Vicisitudes de la justicia indígena:El dilema de los castigos ancestrales en la jurisprudencia de la corte constitucional de Colombia
- Boris Carvajal Renza 1
- Franklin Díaz Polanco 1
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1
Universidad Cooperativa de Colombia
info
ISSN: 0717-2877, 0718-0012
Year of publication: 2023
Volume: 29
Issue: 3
Pages: 261-276
Type: Article
More publications in: Ius et Praxis
Sustainable development goals
Abstract
This paper reflects on a current discussion in Colombia: the imposition of corporal punishment by indigenous authorities on those who violate norms established by their communities. Sanctioning practices, such as stocks, flogging and expulsion from the territory, could affect the dignity of the person by ignoring fundamental rights provided for in the Political Constitution, including due process and the mandate by which no one will be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Thus, tensions arise between the ancestral uses and customs inherent to the indigenous worldview and the constitutional principles of obligatory observance for all the inhabitants of the national territory, including ethnic groups, which generates diffuse limits that will be tried to elucidate in this document.