Los derechos económicos, sociales y culturales como derechos subjetivos: una visión estructural
The concept of economic, social and cultural rights has been developed throughout the constitutional jurisprudence time. Recently, these rights have been recognized as fundamental rights because of their conception idea and as of their correlation to a fundamental right. Nevertheless, there are stil...
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| Format: | Article |
| Language: | Spanish |
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Universidad Externado de Colombia
2010
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| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=3335065 |
| Source: | Revista Derecho del Estado, ISSN 0122-9893, Nº. 24, 2010, pags. 29-43 |
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| Summary: |
The concept of economic, social and cultural rights has been developed throughout
the constitutional jurisprudence time. Recently, these rights have been
recognized as fundamental rights because of their conception idea and as of their
correlation to a fundamental right. Nevertheless, there are still some obstacles
to conceive these rights as tutelages, or protected by way of tutelage process.
This article criticizes and analyses the Colombia Constitutional Court standpoint
about rights and their protection, including its burden on the jurisprudential
construction as a result of its dogmatic and theoretical point of view.
This analyzes includes some of the key elements that will integrate the
subjective dimension of the social rights and concludes with an opinion of
the unfeasibility disjointing of the fundamental nature of these rights and the
guarantees needed for their effective fulfillment. |
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