SU-599/19
Registration as a victim of a woman who was forcibly recruited in the guerrillas, sexually assaulted, and violently compelled to displace
Juliana Laguna Trujillo (on behalf of Helena) & another v. Uariv & another
Date: 12/11/2019
Judge-Rapporteur: Cristina Pardo Schlesinger
Concurrence: Diana Constanza Fajardo Rivera. Luis Guillermo Guerrero Pérez. Alejandro Linares Cantillo. José Fernando Reyes Cuartas
Dissent: Alejandro Linares Cantillo (partial). Antonio José Lizarazo Ocampo (partial)
Registration as a victim of a woman who was forcibly recruited in the guerrillas, sexually assaulted, and violently compelled to displace
Facts. The plaintiff alleged that the Special District for the Care and Reparation of Victims (Spanish short UARIV), ignored the plaintiff’s fundamental rights by denying her registration as a victim of the internal armed conflict, due to her requesting beyond the legal terms set up in Act 1448 of 2011. The petitioner claimed that the decision of the special agency did not consider events of force majeure the prevented her to petition her registration on due time.
Issue: Can a victim be included in the corresponding public registration for the purpose of governmental benefits, after the legal terms for so doing have expired?
Ruling and reasoning. Yes, subject to certain conditions. For reaching this decision, the Court expounded that the terms for the registration were suspended until the event of force majeure ended. It was resumed afterwards, allowing the claimer to be included in it. Besides, doing so is the only way to protect the number of her rights that were violated such as: medical care, family life and unity, adequate food, education, housing, among others.
Accordingly, the Court GRANTED the protection and ordered the corresponding authorities to register the petitioner as a victim, and provide her with all the all the required appropriate health care services.
|