Ordenan al club Los Lagartos permitir acceso de hijo extramatrimonial de uno de sus socios
El club Los Lagartos es uno de los mas prestigiosos de Bogotá.
El niño solo podía entrar dos veces al mes como invitado, a pesar de que en julio y agosto del 2001 su padre pidió a la junta directiva su inscripción con los mismos derechos de los demás socios.
En dos oportunidades la junta directiva de Los Lagartos negó la petición.
Su argumento fue que los estatutos del club "solamente permiten la inscripción de los hijos de los socios que tengan la calidad de legítimos, adoptivos o hijos".
El club señaló en su respuesta: "(...) Teniendo en cuenta que de acuerdo con lo expuesto usted no contrajo matrimonio con la señora (madre del niño)..., su estado civil es soltero y no es posible dar curso a su solicitud".
Tras las negativas, el padre interpuso una acción de tutela, argumentando que le estaban violando a su hijo los derechos a la igualdad, a la honra, a la intimidad y a la recreación.
El papá apeló al artículo 42 de la Constitución, según el cual "los hijos habidos en el matrimonio o fuera de él, adoptados o procreados naturalmente o con asistencia científica tienen iguales derechos y deberes".
En la acción de tutela señaló: "La discriminación de la que es objeto (el niño) es indigna y deshonrosa frente a los hijos de otros socios..."
El juez de primera instancia concedió la tutela, pero el de segunda la tumbó bajo el argumento de que el niño no se encontraba en estado de indefensión frente al club y que se pretendía cuestionar la validez de actos de carácter privado y ajenos a la competencia de un juez de derechos fundamentales.
La Corte Constitucional le dio plena razón al padre: "La disposición estatutaria de la Corporación Club Los Lagartos resulta abiertamente contraria a la Constitución Política", dijo y ordenó corregir de inmediato la situación.
Los magistrados determinaron: "Los actos discriminatorios como el que aquí se estudia constituyen una ofensa profunda contra varios de los principios que sustentan nuestra comunidad política y la sociedad internacional".
De esta manera, la sentencia, cuya ponencia es del magistrado Jaime Araújo, revocó la decisión del juez de segunda instancia y ordenó amparar al menor en este caso.
By kat1 (Moderator) on Jun 5, 2008, 01:57 in Friendly Talkzone.
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kat1 (Moderator) says on Jun 5, 2008, 02:00: I was thinking about this kind of clubs yesterday, why on earth do you want to join a place that only narrow minded people join.... to me this kind of club breed the most narrow, materialistic people in the world... i would hate to be part of that environment... no wonder is call Los Lagartos that name suit them perfectly.
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Mononoke28 says on Jun 5, 2008, 08:26: I always knew these people were scum. But people want to be part of them just because they want to be "in'. Same goes for schools, it's not about the level of education but mainly about the name of the school. Ridiculous. Diana 0 funny, 0 helpful. |
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Cerealkiller says on Jun 5, 2008, 09:57: Hmm I do not agree with not allowing this kid in because he was born out of wedlock, that is simply ridiculous not to mention backward and completely out of touch with modernity. That said, I do not underestimate the power that comes with being a member of a private club or having graduated from a renowned institution. I do not think its purely snobbish and superficial. As a matter of fact these kinds of institutions are the ones which maintain the status quo (for better or worse). Kids who attend these schools and families who play polo together on sundays are not just doing it because it is 'in'. In all actuality the exclusivity that comes with this is what separates the elites with the rest. Regardless of how much income a person generates there will always be a bit of an abyss between those who can get in the country club and those who are not poor by any means but cannot. Just look at high government officials in Colombia, all of a sudden a disproportionate percentage are former San Carlos pupils...what do we make of it? is San Carlos school just a really good high school? or are the connections one makes at San Carlos what makes it so popular? What about universities? Despite of UNAL being considered the best university of Colombia, why is it that uniandinos are taking up all the top jobs? Same thing happens in England...70% of MPs attended Eton or Westminster College and even the house of Lord is a little private club with hereditary peerages and it works marverlously... Conservatives are not necessarily stupid, but most stupid people are conservatives -John Stuart Mill 0 funny, 0 helpful. |
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romy says on Jun 5, 2008, 10:27: exactly what you expect from a Los Andes grad...
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aztec says on Jun 5, 2008, 10:35: "why on earth do you want to join a place that only narrow minded people join"
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kat1 (Moderator) says on Jun 5, 2008, 11:07: aztec, to me people that, how can i put , decided who is good enough to join them and who is not is narrow minded, i am not belong to any club nor i want to.. but to decided your kid is not good enough to join them base on that is pretty narrow minded, if i were the mother of that kid i will certainly prohibit him to join that people who are they to implant morals eh?
