The conventionality of the sanction of removal and disability by the office of the attorney general of the nation, from the perspective of the american convention on human rights

Abstract

In Colombia, the consequences derived from the ratification of different international human rights instruments have led to multiple convictions for breaching the obligations derived from there, and despite the fact that considerable time has elapsed, the scope of such provisions is still not clear, among them mention can be made of what corresponds to political rights and their treatment according to the American Convention on Human Rights, since, in accordance with Colombian regulations, complemented by jurisprudential pronouncements of the Constitutional Court, which have been controversial among others by the Council of State, has concluded that the limitation to such rights can be carried out by administrative authorities such as the Office of the Attorney General of the Nation, and, through a meticulous review of the conventional text, added to the jurisprudence of the Inter-American Court of Human Rights as the highest interpreter of the same, it will be evident that this conclusion is far from an adequate exercise of control of conventionality. To this extent, the importance of dealing with this matter is denoted in the eventual international responsibility that may once again fall on the Colombian State for not strictly interpreting and applying the conventional provisions to which it has voluntarily adhered, that is, efforts must be strengthened to comply with the conventional mandates and the authorized interpretations thereof, under penalty of continuing to commit violations of international human rights law, specifically the inter-American system that seeks to protect them.