Normative and jurisprudential trajectory of cultural law in the colombian legal order 1966-2017

Abstract

With the Political Constitution of 1991, a theoretical turn was given to the conception of the State and its role in relation to its associates. Therefore, the constitutional text included a wide catalog of rights and instruments for their protection and guarantee. Thus, Cultural right emerged as a category that —like many others corresponded to the normative system to provide content. This content has not been easy to develop given that cultural law had its origin with the ICESCR (1966) —mainly— and other international norms that determined its scope and were ratified under the perspective of the 1886 Constitution and —now— its content. It should be applied and interpreted from the theoretical and ideological position of the current Constitution. All in all, this right is characterized as quite particular in that its concept and content emerge from the cultural theory that entails the appropriation of different notions. This article, then, proposes a theoretical-normative dialogue between the content of Cultural right proposed by the Colombian legal system and the Kymlickian theory using the construction of trajectories. Thus, through theory, it is possible to interpret and consolidate the scope of the content of the right in the face of the guarantees and protection provided by the Colombian legal system, having the Kymlickian self-representation, self-government and polyethnic rights as a conceptual reference.