Abstract

ALZATE JARAMILLO, Alirio Jesús  and  MOJICA ARAQUE, Carlos Alberto. The lack of guarantee of sexual rights in Colombia: a matter of normative inefficiency?. Cuest. Const. [online]. 2020, n.43, pp.541-584.  Epub Dec 13, 2021. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2020.43.15194.

Sexual human rights are constantly demanding effective protection by the state power in order to verify a true legitimization of the constitutional and legal contents that are erected for this purpose. This article analyzes the different normative prescriptions enunciated through the constitutional and criminal dogmatic, national and international, that are channeled to protect these rights and where the different conceptions about those find no doubt a validity in their construction from the concept of human dignity.

A critical analysis of these norms allows us to verify in principle how fragile the power and strength of the State are to guarantee these rights, when from the same dialectic it is also possible to construct a discourse of inefficiency of those norms. However, that qualifier verified in some way in the practice seems to remain the result of the historical and unchanging behavior of its recipients; which prevents consolidating a true barrier against eventual transgression. When this irrationality is overcome, it will then be possible to verify what the State longs for teleologically through Law and power, which, among other purposes, is respect for the sexual rights of others.

Keywords : protection; sexual rights; normative efficacy; dogmatics; power; dialectics; axiology.

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