Abstract

VARGAS TINOCO, ALEXANDER. The Blurred Contours of the Essential Core of the Fundamental Right to Reparation in Colombia. Reflections on its Specification. Rev. Derecho Privado [online]. 2023, n.45, pp.173-206.  Epub June 04, 2023. ISSN 0123-4366.  https://doi.org/10.18601/01234366.45.07.

Currently, the Colombian Constitutional Court has settled that the Fundamental Right to Reparation has an essential core that cannot be trespassed by Legislators. Nonetheless, the way in which this core has been specified lets many doubts about the entitlement of the Right, its content, and the competence of the Legislator to modify it. This paper aims to show these difficulties and propose some theoretical elements that could be applied to construct a generic core for the Right to Reparation, accepting the limited possibilities of specifying in exact terms an essential core for it.

Keywords : reparations; fundamental right; essential core; torts; harm; tort law.

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