Extractivism, Nature and Indigenous Peoples: Jurisprudential Approach from the Position of the Colombian Constitutional Court on the Right to Prior Consultation

Since the promulgation of the Political Constitution of 1991, Colombia went through a series of changes in its foundations as a State, since it went from being a State of Law to a Social and Democratic State of Law. This assertion allowed human dignity to be established as the main pillar of all actions carried out within the state apparatus. This allowed the expansion and recognition of multiple rights, as well as the essential elements that constituted Colombia. However, this situation has not been fully defined and clear for indigenous peoples, since it has been the constitutional court through its own jurisprudence that has been framing the evolution of the rights that such communities have with regard to prior consultation, expanding and creating rules and sub-rules on the ways in which this right operates. So that would arise as a problem: How has the Constitutional Court protected the rights of indigenous communities and tribal peoples within the Colombian State regarding the recognition of prior consultation? whose main response made it possible to determine that in effect the high court has not only been the safeguard of the indigenous communities when developing its legal framework, but also the operation of the prior consultation.

• Glavni autor: Lozano Parra, Johan Sebastian (author)
• Daljnji autori: Jaimes Melgarejo, María Fernanda (author)
• Format: article
• Jezik: spa
• Izdano: 2024
• Teme: Constitución; derechos humanos; ecosistemas; jurisprudencia; medio ambiente; recursos naturales; población indígena; Constitution; human rights; ecosystems; jurisprudence; environment; natural resources; indigenous population
• Online pristup: https://revistas.uasb.edu.ec/index.php/andares/article/view/4522