Falla en el servicio del estado Colombiano frente a la vulneración de los derechos de la comunidad Shipia Wuayuu

Abstract

The Shipia Wayúu community is known, nationally and internationally, as one of the communities that keeps his traditional and cultural systems, under the Colombian multiculturalism. We will be analyzing, if the Colombian State guarantees the Wayúu community rights, or contrary to that, through the Service Failure figure, the State Entities, wich represent an execute the state policies, are omitting their duty to care and protect the community rights. Is important to keep in mind that, since the 1991 Constitution, the rights of the indigenous communities have evolved, adding the international treaties and the international jurisprudence. Because of this, it is important that the reader knows the elements of the Service Failure, and when it is constituted, either by action or by omission, in order to develop a broader knowledge and to connect the situations that the Wayúu community is going through.