Decent housing in times of pandemic; repeated violation in confinement. colombian case.

Abstract

The COVID-19 pandemic brought with it multiple questions about the protection and guarantee of fundamental rights in the territories, a clear example of this is what happened in the Colombian territory. This, in terms of the fact that the state of health emergency and the declarations of confinement permeated an endless number of violations of constitutional primations, among them we find the fundamental right of decent housing in Colombia, a right which is found in art. 51 of the Political Constitution of Colombia. That is why, with the present research, it is decided to approach itself from the perspective of the rule of law in times of pandemic, analyzing how the Colombian State continues to violate civil and fundamental rights such as the right to decent housing, In which it has been indicated that within the Colombian territory common welfare and constitutional and legal primacy should prevail. The methodology used is mixed with an analytical and hermeneutical approach, in which the statistics offered by the National Administrative Department of Statistics are used to establish the violation of the right to decent housing and the measures of restriction caused by the declaration of a health emergency. Identifying that there was a violation of the right to housing and access to it, where people were sanctioned for not abiding by emergency measures such as not leaving the houses while in a street situation, plans were also found for municipal presidencies that sought to mitigate these measures.