Human Rights of Indigenous Communities. Colombia, Leader in Jurisprudential Developments

Abstract

From the Colombian Political Constitution based on human rights treaties and conventions, guarantees of formal equality before the law, and equity by way of inclusion or real equality, are provided to make the same and unequal equal to unequal ones. We have affirmative actions in addition to differential treatment systems for vulnerable communities that oblige both the executive and the legislator, and of course the judges, to establish aid and compensation for subjects who have traditionally and systematically been threatened or violated in their Rights. We critically analyze the concept of vulnerability especially of indigenous communities, which are the object of special Constitutional protection, and integral development between law and context, originating in declarations of “States of Unconstitutional Things”, so that the mandate evolves towards politics, and the decision judicial towards the context recognizing the prevalence of human dignity. We will integrate vulnerability with solidarity and its counterbalance to equality before the law, in "structural sentences", which order to guarantee guarantees. We inquire about concepts of modern state, and unitary state decentralized by ethnic territories that privilege self-government with agendas of recognition and integral reparation.