Omisión legislativa respecto al reconocimiento de derechos de la población LGTBI en Colombia

Abstract

Although it is a constitutional obligation of the state, to promote the conditions for equality to be real and effective, taking measures in favor of discriminated groups, and sanctioning the abuses or mistreatment committed against them, the lack of tolerance and understanding for lack of Information to the phenomenon of inclusion and participation of the LGTBI community, make it appear without opportunities for well structured inclusion within a national and local public policy. The jurisprudence of the Constitutional Court, has laid the foundations to consolidate the inclusion Of a normative framework, thus consolidating the postulates of the social and legal state, there is still discrimination from the institutional and social dynamics, expressed in implicit and explicit rejection for reasons of sexual orientation and gender identity, regarding the Constitutional judges has been the only segment of the State that has The fulfillment of national and international legal obligations in relation to the rights of the LGTBI population.

The Congress of the Republic has abstained to make any pronouncement regarding the subject, even though it was exhorted by the Constitutional Court in its sentences to legislate, implying that despite the jurisprudential advances as precedents, there is still a hostile and discriminatory attitude Against the people who make up or make up the population of different sexual preferences.