Protección al acceso a la tierra como derecho humano: Colombia vs. Sistema Interamericano de Protección de Derechos Humanos (SIDH)

The paper examines the recognition of access to land as a fundamental right or human right in the Inter-American Human Rights System (IAHRS) and in Colombian domestic law, based on a qualitative, legal analysis of comparative law. For this purpose, the norms and jurisprudence related to the matter in said protection systems are studied. The study shows that, in both scenarios, access to land emerges as a fundamental right to protect the collective and ancestral interests of ethnic communities and other rights such as food and housing. Yet, despite the importance of land and its relationship with human dignity, there is no explicit recognition of its iusfundamentality for most people in the IAHRS. The margin of protection is greater in Colombian law for peasants, where jurisprudence has recognized this right in view of their historical vulnerability.