Introductory Note


In this section, the Constitutional Court of Colombia offers an overview of its role and composition, Justices, main decisions, and relevant documents.


About the Court


The Constitutional Court of Colombia is the highest tribunal in the Colombian judiciary in matters of Constitutionality. According to the Constitution, it is entrusted to the Court: “The safeguarding of the integrity and supremacy of the Constitution”. In such a capacity, it has a range of functions such as, to determine the constitutionality not only of laws, acts, statutes, and presidential directives (decrees), but also amendments of the Constitution itself, and the International Treaties and their Congress approval. It is also the avant-garde guardian of the fundamental rights of the people, employing the optional review of judicial decisions concerning the protection of their constitutional rights petitioned, throughout the country, through guardianship action, also called the Amparo or Tutela action. As the final constitutional arbiter, the Court is charged with ensuring the Colombian people the promises and rights established upon on the Political Constitution of the Republic. The Court consists of an uneven number of Justices as determined by law. Currently, the number of Justices is fixed at nine, including the President of the Court. Power to nominate the Justices is split among the Supreme Court of Justice, the Council of State, and the President of the Republic. Each one shall nominate three candidates by proposing three shortlists to the Senate. The election is then made by the latter. Justices serve for a term of eight years.



Justices

Antonio José Lizarazo Ocampo
Cristina Pardo Schlesinger
Diana Fajardo Rivera
Jorge Enrique Ibañez Najar
Alejandro Linares Cantillo
Paola Andrea Meneses Mosquera
Gloria Stella Ortiz
José Fernando Reyes Cuartas
Alberto Rojas Ríos

Constitution




Main Decisions


The Colombian Constitutional Court begins publication of English version briefs of its most important decisions



T-426/92
Right to a vital minimum

C-004/92
State of emergency; scope of the Constitutional Court's jurisdiction on social emergency�s motivation.

C-027/93
Decision C-027/93. Concordat

C-113/93
Capability of the Court to determine the effects of its decisions

C-221/94
Personal use of drugs

T-425/94
Censorhip to the media, a freedom of speech dilema

T-484/94
televised political debates

C-225/95
Additional protocol to the Geneva Conventions regarding the protection of victims of non-international armed conflicts.

C-045/96
Limitations to the right to information and liberty of press

SU-039/97
Constitutional protection of the social identity, cultural and economic life of the native community.

C-239/97
The Euthanasia / Human Dignity/

T-523/97
Corporal punishment in the indigenous tradition.

C-191/98
Meaning and scope of Article 101 of the Constitution; constitutional block and treaties on boundaries; international law and domestic law.

SU-510/98
. Restriction of the religious freedom of members of indigenous communitie

SU-360/99
Public space / right to work/ Rigts of the sellers in the street

SU-337/99
Right to sexual identity and free development of the hermaphrodites.

T-030/00
RIGHTS OF MINORS FROM INDIGENOUS COMMUNITIES

C-371/00
Right to equality of women in the conformation of decisional institutions of the State

C-760/01
Legislative Procedure

T-595/02
Accessibility to the public transportation system

T-772/03
Social State of Law. Public space

T-025/04
RIghts of victims of internal displacement

C-590/05
New exceptional events in which is possible to lodge a complaint against sentences.

T-778/05
Right to cultural identity on the exercise of political representation

C-1040/05
Constitutional Revision of re-election act

T-1090/05
Discrimination on the basis of race

C-076/06
Discrete and hidden minority groups

C-355/06
Abortion/ Right to life, Right to health, Rigth to self-determination, Right to family/

C-370/06
Justice and Peace Law/ Amnesty/Human Rights/Victim�s Rights

T-893A/06
The isolation in prisons is contrary to the human dignity of prisoners

C-075/07
The Court recognized that same sex couples had the rigth to form a common law marriage. The equality rigths of same sex couples.

T-391/07
Protection of fundamental rights/ Freedom of speech

C-772/08
The walls of infamy

T-760/08
Fundamental right to health

T-1258/08
Protection of handicap people/Protection against discriminatory action against targeted minorities

C-029/09
Rights to the same-sex couples

T-291/09
Rights of informal recyclers

T-388/09
Sexual and reproductive rigths

C-488/09
Prohibition and sanction of genocide

T-078/10
Testimony provided by sexually abused minors and the pro infans principle.

