La intimidad como derecho humano y la solidaridad como valor constitucional en la era del Covid-19

Abstract

The objective of this research article is to approach from an analytical perspective the scope of the human right to privacy, and the impact on the value of solidarity. Based on state measures on the occasion of the emergency of COVID-19, as a public health phenomenon with legal implications, making special relation to the Colombian legal system. For this purpose we will work on two fundamental topics: (i) The right to privacy in Colombia: guarantees under the conceptual margins of the constitutional court. (ii) The value of solidarity under examination: constitutionality of decree 568 of April 15, 2020. In this order as preliminary conclusions, we show that the constitutionality of privacy and solidarity can be endangered from the damage to the guarantees primary as axiological norms, which are under the guardianship and protective ownership of the central executive power, against the declaration of the State of economic, social and ecological emergency, enshrined in article 215 of our Basic Law.