Abstract

OBERARZBACHER DAVILA, Franz Erwin. The justiciability and the vital minimum of the DESC: theory and practice in Colombia. Rev. Fac. Derecho Cienc. Polit. - Univ. Pontif. Bolivar. [online]. 2011, vol.41, n.115, pp.363-400. ISSN 0120-3886.

The Colombian Constitutional Court has a clear tendency towards rights protection. The Mexican constitutional justice should not ignore the development on human rights that this Court has achieved over the last twenty years. A debate of crucial importance this Court has dealt with refers to the Economic, Social and Cultural Rights (ESCR) and the concept of vital minimum. This debate is, nonetheless, far from been disseminated among Mexican judicial thinking. That is why this essay tries to contribute to the advance of the conceptual and judicial development of the ESCR in Mexico by analyzing some of the main judicial interpretations the Colombian Court has kept since its creation.

Keywords : economic; social and cultural rights; civil and political rights; justiciability; benefits law; social State; minimal protected right and substantial equality.

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