Keywords
reforma a la tutela
Corte Constitucional
derechos fundamentales
derechos económicos sociales y culturales
derechos humanos
argumentos políticos y jurídicos
pacto internacional de derechos civiles y políticos
How to Cite
Abstract
There is a strong debate that takes place in Colombia in order to reform the acción de tutela, which is a constitutional procedure for the protection of fundamental rights. The struggle has to do especially with the meaning of the cluster "fundamental constitutional rights". Some argue that these rights are exclusively the civil and political ones that are established in the Colombian Constitution. Others argue that the protection of fundamental rights include the so-called economic, social and cultural ones. It is very interesting to see that the position of the actual government is the former, whilst the Constitutional Court appears to be in favour of the second argument. In the Colombian panorama the struggle appears to be fought with legal and political arguments. The struggle is not an exclusive problem in Colombia. A quick look to the international panorama in the area of Human Rights' debates, shows us that the struggle fought in the international arena tends to unify the concept of Human Rights. The reason for the split between civil and political rights and social, economic, and cultural ones appears as a merely political factor rather than a legal one. Nevertheless, in both of the contexts the struggle is fought with political and legal arguments showing the inconvenience in arguing only in one of the two fields.
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