Abstract

ORTIZ QUIROGA, Jorge Antonio. The cultural identity of Indigenous in the context of the protection of Human Rights and democratization process in Colombia. Rev. Derecho Estado [online]. 2013, n.30, pp.217-249. ISSN 0122-9893.

Abstract This article values indigenous cultural identity as an important factor for the development of the social state of law in Colombia. In doing so, three arguments are presented: 1. the consideration of cultural diversity can be a paramount component to establish and adopt new meanings and dynamics around human rights. 2. Despite the constitutional rule of law in relation to the legal protection of indigenous cultural identity different social practices can still threaten the effective guarantee of this human right in Colombia. 3. A better democratization process of the constitutional right of indigenous cultural identity may be better developed taking into account wider multicultural perspectives in which historical and contemporaneous groups of Colombian society can be heard and fully included. The article is divided in three parts. The first one is focused on the relationship between Human rights and cultural diversity. The second part analyses the main juridical development of the Colombian Constitutional Court in favour of cultural identity protection. This section also contrasts certain social practices that may cause deleterious effects to the purposes of these juridical developments. On the third part it is discussed how a multicultural perspective may enhance democratization processes of the indigenous cultural identity in Colombia.

Keywords : Indigenous cultural identity; human rights; multiculturalism; juridical pluralism; democratization.

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