THE CONSTITUTIONAL COURT.
I L July 4, 1991, the Colombian Constitution established by Article 241, within the judicial branch of public power, the Constitutional Court, giving it the task of upholding the Magna Carta.
L to the Constitutional Court has to decide:
1. S ulle requests and questions of constitutionality promoted by the city against the laws, decrees having the force of law dictated by government legislation and constitutional reform;
2. decide on the constitutionality of the convocation of a referendum or a constituent assembly to reform the constitution;
3. decide on the constitutionality of the referendum on laws, plebiscites and popular consultations of national order;
4. Run the constitutional check on legislative decrees dictated by the government to resort to states of emergency.
5. final decision on the objections unconstitutional for the government formula against bills, and to decide on an integral and preventive statutes approved bills to the parliament.
6. Decide on the enforceability of international treaties signed by the Colombian state and the laws that have ratified in accordance with Article 86 of the constitution.
7. recognize the legal decisions related to the action of protection.
The constitutional jurisdiction of the Court as a guide, the authorized interpreter of his condition, case law establishes rules for the application of the rules contained in the paper magna. * The Constitutional Court can review the judgments, with the aim to unify and meet the Constitutional Court, even those among the many principles of equality and legal security .
L 'ACTION FOR PROTECTION.
L a Colombian charter ensures that, through the action of protection, which is one of the most effective, the right to immediate judicial protection of rights of '91 fondamentali.La Constitution does not state clearly which and how many there are fundamental rights, must therefore be interpreted as a vast catalog open when we find a restrictive list within a specific standard, in accordance with the Constitutional Court (Case T-214 of July 10 of 1992) the "fundamental" value of a right will be determined on a case by case basis.
Article 2 of Decree 2591 of 1991 said:
" La acción de protection 22 garantiza los derechos constitucionales fundamental. When a custody decision concerns a right not expressly stated in the Constitution as fundamental, but whose guardianship naturalezza allow for specific cases, the Constitutional Court will give priority in the review of this decision. "
L 'azione di allora sarà protection concepita eat a strumento.
· Subsidiary: being applicable when there is no other means of legal defense.
· immediate: since its purpose is to give a rapid response to the protection and urges that the subject requires.
· Simple: there are no difficulties in implementing it.
· specification: it is the only effective protection of rights fundamental.
· Effective: asking a judge to study the situation thoroughly, before promulgating the verdict.
L 'action in the constitutional order of protection was prepared as a Colombian judicial proceedings subsidiary, and remaining independent, to facilitate the judicial review of acts and omissions committed drawn up by the public and private powers which could adversely affect the rights foundation, which is why the Constituent Assembly entrusted the task to all national courts - except and criminal-military and the indigenous jurisdiction and the justices of the peace.
The protective action is brought by the court in the place where the events occurred and, if the city considers it necessary, may request the presence of the Defender of the People ( this figure will be explained later). Considered the number of actions to protect the defender of the people who could not attend, instruct the defenders or regional Personeros municipales, a strange figure, but attributed by the Colombian providing protection actions can be interposed by the representatives.
statistics on the number of actions to protect submitted from 1992 onwards, as if they can see in the following table and graphs, they point out, not only the growth in the use of this mechanism as well as the tutelas, Sianne mainly used to guarantee the right to health. For example, in 1993, the first protections were interposed to the interference with the right to a pension fund duly closure of the National Social Forecasting (CAJANAL) and from 1995 onwards, they begin to have recourse to appeal against abuse committed by law 100 of 1993, where he was the law established a system of competitive health (U.S. type) that if revealed to the inefficient to solve the problem of lack of health services and the situation becomes even more serious with each passing years.
N she attached table indicates the number of presidential terms because it is considered important to study and to point out, as at specific stages of specific governments and presidents, the actions of protection and splosiva Sianne climbs so will the analiza Chapter 4 and explained in more detail.
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| Shares of Total Protection + Action protection for the right to health PERIOD 1992 - 2009 sources: the Constitutional Court, Ombudsman |
As can be seen in Table 2, "in 1996, 31,248 verdicts, corresponding to 79 actions to protect every 100 000 inhabitants, while 143,887 verdict in 2002 corresponds to a rate of 335 measures of protection for every 100 thousand inhabitants." 24 We can say that, for the effectiveness and the promptness of the responses of court officials, the action of protection is widely used and well-established in Colombian society. Most of the measures of protection starts from the lack of response to requests from citizens to public authorities for inefficiency in service delivery, public authorities unnecessary delay in resolving complaints, the problems of speed, high cost of the action the ordinary justice as a corrective mechanism for violations of rights. In particular, the actions are related to the protection of labor rights, the payment of salaries, redundancies, social security (health).
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| Shares of Total Protection + Action protection for the right to health PERIOD 1992-200 9 |
In 2005, the Organization of Ibero-American Social Security (OISS) reported that in Colombia were presented annually, on average, from 50 thousand to 60 thousand shares of protection, about one every 4 or 5 minutes, 80% of these protections were against public institutions and more than 75% were related to health . In the same year, the Defensor del Pueblo had another type of study 25 , the actions of protection of health , who get next links in the Defensoría in its duty to defend the rights, studies since 1999 and is a privacy protection and particular area, which covers health, revealing the following data:
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| Source: Defensor del Pueblo. http://www.defensoria.org.co/red/ |
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