Abstract

MOSQUERA CARO, Escolástica del Rosario  and  HINESTROZA CUESTA, Lisneider. Tutela: Transient or autonomous mechanism for the protection of collective rights of ethnic groups in Colombia?. Justicia [online]. 2017, n.31, pp.188-202. ISSN 0124-7441.  https://doi.org/10.17081/just.22.31.2606.

Colombian law provides for the popular action as the specific constitution al mechanism for the protection of collective rights, including the enjoyment of a healthy environment is. Through documentary research with descriptive analytical approach, that part of the revision of regulations, doctrine and juris prudence, the origin of the tutela as a transitional mechanism for the protection of collective rights, provided they present connectedness was determined be tween the infringement collective rights and the impact on fundamental rights. However, in the case of fundamental collective rights of ethnic groups such as the right to collective ownership, tutela operates autonomously and not tem porarily, since almost all the rights of these communities are of fundamental character although both are collective.

Keywords : Tutela; Collective rights; Fundamental collective rights; Ethnic groups.

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