Acceso a la educación superior como un medio de reivindicación social: cupos especiales e igualdad

Abstract

This paper shows the conclusions derived from the study of the jurisprudential line update, using as imput the Constitutuional Court pronuncements, related with the special quotas regulation for admission to the undergraduate programs in Colombian Public Universities, which are aimed to people belonging to outcast social groups since along time ago, this analisys was made trhough the dynamic analysis of the jurisprudential preceding. Special quotas lead to a legal issue, that constit a challenge to the fundamental human rigths, such as, equality, education and due process. This legal issue is solved in a negative way by the Constitutional Court, as lon as it complies some subrules that are plotted in order to adopt the special regime of university quotas, giving academic merit the function of be the special standard that works to grant both traditional and special quotas. Constitutional Court recognizes that this merit can be accompained by another aditional criterion, which of them must be tend to help to restore the justice both social and economic equity in our country. Nowadays doesn´t exist a published warrant by the Constitutional Judges, that forces public universities to regulate procedures for admission through the special quotas modality.