Fundamentality of Constitutional Rights in Bolivia and in Colombia: Social Rights

Abstract

Within the context of the fundamentality of constitutional rights, several authors have discussed the fundamental features of social rights. Undertaken as from a review of constitutional texts that specify which rights are basic, the categorization falls within an incomplete conclusion since it fails to consult the conceptual statute of fundamental rights fixed by constitutional courts. The Pluri-National Constitutional Court of Bolivia and the Constitutional Court of Colombia hold that all rights emanating from the Constitution, including social rights, regardless of their place or classification in the constitutional text, are fundamental rights within the same hierarchy and direct juridical tutelage. Current paper describes, through the exploratory, deductive and comparative method, current jurisdictional stance in Bolivia and Colombia on the fundamentality of rights, mainly the social ones.