Effective Judicial Guardianship versus Conciliation as a procedural requirement in child and adolescent food proceedings

Abstract

The prevailing protection of the rights of children and adolescents is the responsibility of the family, society and the State; being the latter responsible for establishing mechanisms to make them effective. In this argumentative line, it was asked whether demanding prior conciliation in processes alimentary pension, pursuant to Law 640 of 2001, violates the right to effective judicial protection of that population. In order to answer, several conciliators were interviewed in the municipality of Bucaramanga, whose result showed the problem with the recognition of alimentary pension. It should be noted that, the time object of observation initially foreseen in the project, was reduced because not all the institutions conserve data of the past decade. Therefore, the information obtained comes from the work of three non-graduated from the Law program of the Cooperativa Universidad de Colombia, who served as research assistants.