Social rights in Colombia: analysis of the international commitments of the pacts (DESC)

• Main Author: Motta Castaño, Deissy
• Format: Article
• Language: Spanish
• Published: Policía Nacional de Colombia 2016-12-01
• Series: Logos Ciencia & Tecnología
• Subjects: economic; social and cultural rights; judicial review of the social rights; the social state of right.
• Online Access: http://revistalogos.policia.edu.co/index.php/rlct/article/view/356

The discussion on the implementation of economic, social and cultural rights has tried to construct from different perspectives a commendable explanation to achieve its effectiveness through the rules of these rights in the state public politic through the prosecution of them. Opposite to the latter topic it meets an overwhelming panorama arisen from the lack of legal action definitely dedicated in the Constitution that allows a clear cover. This research will tackle on the one hand this problems from the history, concept and structure of the social and cultural economic rights, in order to demonstrate that such rights lack protection for a matter purely formally and that there will have to be considered to be fundamental rights of obligatory fulfillment and protection by the powers of the state and legally protected as fundamental rights. In the present research the social rights will be tackled emphatically in the Inter-American Court and inter-American Commission opposite to the agreements ratified by Colombia for the development and fulfillment of the same ones.