Asbestos in Colombia: A study of its antecedents, its prohibition, and the late application of the precautionary principle

Abstract

The objective of the paper is to study the evolutionary framework in the prohibition of asbestos in Colombia, from its impacts on human health through inhalation, to the implications of its prohibition. The author analyzes the context of Law 1968 of 2019, which prohibited the use of asbestos after decades of studies by the scientific community, complaints from civil society, and restrictions in other countries. The methodology used was documentary analysis of specialized information on this matter. The information was collected from papers in scientific journal bases, jurisprudence, and relevant standards. As a contribution to this study, the author presents an original approach to the problems derived from the late application of the precautionary principle in Colombia, and the evolutionary framework of the regulatory and normative treatment of the use of asbestos. Finally, the paper concludes that, although the ban on the use of asbestos was late, it was an achievement for the victims and civil society, who demanded to safeguard their right to health, to enjoy a healthy environment and to life. It is also concluded that the State and private sectors have an important challenge to gradually replace the asbestos used in buildings and in the construction of cities.