Senior Adult Displaced Population: A Reading from the Differential Approach and the Rights Approach

Abstract

Starting from Judgment T-025, a framework is established for guaranteeing the effective enjoyment of the rights of the victims of forced displacement, the purpose of which is to establish and monitor the State's obligations towards that population. The obligations include ensuring: 1) goods and access to services; 2) ethnic and gender recognition and 3) freedom of association for the demand claim of their rights. In this sense, the purpose of the Constitutional Court is to enforce the guarantees for the Effective Enjoyment of Rights (EER) based on a Differential Approach granted to the victim population, there being therefore elements shared between said differential approach and The so-called Rights Approach that constitutes a conceptual framework of international humanitarian law, which is based on equality, political participation and access to justice.