Igualdad y No Discriminación en la Etnoeducación: un Estudio Comparado Colombia-México

Abstract

This article provides a comparative analysis of Ruling C-292 of 2024 by the Constitutional Court of Colombia and Amparo in Review 115/2019 by the First Chamber of the Supreme Court of Justice of the Nation of Mexico, with the aim of determining how the constitutional courts of both countries apply the legal mechanisms available in their respective legal systems to combat discrimination in ethnic education. Using a functional comparative law approach, three variables are examined: the nature of the institutional failure, the equality criterio applied, and the structural scope of each decision. The results reveal that both courts relied on ILO Convention No. 169 as a common standard for constitutional review despite facing failures of a different nature: relative legislative omission in Colombia and executive dismantling of established rights in Mexico. The analysis yields three findings: structural discrimination in ethnic education may originate from an inactive legislature or a regressive executive; intermediate scrutiny and non-regressivity are functionally equivalent but temporally opposed; and the two models of review have complementary structural scopes. It is concluded that structural discrimination in ethnic education does not take a single institutional form and that each modality requires a distinct type of judicial intervention.