The Social State Governed by the Rule of Law (Estado Social de Derecho): Limitations on the Fundamental Right to Indigenous Ethnoeducation

The 1991 Political Constitution of Colombia established the Social State Governed by the Rule of Law (Estado Social de Derecho) as a new model of political, legal, and administrative organization, introducing into the Colombian legal system the right of Indigenous peoples to ethnoeducation and to own education (educación propia). Objective: To analyze how the Constitution, its implementing legal provisions, and the jurisprudence of the Constitutional Court have contributed to advancing the rights of Indigenous peoples through ethnoeducation. Methodology: The study employed a methodological design grounded in ethnographic research with the Murui-Muina people, adopting a qualitative socio-legal and educational approach, complemented by Participatory Action Research (PAR). Results: The findings highlight how the Social State Governed by the Rule of Law, as constitutionally established in 1991, has enabled Indigenous peoples in Colombia to receive an education that respects their language and worldview. Nevertheless, considerable challenges remain before the full realization of their ancestral rights can be achieved. Conclusions: The ethnographic dialogues and fieldwork revealed that the legal framework governing ethnoeducation does not fully guarantee the autonomy of Indigenous communities, as their ethnoepistemology remains subordinated to a standardized Western educational model. This situation, together with legislative provisions enacted by the Congress of the Republic of Colombia that restrict the recognition of Indigenous cultural diversity, contributes to the risk of disappearance of Indigenous peoples' worldview, native languages, ethnophilosophy, and ancestral territories.