The constitutional court on the right to education for LGBTI population

Abstract

Increasingly the Constitutional Court and judicial precedent management take greater importance in the Colombian legal system and its analysis. Beyond the literality of the law, jurisprudence stands as the meeting place for lawyers, law professors and researchers. Within this increasingly significant area lies this article. In first place, it aims to highlight the relevance of Constitutional Court and the precedent; the above to structure a framework to analyze the rulings of the Constitutional Court regarding the right to education for LGBTI population, an issue that has been very scarcely considered by legal specialized literature. The analysis of this relationship will show that the Court does not seem a guarantor of the right to education for LGBTI population, despite it is recognized as fundamental in some of their rulings. However, the language managed by the Court itself does not allow a rethinking of linguistic categories used to nominate gender roles outside the patriarchal binary scheme. In the interpretation of norms that regulate the system of education, cultural source of social exclusion towards the no-manly gender identities, persists a linguistic obstacle facing realities such as the existence of multiple ways to build sexual diversity.

In terms of justification, ratification by the Colombian state of CEDAW (1979), and the enactment of rulings such as C-029/09 by the Constitutional Court, demands diagnostics on how language itself that creates law, which reveals emancipatory and guarantor, may nonetheless settle exclusion, so it ends up being more violent than any other cultural structure. This text serves as a kind of diagnosis of LGBTI people and the right to education in the judgments of the Colombian Constitutional Court from 1991 to present.