La objeción de conciencia en Colombia: de la ausencia al reconocimiento como derecho
This paper is focused on the analysis of the evolution of the conscientious objection in the jurisprudence of the Colombian Constitutional Court: at the beginning it has not received constitutional protection or was protected in a restricted manner, then it received recognition as a expression of fr...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2014
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6371834 |
| Source: | Derecho Público, ISSN 1909-7778, Nº. 33, 2014 |
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| Summary: |
This paper is focused on the analysis of the evolution of the conscientious objection in the jurisprudence of the Colombian Constitutional Court: at the beginning it has not received constitutional protection or was protected in a restricted manner, then it received recognition as a expression of freedoms of religion and conscience, and nowadays is categorized by the jurisprudence as a fundamental right. Moreover this article intends to illustrate the existence of a constitutional regulatory framework for conscientious objection, design to be applied in the different scenarios where it could be possible to claim it. This framework allows special rules just in the contexts where claiming the right to conscientious
objection implies an opposition to other fundamental rights, but not in contexts where is opposed just to obligations. To do this, the article exposes the result of the analysis from the jurisprudential review of decisions of the Constitutional Court from 1992 to 2013 in five different scenarios. |
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