Habitantes de Jericó tutelarán derecho a prohibir la minería en su territorio

02:05 Apr 21, 2018
Spanish to English translations [PRO]
Law/Patents - Law (general) / Rights
Spanish term or phrase: Habitantes de Jericó tutelarán derecho a prohibir la minería en su territorio
The part that I need to find a good correlation to is "tutelaran derecho". This is referring to a special kind of legal action in Colombia to enforce the protection of constitutional rights. I have translated it in the past as filingg for protection of rights, but I am not sure if this would be the best term.
Daniel Reyes
Colombia
Local time: 19:23


Summary of answers provided
4Residents of Jericó issue (amparo) proceedings to have mining prohibited in their territory
AllegroTrans
4Inhabitants of Jerico seek injunction to prohibit mining on their land(s)/in their territory
Marcelo González
4Jerico inhabitants will protect their right to prohibit mining works in their territory.
enricoha
3will invoke their constitutional right to prohibit....
Meridy Lippoldt
Summary of reference entries provided
writ for the protection of constitutional rights / writ of prohibitory injunction
andres-larsen

Discussion entries: 15





  

Answers


16 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
will invoke their constitutional right to prohibit....


Explanation:
this is like amparo or the invocation of constitutional rights to obtain an objective

Meridy Lippoldt
United States
Local time: 20:23
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 49

Peer comments on this answer (and responses from the answerer)
neutral  Marcelo González: I'm not so sure the inhabitants or residents have a right "to prohibit," as such. Wouldn't that be done through a judicial ruling, signed off by a judge?
5 days
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5 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
Jerico inhabitants will protect their right to prohibit mining works in their territory.


Explanation:
Simply and literally, in this case.

enricoha
Israel
Native speaker of: Native in SpanishSpanish, Native in EnglishEnglish

Peer comments on this answer (and responses from the answerer)
neutral  Marcelo González: I don't see the inhabitants or residents as having "their right to prohibit," as such; instead, they would have a right to petition the courts with a view to seeking a remedy.
5 days
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5 days   confidence: Answerer confidence 4/5Answerer confidence 4/5
Inhabitants of Jerico seek injunction to prohibit mining on their land(s)/in their territory


Explanation:
At least in the U.S., an injunction is a court order to prevent persons or entities (including governments) from carrying out certain actions.

Here are just a few examples from the first page of results.
[PDF]INJUNCTIVE RELIEF AFTER EBAY V. MERCEXCHANGE By Robert ...



https://sunsteinlaw.com/media/RMA_Hot_Topics_2007.pdf






May 15, 2006 - permanent **injunction to prohibit continued infringement** by an adjudicated patent infringer. Given the importance of a ... eBay Inc. v. MercExchange L.L.C., 126 S.Ct. 1837, 1839 (2006). The Supreme Court analyzed and rejected the application of the four-factor test by the district court in MercExchange ...

Injunctions against repeating specific libelous statements - The ...
https://www.washingtonpost.com/news/volokh-conspiracy/.../in...
Dec 21, 2015 - He said he'd “grant a narrow and limited **injunction to prohibit [the defendant] from continuing** and reiterating the same libelous and defamatory charges he and his company have made against [the plaintiff]….

WORLDWIDE MOVING STORAGE INC v. DISTRICT OF COLUMBIA ...
caselaw.findlaw.com › Caselaw › United States › US DC Circuit
Apr 14, 2006 - Worldwide Moving and Storage, Inc. (Worldwide) filed this action seeking an **injunction to prohibit the District of Columbia (District or D.C.) from imposing** a surety bond requirement on a federally licensed motor carrier or its employees, contending such a requirement is preempted by federal law. The district ...

467 F.2d 1087 - K-2 SKI COMPANY, a corporation, Plaintiff-Appellee ...
www.freelawreporter.org/flr3d/f2d/467/467.F2d.1087.26008.ht...
K-2 Ski Company commenced this action for a permanent **injunction to prohibit Head Ski Co., a competitor, from wrongfully procuring and exploiting** K-2's trade secrets. 2. The matter is here on Head's appeal from the order of the District Court granting K-2 a preliminary injunction against Head and William Crocker, K-2's ...

A restraining order is more about preventing someone from being within a certain distance from another person, often a spouse who might feel threatened.

Habitantes de Jericó tuterlarán derecho a prohibir la minería = Inhabitants of Jerico seek injunction (or "invoke rights in seeking injunction) to prohibit mining (operations) in their territory


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Note added at 5 days (2018-04-26 19:45:32 GMT)
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"injunction to prohibit" + corporation from
About 254,000 results (0.48 seconds)
https://www.google.hn/search?ei=YyjiWqH-Barl5gKvlojgBw&q="in...

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Note added at 5 days (2018-04-26 23:25:19 GMT)
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Or with the indefinite article (an): "...an injunction...": "Inhabitants/residents of Jerico seek an injunction..." or "Jerico residents..."

Ya que el texto fuente dice, "tutelarán derecho" sin el artículo definido "el", me pregunto si se trata de un titular de prensa; en ese caso, me parece que sin "an" seria lo más adecuado, tal y como lo he propuesto aquí.

