INTRODUCTION

In 1991, Colombia adopted a remarkably progressive Constitution, and the Constitutional Court established therein has emerged as a leading actor in the affairs of the country. The Court is the highest judicial body and is entrusted with the ‘safeguarding of the integrity and supremacy of the Constitution’ (article 241). This has prompted a profound change in the legal culture of the country, including considerable attention to the judicial enforcement of economic, social and cultural rights. Composed of nine judges elected by the Senate for a period of eight years with no re-election, the Constitutional Court has taken extraordinary steps towards making the protection of economic, social and cultural rights effective in the country. This protection has been achieved through the abstract constitutional review of legislation, as well as through decisions adopted in individual cases.

According to article 1 of the new Constitution, Colombia is a ‘social state’ (estado social), ‘based on respect of human dignity, on the work and the solidarity of the individuals who belong to it, and the predominance of the general interest’. These principles, considered the pillars of the Colombian State, combined with specific constitutional rights, have provided the basis for the Constitutional Court's decisions regarding the protection of economic, social and cultural rights (‘ESC rights’).

The main mechanism for the judicial protection of these rights is the writ of protection of fundamental rights (acción de tutela or tutela action), which is one of the most important instruments envisaged in the Constitution to guarantee respect for human rights.