The access to differential justice the situation of the population in a vulnerable situation at cali.

Abstract

International and Colombian case law have set the content of the right to access to judicial systems in a constitutional state of law such as Colombia. This content includes the due process of law and the guarantee of equal access to an independent tribunal or court without obstacles based on discriminatory practices that might extend the legal process beyond a reasonable term. As part of its task of defending the rights of vulnerable populations, the Human Rights Clinic of the Universidad Icesi, GAPI,worked on a case of a group of legal practitioners representing a poor population that faced discrimination against in their access to local judicial authorities. The GAPI established vigilance on the local judicial system in order to determine both structural and subjective causes of the discriminatory practices. This vigilance was undertaken in accordance with the provisions of the Law 850 of 2003. In doing so the clinic designed the instruments for collecting information, which allowed us to undertake exploratory research about the way that cultural factors—including practices, beliefs and values—become barriers to the proper functioning of the judicial system. This article shows the results of this case and describes the cultural factors that make access to judiciary system difficult for clients, making it slower and untrustworthy. Based on these findings, the authors make recommendations intended to rectify the identified problem.