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 the publication of the english version of an abstract of its most important decisions
Exercise worthy of motherhood in people with disabilities
The Court reiterates the right of parents when their children are born.
Principle of continuity on the provision of health services to retired members of the police
T-448 / 2018
The reduction of the sentence or pre-agreements in sexual crimes against children is not applicable
Religious freedom does not exclude the guarantee of the fundamental right of petition
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
T-434 / 2018
School transportation service and exceptional access of children to education programs for the elderly
The inability for tax debts is constitutional
The "consulta popular" can not be used to prohibit extractive activities in a specific municipality or district.
The Court reiterates the ruling C-355/ 2006. The case of abortion.
Right to informed consent in cases of contracts in pornographic videos
Condemn for homicide by the indigenous jurisdiction requests his case to be submitted to the special jurisdiction for peace
Constitutional Court protects fundamental rights to due process and privacy of two young people expelled from a school.
Protection for a girl victim of an antipersonnel mine.
Religious freedom of people in jail
The superior interest of the child and the joint custody of both parents.
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 "
Duties of the authorities in cases of intrafamily violence
The type of employment relationship is not an obstacle to labor protection
The job stability of pregnant women. Change of jurisprudence
Family unity in the context of population density measures
Schools may discipline students who affect the right to privacy when they use social networks
Protection to domestic work
Protection of political speech
Being single or not having children are disproportionate demands for professional soldiers
UARIV. Legal reasons when denying to include people in the registry.
Health services for migrants
Principles of proportionality and reasonability in suspension of intimate visitis in prisions .
Gender approach in language used in judicial decisions in case of victim of sexual violence.
Rigths to privacy , honour, ones`s good name and image in the social nerworks
Commission for the Clarification of Truth, Coexistence and Non-Repetition
The risks of new information technologies and communications in schools. The case of the"blue whale" game.
Right to nationality and to registration of birth for a minor born outside the country.
Unconstitutional the "servant" expression of the civil code
State may become secod aggressor of a woman when there is no diligence in attending the denounces for gender based violence
Development programs with territorial approach
Freedom of opinion can not be used to defame
Change of sex on identity card. The case of intersex children
Quimbaya treasure must return to Colombia
Obligation to solve cases involving a gender perspective
Scope of the rigth to privacy against the dissemination of virtual conversation of chat created in the labor enviroment.
It is forbidden racial discrimination in an employment relationship
Shared retirement pension
T-332/2017 Y T544/2017
Two new cases of euthanasia
Prohibition of preventive censorship to the information that warns about risks of consumption of sugary drinks
Duty of neutrality in religious matters of the official educational institutions.
T- 499 A/ 2017
Reinforced labor protection of women pregnant or in the lactation period and adopting mothers
Payment for environmental services and incentives to the conservation
Speakers of members of the Farc in the Congress
The case of vaccines against human papilloma
Right to love
T-304 / 2017
Right to freedom of locomotion of people in disability situation
Corporal punishment of children is prohibited by the Constitution
Reinforced labor stability for workers bearing HIV/ AIDS.
Internet and telephones in prisons
Modifications in the regime of royalties
Migratory policy of the colombian state
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.
Food and clean water for the Wayuu people
Relative Legislative Omission. Zones of Rural, Economic and Social Development
Violence, against women / Violence, gender-based
Right to education, / Scholarship, access.
Right to update information on the internet
Fast track procedure
Rights of the victims of the armed conflict. Request to make a public act of recognition of responsibility in the Massacre of Santo Domingo.
The limits on the activities that women can perform during voluntary military service are unconstitutional.
The Atrato River as a "subject of rigths"
Protection of the rights of sex workers
Free development of personality
Contraceptive procedures can not be performed on people with disabilities without their consent
Right to inclusive education of children in a disability situation
The plebiscite as an endorsement mechanism to guarantee the ending of the armed conflict
Manuals of student coexistence can not impose aesthetic patterns
Privation of liberty to indigenous people by detention in prison facilities
Marriage of same sex couples from notaries and judges
Celebration of civil marriage between same couples in Colombia
T- 012 /2016
Economic violence in a couple constitutes discrimination.