C-141/10
THIRD PRESIDENTIAL PERIOD (REELECTION)

T-616/10
Right to Water

T-629/10
Protection to the sex workers (prostitution)

A-288/10
International cooperation and technical assistance in defense and security Agreement between Colombia and US

T-129/11
Autonomy of the indigenous communities in ther own territories. Protection of their integrity and the enviroment

C-216/11
The Constitutional Court declared unconstitutional the economic emergency.

T-267/11
The �Pavas� case.

C-283/11
Protection to the facto marital unions and the rights for same-sex couple

C-439/11
The keeping of domestic animals as expression of fundamental right.

C-577/11
The homosexuals have the right to form a family.

T-905/11
Case of bullying

T-248/12
Discrimination based on sexual orientation

C-288/12
Fiscal sustainability principle

T-407/12
Cameras in the classrooms

T-646/12
.The terms of maternity leave are extended in cases of premature babies and multiple births.

T-691/12
Discrimination based on race

T-918/12
Right to sexual identity

T-1077/12
precautionary principle

T-1078/12
Prohibition of slavery and mistreatment in cases of domestic service.

T-416/13
Case in which the Board of Management of a building refuses to build a wheelchair ramp for an individual with a disability.

SU-070/13
Rules in the matter of protection reinforced to motherhood

T-077/13
Water rights in prisons

SU-198/13
Due process in criminal judment for high dignitaries.

SU-254/13
Rights of the victims of the forced displacement

T-372/13
Right to conjugal visits for LGBTI people.

T-552/13
Right to transgender persons to access health services

T-634/13
Protection of self - image

C-131/14
The prohibition of practicing surgical methods of contraception in minors

T-153/14
Rights of people suffering from mental disorders caused by the use of addictive substances

C-177/14
Forensic interview to children and adolescents victims of sexual offences, must comply with due process and respect for the superior interest of children

T-192/14
The positive dimension of the right to equality

C-283/14
Animal welfare

C-368/14
Increase of the criminal sanction for domestic violence offences

T-455/14
Conscientius objectors of the military service

C-577/14
Participation in politics of the demobilized

SU-617/14
Right of homosexual couples to adopt a child when he is the son of one of the partners

T-850/14
Rigths to the deaf and deafblind population

T-970/14
Right to die with dignity. Euthanasia.

T-967/14
Jealousy is a reason for divorce

T-024/15
Right to digna housing

C-035/15
Right to the information and comunications of blind and low people

T-043/15
The case of the homeless

T-057/15
Fundamental right to try.

C-071/15
Adoption by same sex couples when the minor is the biological child of one member of a same sex couple

T-141/15
Phrases of hatred against homosexual people are contrary to the Constitution

T-274/15
Right to reproductive health . In vitro fertilization treatment.

T-478/15
Prohibition of all forms of discrimination and harassment in schools. Respect for people with diverse sexual orientation. Review of the Coexistence Manuals. The case of Sergio Urrego.

C-683/15
Adoption by same couples

T- 012/16
Economic violence in a couple constitutes discrimination.

T-074/16
Foster children

T-544/17
Euthanasia

SU-214/16
Marriage of same sex couples from� notaries and judges

T-312/16
Privation of liberty to indigenous people by detention in prison facilities

T- 349/16
Manuals of student coexistence can not impose aesthetic patterns

C-379/16
The plebiscite as an endorsement mechanism to guarantee the ending of the armed conflict

T-523/16
Right to inclusive education of children in a disability situation

T-573/16
Contraceptive procedures can not be performed on people with disabilities without their consent

T-560/16
Free development of personality

T-594/16
Protection of the rights of sex workers

T-622/16
The Atrato River as a "subject of rigths"

C-659/16
The limits on the activities that women can perform during voluntary military service are unconstitutional.

T-564/16
Rights of the victims of the armed conflict. Request to make a public act of recognition of responsibility in the Massacre of Santo Domingo.

C-699/16
Fast track procedure

T-725/16
Right to update information on the internet

C-003/17
Right to education, / Scholarship, access.

T-027/17
Violence, against women / Violence, gender-based

C-077/17
Relative Legislative Omission. Zones of Rural, Economic and Social Development

T-302/17
Food and clean water for the Wayuu people

T-207/17
Who knowing the absence of the biological link through genetic tests has allowed time to pass without making use of legal mechanisms ratifies his legal, filial and social paternity.

T-250/17
Migratory policy of the colombian state

C-253/17
Modifications in the regime of royalties

T-276/17
Internet and telephones in prisons

T-277/17
Reinforced labor stability for workers bearing HIV/ AIDS.

