In this section, the Constitutional Court of Colombia offers an overview of the main judicial decisions adopted by the Constitutional Court Plenary and its review instances in a wide range of topics such as: constitutional control of the final peace agreement decrees, freedom of religion, human dignity, right to water, free development of personality, freedom of expression, marriage and adoption for same-sex couples, recognition of ethnic rights, right to work for women in condition of pregnancy, among many others.
According to Article 241 of the Constitution, the Constitutional Court has the duty to safeguard the integrity and supremacy of the Colombian Constitution. To fulfill its duties, the Court has the following functions: · Decide on the petitions of unconstitutionality against measures amending the Constitution. · Prior to the public vote, decide on the constitutionality of the call for a referendum or a constituent assembly to amend the Constitution. · Decide on the constitutionality of referendums about laws, popular consultations and plebiscites of a national scope. · Decide on unconstitutionality petitions brought by citizens against the laws, both for their substantive content as well as for procedural errors in their formation. · Decide on unconstitutionality petitions brought by citizens against decrees with force of law issued by the government on the basis of Article 150, paragraph 10, and Article 341 of the Constitution for their substantive content as well as for procedural errors in their formation. · Decide on the exceptions provided for in Article 137 of the Constitution. · Definitively decide on the constitutionality of legislative decrees issued by government on the basis of Articles 212, 213, and 215 of the Constitution. · Definitively decide on the constitutionality of bills opposed by government as unconstitutional and of statutory bills, both for their substantive content as well as for procedural errors in their formation. · Revise the judicial decisions related to the protection of constitutional rights. · Definitively decide on the constitutionality of international treaties and the laws approving them. · Settle disputes between the different jurisdictions. · Draft its own rules of procedure.
The Court is composed of 9 Justices, including the Chief Justice. They are elected by the Senate of the Republic for 8 years from ternary lists submitted by the President of the Republic (3 lists), the Supreme Court of Justice (3 lists), and the Council of State (3 lists), according to Article 44 of Law 270/1996.
The following list of terms is useful to understand the documents issued by the Constitutional Court.
Concrete review– “Tutela”
Concrete constitutionality review performed by the Constitutional Court by means of rulings issued by the Court’s Review Chambers integrated by three justices. These rulings which settle concrete cases regarding fundamental rights.
Principle of law that dictates that a matter that has been previously decided by a judge cannot be decided in a subsequent ruling not related to the previous proceeding.
Conservation of law principle
It is a principle according to which the constitutional tribunals shall prefer a decision that allows preserving, by interpretation, a regulation issued by the Congress, rather than eliminating it from the system.
Declaration of constitutionality under a determinate interpretation
When the Court declares the constitutionality of a regulation while determining the interpretation that allows it to be constitutional.
The Colombian Constitutional Court begins publication of English version briefs of its most important decisions
Right to a vital minimum
State of emergency; scope of the Constitutional Court's jurisdiction on social emergencys motivation.
Decision C-027/93. Concordat
Capability of the Court to determine the effects of its decisions
Personal use of drugs
Censorhip to the media, a freedom of speech dilema
televised political debates
Additional protocol to the Geneva Conventions regarding the protection of victims of non-international armed conflicts.
Limitations to the right to information and liberty of press
Constitutional protection of the social identity, cultural and economic life of the native community.
The Euthanasia / Human Dignity/
Corporal punishment in the indigenous tradition.
Meaning and scope of Article 101 of the Constitution; constitutional block and treaties on boundaries; international law and domestic law.
. Restriction of the religious freedom of members of indigenous communitie
Public space / right to work/ Rigts of the sellers in the street
Right to sexual identity and free development of the hermaphrodites.
RIGHTS OF MINORS FROM INDIGENOUS COMMUNITIES
Right to equality of women in the conformation of decisional institutions of the State
Accessibility to the public transportation system
Social State of Law. Public space
RIghts of victims of internal displacement
New exceptional events in which is possible to lodge a complaint against sentences.
Right to cultural identity on the exercise of political representation
Constitutional Revision of re-election act
Discrimination on the basis of race
Discrete and hidden minority groups
Abortion/ Right to life, Right to health, Rigth to self-determination, Right to family/
Justice and Peace Law/ Amnesty/Human Rights/Victim´s Rights
T-893A of 2006.
The isolation in prisons is contrary to the human dignity of prisoners
The Court recognized that same sex couples had the rigth to form a common law marriage. The equality rigths of same sex couples.