Espero que le sirva, Daniel. Y saludos desde Honduras :-)

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Note added at 5 days (2018-04-27 00:10:29 GMT)
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Daniel: Al leer de nuevo su intervención en Discusión, creo que la mejor traduccíon bien podría ser algo como:

"invoke their right to petition (the court) for an injunction/injunctive relief to prohibit mining on their lands/in their territory"

injunctive relief. n.
n. a court-ordered act or prohibition against an act or condition which has been requested, and sometimes granted, in a petition to the court for an injunction. Such an act is the use of judicial (court) authority to handle a problem and is not a judgment for money. Whether the relief will be granted is usually argued by both sides in a hearing rather than in a full-scale trial, although sometimes it is part of a lawsuit for damages and/or contract performance. Historically, the power to grant injunctive relief stems from English equity courts rather than damages from law courts.
Injunctive relief - Legal Dictionary | Law.com
https://dictionary.law.com/Default.aspx?selected=963

Marcelo González
Vietnam
Local time: 07:23
Native speaker of: Native in EnglishEnglish
PRO pts in category: 186

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: all very well for US (and UK for that matter) but this is from a Civil Law country that has a highly developed Administrative Law system which is totally different to the US
17 days
  -> I´ve read your comments here and in Discussion, but I´m not so sure I see the problem. Can there not be different types of injunctions? This is the word that would be used in the US.
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21 days   confidence: Answerer confidence 4/5Answerer confidence 4/5
Residents of Jericó issue (amparo) proceedings to have mining prohibited in their territory


Explanation:
See all discussion points


AllegroTrans
United Kingdom
Local time: 01:23
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1384

Peer comments on this answer (and responses from the answerer)
neutral  Marcelo González: If the target audience is or includes the U.S., I wouldn´t use a phrase such as "issue proceedings." It sounds strange, at best. I suppose "initiate (legal) proceedings" would be an option though.
2 days 1 hr
  -> Yes, "initiate/commence (legal) proceedings/action" perfectly OK as well, thanks
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Reference comments


1 hr peer agreement (net): +2
Reference: writ for the protection of constitutional rights / writ of prohibitory injunction

Reference information:
accion de tutela (Colombia) > writ for the protection of ... - ProZ.com
https://www.proz.com/kudoz/spanish_to_english/law_general/98...
The crowning event undermining the rule of law is the Government's proposal to reform the justice system, preventing the protection of economic, social and cultural rights being invoked through the legal system, eliminating the Acción de Tutela (writ of injunction), and restricting the powers of the Constitutional Court to ...

Tutela Legal > Legal Protection Office - ProZ.com
https://www.proz.com/kudoz/spanish_to_english/history/584105...
May 2, 2015 - (KudoZ) Spanish to English translation of Tutela Legal: Legal Protection Office [Account of the 1981 massacre in El Mozote, El Salvador - History].

tutela judicial efectiva para reclamar el derecho a - ProZ.com
https://www.proz.com/kudoz/.../1016820-tutela_judicial_efect...
Apr 28, 2005 - (KudoZ) Spanish to English translation of tutela judicial efectiva para reclamar el derecho a: effective protection of the court (or due process) in order to assert their rights [Law: Contract(s) (Law/Patents)].

tutela judicial efectiva > effective judicial protection - ProZ.com
https://www.proz.com/kudoz/spanish_to.../law.../523450-tutel...
Sep 17, 2003 - (KudoZ) Spanish to English translation of tutela judicial efectiva: effective judicial protection [Law/Patents].

civil practice and remedies code chapter 65. injunction - Texas ...
www.statutes.legis.state.tx.us/Docs/CP/htm/CP.65.htm
OPERATION OF WELL OR MINE. (a) A court may issue an injunction or temporary restraining order prohibiting subsurface drilling or mining operations only if an adjacent landowner filing an application claims that a wrongful act caused injury to his surface or improvements or loss of or injury to his minerals and if the party ...

Injunctions in Common Law (Chapter 10) - Injunctions Against ...
https://www.cambridge.org/core/books/injunctions...in.../inj...
Nov 17, 2017 - Common law also distinguishes between mandatory and prohibitory injunctions. While a mandatory injunction commands the defendant to carry out a specific act, a prohibitory injunction restrains him from doing something.

Prohibitory injunctions: a quick guide | Practical Law
https://uk.practicallaw.thomsonreuters.com/2-211-3117
A prohibitory injunction is an order that requires a party to refrain from doing a specific act. A prohibitory injunction may be either: Interim: that is, a provisional measure taken at an early stage in the proceedings which remains in force until discharged by the court.

andres-larsen
Venezuela
Native speaker of: Native in EnglishEnglish
PRO pts in category: 113

Peer comments on this reference comment (and responses from the reference poster)
agree  Marcelo González: Interesting slight difference between UK and US usage, "prohibitory injunction" (UK) -- very useful, indeed.
5 days
agree  AllegroTrans
21 days
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