Responsabilidad internacional del estado colombiano por daño: una perspectiva desde la protección constitucional y convencional desde el año 2014

Abstract

Starting with the 1991 Constitution, the State's non-contractual liability system underwent a significant transformation by widely incorporating the fundamental rights enshrined in conventional instruments. According to the constitution, the State assumes the role of guarantor of the protection of these rights, and its liability regime becomes essential to recognize and repair unlawful damages attributable to its actions or omissions. This is why the Council of State has had an important evolution in relation to what the administrative judge repairs and the way in which it is carried out, damages such as moral, physiological, health, life in relationship, to the conditions of existence and of course to the constitutionally and conventionally protected goods or rights. This set of changes has given rise to legal instability in the application of damage identification and in the form of reparation both to the legal operator and to all users of the system. The Council of State in its third section seeks to grant them their own typology and autonomy in this damage in order to adequately implement comprehensive reparation to the victims of this damage.