Estado de cosas inconstitucional en asuntos que afectan a niñas, niños y adolescentes.

Abstract

This paper brings us the possibility about of using the judicial institution called “Unconstitutional state of things” or UST as a lawful tool to declare a massive, multiple and continuous violation of fundamental rights in our country, as a consequence of the lack or contradiction between public policies on children participation rights in all matters affecting them. The constitutional violation relapse specially on the ‘right to express views freely in all matters affecting the child´ of the vulnerable group called children. Through legal and judicial comparison with Colombia’s legal system will be shown the legitimacy of our Constitutional Court to exercise this attribution and join the creation process of public policies. This comparison will also allow us to elaborate the importance of this topic as a public need since its constitutional recognition as a suspect classification in the equal protection scrutiny. This paper will also give some examples of omissions and contradictions between public policies, these include all kind of legal rules, which impede the right to express views satisfaction in all matters affecting the child.