Dificultades en la protección judicial de los derechos humanos

Based on the reality that shows new types of human rights violations, or at least violations that were not visualized before, there has been shown, in many cases, the ineptness of the usual legislative and administrative means to overcome these problems. This requires a different response from de Judiciary, different from what might be called the traditional response, which recasts the role of the court itself, the principle of separation of powers and the border between politics and the judiciary. The author, based on American precedents, pauses to analyze the Colombian «structural veredicts» and the «inconstitutional state of affairs», studying some Uruguayan veredicts in the same direction. Finally, he tries to focus on certain key aspects of the new reality trying to reach some conclusions that may give some certainties in this unfinished process for the protection of human rights.