English

T-523/97 : Corporal punishment in the indigenous tradition.

Brief: The Colombian Constitutional Court assured that the fact of imposing sanctions or punishments which come from the western tradition on the indigenous communities is not compatible with the principle of ethnic and cultural diversity. A reasoning like this would lead to the establishment of a cultural hegemony which is incompatible with the fundamental value of pluralism that, among other things, allows native communities to practice their customs. Besides, this would disregard the constitutional rules that, while recognizing the jurisdictional independence of the indigenous peoples, these allow the restoration and reinterpretation of the indigenous cultural symbols and traditions within a State.