master thesis
Instrumentos internacionales para la protección de los derechos humanos vulnerados por empresas trasnacionales en Colombia
Fecha
2021-01-25Registro en:
Martínez Carreño, E.E. (2021) Instrumentos internacionales para la protección de los derechos humanos vulnerados por empresas trasnacionales en Colombia [Tesis de maestría] Universidad Santo Tomás, Bucaramanga, Colombia
reponame:Repositorio Institucional Universidad Santo Tomás
instname:Universidad Santo Tomás
Autor
Martínez Carreño, Edgar Eduardo
Institución
Resumen
This document develops an analytical approach from a qualitative study of international norms and cases with factors that influence international responsibility for human rights violations by transnational companies. Thus, the concept of human rights is addressed and consequently that of international responsibility and its implications, which allows to reveal how, from the cases that occurred in Colombian territory, it is necessary to deploy a binding mechanism that circumscribes the protection and due reparation of the victims. In this sense, some transnational companies carry out their activities without considering proportionality relationships, it is here that an unconquered ground that addresses the creation of binding instruments that allow finding comprehensive reparation when these violations have been executed and perpetrated by those companies. Therefore, it is necessary to mention that international law in its entirety does not contain a specialized system capable of controlling the international business sector, a situation that requires study and special interest for Colombia. The situation is aggravated considering that the internal armed conflict has permeated these economic conglomerates, and has let the insertion of these companies and their direct or indirect participation in the actions of the armed agents of both the Colombian state, and those groups that are on the fringes of the law. However, international standards have protection mechanisms that cannot legally counteract transnational companies, but also require an international treaty specialized in the international responsibility of transnational companies and a body that monitors it to make the protection of universal principles effective in all areas and provide access to justice for victims.