Part Two Rights, 4 Equality

This chapter reviews the Colombian Constitutional Court’s jurisprudence on equality. In accordance with the constitutional text, the Court has developed a substantive conception of equality, one that allows and even encourages special measures on behalf of historically disadvantaged groups. This case law is of particular importance given the historically stratified and unequal nature of Colombian society. This chapter reviews the Court’s jurisprudence legalizing same-sex marriage, allowing gender quotas on behalf of female public officials, and requiring that the Bogota authorities take steps to make the public transportation system handicapped-accessible. In all of these cases, the Court has taken steps toward the achievement of substantive equality on behalf of the historically disadvantaged.