Justiciability of regressive measures of social rights. Some reflections about their judicial protection in Latin America

Abstract

This  article  has  as  aim  to  reflect  about  the  protection  of economic, social and cultural rights before the regressive measures adopted by governments in Latin America, as well as of the different levels of jurisdictional tutelage that those receive. The document develops the concept of a regressive measure and the scope of the non-regression principle, furthermore, it shows the experience of the Constitutional Courts from Peru and Colombia and the organs of the Interamerican System of Human Rights regarding the protection of social rights.