The Constitutional Rule of Law and a constitutional democracy have the responsibility to respect and guarantee human rights during pandemic situations. These legal obligations to respect and guarantee human rights commit rule of law states and democracies to the implementation of public policies that protect the human rights of all, and that provide for reinforced guarantees for the elderly population during a pandemic. It can’t possibly be any different. Plagues, and the states of exception to which they lead, do not and cannot destroy the rule of law. The defense of human rights is not suspended during a pandemic. The Rule of Law establishes competencies for the defense of human rights at all times. In a pandemic it becomes necessary for the authorities to exercise them, and they mustdo so within the framework of a globalized world, of the universal culture and system of human rights protections and guarantees.
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Criminal Justice and Penology
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FuenteRevista de la Academia Colombiana de Jurisprudencia