Incidencia de la Jurisprudencia Constitucional sobre las Políticas Públicas para los Habitantes de Calle, bajo el Principio de Igualdad y no Discriminación

Abstract

In Colombia, street dwellers have been considered as a socially excluded group that, due to their way of life, do not contribute to the development of the community where they are located. To this extent, they are subjects to whom their rights have been formally recognized as human beings, but in reality their effective enjoyment does not materialize due to the impossibility of developing other human rights in minimum conditions of dignity. to its simple existence. Thus, the inhabitant of the street can be conceived as that person who has defined the street as their living and living space, being a phenomenon exclusive to cities and a product of the country's social, economic and political conditions; (Velandia & Pinilla, 2003) or as defined by Law 1641 of 2013: “person without distinction of sex, race or age, who makes the street their place of residence, either permanently or temporarily and, who has broken links with their family environment ”(Congress of the Republic, 2013). But the marginality of the street dweller population in Colombia has not only been expressed in their exclusion from social, economic and productive life, but also in the policies, programs and actions of the State. An example of this is that only until 2013, a specific policy was devised to integrate street dwellers, modifying a traditional approach of criminalization or exclusion, which turned the street dweller into an invisible subject in the evolution of policies. Social of the State.