El consentimiento libre, previo e informado como garantía de transparencia en la administración pública
The prior consultation is a fundamental right recognized to ethnic gropus to decide on any type of state measure capable to impact them directly. Finds its constitutional basis in the recognition of the multicultural identity of the colombian State, under an inclusive democratic perspective; the rig...
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| Format: | Article |
| Language: | Spanish |
| Published: |
Universidad Externado de Colombia
2014
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| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=5038862 |
| Source: | Revista Derecho del Estado, ISSN 0122-9893, Nº. 33, 2014, pags. 123-147 |
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| Summary: |
The prior consultation is a fundamental right recognized to ethnic gropus to
decide on any type of state measure capable to impact them directly. Finds
its constitutional basis in the recognition of the multicultural identity of the
colombian State, under an inclusive democratic perspective; the right of peoples
to decide their own priorities in accordance with their own beliefs, institutions
and / or territories they occupy or use; and the right to participate in the
design, implementation and evaluation of programs for national and regional
development which may affect them. In this sense, the Colombian State has
been the recipient of major international instruments for the protection of the
rights of ethnic minorities, however, the legislative and governmental bodies
have failed to provide the legal and regulatory instruments necessary to effect
such protection, aspect that has been supplemented by an active role of the
Constitutional Court. In this sense, through the constitutional jurisprudence,
the colombian state has shifted from a narrow conception of the application
of the right to prior consultation, to a widely extended concept toward the
free, prior and informed consent, which blanket any state measure (legal or
administrative) likely to affect ethnic communities, and implies that the state
must seek the consent of the ethnic groups in an intercultural dialogue in
good faith, and oportuned information that enables them to effectively meet the content, scope and consequences of the measures they intend to adopt.
In this context, the prior, free and informed consent determines the actions
of government, constituting a binding reference and ensure transparency in
the administration. |
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