Examen general de los alcances de la responsabilidad patrimonial del Estado en la política pública de desplazamiento forzado
New interpretations are required to find appropriate solutions to the issue of forced displacement. From a juridical perspective, it may be analyzed based on a general assessment of the State's responsibility for failing to provide the services required in terms of policy design and performance...
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| Format: | Article |
| Language: | Spanish |
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Universidad del Rosario
2011
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| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=3685483 |
| Source: | Revista Estudios Socio-Jurídicos, ISSN 0124-0579, Vol. 13, Nº. 1, 2011, pags. 451-487 |
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| Summary: |
New interpretations are required to find appropriate solutions to the issue of forced
displacement. From a juridical perspective, it may be analyzed based on a general
assessment of the State's responsibility for failing to provide the services required
in terms of policy design and performance, defining failure as the event in which
damages are assessed on the possible non-fulfillment of legal duties. However, a review
of the policy processes before and after an unconstitutional state of affairs was
declared demonstrates the shortcomings of the financial liability institution, which
implies that new conceptual means must be found in order to make effective this
mechanism for enforcing rights. |
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