The prior consultation in the constitutional jurisprudence of Colombia: Line analysis between 1997-2015

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German Cifuentes Sandoval
Belinha Herrera Tapias
Luz Mantilla Grande
Paola Carvajal Muños


Prior Consultation, indigenous communities, jurisprudential line


This article presents a jurisprudential line study related to the judicial treatment that Colombia’s
Constitutional Court has given between 1997 and 2015 to the obligation of consulting to the indigenous communities beforehand when it comes to adopt legislative measures that could affect
their rights (including the ones related to existing natural resources in their territories). The line
was developed just as the methodology proposed by the professor Diego Lopez Medina (2006, p.
169). In his book El derecho de los jueces and in the case of changes incorporation at the rushed
methodology we will do the observation in the footnotes.


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