THE DEBATE MOTION

THE MOTION: Is there a Strengthened legal structure against discrimination in Colombia?

GOVERNMENT SIDE:
Nicolas Londoño – Introduction.
This house believes that are good legal structures in Colombia for prevent the discrimination.
One of a lot of laws prohibiting discrimination is the law 1482, article 1 of 2011.
The purpose of this law is to guarantee the protection of the rights of a person, group of persons,
community, or population, which are violated through acts of racism or inequality. The article 314A
that Say "Whoever arbitrarily prevents, obstructs or restricts the full exercise of the rights of
persons because of their ethnicity, nationality, sex or sexual orientation, shall incur a prison term of
twelve to thirty-six months and a fine of ten to fifteen legal monthly minimum wages in force", the
article 134B that Say "Whoever promotes or instigates acts, conducts or behaviors constituting
harassment, aimed at causing physical or moral harm to a person, group religion, nationality,
political or philosophical ideology, sex or sexual orientation, shall incur a prison term of twelve to
thirty-six months and a fine of ten to fifteen legal monthly minimum wages in force, unless the
conduct constitutes a crime punishable by a higher penalty."
These laws over time have generated a change in our current society, creating a better relationship
between people and avoiding many types of discrimination. 1
Felipe Tamayo – Contradiction Against the Opposite side.
This house believes that Discrimination has existed for centuries, generating an inequality of white
people with a lot of power, towards poor people and people of different ethnicities.
Much of this discrimination was generated in the time of Colonization, when Spaniards and
Europeans came to America to enslave and end the rights of all indigenous and people of other
ethnic groups.
These people had come to our territory with the sole objective of gaining power and social,
political, and economic resources.
However, the arrival of Simón Bolívar put an end to this hierarchy, putting an end to the European
invasion of our South American continent, freeing all the people who had suffered all kinds of
discrimination from these horrible beings.
Clearly the Europeans left horrible marks on our cultures and territories, but that did not prevent
Latin America from moving forward to the point where we are today, with laws that destroy
ALMOST all attempts at discrimination in other countries, and of course, in Colombia. 2

1
Laws: https://www.funcionpublica.gov.co/eva/gestornormativo/norma.php?i=44932
2
Search on Google Chrome: Simón Bolívar acabo con la esclavitud.
Sebastian Gonzalez - Reinforcement for our house.
This house believe that with the independence of Colombia in 1499, we began to experience
different acts of racial, gender and cultural discrimination, since Alonso de Ojeda, in the company
of the Spanish, used our indigenous people to enslave them, steal their archaeological riches and
violate their rights and only until the time of independence in 1819, through our liberator Simón
Bolívar, we began to acquire equality with other nations, rights as citizens against property,
security, legal equality and the right to elect our rulers
From the time the Liberator decreed "the freedom of wombs" until the final liberation of the slaves,
thirty years passed. The final task was undertaken by the liberals from New Granada, architects of
the "Revolution of the half century", with firmness and conviction, in such a way that they
achieved, despite the resolute resistance of the retarding forces, the promulgation of the Law of
May 21, 1851, which put an end to this inhuman situation. Through Law 975 of 2001, the National
Afro-Colombian Day was established, which is celebrated on May 21 in honor of the abolition of
slavery.
Another form of discrimination that our country has experienced is against the rights of women,
who could not enjoy rights such as voting, studying university degrees, they could only pursue
technical careers such as nurses, teachers or the home, they could not be singers, play instruments,
speak or participate in politics, they could not have bank accounts, nor manage their own assets,
they could not appear on television programs, only in 1957 could they exercise their right to vote
and in the 1991 constitution they The rights to bodily integrity, autonomy to vote, earn fair wages,
among others, were granted. . Over the years, women in our country have managed to reach places
of great recognition, to the point of being Governors, as is the case of our Mayor Claudia López,
Legislators, occupying public positions, belonging to the armed forces, among others.
Our country has Law 1482 of 2011, which aims to guarantee the protection of the rights of a person,
group of people, community, or people, who are violated through acts of racism or discrimination.
In this way, the Social State of Law is developed, with which we intend to identify ourselves in the
midst of difference, through the fundamental constitutional principles of article 1 pluralism, the
principle of article 7 ethnic diversity and article 70 multiculturalism. of the National Constitution.
There are also some International Conventions that are applicable to our country, which regulate
everything related to discrimination, such as the International Convention on the Elimination of All
Forms of Racial Discrimination, Law 22 of 1981, the Convention on the Elimination of All Forms
of Discrimination against Women, Law 51 of 1981 and the Convention on the Rights of Persons
with Disabilities, Law 1346 of 2009, which prohibit discrimination against these people.
However, Law 70 of 1993, by which transitory article 55 of the Political Constitution was
developed, already enshrined the sanction of racial discrimination. The Constitutional Court in
Judgment T-1090 of 2005, has defined discrimination as: "an arbitrary act aimed at harming a
person or group of people based mainly on stereotypes or social prejudices, generally beyond the
will of the individual. , such as sex, race, national or family origin, or for reasons that are irrelevant
to claiming a benefit or loss, such as language, religion, or political or philosophical opinion”. The
Court adds in the same ruling, “that the discriminatory act is the conduct, attitude or treatment that
consciously or unconsciously intends to annul, dominate or ignore a person or group of people,
frequently appealing to social or personal preconceptions or prejudices, and resulting in the
violation of their fundamental rights.
Finally, Law 1482 incorporates article 102 of the Penal Code on the apology of genocide,
establishing that "Whoever by any means spreads ideas or doctrines that propitiate, promote,
genocide or anti-Semitism or in any way justify it or seek the rehabilitation of regimes or
institutions that protect practices that generate them, will incur in prison from 96 to 180 months, a
fine of 666.66 to 1,500 current monthly legal minimum wages, and disqualification from the
exercise of rights and public functions from 80 to 180 months.
In conclusion, we must generate academic and cultural spaces that affect a change of concept on
how we see others and relate to them, in order to create a culture of non-discrimination, for this
reason I call on all sectors of our community, to the socialization of Law 1482 of 2011, which
sanctions any act of discrimination.3
Jonathan Peréz - Final Whip.
This houses would…

3
La discriminación racial en Colombia - Dejusticia

LA ABOLICIÓN DE LA ESCLAVITUD (tribunaldecuentas.gob.pa)

Cosas que no podían hacer las mujeres en Colombia - Otras Ciudades - Colombia - ELTIEMPO.COM

Derechos de las mujeres en Colombia - Wikipedia, la enciclopedia libre

Ley antidiscriminación en Colombia (asuntoslegales.com.co)