El principio de igualdad material como fundamento de la protección administrativa de las poblaciones vulnerables en Colombia

Abstract

Colombia is characterized by high levels of economic and social inequality in Latin America, reflected in unequal access to basic services, education, and opportunities. In this context, the principle of substantive equality, enshrined in Article 13 of the Political Constitution, is fundamental to the administrative protection of vulnerable populations. Unlike formal equality, this principle requires differentiated measures that recognize the real conditions of those facing situations of defenselessness or manifest weakness. The research focused on analyzing the importance of substantive equality as a foundation for administrative action, with specific objectives centered on describing its legal scope, identifying scenarios of vulnerability, and reflecting on the need for differentiated protection. The process of constitutionalizing the right to equality has allowed for moving beyond an abstract view, consolidating a legal category of subjects requiring special protection. From this perspective, substantive equality becomes relevant by recognizing that identical treatment in different situations can exacerbate existing inequalities, making it necessary to adopt measures aimed at guaranteeing real and effective conditions for the exercise of rights. The research was conducted using a qualitative approach, through a descriptive and documentary analysis of constitutional provisions, international instruments, jurisprudence, and doctrinal references related to substantive equality, vulnerable populations, and differentiated administrative action. The analysis established the relationship between conditions of vulnerability and the need for authorities to adapt their decisions and policies to the particular circumstances of certain groups, with the aim of overcoming structural barriers that limit effective access to rights.