El campesino como sujeto de especial protección en el ordenamiento jurídico colombiano

Abstract

Historically, the Colombian peasant has been one of the populations most affected by the violence that Colombia has suffered since the mid-50s, by illegal armed groups, such as the guerrillas and paramilitaries in the mid-90s. the 2,000's and currently in some regions of the country by the bad calls bacrim, putting on all kinds of abuses from the dispossession of their lands, forced displacement and all kinds of violations of human rights. With this article we will expose, from its definition, their social rights, their participation in public policies promoted by the Colombian State, and how these subjects of special protection need to be recognized by the State to claim their rights. In this sense, the Colombian state has the obligation to guarantee progressive access to land, the right to credit and, in turn, the protection of food production for agricultural workers, as established in articles 64, 65. and 66 of the Political Constitution of 1991, guaranteed in this way, dignified conditions that not only protect workers, but also allow the necessary conditions for the development of this economic sector. Despite the fact that efforts have been made in the matter, at present, the country's legal system has not been able to carry out a true conceptualization of what is "peasant", proof of this is Law 101 of 1993, Law 160 of 1994 and Decree 1071 of 2015, where it can be seen that the rights consigned therein do not cover all the needs of workers, mainly due to the existing gaps in the recognition of their special rights as a social group.