Empresa y derechos humanos:Desarrollo desde la jurisprudencia constitucional colombiana

Resum

This paper aims to identify the incidence of the Guiding Principles on Business and Human Rights in Colombian Constitutional Court’s jurisprudence. Before this constitutional jurisdiction, companies are called for damages caused to fundamental rights in their commercial operations, damages that are not patrimonial; The relationship between business and human rights is analyzed from the perspective of the rights enshrined in the Political Constitution of Colombia, in accordance with the function of the Court to stop the violations, adopting the necessary measures, orders or sanctions to individuals. Concerning methodologically, this paper proposes a qualitative approach, fostered by a rights-based approach; discursive analysis is used as a data analysis technique and the unit of analysis is the decisions of the Constitutional Court. This reflection has three sections apart from the introduction. The first section studies the presence of the discourse on fundamental rights as a limit to business activity in constitutional jurisprudence; the second section analyzes the correspondence between the jurisprudence and the policies of the executive; the third presents the conclusions and recommendations.