How does a court navigate social justice issues where political, economic, and social divisions run deep? A country with over 44 million people, Colombia has had to grapple with civil wars, political violence, poverty, and internal displacement. Along with the promulgation of a new Constitution in 1991, the Constitutional Court was established, and it has since taken a leading role in checking against abuses of power and protecting the rights of individuals and minorities.
Following Columbia’s Constitutional Court pronouncements in a number of landmark decisions on abortion, social security and same-sex marriage, complex moral, legal and political questions have been brought to light. Courts grapple to uphold constitutional guarantees amidst its rich cultural diversity, embedded patriarchal structures, and a history of conflict and transformation. Colombia finds itself at the crossroads of building the rule of law mitigating social divisions and managing majority sentiment.
In this episode, we set out to understand dilemma judges face, principled and pragmatic considerations they take into account, what tools and strategies they use to tackle the issues at stake and how they respond to divided opinions within and outside the court. Justice Alejandro Linares joins us on this episode of Chai Chats to shed light on the intricate landscape of Columbia’s jurisprudence.