Abstract

MARRUGO NUNEZ, Nubia. Multiculturalism, human rights and indigenous rights in Colombia. Practice of excision in girls of the Embera Chami tribe.. Justicia Juris [online]. 2014, vol.10, n.1, pp.32-42. ISSN 1692-8571.

In observance of the Constitution of Colombia 1991, there have recognized some native indigenous people prerogatives in laws. These laws manifest from multiple legal, national and international scenarios the necessity of always looking for the defense and survival of the remaining indigenous culture in the country. This starting point gives indigenous communities sovereignty, socio-economic development, and freedom of political, legislative and judicial condition. The system have respect and cosmological practices inherent to their culture and heritage, only if they are not contrary to the provisions by national ordinary law. Under this idea of autonomy is possible to analyze the possible liability of the State for legislative inaccuracy by the lack of a law of coordination between the special Indigenous jurisdiction and the National Jurisdiction as seen on a specific case of the practice of female circumcision on living birth Women practiced by the Embera Chami Community. This article is the product of the project entitled, "Coordination of indigenous courts with ordinary jurisdiction and female genital mutilation: a study from a gender perspective" developed within the research group of gender, children and crime. This project has raise questions such as the real role of the state as guarantor of women rights in Colombia and What is the protectionist impact figure, human rights and the rights of children and adolescents in special indigenous jurisdiction? Will there be liability of the State for failing to issue the Coordination Act special indigenous jurisdiction and national jurisdiction, for damages caused to girls belonging to the Embera Chami indigenous community by the practice of ablation?.

Keywords : Multiculturalism; Fundamental Rights; Constitutional Conflict; Plurality rules; Jurisdiction; Ablation Tolerance.

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