Legal consequences of double militancy in Colombian political organizations

Abstract

The 1991 Constitution did not consecrate the double militancy in our legal system, however, currently this legal instrument has its origin in the legislative act 01, 2003, then with the legislative act 01, 2009, Law 1475 of 2011 Article 2 law 1437 of 2011 article 275 Section 8 and was created with the purpose of strengthening political parties and movements in Colombia, confronting therefore certain rights and Constitutional pillars such as the principle of participatory democracy and popular sovereignty, known as stony clauses of our Constitution.

In addition of such confrontation between prohibitions and Constitutional rights, the Congress of the Republic to restrict political rights violates Article 23 of the American Convention on Human Rights signed at the Inter-American Specialized Conference on Human Rights (Pact of San José) signed on 22 November 1969 "and approved by the Congress of Colombia through Law 16 of 1972. This article said that political rights can only be regulated for reasons of age, nationality, residence, language, education, capacity civil or mental, or sentencing by a competent court in criminal proceedings and never restricts this right by something known or similar to the double militancy. The methodology that led the study is framed in the approaches of legal research and Ius policy, is classified as an exploratory research using theoretical methods (analysis and synthesis), information from primary and secondary sources.