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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

T-426 (1992) (Constitutional Court of Colombia)

David Landau

Subject(s):
Egalitarianism — Public interest — Justiciability — Social rights — Social security — Fundamental rights

Published under the direction of the Max Planck Foundation for International Peace and the Rule of Law.
General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.

1. Decision T-426 of 1992 is an important individual complaint (or tutela ) decision of the Constitutional Court of Colombia (Corte Constitucional de Colombia) . The decision involved the spousal pension rights of an elderly man. The Court granted the tutela . The decision helped to establish two critical propositions that have remained important in Colombian Constitutional Law today: the justiciability of socioeconomic rights under certain conditions, and the implied right to a ‘vital minimum’ ( right to minimum level of subsistence ). The decision thus helped to...
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