Afectación del derecho al medio ambiente por la proliferación de acentamientos humanos ilegales para brindar acceso a una vivienda digna en un grupo poblacional vulnerable

Abstract

The purpose of this research article is to provide a comprehensive analysis, from a legal and jurisprudential perspective, of the issue at hand: illegal human settlements in Colombia, a phenomenon that has gained momentum in many regions of the country as a result of various social, economic, and territorial factors. Thus, these settlements, which initially emerged as informal responses to the need for housing, have undergone various processes of consolidation and expansion; in some cases, this has had a significant impact on the environment, particularly in areas of special ecological protection, reserve areas, and territories with high environmental fragility. Within this framework, the research explores the relationship between two central legal aspects: On the one hand, environmental protection, as a common legal good that, in current jurisprudence, has even been granted the status of a rights-bearing subject; and, in contrast, the fundamental right to decent housing, closely linked to human dignity and the minimum conditions for existence. This tension reveals an intrinsic conflict between the urgency of ensuring fundamental social rights and the State’s duty to safeguard natural resources, ensuring the sustainability of the environment. Given this context, the study focuses on identifying and analyzing the legal instruments provided for in the Colombian legal system to address this dilemma, including constitutional provisions, laws, and regulations, as well as the case law issued by the Constitutional Court of Colombia and other courts. In particular, the study evaluates the criteria used by case law to resolve conflicts between fundamental rights and collective rights, and likewise, the principles of proportionality, sustainability, and the social function of property are subjected to scrutiny. Likewise, the article seeks to identify the main shortcomings in the implementation of public policies aimed at land management and the prevention of illegal settlements, highlighting the absence of effective urban planning, institutional weakness in land-use control, and insufficient coordination among state entities. These conditions have contributed to the persistence of the phenomenon and the generation of socio-environmental conflicts that are difficult to resolve. In conclusion, this study offers an in-depth analysis aimed at designing a series of legal and administrative measures to protect the environment without infringing upon the right to a dignified life, seeking to reconcile environmental protection with the full guarantee of the right to decent housing. From this perspective, several approaches are suggested, including sustainable land-use planning, the regulation of existing settlements under specific conditions, and the implementation of comprehensive policies that address the structural roots of the issue; all of this to effectively protect the two rights in question and move toward a more just and sustainable development model.