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Understanding Fundamental Rights in Colombia

The document summarizes the main fundamental rights recognized in the Political Constitution of Colombia of 1991, including human dignity, criteria for its determination, its immediate application, and its protection through the action of tutela. Fundamental rights are based on the right to life, freedom, and equality.

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8 views12 pages

Understanding Fundamental Rights in Colombia

The document summarizes the main fundamental rights recognized in the Political Constitution of Colombia of 1991, including human dignity, criteria for its determination, its immediate application, and its protection through the action of tutela. Fundamental rights are based on the right to life, freedom, and equality.

Translated by

ScribdTranslations
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© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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FUNDAMENTAL RIGHTS

Sahily Pallares
Iván Vega
Valentina Sarmiento
Diana Moron
HUMAN DIGNITY

CRITERIA FOR THE DETERMINATION OF FUNDAMENTAL RIGHTS IN


COLOMBIA

PREROGATIVE OF FUNDAMENTAL RIGHTS

IMMEDIATE APPLICATION OF FUNDAMENTAL RIGHTS

PROTECTION OF FUNDAMENTAL RIGHTS THROUGH TUTELAGE ACTION

PROHIBITION OF SUSPENSION OF FUNDAMENTAL RIGHTS

FUNDAMENTAL RIGHTS BASED ON THE RIGHT TO:


LIFE
FREEDOM
EQUALITY
Fundamental Rights

Fundamental rights are those inherent to the being


human rights belong to all persons by virtue of their
human dignity.
The Political Constitution of Colombia of 1991 grants to
every person, a set of fundamental guarantees and
the corresponding action to enforce them, without
import, nationality, gender, race, condition or origin.
HUMAN DIGNITY
Human dignity is the right that every being has
human, to be respected and valued as an individual and
social, with its characteristics and particular conditions, for
the mere fact of being a person. History shows us many
cases in which human dignity has been trampled. They are
examples of this social inequality prevailing in the Age
Media, the abuses of power, or the holocaust. Just this
the last event led to the adoption of the Universal Declaration of
Human Rights in 1948 declared that all beings
humans as equals and free in their rights and IN THEIR
DIGNITY. This practice of recognizing dignity
humanity continued to be reflected in international treaties and
National Constitutions.
CRITERIA FOR THE DETERMINATION OF THE
FUNDAMENTAL RIGHTS
It is in the current era where the so-called new constitutionalism
emerge with a specific purpose, of guaranteeing rights
fundamentals and limitation on the exercise of powers, through
the effectiveness in materializing the first ones, and the separation, but
functional harmony among the latest. Thus, it is the Court
Constitutional, closing body of this jurisdiction, holding
a supreme power by the value of the regulations of the Charter
Política en el Estado colombiano, catalogado por el mismo texto
as a Standard of Standards, which is supposed to safeguard the
safeguarding and integrity of the Political Constitution of Colombia
from 1991, and it is in this sense where, through the different
decisions, the result of the deliberations of this court have been
determined the fundamental nature of rights, according to
different criteria established by this one.
PREROGATIVE OF RIGHTS
FUNDAMENTALS
The terms Fundamental Rights are commonly used
Human Rights to reflect the same and it can be complex
for the citizen their difference.
Human rights are that set of prerogatives supported
in human dignity, whose effective realization is
indispensable for the integral development of the person. In the field
constitutional, the expression Fundamental Rights is adopted
those Human Rights that have been collected and established
formally in the Constitution, and that determine the actions of the
rulers and society in general. It should be clarified that in the
constitutions do not establish all Human Rights, already
that this will depend on the constituent power that decides what
rights framed within the Constitution and future ones
incorporations, that is to say new recognitions of rights.
IMMEDIATE APPLICATION OF RIGHTS
FUNDAMENTALS

Fundamental rights are known as


direct and immediate application. (ARTICLES 11 TO 40).
They are of direct application because they do not require a
legal norm to be effectively protected.
Article 85 of the Political Constitution (C.P).
The rights of immediate application are those that do not
they require legal development to be effective
protected.
PROTECTION OF RIGHTS
FUNDAMENTALS FOR THE ACTION OF TUTELA
Article 86 of the Political Charter establishes the possibility of
file the tutela action to claim before the judges
through a preferred and summary procedure, the protection
immediate protection of their fundamental constitutional rights,
whenever they are violated or threatened
by the action or omission of any public authority and,
according to the provisions of article 6 of Decree 2591 of 1991,
this mechanism only proceeds when the affected does not
provide another means of judicial defense, unless the
the referred action is used as a transitional instrument in
to avoid an irreparable harm, this provision that
adjust to the content of subsection 3 of the aforementioned article 86.
PROHIBITION OF SUSPENSION OF THE
FUNDAMENTAL RIGHTS
Fundamental rights based on law
to Life
Article 11: The right to life is inviolable. There shall be no penalty.
of death
The right to life is a universal right, meaning that
it belongs to every human being.
The right to life means having the opportunity to live
our own life. If there is no life, it makes no sense that
The other fundamental rights exist.
The right to life, the right not to be murdered;
It constitutes the formal prohibition of causing
intentionally causing the death of a person.
Fundamental Rights based on
right to freedom
Freedom is a sacred and inalienable right that belongs to all.
Human beings possess. Freedom is the ability to act.
according to their will, respecting the law and others' rights.
It is one of the most important civil rights, for without it
recognition many of the others could not be exercised.
for example, the right to free development of personality,
the freedom of conscience, the freedom of expression, and the freedom
of worship. In Colombia, according to our Constitution, every person is free
to choose a profession or trade, the State guarantees freedoms
of teaching, learning, research, and lecturing.
Fundamental rights based on
equality
Article 13: All human beings are born free and equal before the law.
they will receive the same protection and treatment from the authorities and
they will enjoy the same rights, freedoms, and opportunities without
no discrimination on the basis of sex, race, origin
national or family, language, religion, political or philosophical opinion.
The State will promote the conditions for equality to be
real y efectiva y adoptará medidas en favor de grupos
discriminated or marginalized. The state will protect
especially to those people who due to their condition
economic, physical or mental, find themselves in a situation of
manifest weakness and will sanction abuses or mistreatment that
committed against them.

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