RIGHT TO DIGNA HOUSING
The judge in the tutela proceedings can not argue the absence of the fundamental character of the right to decent housing, to deny the tutela, even less when the person requesting it is a subject of special protection, assumption against which the consideration of fundamentality of right increases. On the contrary, it must analyze in the specific case if what is sought to be defended is the subjective right in the head of the plaintiff as a consequence of a certain plan of acquisition of own housing, because, if so, protection becomes appropriate.
The Court has been clear in establishing that the realization of the fundamental right to decent housing, does not only imply the possibility of acquiring a property for your room, but, in turn, that such access is real and stable in the sense that the well granted allows its effective enjoyment and is constituted in a suitable place so that a person and his family can develop in conditions of dignity. Therefore, it is clear that in the light of international instruments, of which Colombia is a part, and of constitutional jurisprudence, the fundamental right to decent housing has a broad interpretation, which includes the concept of adequate housing.