PRINCIPLE OF DUE DILIGENCE IN COLOMBIAN JUDICIAL PROCESSES

TOWARDS AN INTER-AMERICAN STANDARD OF STATE OBLIGATION AND DUTY IN HUMAN RIGHTS

Abstract

The purpose of this paper is to analyze the figure of due diligence and its character as an inter-American principle and standard with respect to the legal context of the American Convention on Human Rights in the Colombian State. That is why it starts from understanding that the figure has a special doctrinal and jurisprudential development, to the extent that it is the Inter-American Court itself that has been in charge of giving structure to the figure in a special way. This allowed the main result to be understood that although due diligence had a special application – in crimes and violence against women according to the Belém do Pará convention itself – this could become due to the same interpretation of the Convention American as a general precept of the same international law and can be applied as a guarantee of all judicial processes in the Colombian State. Therefore, it was concluded that the double character of due diligence works as a principle in what respects due legal process and as a standard in what respects human rights.