Skirting To Hide Pipes

Defending the right to humane treatment and the prohibition of the use of poisonous weapons and the disproportionate use of force

The constitutional guarantee of respect for personal integrity is its development in political rights in banning the use of firearms and toxic substances to control peaceful demonstrations. This was enshrined in Articles 46, 53 and 68 of the current Constitution. In these prohibitions is added the prohibition of disproportionate use of force contained in " The Basic Principles on the Use of force and fire arms by officers enforcing the law "(Resolution No. 45/111 of the General Assembly of UN of 14/12/1990) and" The Code of Conduct officials law enforcement "(Resolution No. 34/169 of the General Assembly United Nations of 17/12/1979). These prohibitions as part of our domestic law, in accordance with Articles 19, 22 and 23 of the Constitution.

The violation of these prohibitions by the police and military officials constitutes cruel, inhuman or degrading treatment, no exception, as noted UN in comment General No. 20 on Article 7 of the International Covenant on Civil and Political Rights (44 session, 1992). That when part of a systematic or widespread persecution, and intentional on the part of government officials against groups or communities based on political reasons, or exclusive, which are unacceptable under international law to deprive them of their rights to assemble and express publicly, without permission, and intentionally causing great suffering or injury to serious injury to health or physical safety of persons, crimes against humanity (Art. 7, Statute Criminal Court International). These crimes as well as being inalienable, the State is obliged to investigate and sanction when committed by authorities and fully indemnify the damages to the victims of such violations, as provided in Articles 29 and 30 constitutional and the Prosecutor before the Court International Criminal can automatically call your research and that this Court can if the State has jurisdiction to prosecute not willing to carry it out, or not to prosecute any, or if the trial starts to remove those responsible for the jurisdiction of this Court, or in cases of undue delay or biased prosecutions (Arts. 15 and 17 Statute of the Court International Criminal ).

course are aggravating elements, and evidence of these violations, contempt of officials responsible for monitoring the bans demonstrations to commit acts of propaganda, militancy or political propaganda, to justify the use of poisonous weapons desprorpocionado or use of force, for reasons or political or ideological reasons as happened in the march on August 22 against the enactment of Organic Law of Education, when the commander in charge of monitoring the progress in Instead of calling on demonstrators to calm, if indeed it was disturbing the peace, however, excused the use of toxic gases released within the wider discretion, even in subway stations closed without prior warning some, with political arguments and expressions of intimidation and warmongering against opposition groups in general, exclusive content for their political rights, general as I listen to the audiovisual media, which is a notorious fact communication.

In this regard, to illustrate the elements that, according to Resolution N ° 34/169 of the General Assembly Nations adopted by the United 17.12.1979 " The Code of Conduct for Law Enforcement Act " define the disproportionate use of force as a cruel, inhumane and degrading treatment, are outlined below:

1) The illegitimacy of the use of force , where their use has no legal basis (Eg, use prohibited toxic substances and firearms);

2) Qualifying Agent: who uses force is a State official legally empowered to do so (officers and guards National Guard and police from the Metropolitan Police )

3) The nature of the act : Overuse occurs in the exercise of public functions by the agent (control events);

4) The disproportion between means and ends: The use of weapons or lethal toxic individuals or groups against unarmed. Only possible use of force when strictly necessary and to the extent required for the performance of tasks without flout constitutional prohibitions on the use of firearms and toxic substances;

5) Opportunity: If the victims are defenseless, resort to the use of toxic or potent weapon to use excessive force becomes a form of abuse or cruel, inhuman or degrading .

Naturally, they were found in the control of movement of the August 22, 2009, the toxic substances used harmful to personal integrity and physical health demonstrators and justified by political and ideological use as a means of depriving a population group of their right of assembly and demonstration in certain sectors capital. Made this worse by the actions of a military officer who was constitutionally prohibited acts of militant propaganda or political proselytism, and by the support that he gave his illegitimate action the President of the Republic in his Sunday program of 23 August, who said that " had talked with the Commander of Core 5 National Guard , Antonio Benavides Torres, who harangued the soldiers then penalizing those who marched on Saturday to reject Law Education and therefore congratulated him ("El Nacional", of 24.08.2009, p. 2, Nation). In this regard it is worth remembering that the concept of military security policing applied to preclude the public safety concept of modern constitutionalism. According to this principle in peacetime internal security must be in the hands of the police under a civilian and a civilian also design because, as stated, held in Lima in 1999, the principle of security distinguishes citizen soldiers who are about closed boxes are educated under the due obedience and can not think to events, but just shoot when they are ordered, and the police is a complete tactical unit has to solve the problems on the street and so is able to decide what should be their conduct to a made concrete in a moment. For Finally, the concept of military security, which involves the militarization of the police, was defeated in the referendum of December 2, 2008.

Román J. Duque Corredor

President of the Academy Political and Social Science

1/8 By 1/8 Balsa Wood

educational freedom and the new Education Act

Known text promulgated the Organic Law of Education , arise following comments:

1) enshrines the concept of the state teacher supply is not constitutional, because the condition of inescapable role of the state and public service, ascribed to the Constitution to education, are not to conclude for themselves to teaching as such is only the State, precisely to ensure that education is interpreted as a state exclusive jurisdiction, and that the State did not use the education system to print to certain dominant thinking education, which undermines the right of parents to decide on the education of their children and allow only the state uniquely determine the orientation of educational material.

