Entre la justicia indígena y la ordinaria: dilema aún por resolver
The Colombian Constitution of 1991 has fostered a change regarding the ethnic minorities. Within the new issues on this topic is paramount the acknowledgement of a set of both fundamental and cultural rights to the indigenous peoples; one of the most important among them is the right to a proper jur...
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| Format: | Article |
| Language: | Spanish |
| Published: |
Universidad Externado de Colombia
2008
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| Subjects: | |
| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=3399852 |
| Source: | Revista Derecho del Estado, ISSN 0122-9893, Nº. 21, 2008, pags. 95-108 |
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| Summary: |
The Colombian Constitution of 1991 has fostered a change regarding the ethnic
minorities. Within the new issues on this topic is paramount the acknowledgement
of a set of both fundamental and cultural rights to the indigenous peoples;
one of the most important among them is the right to a proper jurisdiction.
Today, after seventeen years since the enactment of the Constitution, the sense
and meaning of the right to a proper jurisdiction of the indigenous people have
been explained and enlarged by the case-law of the Constitutional Court following
both the 169 International Labour Organization covenant approved in
1989, and the case-law of the Inter-American Court of Human Rights. Even
tough, despite these important steps, the study of the case-law of the Superior
Council of the Judiciary solving the conflicts of competence between the
ordinary justice and the special indigenous justice, shows the evidence that
the case-law of the said Council is not compatible with the terms of the new
Constitution, indeed, some times it seems as being grounded under the terms
of the old and mono-cultural Constitution enacted in 1886. |
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