Fundamental right to love in Colombia: a rhetorical constitutional commitment with limited practical materialization
Abstract
The Colombian Political Constitution of 1991 transforms the legal landscape that existed until then, given that it embraces a Social State of Law that classifies human rights into different generations. The first of these generations corresponds to fundamental rights, which can be demanded immediately as the minimum necessary for the subsistence of any person. Thus, and as a disruptive innovation, this higher standard enshrines love as a fundamental right for boys and girls. However, its indeterminate nature prevents full materialization through constitutional actions, since it is not possible to force someone to love another person. Consequently, this article delimits the theoretical scope of this right as a constitutional principle and value, which can only be materialized through other rights according to each of the realities from and to which it is applicable.
Received: 04.08.2024
Accepted: 25.10.2024
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Last update: 08/02/2022
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