2) In addition, education is stated as "secular", when the constitutional text only qualify as democratic, free and compulsory, and as well for freedom religion and worship, the right to profess a religious faith involves the right to teach, and therefore is constitutionally recognized parents the right to have their children receive religious education in the schools where they are educated.

3) Set the new law regulating education is based on the doctrine of freedom and Simon Rodriguez, who aside thoughts that are only linked to a time and a historical culture, can be interpreted in one ideological or political meaning, to the detriment of the principle of educational freedom, because political management that has made her work and the identification of these doctrines with the creed of the ruling party. For example, within the aims of education set out to form "new Republicans and new Republican" who are so vague and generic concepts that support a single interpretation on what is meant by such concepts. And others, training citizen must be under a "geographic and historical approach" and a part of "a new endogenous production model." That, plus it is not doctrine or the Simon Bolivar and Rodriguez, are also indeterminate concepts, ambiguous, imprecise and exclusive and identified with use has made them the official ideology. And in general, establishing the new Act that the educational process should be directed in the sense that happiness is achieved through an inclusive socio-economic structure and a new production model social, humanist, endogenous, it affects education in a single economic and ideological orientation, which goes against freedom educational and academic.

4) Declaring that education is secular, and punishable with severe penalties to the violation of the principles of law reviews, including the closure of educational establishments, the inclusion of religion in the curriculum of study could be labeled as contrary to the principles of the Act and therefore would result in such penalties under the Act , despite recognizing the right parents that their children are given religious instruction in schools.

5) are created to the existing structures in schools and universities, educational and popular councils, student councils, etc., Which weaken the parent-teacher associations, or university and faculty councils or school or student centers, to incorporate community organizations outside the existing structures of the international educational community. This decision compromises the freedom of teachers and parents, and of course the university autonomy and allows the interference of external factors in schools. School management in these centers could be controlled from outside by the interference of such factors in the organization and management of educational communities.

6) The new law extreme supervision and control over the educational community and primarily on private institutions. For example, monitoring committees could be created "ad hoc" of schools. Already President has announced, which means the creation of "educational commissioners" for the control of education.

7) A fourth (quarter) of Act, whose purpose is the development of the educational system is, however, with the creation of punitive administrative violations in transitional arrangements, virtually on teachers, students and representatives, and even on social media.

8) Within sanctions enshrines greater discretion to qualify generic faults. For example, the closing or reorganization of private educational institutions if the competent Ministry of Education, believes that they undermine the principles established in the Constitution in Organic Law of Education (eg, against the doctrine Simon Bolivar and Rodriguez), in which case the owners, principals or teachers are punished with disqualification for ten years for the performance of teaching or administrative positions in any stock. This penalty is disproportionate to the right to work, especially when there are no objective criteria to determine the application of the sanction.

9) The law allows more discretion to the Executive to fully delegate the regulation of its principles (social responsibility and solidarity), the regulatory regime institutional assessment of educational institutions, the school system's basic education system, the transitional arrangements for admission and promotion in teaching, among other subjects. It also goes against the legal reserve as on sanctions applicable to staff members is delegated to the executive regulation rules para aplicar las sanciones y para tramitar los recursos correspondientes, así como lo relativo a la gradación de las sanciones, los órganos que las aplicarán y los recursos que podrán ser ejercidos por los interesados.

10) La Ley considera integrantes de la comunidad universitaria además de los profesores y estudiantes, al personal administrativo y obrero y a los egresados, dándoles igualdad en el voto para elegir las autoridades universitarias, contrariando la Constitución. Se desconoce que la igualdad en el voto se da entre iguales y no entre desiguales, y que en los casos de órganos mixtos el principio is not the equality of the vote but the proportionality between the different sectors. Just as teachers do not vote for union leaders, not the staff or workers can vote to choose the university government. And about the student vote is proportional, since there is not equal to teachers, because those are students and their teachers. And in relation to the graduates they are not assets, because they left the University and only their part to be represented. The co-governance does not, in joint bodies, equality of the vote, but proportionality and representation.

11) The new law contradicts the principle of university autonomy which provides that the relevant rules on admission of students is determined by the special law on higher education and not by the universities themselves and attributing to the competent national bodies in education in an exclusive manner the entry of students into tertiary education institutions and private national and attributed to the special law and university policy not to intellectual creation and graduate programs higher education and the evaluation and accreditation of members university community, among other matters within its autonomy. And equally, when one considers that the competent national bodies in education and will govern the control of university governance rules concerning the exercise of political rights for the election of this government.

12) Academic freedom is defined only in respect of methodological approaches and theoretical perspectives, but omitted to include self-critical and free thinking and expression, although under the new law are guiding principles of education.

13) The establishment within the education sub-unit training for the knowledge, understanding, use and critical analysis of content of media , suggests that seeks to promote education as a general principle a bias against the existence of independent media and that they generally act to misinform.

Y;

14) In a period of one year are issued special laws on matters covered by Organic Law of Education (educational community, the student organization, basic education subsystem from the level of education up to the middle school , subsystem of higher education, bans on partisan propaganda in the educational institutions, teacher training and teaching career), and as from the promulgation of the new Act was repealed entirely len Education Law before 1980, without transient application available, there is serious doubt whether those issued pending special laws or not such matters are left to regulation by the Executive.

The defense of freedom of education imposes the reporting of constitutional violations Organic Law of Education and civic organization to institutionalize its rejection.

Román J. Duque Corredor

President of the Academy Political and Social Science.