Abstract

SARAVIA CABALLERO, Jackeline  and  RODRIGUEZ FERNANDEZ, Andrea. FORCED INTERNALLY DISPLACED PERSONS ON UNCONSTITUTIONAL STATE OF AFFAIRS, A PENDING CASE. Prolegómenos [online]. 2015, vol.18, n.35, pp.121-134. ISSN 0121-182X.  https://doi.org/10.18359/dere.814.

This article discusses the precedents and the concept of unconstitutional state of affairs in Colombia, aiming to specify its elements and establish contributions by the Constitutional Court in real and effective protection of citizens rights, by using this legal tool. First, it refers to sentences that tackle factual situations that the Court qualifies as states contrary to the Constitution. Then, it alludes to the case T-025/2004 in which the Court established the elements of unconstitutional state of affairs and set up a new process for monitoring compliance with orders issued, in addition to requiring a differential approach for different vulnerable groups within the affected population. Finally, it deals with the legitimacy of activism by the Constitutional Court when acting within this process.

Keywords : Unconstitutional state of affairs; differential approach; monitoring process; structural lawsuit.

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