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kat1 (Moderator) says on Jun 5, 2008, 11:09: CK SAID " I do not underestimate the power that comes with being a member of a private club or having graduated from a renowned institution" Me neither hell you will have a good job for life.. plenty of palancas
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romy says on Jun 5, 2008, 11:13: kat- the sad part is that it's probably the mother that is pushing the kid to join the club... it'll help him be 'succesful' in life
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Cerealkiller says on Jun 5, 2008, 12:52: Romy I do not know if your comment was directed at me (I am assuming it was even though I am not a Los Andes alumnus) but my point is dismissing social clubs and highly regarded educational institutions just because they're 'snobbish' is a rather narrow minded approach. I have never really cared much for that sort of stuff but I can appreciate why some people try hard to get in, denying that it improves a person's chances to get ahead is pointless and assuming that achievements are a result of hard work and pure meritocracy is not only naive but unrealistic. In including the example of Eton, Westminster and the House of Lords I was not intending to defend exclusive institutions but actually offering an alternative point of view. Not all these places are for snobbish, brainless people who just want to marry rich, but can act as extremely competitive playing fields for people who enjoy similar backgrounds. It is not perfect, it should be more inclusive...but my comment was not focused on the way things ought to function, on the contrary, my comment just intended to show the picture is not as black and white as some of the previous posters put it. Conservatives are not necessarily stupid, but most stupid people are conservatives -John Stuart Mill 0 funny, 0 helpful. |
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kat1 (Moderator) says on Jun 5, 2008, 14:09: ck wrote:
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ColombianoGringo says on Jun 5, 2008, 14:15: This guy may have won the legal battle and his son can now be a full member, but it will likely do him little good. While his son will be able to use the club whenever he wants, the kid, his father and the rest of the family can pretty much count on being ostracized by anyone that matters in the club. Now he will be viewed as an interloper and an enemy and can forget about getting any serious "palanca" out of the his membership there.
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kat1 (Moderator) says on Jun 5, 2008, 14:40: And that is why I don't like those clubs, i don't want that kind of mentality to be inflicted on my kids.
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ColombianoGringo says on Jun 5, 2008, 14:46: I don't blame this father for wanting his kid in the club, but he shot himself in the foot by approaching it in this manner. It isn't easy to get ahead in Colombia without connections. Some of my cousins in Colombia grew up in these types of clubs and it has benefited them greatly. If I had lived there longer, I would have been in them as well. Unfortunately, being capable and talented are often not enough to "make it" there. Palanca makes life a lot easier. One thing to note is that social standing and connections are not entirely dependent on how much money you have.
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kat1 (Moderator) says on Jun 5, 2008, 15:01: CG luckily in the UK that kind of stuff is not important either . i know what you mean and unfortunately in Colombia to get the ahead you need to know the right people and be in the "right" place.. no wonder many people emigrated because they know they will have better chances abroad.
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romy says on Jun 5, 2008, 16:53: You are kidding me this doesn't exist in the UK... how come people in London know exactly where you come from and make so many assumptions of who you are as soon as they hear your accent. I recommend you watch the 'seven' series and then you'll figure out the importance of social class in the UK. yeesh, there's something called the social determinants of health and social status is a major determinant.
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kat1 (Moderator) says on Jun 6, 2008, 01:18: romy says on Jun 5, 2008, 16:53: flag
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Desideria (Moderator) says on Jun 6, 2008, 01:50: -I think the father did what he had to do and even if it might cause social ostracizing at the beginning things may become smoother in the long run. I think it's worth the trouble to establish a precedent that will eventually (hopefully) lead to a change in the praxis. The kind of elitism that CK defends in her comment is a major detriment for the social evolution of the Colombian society, it's medieval and in Europe only exists in some countries with glorious pasts like the UK which has still to let go of its basking in the bygone superpower shine. "When shall we three meet again? In thunder, lightning, or in rain?"(First Witch in Macbeth) 0 funny, 0 helpful. |
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romy says on Jun 6, 2008, 06:51: desideria- To CK's defense, I believe she's not defending elitism but providing a more comprehensive perspective... I believe the most prominent EU nations have made greater advancements in this respect than the UK. Scandinavian nations are a case of their own.
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Tinto (Moderator) says on Jun 6, 2008, 06:53: Is the word chusma similar to the word riff-raff?
