{"title":"La aleatoriedad de la condición de víctimas y/o victimarios de la infancia y adolescencia en el conflicto armado colombiano","authors":"J. Pantoja","doi":"10.21615/CESDER.10.2.2","DOIUrl":null,"url":null,"abstract":"The dual victim-victimizer quality that has been attributed to adolescence linked to the Colombian armed conflict, is built on the fallacy of randomness, in which criterias such as the age and the crimes magnitude committed are fundamental in the criminological politics of the Colombian State, factors that we consider, given the specificities in which the recruitment is presented, as external to its volitional spectra. In this sense, it is necessary to ask ourselves whether the attribution of a punitive type of responsibility is in accordance with the principles of the best interests of the child and progressive capacity, or if this would imply a secondary victimization from the institutional framework, generating the need to have a system that although seeks to safeguard as much as possible the rights to the truth, justice and reparation of third victims, also satisfies the rights of children and adolescents linked to the Colombian armed conflict. Keywords: Childhood and adolescence linked to the Colombian´s armed conflict, best interests of the child, Progressive ability.","PeriodicalId":41306,"journal":{"name":"Revista CES Derecho","volume":" ","pages":""},"PeriodicalIF":0.1000,"publicationDate":"2019-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"2","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Revista CES Derecho","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.21615/CESDER.10.2.2","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"LAW","Score":null,"Total":0}
引用次数: 2
Abstract
The dual victim-victimizer quality that has been attributed to adolescence linked to the Colombian armed conflict, is built on the fallacy of randomness, in which criterias such as the age and the crimes magnitude committed are fundamental in the criminological politics of the Colombian State, factors that we consider, given the specificities in which the recruitment is presented, as external to its volitional spectra. In this sense, it is necessary to ask ourselves whether the attribution of a punitive type of responsibility is in accordance with the principles of the best interests of the child and progressive capacity, or if this would imply a secondary victimization from the institutional framework, generating the need to have a system that although seeks to safeguard as much as possible the rights to the truth, justice and reparation of third victims, also satisfies the rights of children and adolescents linked to the Colombian armed conflict. Keywords: Childhood and adolescence linked to the Colombian´s armed conflict, best interests of the child, Progressive ability.