Main content

The Right to Prior Consultation and the Incorporation of International Treaties in Colombia: The Dynamic Analysis of Constitutional Precedents

Show full item record

Title: The Right to Prior Consultation and the Incorporation of International Treaties in Colombia: The Dynamic Analysis of Constitutional Precedents
Author: Munoz Chamorro, Carlos Daniel
Department: Collaborative International Development Studies
Program: Latin American and Caribbean Studies
Advisor: Johnson, Craig
Abstract: Under specific circumstances, Colombian Constitutional Court’s decisions become constitutional precedent. Constitutional precedent establishes judicial sub-rules or regulations in given constitutional scenarios that must be followed by all actors involved in future legal disputes or constitutional examinations. In Colombia, judicial sub-rules are binding provisions and a source of law that make part of the national legal system. This study examines the judicial evolution of the constitutional rights to prior consultation with respect to the incorporation of international treaties impacting Indigenous peoples into the Colombian legal system. Looking at six leading cases from 2010 to 2019, the thesis finds that the Court has gradually moved toward a more protective set of sub-rules to guarantee the right to prior consultation over the time period studied. The research identifies four phases that shed light on the evolution of Indigenous rights to prior consultation.
URI: https://hdl.handle.net/10214/25670
Date: 2021-04
Terms of Use: All items in the Atrium are protected by copyright with all rights reserved unless otherwise indicated.


Files in this item

Files Size Format View
MunozChamorro_CarlosDaniel_202104_MA.pdf 1.597Mb PDF View/Open

This item appears in the following Collection(s)

Show full item record