Protection of fundamental rights/ Freedom of speech
The walls of infamy
. Fundamental right to health
Protection of handicap people/Protection against discriminatory action against targeted minorities
Rights to the same-sex couples
Rights of informal recyclers
Sexual and reproductive rigths
Prohibition and sanction of genocide
Testimony provided by sexually abused minors and the pro infans principle.
THIRD PRESIDENTIAL PERIOD (REELECTION)
Right to Water
Protection to the sex workers (prostitution)
International cooperation and technical assistance in defense and security Agreement between Colombia and US
Autonomy of the indigenous communities in ther own territories. Protection of their integrity and the enviroment
The Constitutional Court declared unconstitutional the economic emergency.
The Pavas case.
Protection to the facto marital unions and the rights for same-sex couple
The keeping of domestic animals as expression of fundamental right.
The homosexuals have the right to form a family.
Case of bullying
Discrimination based on sexual orientation
Fiscal sustainability principle
Cameras in the classrooms
.The terms of maternity leave are extended in cases of premature babies and multiple births.
Discrimination based on race
Right to sexual identity
Prohibition of slavery and mistreatment in cases of domestic service.
Case in which the Board of Management of a building refuses to build a wheelchair ramp for an individual with a disability.
Rules in the matter of protection reinforced to motherhood
Water rights in prisons
Due process in criminal judment for high dignitaries.
Rights of the victims of the forced displacement
Right to conjugal visits for LGBTI people.
Right to transgender persons to access health services
Protection of self - image
The prohibition of practicing surgical methods of contraception in minors
FUNDAMENTAL RIGHT TO THE HEALTH OF PEOPLE SUFFERING MENTAL DISORDERS by ADDICTIVE USE OF PSYCHOACTIVE, BIDDING AND ILLICIT SUBSTANCES-
Forensic interview to children and adolescents victims of sexual offences, must comply with due process and respect for the superior interest of children
The positive dimension of the right to equality
Increase of the criminal sanction for domestic violence offences
Conscientius objectors of the military service
Participation in politics of the demobilized
Right of homosexual couples to adopt a child when he is the son of one of the partners
Rigths to the deaf and deafblind population
Jealousy is a reason for divorce
Right to die with dignity. Euthanasia. The Colombian Constitutional Court Reiterates the considerations made in the decision C-239 of 1997.
T-024 / 2015
Right to digna housing
Right to the information and comunications of blind and low people
The case of the homeless
Fundamental right to try.
Adoption by same sex couples when the minor is the biological child of one member of a same sex couple
Phrases of hatred against homosexual people are contrary to the Constitution
Right to reproductive health . In vitro fertilization treatment.
T-478 / 2015
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.
Adoption by same couples
T- 012 /2016
Economic violence in a couple constitutes discrimination.
Celebration of civil marriage between same couples in Colombia
Marriage of same sex couples from notaries and judges
Privation of liberty to indigenous people by detention in prison facilities
Manuals of student coexistence can not impose aesthetic patterns
The plebiscite as an endorsement mechanism to guarantee the ending of the armed conflict
Right to inclusive education of children in a disability situation
Contraceptive procedures can not be performed on people with disabilities without their consent
Free development of personality
Protection of the rights of sex workers
The Atrato River as a "subject of rigths"
The limits on the activities that women can perform during voluntary military service are unconstitutional.
Rights of the victims of the armed conflict. Request to make a public act of recognition of responsibility in the Massacre of Santo Domingo.
Fast track procedure
Right to update information on the internet
Right to education, / Scholarship, access.
Violence, against women / Violence, gender-based
Relative Legislative Omission. Zones of Rural, Economic and Social Development
Food and clean water for the Wayuu people
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.
Migratory policy of the colombian state
Modifications in the regime of royalties
Internet and telephones in prisons
Reinforced labor stability for workers bearing HIV/ AIDS.
T-304 / 2017
Right to freedom of locomotion of people in disability situation
Corporal punishment of children is prohibited by the Constitution
Right to love
The case of vaccines against human papilloma
Speakers of members of the Farc in the Congress
Payment for environmental services and incentives to the conservation
T- 499 A/ 2017
Reinforced labor protection of women pregnant or in the lactation period and adopting mothers
Duty of neutrality in religious matters of the official educational institutions.
Prohibition of preventive censorship to the information that warns about risks of consumption of sugary drinks
T-332/2017 Y T544/2017
Two new cases of euthanasia
Shared retirement pension
It is forbidden racial discrimination in an employment relationship
Scope of the rigth to privacy against the dissemination of virtual conversation of chat created in the labor enviroment.
