Poverty and Colombian constitutional jurisprudence: The Recyclers case
This paper studies the constitutional interpretation of public policy measures to overcome poverty in a traditionally marginalized group: the recyclers. The employed methodology is the construction of a new case-law line, identifying the main arguments used by the Constitutional Court to resolve them, and then discussing those arguments departing from the theoretical contributions of Professor Thomas Pogge, specifically from his Institutional interpretation of Human Rights. Finally, this paper concludes that the configuration of new administrative and institutional procedures for the consolidation of a new, more inclusive and participatory institutional-governmental model, specifically for the economically disadvantaged groups, is a significant structural change that cannot be postponed if we wish to progress towards overcoming poverty.
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Format: | Digital revista |
Language: | spa |
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Universidad de Chile. Programa Domeyko
2013
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Online Access: | https://sye.uchile.cl/index.php/RSE/article/view/26335 |
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Summary: | This paper studies the constitutional interpretation of public policy measures to overcome poverty in a traditionally marginalized group: the recyclers. The employed methodology is the construction of a new case-law line, identifying the main arguments used by the Constitutional Court to resolve them, and then discussing those arguments departing from the theoretical contributions of Professor Thomas Pogge, specifically from his Institutional interpretation of Human Rights. Finally, this paper concludes that the configuration of new administrative and institutional procedures for the consolidation of a new, more inclusive and participatory institutional-governmental model, specifically for the economically disadvantaged groups, is a significant structural change that cannot be postponed if we wish to progress towards overcoming poverty. |
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