The Colombian Legal Framework for Social Rights and the Challenges of a Post-conflict Society

Abstract

This national report on Colombia focus on the most relevant aspects of how social rights and the fight against poverty are addressed and protected in the Inter-American Human Rights System and in the Colombian constitutional law. It also tackles the main legal tools in the interaction between international and domestic law. The discussion on social rights at the inter-American and constitutional level takes place within the context of the right to a dignified life, the fight against poverty and the satisfaction of an adequate minimum standard of living. Additionally, at a domestic level, the report shows that the Colombian Constitutional Court has been an essential actor in guaranteeing the social rights charter included in the 1991 Constitution and in creating a privileged protection framework for the most vulnerable communities. Lastly, the report makes some remarks on these issues regarding the current situation of Colombia and its transition from an internal armed conflict to a post-conflict scenario, discussing how the peace agreement can potentially enable social change. This last part suggests that besides the relationship between the armed conflict and Colombia’s economic resources, to achieve greater compliance with social rights requires also political will.