Political rights and conventional identity, approaches to the judgment in the Petro Urrego vs. Colombia case Derechos políticos e identidad convencional, aproximaciones a la sentencia del caso Petro Urrego vs. Colombia

Abstract

This essay aims to identify the Colombian State’s obligations in relation to the recent judgment issued by the Inter-American Court of Human Rights in the case of the former mayor of Bogotá and current senator of the Republic of Colombia, Dr. Gustavo Petro Urrego.

The State must understand, apply and comply with this judicial opinion as part of the tradition of the State. This case will give legal value in all its dimension to the notion of the international human rights treaty, which establishes that only an order issued by a competent criminal judge in a court proceeding as the only option for the restriction of political rights. This position should include  multiple  democratic  discussions,  essays  and  books,  which  will  ultimately  reveal  the consonance of our political, legal and constitutional order as a result of an evolving dialogue between domestic law and international human rights law.

While this is happening, some notions will be presented concerning the application of oversight by the convention, which public authorities with administrative and judicial functions should have on their agenda because, without a perspective on the convention that includes political rights, it could affect our democracy and the rule of law.