La consolidación de la reparación integral en virtud de la aplicación del control de convencionalidad por el juez contencioso administrativo
Human rights have been conceived as values, principles and real guaranteesfor individuals, thereby marking different guidelines in the internal legal systems ofthe States and being configured as a strict parameter for national judges. In this way,the materialization of the provisions contained in th...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2019
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7295674 |
| Source: | Academia & Derecho, ISSN 2539-4983, Nº. 19, 2019, pags. 49-86 |
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| Summary: |
Human rights have been conceived as values, principles and real guaranteesfor individuals, thereby marking different guidelines in the internal legal systems ofthe States and being configured as a strict parameter for national judges. In this way,the materialization of the provisions contained in the American Convention on HumanRights, has occurred in the decisions of the internal judges of the different States Partiesto this international treaty, deriving this activity to the application of the so-calledcontrol of conventionality. In this scenario, it is interesting to analyze the behavior thatthe contentious administrative judge has had regarding the application of the diffusecontrol of conventionality for the recognition of the integral reparation of the victims ofthe Colombian armed conflict, understood this repair as the proportional recognition ofpecuniary measures and non-pecuniary reparation, in order to guarantee the fundamentaland human rights of the victims who have been violated through actions or omissions ofthe Colombian State. |
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