Subjectivation of Economic, Social and Cultural Rights from the Political Discussion of Constitutionalism and Decisions of the Colombian Constitutional Court

Authors

  • Hernán Darío Martínez Hincapié Universidad Autónoma Latinoamericana, Medellín

DOI:

https://doi.org/10.18042/cepc/aijc.20.07

Keywords:

Subjective rights, economic, social, and cultural rights, social and constitutional state, human rights, Constitutional Court

Abstract

The paper aims to highlight threads that hang on the decisions of the Colombian Constitutional Court about the subjectivity of economic, social and cultural rights (ESCR) in the context of a social state of law and the shortcomings that run in these constitutional rulings. Also it raises the political nature and neoliberal background that affects the consolidation of ESCR as full rights in constitutional terms. I turn to some European doctrinal and jurisprudential references to raise my arguments and discussion.

Issue

Section

STUDIES