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Estudios constitucionales

On-line version ISSN 0718-5200

Abstract

AREVALO ROBLES, Gabriel Andrés  and  CASTELLANOS CORTES, Omaira Esperanza. The right to health of Venezuelans in an irregular migratory situation in the Colombian constitutional jurisprudence (2016-2019). Estudios constitucionales [online]. 2020, vol.18, n.1, pp.475-500. ISSN 0718-5200.  http://dx.doi.org/10.4067/S0718-52002020000100475.

This article aims to analyze the processes of inclusion / exclusion of the fundamental health right of Venezuelan citizens in an irregular migratory situation. The central argument is that the Political Constitution of Colombia (1991) established an exception rule that gives the opportunity to suspend the fundamental rights of certain foreigners. When the Constitutional Court adopts this rule in his decisions, the right to health of people with irregular immigration status is limited and the vast majority of times excluded from their constitutional rights. In order to develop this affirmation, the following question will be taken as a guide: were the fundamental rights to health, integrity and a dignified life fully guaranteed to foreigners in an irregular migratory situation in Colombia? To answer it, the study method known as the jurisprudential line applied to the judgments of the Constitutional Court of Colombia produced between 2016 and 2019 will be used.

Keywords : irregular migration; right to health; Venezuelans; jurisprudence; Colombia.

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