La protesta social, desde los estándares internacionales en Colombia: un derecho en tiempos de Covid

Abstract

The phenomenon of social protest, as the first right to claim for the vindication of vital minimums such as education, health, food, culture, in an environment surrounded by the political sphere, and together with the phenomenon of the covid pandemic, tends to establish a series of situations of restriction to the practice of the right to claim, given from the constitutional and inter-American sphere, indicated under the topics of the right to public and peaceful assembly and demonstration. It is essential to determine that the right to social protest from international standards, as a right in itself, keeps a paradigm since the 1991 constitution, in the act of establishing the scope and its limit from the law, especially the statutory law. It should be noted that the phenomena of criminalization and state of emergency, as elements oriented by the principle of public order and citizen security, in the extension of issuing rules, resolutions and laws that restrict freedom of expression, the right of assembly and public and peaceful demonstration materialized in social protest; in this way, the Inter-American Commission on Human Rights established parameters from its observation of the exercise and development of the events that took place in the protest of the strike phenomenon in the period 2020-2021, which marked a way of feeling, thinking and exercising the protected right of social protest in the midst of the pandemic phenomenon.