Responsabilidad de la vulneración de los derechos humanos del estado colombiano frente al caso de Bedoya Lima vs Colombia

Abstract

A comprehensive understanding of access to justice implies the obligation of States to comply in good faith with international human rights obligations, which in turn is related to effective compliance with judicial decisions. In this context, in view of compliance with the decisions of the Inter-American Human Rights System, the first element that must be taken into account is that once a State ratifies the American Convention, it undertakes to abide by the rulings issued by the Court in contentious matters. , as deduced from Articles 1 and 2 of the American Convention, where the rights and duties of the States parties are established. It is evident that for the decisions of the Inter-American System to be effective, the recognition of the Court by the States is needed. In the Colombian case, this recognition has been made through the Political Constitution and the interpretation made by the Constitutional Court of Colombia and the Council of State. Sometimes, with their statements, some States question the degree of binding nature of the decisions issued by the Commission, for example, it is argued that they are not binding. The jurisprudence of the Inter-American Court has been emphatic in maintaining that the decisions on the cases before the System are binding for all States in accordance with the principle of good faith that governs international relations.