Adoption by same couples
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.
Right to reproductive health . In vitro fertilization treatment.
Phrases of hatred against homosexual people are contrary to the Constitution
Adoption by same sex couples when the minor is the biological child of one member of a same sex couple
Fundamental right to try.
The case of the homeless
Right to the information and comunications of blind and low people
T-024 / 2015
Right to digna housing
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.
Rigths to the deaf and deafblind population
Right of homosexual couples to adopt a child when he is the son of one of the partners
Participation in politics of the demobilized
Conscientius objectors of the military service
Increase of the criminal sanction for domestic violence offences
The positive dimension of the right to equality
Forensic interview to children and adolescents victims of sexual offences, must comply with due process and respect for the superior interest of children
FUNDAMENTAL RIGHT TO THE HEALTH OF PEOPLE SUFFERING MENTAL DISORDERS by ADDICTIVE USE OF PSYCHOACTIVE, BIDDING AND ILLICIT SUBSTANCES-
The prohibition of practicing surgical methods of contraception in minors
Protection of self - image
Right to transgender persons to access health services
Right to conjugal visits for LGBTI people.
Rights of the victims of the forced displacement
Due process in criminal judment for high dignitaries.
Water rights in prisons
Rules in the matter of protection reinforced to motherhood
Case in which the Board of Management of a building refuses to build a wheelchair ramp for an individual with a disability.
Prohibition of slavery and mistreatment in cases of domestic service.
Right to sexual identity
Discrimination based on race
.The terms of maternity leave are extended in cases of premature babies and multiple births.
Cameras in the classrooms
Fiscal sustainability principle
Discrimination based on sexual orientation
Case of bullying
The homosexuals have the right to form a family.
The keeping of domestic animals as expression of fundamental right.
Protection to the facto marital unions and the rights for same-sex couple
The Pavas case.
The Constitutional Court declared unconstitutional the economic emergency.
Autonomy of the indigenous communities in ther own territories. Protection of their integrity and the enviroment
International cooperation and technical assistance in defense and security Agreement between Colombia and US
Protection to the sex workers (prostitution)
Right to Water
THIRD PRESIDENTIAL PERIOD (REELECTION)
Testimony provided by sexually abused minors and the pro infans principle.
Prohibition and sanction of genocide
Sexual and reproductive rigths
Rights of informal recyclers
Rights to the same-sex couples
Protection of handicap people/Protection against discriminatory action against targeted minorities
The walls of infamy
. Fundamental right to health
Protection of fundamental rights/ Freedom of speech
The Court recognized that same sex couples had the rigth to form a common law marriage. The equality rigths of same sex couples.
T-893A of 2006.
The isolation in prisons is contrary to the human dignity of prisoners
Justice and Peace Law/ Amnesty/Human Rights/Victim´s Rights
Abortion/ Right to life, Right to health, Rigth to self-determination, Right to family/
Discrete and hidden minority groups
Discrimination on the basis of race
Constitutional Revision of re-election act
Right to cultural identity on the exercise of political representation
New exceptional events in which is possible to lodge a complaint against sentences.
RIghts of victims of internal displacement
Social State of Law. Public space
Accessibility to the public transportation system
Right to equality of women in the conformation of decisional institutions of the State
RIGHTS OF MINORS FROM INDIGENOUS COMMUNITIES
Right to sexual identity and free development of the hermaphrodites.
Public space / right to work/ Rigts of the sellers in the street
. Restriction of the religious freedom of members of indigenous communitie
Meaning and scope of Article 101 of the Constitution; constitutional block and treaties on boundaries; international law and domestic law.
Corporal punishment in the indigenous tradition.
The Euthanasia / Human Dignity/
Constitutional protection of the social identity, cultural and economic life of the native community.
Limitations to the right to information and liberty of press
Additional protocol to the Geneva Conventions regarding the protection of victims of non-international armed conflicts.
televised political debates
Censorhip to the media, a freedom of speech dilema
Personal use of drugs
Capability of the Court to determine the effects of its decisions
Decision C-027/93. Concordat
State of emergency; scope of the Constitutional Court's jurisdiction on social emergencys motivation.
Right to a vital minimum