RELIGIOUS FREEDOM AND INSTITUTIONAL CONSCIENCE OBJECTION IN COLOMBIA: AN ANALYSIS FROM THE FOLLOWING CASE T-738 OF 2015

Abstract

The recognition of the institutional conscientious objection has generated contradictory positions within the interpretation that the Constitutional Court has about the fundamental right to freedom of conscience. Although there is a position that is binding and others that are not, today, the different pronouncements generate confusion in officials, judges, and citizens. This essay analyzes the binding ruling that recognizes conscience and religious freedom to institutions (T-738 de 2015), noting that is the one that should be applied. It is also observed that the other positions that the jurisprudence has supported, in addition to not being binding, are based on a little rigorous treatment of these fundamental freedoms.