Resilience and protection of social rights in Colombia

In recent decisions, the Colombian Court has used the concept of resilience to define the vulnerability condition of a person. State protection duties would only activate when the person, among other conditions, has a low resilience. That is, when the person cannot assume their needs by itself or with the help of third parties. By applying that concept, the relation between state protection duties and the person shifts from a right centered to an assistance relation. Under the first, everyone has a right to be protected by states and vulnerability activates special protection duties. Under the second, only vulnerable persons can demand state protection. Social rights, in the first model, are understood as ordinary state duties, while in the second, they are understood as extraordinary duties. In the first model the person should be empowered, but in the second the state aim is the empowerment of the community. It´s a shift from an individualistic-rights to a collective-rights approach.