La teoría de la justicia y la Corte Constitucional: el reconocimiento de los derechos humanos de las personas y parejas homosexuales en Colombia. Análisis de la jurisprudencia de constitucionalidad 1998 - 2009

Abstract

This document seeks to identify the solution approach to the problem of oppression of the homosexual population that theoretical foundations of the constitutional judgements of the Constitutional Court (1998 - 2009) tend towards, in terms of justice theory from the perspective of recognition. The steps followed in this research are: (i) identification of the sources and forms of oppression towards homosexuals in the West, (ii) identification of how this oppression —heteronormativity— has operated in Colombia, through a brief analysis of the legal discourse, (iii) description of the solutions that the theory of justice in its recognition variant proposes to solve the problem of oppression of homosexuals and, finally, (iv) analysis of the theoretical basis of selected cases of jurisprudence regarding the former criteria. The hypothesis is that out of the three proposed solutions —affirmative solution (policy of difference), transformational (queer policy) and intermediate (non-reformist reform)— it is the first the one that sets the trend.