La Pandemia y las Tensiones entre los Derechos Fundamentales al Trabajo y a la Salud, un Análisis desde el Test de Proporcionalidad

Abstract

The objective of this article is to describe and analyze the tensions generated between the fundamental right to work and the fundamental right to health, as a consequence of the restrictions and limitations that were imposed on people, through decrees: 417, 457, 531, 488, 770 of 2020 and resolution 385 of 2020 to try to contain the spread of COVID 19. The writing aims to demonstrate how these decrees drastically limited and restricted the fundamental rights to health and work, generating tensions and collisions between them that triggered serious imbalances in the productive apparatus with disastrous economic and social consequences that translated into a deterioration of the fabric. social, growth in unemployment and the economic capacity of the most vulnerable populations. The study included the review and analysis of primary and secondary sources, including: the political constitution of Colombia, the decrees: 417, 457, 531, 488, 770 and resolution 385 of 2020, jurisprudence and doctrine, figures and data from DANE in regarding economy, employment and health and the opinion of unions, economic sectors and the media was also taken into account, in this way the structure and content of this article was configured, which is divided into four parts as follows: Origin of the pandemic, emergency decrees, facts, data and effects, application of the Proportionality Test and conclusions. The topic is of interest, because it raises the contradictions that can arise when a crisis of this nature confronts fundamental rights and what the institutional response should be, when similar crises occur, where on the one hand the economy and the fundamental right to work and health.