Freedom of Expression and access to health care by individuals with hearing disabilities

Angélica Lineros Pantoja v. Compensar E.P.S.

Date:  09/02/2019

Judge-Rapporteur:  Carlos Libardo Bernal Pulido

Facts.  The plaintiff, a transgender person with a hearing disability, claimed that the defendant healthcare company has put in place many barriers for her to effectively and in a timely manner access the required treatment to accomplish her body change.  She also complained that no sign language interpreter has been assigned by the health entity to guarantee her proper communication during the whole process. 

Issue: Does a transgender person with disability have the right to medical care supporting his/her body change and taking care of his/her disability within the coverage of his/her health care plan?

Ruling and reasoning.  Yes.  The Court emphasized that no distinction should be made in the rendering of health services to a person because of his/her sexual orientation and identity.  All the necessary measures should be taken by the health care entity to appropriately support this person on an equal footing with any other user.  ON the other hand, although the Court found that by the time of the decision the defendant has already complied with their duties, it decided to make a substantive statement to further guarantee the fundamental rights of the petitioner.

As a consequence, the Court GRANTED the protection, and warned the defendant entity to take the necessary measures to guarantee the appropriate communication of the plaintiff in a timely, precise, and efficient manner, considering her hearing disability.