Abstract

CIFUENTES SANDOVAL, Germán; HERRERA TAPIAS, Belinha; MANTILLA GRANDE, Luz  and  CARVAJAL MUNOZ, Paola. The prior consultation in the constitutional jurisprudence of Colombia: Line analysis between 1997-2015. Justicia [online]. 2018, n.33, pp.11-36. ISSN 0124-7441.  https://doi.org/10.17081/just.23.33.2872.

This article presents a jurisprudential line study related to the judicial treatment that Colombia’s Constitutional Court has given between 1997 and 2015 to the obligation of consulting to the indigenous communities beforehand when it comes to adopt legislative measures that could affect their rights (including the ones related to existing natural resources in their territories). The line was developed just as the methodology proposed by the professor Diego Lopez Medina (2006, p. 169). In his book El derecho de los jueces and in the case of changes incorporation at the rushed methodology we will do the observation in the footnotes.

Keywords : Prior Consultation; indigenous communities; and jurisprudential line..

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