Derecho a la huelga en el sector de la salud, como mecanismo de protección de los derechos constitucionales en el estado colombiano.

The strike or collective cessation of work is used by workers as a pressure mecanismo to demand improvements from their employers or compliance with the agreements made between the parties, recognized in the international and national legal system. It is, despite being a constitutional right enshrin...

Full description

Autores:
Giraldo Marin, Guillermo Andres
Gomez Rojas, Jonhattan Howard
Tipo de recurso:
Trabajo de grado de pregrado
Fecha de publicación:
2023
Institución:
Corporación Universidad de la Costa
Repositorio:
REDICUC - Repositorio CUC
Idioma:
spa
OAI Identifier:
oai:repositorio.cuc.edu.co:11323/10342
Acceso en línea:
https://hdl.handle.net/11323/10342
https://repositorio.cuc.edu.co/
Palabra clave:
Huelga
Servicio público
Esencial
Derecho internacional
Constitución
Normatividad jurídica
Strike
Essential public
Public service
International law
Regulations
Rights
openAccess
License
Atribución-NoComercial-CompartirIgual 4.0 Internacional (CC BY-NC-SA 4.0)
Description
Summary:The strike or collective cessation of work is used by workers as a pressure mecanismo to demand improvements from their employers or compliance with the agreements made between the parties, recognized in the international and national legal system. It is, despite being a constitutional right enshrined in the Magna Carta of 1991, it is prohibited in the sector under investigation, because its services are part of a select group of activities classified as essential, enshrined in article 430 of the Substantive Labor Code; This restriction goes against the international regulations ratified by the Colombian State through the Political Constitution in its article 53, which provides: "(...) The international labor agreements duly ratified, are part of the internal legislation (...) and article 93 which indicates "International treaties and conventions ratified by Congress, which recognize human rights and prohibit their limitation in states of exception, prevail in the internal order (...)". In this way, the writing raises a series of discussions against national and international legislation, having as guidelines from the beginning of the strike in history worldwide and especially in our Colombian territory, as well as with agreements 87 and 98 of the ILO which have been ratified by Colombia through Laws 26 and 27 respectively, as these are considered by the Constitutional Court as agreements that ensure the protection of human rights.