXUS BETWEEN PRIVATE JURIDICAL PERSONS AND HUMAN RIGHT VIOLATIONS IN COLOMBIA
PDF (Spanish)

Keywords

Torts
Dangerous Activities
Human Rights
Juridical Persons

How to Cite

Cespedes Báez, L.M. and Gutiérrez, A.M. (2012) “CIVIL LIABILITY FOR DANGEROUS ACTIVITIES: REESTABLISHING NEXUS BETWEEN PRIVATE JURIDICAL PERSONS AND HUMAN RIGHT VIOLATIONS IN COLOMBIA”, Vniversitas, 61(125), pp. 149–186. doi:10.11144/Javeriana.vj61-125.rcap.
Almetrics
 
Dimensions
 

Google Scholar
 
Search GoogleScholar

Abstract

This research paper proposes that the Colombian Supreme Court’s doctrine of liability for dangerous activities provides a useful framework to establish the nexus between juridical persons and human rights violations in the country. This article, based on an analysis of international and national law and doctrine on the subject, establishes that the absence of criminal liability of juridical persons in Colombia is a major obstacle to determining the contribution of these corporate structures to the Colombian armed conflict. This paper therefore explores other legal avenues
to redress the human rights harms caused by legal persons, like liability for dangerous activities, that do not entail structural legal reforms but using existing institutions.

PDF (Spanish)

This journal is registered under a Creative Commons Attribution 4.0 International Public License. Thus, this work may be reproduced, distributed, and publicly shared in digital format, as long as the names of the authors and Pontificia Universidad Javeriana are acknowledged. Others are allowed to quote, adapt, transform, auto-archive, republish, and create based on this material, for any purpose (even commercial ones), provided the authorship is duly acknowledged, a link to the original work is provided, and it is specified if changes have been made. Pontificia Universidad Javeriana does not hold the rights of published works and the authors are solely responsible for the contents of their works; they keep the moral, intellectual, privacy, and publicity rights.

Approving the intervention of the work (review, copy-editing, translation, layout) and the following outreach, are granted through an use license and not through an assignment of rights. This means the journal and Pontificia Universidad Javeriana cannot be held responsible for any ethical malpractice by the authors. As a consequence of the protection granted by the use license, the journal is not required to publish recantations or modify information already published, unless the errata stems from the editorial management process. Publishing contents in this journal does not generate royalties for contributors.