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Minority Rights: Guarantor of justice or injustice generators?

the Constitution of 1991 and the establishment of Colombia as a social state of law, democratic, participatory and pluralistic, it has created a political-legal phenomenon in which, based on the principle plurality, various minority groups, ethnic and sexual, the national government require recognition of special rights, arguing that their minority status makes them worthy of them.

In principle, this measure may appear to be correct, but here comes a dilemma, as this practice is a clear violation of the principle of equality, whereby, before the law all have the same quality and hence citizens the same rights and same duties. In fact the Constitution Policy in Title II, Article 13 states that "All persons are born free and equal before the law, receive the same protection and treatment by the authorities and enjoy the same rights, freedoms and opportunities without discrimination based on sex, race, national or family origin, language, religion, political or philosophical. " (Political Constitution of Colombia, art. 13).

While the article in the fundamental rights upheld by the Charter , one might ask whether the practice of recognizing certain privileges to minorities is a guarantee for the constitutional or a violation of them, and if it is a tool against discrimination or is causing an even greater discrimination.

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Some feminists, for example, suggest the need for "positive discrimination", ie the need for recognition of rights, especially political, in this case of women through the gender differentiation . It is possible that this position get the desired political results for feminist groups, however the term "positive discrimination" is essentially discriminatory, despite the redundancy, since it involves a female differentiation from the rest of society, which has a reverse effect as though it achieves a certain "equality" policy, there is greater social discrimination.

The reader may wonder why this phenomenon occurs social discrimination. The answer is simple: this phenomenon violates the principle of equality before the law "without discrimination on grounds of sex", which creates resentment among those sectors that are not beneficiaries of it, and whose rights are diminished by the recognition of rights these special groups.

But feminists are not the only example in which such recognition privileges to minority groups violates the principle of equality before the law, stepping over the rights of others. Another case that clearly illustrates this situation is the protection of indigenous rights and granting privileges to ethnic community that just for the sake of being.

The political constitution of Colombia states that to be representative of the City of Bogotá, the candidate must be a Colombian citizen in the exercise and over 25 years. However, in the last elections for the council, the candidate of the Alternative Democratic Pole Quigua Ati, won a seat without meeting the age requirement posed by Constitution as Constitutional Court considered to be indigenous it could exercise by skipping the constitutional guidelines. And cases like these are multiplied in our country, so I wonder Aboriginal or woman is a quality to be above the law and the Constitution even ? Why many young people, with the same claims Quigua Ati policies that do not meet the age requirements, no access to the seat because they are not indigenous? Are these actions really such decisions guaranteeing that violate fundamental rights or the same?

As we can see the questions that arise with this phenomenon are many and in fact the answers may be troubling. That is why we must consider the protection of a minority can not be done through the violation of constitutional principles inalienable rights of all citizens, as they would be committing a greater injustice to which it is addressed.