Occupational Health in Colombia Trapped in Validity without Legitimacy and Effectiveness

Abstract

Since the 17th century, the philosophy of law has faced the rise of the sciences, which seem to have diminished the importance it once held in the Greek world. The structuring of law as a science separated the philosophical spheres of legitimacy and effectiveness, leaving validity as its sole scientific expression. In law, validity has been understood as the written, positive, totalizing, ordering, and procedural norm; legitimacy represents the dimension of moral and political correctness; and effectiveness enables societal coexistence, resolving social problems within each social system and using justice as a last resort. In labor relations, it is essential for the labor jurist to revisit the triadic structure of law, so as to contribute to the inclusion of social morality within the legal system and to participate in resolving conflicts arising from the lack of care for health in the workplace, thus avoiding the most expedient and conflictive decision: “the dismissal of the worker.” This decision, ineffective in resolving labor disputes, not only undermines workers’ labor rights but also fosters distrust in State institutions and judicial decisions. It is incumbent upon workers, employers, jurists, and judges to assume the social responsibility of making the labor legal system more effective in order to achieve the long-sought goal of social justice.