La transmutación implícita en la justiciabilidad de derechos por la Corte Constitucional colombiana: análisis de los derechos a la consulta previa y al ambiente sano
The categorization of fundamental rights from the so-called "generations" has led to think that there is a hierarchy in different degrees of fundamental rights, an issue that ends up radiating in its justiciability, since the most efficient and expeditious judicial mechanisms are, in princ...
| Autor Principal: | Oliveros Ortiz, Stephanie |
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| Formato: | info:eu-repo/semantics/masterThesis |
| Idioma: | spa |
| Publicado: |
Universidad de San Buenaventura - Cali
2018
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| Materias: | |
| Acceso en línea: |
http://hdl.handle.net/10819/5714 |
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| Sumario: |
The categorization of fundamental rights from the so-called "generations" has led to think that there is a hierarchy in different degrees of fundamental rights, an issue that ends up radiating in its justiciability, since the most efficient and expeditious judicial mechanisms are, in principle, intended for first generation rights. In the Colombian context, the Constitutional Court has created, through interpretation, several methodological resources that allow transcending these justiciability barriers, within which is the figure of the transmutation of rights, created for appliance in the ESCR. The characterization of this figure is addressed here, starting from a situation in which the Court applies it implicitly in other kind of fundamental rights, it is given at the moment of resolving cases of guardianship over the right to prior consultation where there are involved environmental interests, the indirect consecuence is the justiciability of right to a healthy environment. It is thanks to the interrelation of the essential content of both collective rights that a transmutation can take place where the right to a healthy environment takes on the characteristics of the right to prior consultation and ends up being protected, in virtue of which, a study from the perspective of the essential content of fundamental rights according to Häberle starting from legal-constitutional goods, emphasizing on multiculturalism and protection of natural resources. |
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