Constitucional Court and armed conflict. Social policies oversight under the Colombian conflict

Abstract

This article describes and analyzes the role of the Constitutional Court towards the armed conflict, by guaranteeing the rights of the victims and formulating a policy to overcome the Colombian armed conflict. The research is developed in three parts. The first part introduces some tools for analysis in order to address the judicial practices, such as experiences of social transformation through public policy. The second part addresses the competence and the role of the judge regarding the design of the strategies for the adjudication of the rights, especially in the ambit of armed conflict, by analyzing the decisions of the Constitutional Court with regard to the fundamental right of safety. Ultimately, in the last part, the article identifies the Constitutional Court’s strategies for the reparation of rights and the elimination of the conflict. These strategies allow us to analyze government policies and the judicial control over these policies.