T-304/17
Right to freedom of locomotion of people in disability situation

T-306/17
Corporal punishment of children is prohibited by the Constitution

T-311/17
Right to love

T-365/17
The case of vaccines against human papilloma

C-408/17
Speakers of members of the Farc in the Congress

C-644/17
Payment for environmental services and incentives to the conservation

T-499A/17
Reinforced labor protection of women pregnant or in the lactation period and adopting mothers

T-524/17
Duty of neutrality in religious matters of the official educational institutions.

T-332/17
Euthanasia

T-543/17
Prohibition of preventive censorship to the information that warns about risks of consumption of sugary drinks

T-553/17
Shared retirement pension

T-572/17
It is forbidden racial discrimination in an employment relationship

T-574/17
Scope of the rigth to privacy against the dissemination of virtual conversation of chat created in the labor enviroment.

T-590/17
Obligation to solve cases involving a gender perspective

SU-649/17
Quimbaya treasure must return to Colombia

T-675/17
Change of sex on identity card. The case of intersex children

T-695/17
Freedom of opinion can not be used to defame

C-730/17
Development programs with territorial approach

T-735/17
State may become secod aggressor of a woman when there is no diligence in attending the denounces for gender based violence

C-001/18
Unconstitutional the "servant" expression of the civil code

T-023/18
Right to nationality and to registration of birth for a minor born outside the country.

T-067/18
The risks of new information technologies and communications in schools. The case of the"blue whale" game.

C-017/18
Commission for the Clarification of Truth, Coexistence and Non-Repetition

T-117/18
Rigths to privacy , honour, ones`s good name and image in the social nerworks

T-126/18
Gender approach in language used in judicial decisions in case of victim of sexual violence.

T-129/18
Principles of proportionality and reasonability in suspension of intimate visitis in prisions .

T-210/18
Health services for migrants

T-227/18
UARIV. Legal reasons when denying to include people in the registry.

C-063/18
Being single or not having children are disproportionate demands for professional soldiers

T-244/18
Protection of political speech

T-240/18
Schools may discipline students who affect the right to privacy when they use social networks

T-242/18
Family unity in the context of population density measures

T-243/18
Protection to domestic work

SU-075/18
The job stability of pregnant women. Change of jurisprudence

T-305/18
The type of employment relationship is not an obstacle to labor protection

T-311/18
Duties of the authorities in cases of intrafamily violence

C-080/18
Revision of the Statutory Law Project number 08 of 2017Senate - 016 of 2017 Chamber, "Statutory of the Administration of Justice in the Special Jurisdiction for Peace "

T-384/18
The superior interest of the child and the joint custody of both parents.

T-363/18
Religious freedom of people in jail

T-365/18
Condemn for homicide by the indigenous jurisdiction requests his case to be submitted to the special jurisdiction for peace

T-364/18
Constitutional Court protects fundamental rights to due process and privacy of two young people expelled from a school.

T-366/18
Protection for a girl victim of an antipersonnel mine.

T-407A/18
Right to informed consent in cases of contracts in pornographic videos

SU-096/18
The Court reiterates the ruling C-355/ 2006. The case of abortion.

SU-095/18
The "consulta popular" can not be used to prohibit extractive activities in a specific municipality or district.

C-101/18
The inability for tax debts is constitutional

T-434/18
School transportation service and exceptional access of children to education programs for the elderly

C-117/18
The 5% tax on sanitary towels is unconstitutional

T-443/18
The rights of children as a limit to the autonomy of indigenous peoples.

T-449/18
Religious freedom does not exclude the guarantee of the fundamental right of petition

T-448/18
The reduction of the sentence or pre-agreements in sexual crimes against children is not applicable

T-452/18
Principle of continuity on the provision of health services to retired members of the police

C-140/18
The Court reiterates the right of parents when their children are born.

T-468/18
Exercise worthy of motherhood in people with disabilities

C-045/19
Sport hunting and the protection of the natural environment and the wild life

SU-373/19
Right to appeal the first judgement of conviction by The Supreme Court of Justice - Criminal Room

T-209/19
Access to education for children and adolescents

T-621/19
Liberty of movement of people with disabilities

C-252/19
Rights of national investors vis-á-vis those of foreigners

T-366/19
Gender discrimination

C-111/19
Dismissal and general disqualification of popularly elected officials

C-138/19
Exam for lawyers to practice law is required

C-253/19
Consumption of alcohol or psychoactive substances in public space

C-480/19
Exception in favor of indigenous communities to the legal monopoly in the production of alcoholic beverages. Discrimination of Afro-Colombian, Palenque, and Raizal communities

