Abstract

DUARTE MARTINEZ, Carlos Arturo. The Exposed Social State of Law: Fiscal Sustainability and the Judicial Regression of Social Rights in Colombia. Cuest. Const. [online]. 2023, n.48, pp.183-218.  Epub Jan 12, 2024. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2023.48.18040.

In this text, the Unification Sentences 1073 of 2012 and 230 of 2015 are analyzed and it is exposed how in them the Constitutional Court promotes the regression to social rights. The effects that these have within the constitutionality control system allow us to identify a constitutional evasion, since it is impossible for the principle of non-regressiveness to be applied as a criterion of justiciability. These decisions have been reiterated in subsequent years and leave without judicial guarantees the clause of the Social State of Law of the 1991 Constitution in the face of fiscal sustainability. This also violates the standard of effective judicial remedy enshrined in the American Convention on Human Rights.

Keywords : pension rights; fiscal crisis; constitutional control; amparo trial.

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