By Hernán Alejandro Olano García.
2024 welcomed me with a new academic and professional commitment, to assume the deanship of the College of Law and Social Sciences of the University Institution Colleges of Colombia UNICOC and to answer various questions, among them, the one that gives the title to this column: What are the challenges of law in the face of the crisis of democracy in the 21st century?
Actually, the relationship between law and the crisis of democracy in the 21st century presents several significant challenges. Below are some of the most notable challenges that, as teachers, administrators and students, we must assume in order to respond to the justice reform proposals that have begun their process these days.
Firstly, the protection of fundamental rights, since, in a context of democratic crisis, this protection becomes crucial. Legal systems must ensure the defense of freedom of expression, the right to privacy, equality and other fundamental rights to counter potential threats to these principles in times of crisis, as we have already seen in our own region.
Secondly, respect for judicial independence, which is essential to maintain the balance and separation of powers in a democracy. Governments may attempt to weaken or influence the judicial system to consolidate their power. Protecting and strengthening judicial independence is a key challenge to guarantee the validity of the rule of law.
Thirdly, regulate disinformation, since it and the fake news They represent a threat to the integrity of the democratic process. The law must be adapted to effectively address these issues, whether by creating laws that criminalize the spread of false information or by promoting media and digital literacy.
Thirdly, encouraging citizen participation in its entirety, since it is essential in a democracy, cannot be the attribute of those who vote, compared to those who are indifferent or apathetic, who in reality are the ones who complain the most about their fate. Legal systems must promote mechanisms that encourage citizen participation in decision-making and the control of power; For this there are popular consultations, referendums and other mechanisms of direct participation.
Fourth, adaptation to technology, since rapid technological evolution raises new legal challenges, especially in relation to privacy protection, cybersecurity and the regulation of digital platforms. The law must adapt to address these issues and ensure that technology is not used to undermine democracy.
Fifthly, the fight against corruption, which, although it should be the first, has no interest in order, as long as we keep in mind our ethical actions, since corruption weakens democratic institutions and undermines citizens’ confidence in the system. Strengthening laws and mechanisms to prevent and punish corruption is essential to maintain the integrity of the democratic system.
Seventh, inclusivity and diversity, within the limits of morality. Legal systems must be inclusive and representative of the diversity of society, that is a reality of current times, therefore, guarantee equal rights for all citizens, regardless of their gender, ethnicity, sexual orientation or other characteristics. , is essential for a robust democracy. According to Professor Carlos Arturo Olano, “Basic, prompt, efficient and effective justice is the seed for a real democracy, much more than focusing it on reforming or increasing the “High Courts”, which only encourages more train crashes and confusion. to the basis of democracy, which is the people, without solving the fundamental aspects.”
Finally, something very new in its name, “defense of civil space”, but which is nothing more than a new term to restore control of the principal, the people, to their leaders. Healthy democracies require an active and vibrant civil space. Laws must protect freedom of association, freedom of the press, and freedom of expression to ensure that civil society can play a critical role in overseeing the government.
Facing these challenges requires a joint effort by legislators, jurists, citizens and international actors to strengthen the legal framework and promote the fundamental values of democracy.