C-497/19
Decision by luck of the winner of an election, in the event of a draw in the votes

SU-062/19
Closure by authorities of a public establishment where prostitution was practiced and the rights to work and equality

SU-217/19
Right to appeal the first judgement of conviction

SU-274/19
Freedom of Expression and Information. Disclosure of confidential information in the media regarding criminal proceedings

SU-309/19
Same-sex de facto relationships

SU-420/19
Freedom of Expression and the rights to protection of honor and good name. Social Media

SU-479/19
Woman with disability victim of sexual violence

SU-556/19
Proactive application of favorable past laws not in force anymore when requesting recognition and payment of disability pension

SU-598/19
Due Disciplinary Process to dismiss union workers during strike pronounced illegal

SU-599/19
Registration as a victim of a woman who was forcibly recruited in the guerrillas, sexually assaulted, and violently compelled to displace

T-012/19
Right to drinking water and basic sanitation

T-063/19
Collective ownership and inherent steward rights of the land

T-155/19
Freedom of expression and the rights to a good name and honor in social networks

T-172/19
Right of association of the Wayuu people and their registration with the Ministry of the Interior

T-179/19
Freedom of expression in social networks

T-208/19
Jurisdiction limits of Inherent Right Indigenous Governments

T-260/19
Right to adequate food, health, and dignity for deprived of liberty

T-385/19
There is no penalty for a citizen not carrying his ID

T-398/19
Public policy regarding support for menstrual hygiene of homeless women

T-403/19
The rights of Venezuelan immigrants to access the health care system

T-406/19
Freedom of Expression and access to health care by individuals with hearing disabilities

T-449/19
Right to health and a decent and dignified life. Breast reconstruction procedure included in the healthcare plan

T-451/19
Right to adequate housing for persons with disabilities

T-530/19
Administrative due process to be followed to deport a foreigner. Family rights

T-549/19
Good faith third parties in criminal process

T-563/19
Provision and payment for specialized therapy not covered by the public health care plan. Children with alleged physical, sensory, or cognitive disabilities

T-607/19
Rights of children and adolescents with disabilities

T-335/19
Principle of equality and prohibition of discrimination based upon gender identity and sexual orientation

C-088/20
Criminalization of abortion

C-048/20
Insufficient law coverage of measures regarding the use of service dogs for persons with disabilities

C-118/20
Adequate spaces at work for nursing women to express and preserve milk

C-145/20
Declaration of the State of Emergency as a result of the Covid-19 pandemic

C-194/20
Creation of the Public Fund for Emergency Mitigation (Spanish short FOME)

C-178/20
Price control of basic goods and necessities

C-205/20
Biosecurity protocols for management of Covid-19

C-242/20
Work from home, non-face-to-face meetings and other measures taken during the pandemic in governmental entities

C-185/20
Measures to guarantee the public transportation and its infrastructure throughout the Covid-19 pandemic

C-255/20
Measures for the prevention of the spread of the SARS-CoV-2 in overcrowded centers of deprivation of liberty

C-258/20
Temporary reduction of the contribution rate to the public pension system and other measures

C-201/20
Suspension of extradition proceedings during state of emergency caused by Covid-19 pandemic

C-307/20
Declaration of the State of Emergency as a result of the Covid-19 pandemic. Second time for an additional 30-day period

C-350/20
Establishment of the Education Solidarity Public Fund to reduce the school dropout rate during the Covid-19 pandemic

C-426/20
Mandatory retirement by law due to age of the members of the Board of Governors of the Bank of the Republic and the autonomy of the Central Bank

SU-141/20
Journalists and Freedoms of Press, Speech, and Expression

SU-143/20
Legal Protection Action against Judicial Decisions

SU-146/120
Right to appeal the first judgement of conviction by The Supreme Court of Justice - Criminal Room

T-006/20
Right to citizenship of the children born in Colombia of Venezuelan immigrants

T-030/20
Rights to education and equality originated in the provision and continuity of internet service

T-091/20
Access and privacy of personal information

T-124/20
Students with disabilities and access to educational institutions and school transportation

T-321/20
Right of people with disabilities to easily accessible parking lots

T-365/20
Ethnic and cultural diversity of indigenous people deprived of liberty

T-370/20
Freedom of the Press and the rights to Honor, Privacy, and Good Name.  Public apologies and information correction

SU-080/20
Redress for domestic violence against women

T-387/20
Conflict between the Jurisdiction of Inherent Right Indigenous Governments, and that of the National Government.  Domestic violence cases

SU-016/20
Rights of animals and their protection