Repercusiones legales del nivel nacional e internacional ante el incumplimiento de colombia del bloque de constitucionalidad y no ejercicio del control de convencionalidad

Abstract

The human being is the source of all rights, for this reason, the law is at the service of the guarantee and protection of their rights, and not a contrario sensu as it was conceived in different historical periods, and societies as a tool for the violation of Human Rights.

After the Second World War, in the international framework, instruments for the protection of Human Rights have been created, such as the European Convention on Human Rights of 1953 and the American Convention on Human Rights "Pact of San José, Costa Rica", carried out between November 7 and 22, 1969, where it is clearly stated that any transgression and violation of these rights entails the assumption of responsibility by the States.

The creation of an International Law, understood as a set of principles and norms, inspired by ideas of Justice, Order and Peace, has to be guaranteed, in each of the States, without considerations of sex, race, national or family origin, language, religion, political, ideological or philosophical opinion of the inhabitants, independent of the continent, region or place of origin of these. Therefore, within the International System for the Protection of Human Rights, it is the duty of the States to submit their legal systems and acts, as well as the functioning of their institutions, operators and state agents of justice to the fulfillment of guarantees before the invocation and demand for justice.

This research has been developed within the framework of the conventional evolution of the States Parties and the duty to submit to the stipulations of the American Convention on Human Rights Pact of San José, Costa Rica, which took place between November 7 and 22, 1969, in order to defend the Essential Rights of Man, understood as attributes of the human person, which merit International Protection and should not be subject to the discretion of the States, their rules or their legislators, which would be detrimental to Human Dignity.