Subsistence of local communities in Colombia. From a legal statement to fundamental right: jurisprudence analysis
DOI:
https://doi.org/10.17533/udea.esde.2403Keywords:
local communities, livelihoods, Constitutional Court, Council of State, dynamic analysis of decisions, constitutional precedentAbstract
This article develops the line of case law on the livelihoods of local communities in Colombia. We use the method for dynamic analysis of precedent, proposed by Professor Diego Lopez Medina, in which, through a “reverse engineering”, defines the “Landmark Decisions, Founders Decisions and Confirmation Decisions”****, seeking to describe how the judges, and especially the Constitutional Court and the Council of Sate*****, have responded on the protection of the right of subsistence for local communities: indigenous, Afro-Colombian and peasants, bearing in mind the close relationship of these with the natural environment in which they live. In addition, it is problematized about the legal concept of subsistence, when it becomes from a mere legal statement into a fundamental right, by constitutional interpretation.
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