Abstract

VALDES, Erick  and  PUENTES, Laura Victoria. Biolaw and its Contribution to Colombian and Inter-American Legal Systems. Regarding a Dangerous Decision of the Constitutional Court and its Coincidence with the Jurisprudence of the Inter-American Court of Human Rights. Bol. Mex. Der. Comp. [online]. 2018, vol.51, n.153, pp.673-710.  Epub Apr 20, 2020. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2018.153.13653.

In its C-066/13 and C-042/17 sentences, the Constitutional Court of Colombia understands disability as an individual characteristic "intensely mediated by the physical, sociological and legal barriers imposed by the environment". In this sense, the disability would be rooted in society, whose incompetence to adapt to the person who is functionally diverse, would be the real efficient cause -and otherwise, exogenous- of said disability. From the biolaw approach, I will argue that the Court's vision is wrong and, without prejudice to being in line with the jurisprudence of the Inter-American Court of Human Rights, it constitutes a dangerous precedent, since by applying the arguments of both high-ranking organizations for the understanding of the legal status of certain biomedical practices (such as, for example, the genetic manipulation of dysgenesis), these lead to accept and allow the creation of people with disabilities and deficiencies introduced tendentiously, genetically, in their embryonic past.

Keywords : biolaw; Constitutional Court; disability; genetic manipulation; Colombian legal system; Inter-American Court of Human Rights.