The armed conflict and the state legislative omission in front of the figure of the periodic humanitarian benefit (php): state duty of the principle of constitutional solidarity

Abstract

The constitutional principle of solidarity constitutes for the State a duty, a principle and a guideline. These dimensions point to the credibility of the obligation to provide vulnerable individuals with benefits or support. All of the above serves as support to address the figure of the PHP for the victims of the armed conflict, as it is a direct manifestation of solidarity and, however, was born into legal life with an expiration date; Contrary to the duty of the State to ensure the progression of guarantees and rights, projecting itself as an omissionate way with respect to the effectiveness of the norm and its legislative duty. Therefore, the purpose of this article is to determine the scope, impact and consequence of the omission of the State's duty vis-à-vis the principle of solidarity and progression of the guarantees and economic, social and cultural rights of the victims of the conflict.