Análisis de efectividad de la sentencia T-622/16 ¿Sentencia estructural-dialógica?
This paper analyzes the ruling T-622/16 of the Constitutional Court of Colombia that recognizes the Atrato River, its basin, and tributaries, as an entity subject to the rights of protection, conservation, maintenance and restoration by the State and ethnic communities. The court ruling is part of t...
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| Format: | Article |
| Language: | Spanish |
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2022
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8903645 |
| Source: | IUS : revista del Instituto de Ciencias Jurídicas de Puebla, ISSN 1870-2147, null 16, Nº. 49, 2022, pags. 213-222 |
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| Summary: |
This paper analyzes the ruling T-622/16 of the Constitutional Court of Colombia that recognizes the Atrato River, its basin, and tributaries, as an entity subject to the rights of protection, conservation, maintenance and restoration by the State and ethnic communities. The court ruling is part of the new lines of action of the constitutional courts that seek to guarantee environmental justice based on two central aspects: on the one hand, the legal personality of nature and its elements and, on the other, the constitutional duty to protect the environment. Such analysis attempts to prove that the former is inappropriate to protect the natural environment and its components; while the second is suitable for this. Precisely, in the second aspect, the Court orders the implementation of an action plan to decontaminate the basin and the creation of bodies (commission of guardians and a panel of experts) to guarantee the effective implementation of human rights and the cessation of the serious violation to these same fundamental and collective rights. We consider that it is a “structural failure” in its dialogical typology. |
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