Obligation to solve cases involving a gender perspective
Quimbaya treasure must return to Colombia
Change of sex on identity card. The case of intersex children
Freedom of opinion can not be used to defame
Development programs with territorial approach
State may become secod aggressor of a woman when there is no diligence in attending the denounces for gender based violence
Unconstitutional the "servant" expression of the civil code
Right to nationality and to registration of birth for a minor born outside the country.
The risks of new information technologies and communications in schools. The case of the"blue whale" game.
Commission for the Clarification of Truth, Coexistence and Non-Repetition
Rigths to privacy , honour, ones`s good name and image in the social nerworks
Gender approach in language used in judicial decisions in case of victim of sexual violence.
Principles of proportionality and reasonability in suspension of intimate visitis in prisions .
Health services for migrants
UARIV. Legal reasons when denying to include people in the registry.
Being single or not having children are disproportionate demands for professional soldiers
Protection of political speech
Schools may discipline students who affect the right to privacy when they use social networks
Family unity in the context of population density measures
Protection to domestic work
The job stability of pregnant women. Change of jurisprudence
The type of employment relationship is not an obstacle to labor protection
Duties of the authorities in cases of intrafamily violence
C-080 / 2018
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 "
The superior interest of the child and the joint custody of both parents.
Religious freedom of people in jail
Constitutional Court protects fundamental rights to due process and privacy of two young people expelled from a school.
Condemn for homicide by the indigenous jurisdiction requests his case to be submitted to the special jurisdiction for peace
Protection for a girl victim of an antipersonnel mine.
Right to informed consent in cases of contracts in pornographic videos
The Court reiterates the ruling C-355/ 2006. The case of abortion.
The "consulta popular" can not be used to prohibit extractive activities in a specific municipality or district.
The inability for tax debts is constitutional
T-434 / 2018
School transportation service and exceptional access of children to education programs for the elderly
T-443 / 2018
The rights of children as a limit to the autonomy of indigenous peoples.
C-117 / 2018
The 5% tax on sanitary towels is unconstitutional
Religious freedom does not exclude the guarantee of the fundamental right of petition
T-448 / 2018
The reduction of the sentence or pre-agreements in sexual crimes against children is not applicable
Principle of continuity on the provision of health services to retired members of the police
The Court reiterates the right of parents when their children are born.
Exercise worthy of motherhood in people with disabilities
Sport hunting and the protection of the natural environment and the wild life
Right to appeal the first judgement of conviction by The Supreme Court of Justice - Criminal Room
Access to education for children and adolescents
Liberty of movement of people with disabilities
Dismissal and general disqualification of popularly elected officials
Exam for lawyers to practice law is required
Rights of national investors vis-Ã¡-vis those of foreigners
Consumption of alcohol or psychoactive substances in public space
Exception in favor of indigenous communities to the legal monopoly in the production of alcoholic beverages. Discrimination of Afro-Colombian, Palenque, and Raizal communities
Decision by luck of the winner of an election, in the event of a draw in the votes
Closure by authorities of a public establishment where prostitution was practiced and the rights to work and equality
Right to appeal the first judgement of conviction
Freedom of Expression and Information. Disclosure of confidential information in the media regarding criminal proceedings
Same-sex de facto relationships
Freedom of Expression and the rights to protection of honor and good name. Social Media
Woman with disability victim of sexual violence
Proactive application of favorable past laws not in force anymore when requesting recognition and payment of disability pension
Due Disciplinary Process to dismiss union workers during strike pronounced illegal
Registration as a victim of a woman who was forcibly recruited in the guerrillas, sexually assaulted, and violently compelled to displace
Right to drinking water and basic sanitation
Collective ownership and inherent steward rights of the land
Freedom of expression and the rights to a good name and honor in social networks
Right of association of the Wayuu people and their registration with the Ministry of the Interior
Freedom of expression in social networks
Jurisdiction limits of Inherent Right Indigenous Governments
Right to adequate food, health, and dignity for deprived of liberty
There is no penalty for a citizen not carrying his ID
Public policy regarding support for menstrual hygiene of homeless women
The rights of Venezuelan immigrants to access the health care system
Freedom of Expression and access to health care by individuals with hearing disabilities
Right to health and a decent and dignified life. Breast reconstruction procedure included in the healthcare plan
Right to adequate housing for persons with disabilities
Administrative due process to be followed to deport a foreigner. Family rights
Good faith third parties in criminal process
Provision and payment for specialized therapy not covered by the public health care plan. Children with alleged physical, sensory, or cognitive disabilities
Rights of children and adolescents with disabilities
Principle of equality and prohibition of discrimination based upon gender identity and sexual orientation