People who are victims of discrimination in indigenous communities from a constitutional perspective

Abstract

The 2008 Constitution defines the country as a rights-based, intercultural, and plurinational state, guaranteeing equality and non-discrimination. This framework is complemented by international standards, such as the ICERD, ILO Convention 169, and the United Nations Declaration on the Rights of Indigenous Peoples, which reinforce obligations of consultation, respect for indigenous institutions, and comprehensive reparations. The objective was to strengthen the protection of indigenous communities against discrimination through the analysis of the normative framework, the evaluation of public policies, and the proposal of guidelines with a territorial and intercultural approach. The study adopts a qualitative legal-doctrinal approach and reviews the Constitution, legislation, public policy, and illustrative cases, recording for each situation the violated right, state obligations, legal remedies, and culturally relevant evidence. The diagnosis reveals a gap between normative recognition and its implementation, evident in tensions within the Intercultural Bilingual Education System and in public-order decisions that disproportionately affect communities. To address these gaps, a practical protection framework is proposed, linking typical situations with immediate legal remedies, such as the action of protection, habeas corpus, and precautionary measures; minimal reparations with cultural relevance; and suitable evidence, including community records, anthropological assessments, and testimonies in indigenous languages. It is concluded that the effectiveness of rights requires valid prior consultation, affirmative action, territorialized services, intersectoral coordination, culturally informed evidentiary standards, and community monitoring of judgments.