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Intervention in tutela proceedins for protection of rights concerning discriminatory speech

April 25, 2011

Dejusticia and Racial Discrimination Watch intervened before the Constitutional Court in a tutela proceeding filed by a student of the University Distrital Francisco José de Caldas who alleged he was the victim of racial discrimination because of racist remarks of a teacher during class.

In this intervention, Dejusticia analyzed the scope of the rights in tension: the rights to academic freedom and freedom of expression and the right to equality, specifically the prohibition of racial discrimination. We proposed some criteria for determining when a teacher’s speech can be described as discriminatory. We concluded that in the case studied there was a violation of the right to equality and therefore suggested some relevant reparations measures.

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