Tendencia actual de amparo en materia de derechos económicos, sociales y culturales en la jurisprudencia de la Corte Constitucional

The following article offers a study of the development of jurisprudence in matters of economic, social and cultural Rights through the Colombian Constitutional Court. This commentary provides a brief review of the position initially taken by the Court, by which these Rights could not be considered... Deskribapen osoa

Egile nagusia: Gutiérrez Beltrán, Andrés Mauricio
Formatua: Artikulua
Hizkuntza: Gaztelania
Argitaratua: Universidad Externado de Colombia 2010
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Laburpena: The following article offers a study of the development of jurisprudence in matters of economic, social and cultural Rights through the Colombian Constitutional Court. This commentary provides a brief review of the position initially taken by the Court, by which these Rights could not be considered as authentic fundamental Rights. As the foundation of this argument the Court sustained that these Rights could only be considered as programmatic mandates, the definition of which corresponded exclusively to the Congress. Presented below are the objections that, within the same jurisprudence, have been formulated against this position, which have led the Court to reconsider its position in a small minority of cases. In this way, it is affirmed that the incursion of International Human Rights Law in constitutional jurisprudence has had a decisive influence on the modification of the same, and that it has been the treaties undersigned by the Colombian State in this subject that have led the Court to not only include these Rights within the range of fundamental Rights, but also to formulate an incipient dogma for its judicial protection.