State public policies in Colombia with a human rights-based approach to the signing of the UN-2003 common understanding

Abstract

The starting point of this article is the Signing of the Common Understanding approved by the United Nations in 2003 (UN-2003), under which, from that moment onwards, State Public Policies (Policies and Programs) would have to be firmly grounded in the Human Rights-Based Approach (HRBA) without discrimination, exception or hierarchies. The research question revolves around: What is the scope of impact of the Signing of the Common Understanding in State Public Policies in Colombia since the UN 2003 HRBA, in the face of the political and legal demands that would result in its possible judicialization, for a country in an unconstitutional situation? The methodology is that of Structuralist Functionalism, in which it is assumed that society is always exposed to complex considerations (problems) which are the point from which they must progress, but that it is the problematic situations themselves that activate the progress of society and States through their recognition of these problems. The methodology is compounded by Complexity, consisting of the analysis, dynamics, and complex thinking in which information theory, cybernetic theory and systems theory are present as complex sources and as paradigms for dialogic, recursive and hologrammatic analysis. These oblige the State to constantly provide answers, since the population is demanding constitutional solutions.