Social pluralism in the jurisprudence of Colombian Constitutional Court and its effects on the effective realization of rights

Based on developments around the concept of social pluralism, the high constitutional court in Colombia has opened the door to the recognition of rights to sectors of the population that have been excluded for a long time: Indigenous, Afro-descendants, Rom communities, etc. However, such developments have also led to a defense of the personal convictions of each individual —as rights through the concept of free development of personality—, whose exercise sometimes interferes with the “rights” of other legitimately constituted persons, which is the cause of social confrontation. Bitter debates in cases such as euthanasia, abortion, unions of same-sex couples, personal dose, among others, are examples of this. Juridically the problem relates to issues that refer to the very concept of right, and the elements that structure it, the correct administration of justice, the role of constitutional judges and the maintenance of social order as a common good.