Guarante of colombian constitutional rights from an economic perspective at the dawn of the xxi century

Abstract

The 1991 constitution proposes a restructuring in most of the aspects that concern society, of which the political one can be highlighted with the passage from a State of Law to a Social State of Law where the defense of dignity prevails human rights and protection guarantees not only individual, but also collective, and constitutional principles are added that are called founders of the new state model.

Next, the economic aspect that brings with it the recognition of second and third generation rights derived from the International Covenant on Economic, Social and Cultural Rights.

On the other hand, the constituent provides citizens with powers to directly demand the guarantee of their fundamental rights, specifically, the Guardianship Action enshrined in art. 86 of the Political Constitution.

Another aspect to be highlighted is the quality of the determining factor that the prioritization of public spending wisely acquires, v. gr article 334 above.

Consequently, from the restructuring, the concern arises to investigate how the State manages to effectively materialize all its constitutional guarantees, taking into account that one of the determining elements to achieve this objective is the economic factor.