The concept of economic, social and cultural rights has been developed throughout the constitutional jurisprudence time. Recently, these rights have been recognized as fundamental rights because of their conception idea and as of their correlation to a fundamental right. Nevertheless, there are still some obstacles to conceive these rights as tutelages, or protected by way of tutelage process. This article criticizes and analyses the Colombia Constitutional Court standpoint about rights and their protection, including its burden on the jurisprudential construction as a result of its dogmatic and theoretical point of view. This analyzes includes some of the key elements that will integrate the subjective dimension of the social rights and concludes with an opinion of the infeasibility disjointing of the fundamental nature of these rights and the guarantees needed for their effective fulfillment.