The research problem proposed by the research project is part of the discussions of legal theory on the production of new human rights, in particular of collective rights, and their recognition by international instruments and legal systems, as well as the demands of global social movements for their enforceability and justiciability. the question of the existence of collective rights is controversial and pertinent at the present time in the field of legal study, since the conceptual advances point or the recognition of new rights by the states in response to the mobilizations and social demands, or on the contrary, the answers offered by the students of law,they constitute criticisms of the discourse of human rights because of their dogmatic impressions and abuses that revert to the ineffectiveness of their protection.
Analyze the theoretical discussions about the existence and content of collective rights with emphasis on the right to the city and the right to a healthy environment.
Contribution to the legal reflection on the configuration of the right to the city, given that the studies carried out have been approached from social movements, and not properly from the legal approach. as advantages, it stands out the contrast that the research will make with the collective right to the healthy environment, expressly recognized by the colombian positive law and with an important constitutional jurisprudence that has given it development. such a contrast will make it possible to establish the conditions for the recognition of collective rights in colombia and the construction of their content, as a useful theoretical basis for the analysis of the right to the city, as an emerging right based on their claim by social movements. strengthen the claim of collective rights, based on the study of the right to a healthy environment,as a positive collective right, and the right to the city as an emerging right.
|Effective start/end date||9/02/16 → 30/06/17|