Social rights precariousness of displaced population in a context of fiscal sustainability

Abstract

The treatment of the minimum vital right of displaced population in the Colombian constitutional jurisprudence deserves further reflection. Especially when trying to evidence the scope that that right has had as a consequence of implemented actions by the State from the unconstitutional state of affairs declaration in 2004. Civil rights have been traditionally understood as welfare-rights, which imply an economic responsibility for the State and its satisfaction depends upon assigned resources, its efficiency and the development of public policies. Notwithstanding, the recognition and vindication of the latter rights after the Legislative Act 03 of 2011 is limited given the imposition of restrictions, which especially affect the minimum vital and condition its effectivity to the existent budget in public institutions. From this perspective, this paper tries to answer the question: Is there a minimum vital considered a civil right of displaced population in the framework of Colombia fiscal sustainability? This academic exercise contains first the importance of the minimum vital right of displaced population         as a consequence of the material dignity principle in the Colombian constitutional jurisprudence; and second, the scope of the declaration of the unconstitutional state of affairs in the context of fiscal sustainability.