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webmanco says on Jun 6, 2008, 06:56: "i would hate to be part of that environment..." ...A yo, déjenme queto y no me jodan má! ... 0 funny, 0 helpful. |
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kat1 (Moderator) says on Jun 6, 2008, 07:21: romy not all MP's went to Eton and not all are for privilige backgrounds, and although there is social class here in the UK is not as how shall said uhm as mark as in Latinoamerican countries.
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kat1 (Moderator) says on Jun 6, 2008, 07:35: And example this UK youth parliament :
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webmanco says on Jun 6, 2008, 07:36: Kat1 ...A yo, déjenme queto y no me jodan má! ... 0 funny, 0 helpful. |
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ColombianoGringo says on Jun 6, 2008, 07:38: Tinto,
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kat1 (Moderator) says on Jun 6, 2008, 07:39: this is a different environment webmaco, this is not a club where you can join according to how much you earn or who your family are.
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Cerealkiller says on Jun 6, 2008, 11:22: Desi I was not defending elitism. As I said before my point was not to describe the way things should work in an ideal world, but rather show a more realistic picture of how things work. Of course societies should be more meritocratic, but I do not believe they should be purely meritocratic. Conservatives are not necessarily stupid, but most stupid people are conservatives -John Stuart Mill 0 funny, 0 helpful. |
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kat1 (Moderator) says on Jun 6, 2008, 11:43: there is CK but the gap is not as wide as the Latinoamerican countries, but here in the UK is much easier to get to the top without being in la rosca like in Colombia.
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kat1 (Moderator) says on Jun 6, 2008, 11:57: btw i married a guy from the Bradford University and Welsh rowing team ;PP
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Cerealkiller says on Jun 6, 2008, 12:03: Yes I've heard of Katherine Middleton and how Prince William's friends mock her for being middle class and no aristocratic roots. I do not know whether she is marrying Prince William or not as I tend to keep myself away from celebrity gossip but I have heard the girl has had an awful time trying to measure up to "more suitable" candidates. Conservatives are not necessarily stupid, but most stupid people are conservatives -John Stuart Mill 0 funny, 0 helpful. |
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kat1 (Moderator) says on Jun 6, 2008, 12:34: Not all are funded by rich people, look at my kids High School, the majority are middle class families, the thing about the school is, classes are small and more personalized, it is one of the best state schools in the country, there are rich kids there but a handful. people moved to the catchment area to get a place in that school there is a maximum of 365 pupils, few years ago it was number 5th in the country
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Cerealkiller says on Jun 6, 2008, 12:43: Kat1 thery're not funded by rich people, they're state funded but those schools in affluent boroughs get more money per pupil than those in working class areas. I appreciate the input you've given us but the truth of the matter is the statistics are out there and prove that Britain remains deeply divided along class lines. You are providing very specific examples, and I am sure you're being truthful but personal experience does not constitute a reliable sample. Generally speaking social mobility is indeed better in Britain than in Colombia and arguing the opposite would be completely stupid, but people in Britain are still faced with the glass-ceiling phenomenon commonly attributed to working women. Yes, you can make something of yourself, but you will always have that impenetrable circle that cannot be accessed even if you have all the money in the world. Just look at Mohammed Al-Fayed. Conservatives are not necessarily stupid, but most stupid people are conservatives -John Stuart Mill 0 funny, 0 helpful. |
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Desideria (Moderator) says on Jun 6, 2008, 12:53: Perhaps not, CK, and I may have expressed myself rather sloppily too. I just thought that there was a certain permissive understanding of how the "reality" looks like that I really don't share. I KNOW it exists, but I don't have to like it or even much tolerate it and that may well be one of the reasons why I chose to raise up my family in Scandinavia where most people are "normal" and worry little for the lifestyle of the rich and famous. Our princes and princesses behave like pretty normal rich kids and date pretty much who they want...the Crown Prince of Norway married a waitress and single mother Mette-Marit, Crown Princess Victoria of Sweden will probably marry her sweatheart, personal trainer Daniel. Ther is no 100% egalitarian societies of what I know of, not even up here in the north, but themajority of people here can't be bothered with things like what school did you go to and who do you know. "When shall we three meet again? In thunder, lightning, or in rain?"(First Witch in Macbeth) 0 funny, 0 helpful. |
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kat1 (Moderator) says on Jun 6, 2008, 12:55: Mohammed Al-Fayed. have been accepted in all social circles in the UK, even the royal family, is some politician who held something against him because they think he is a crook. maybe he is :(
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