T-607/19
Rights of children and adolescents with disabilities
Jepr (John Doe) v. Family Court and the Colombian Institute of Family Welfare (Spanish abbreviation ICBF)
Date: 12/12/2019
Judge-Rapporteur: José Fernando Reyes Cuartas
Dissent: Carlos Libardo Bernal Pulido (partial)
Facts. The plaintiffs, on behalf of his minor daughter (hearing and speech impaired), claimed that her rights were ignored by the ICBF (child protective services agency). The father said that with no reason, her daughter was referred by the school counselor to the defendant agency and it, in turn, sent her to an emergency foster home for alleged mistreatment at home. The foster home sent her back to an ICBF’s special unit for minors. The petitioner argued that the family is being split by the arbitrary decision of the defendant agency.
Issue: Do minor children with disabilities need to be specially and intensively protected by Government agencies?
Ruling and reasoning. Yes. The Court emphasized that the condition of the minor made her a particularly vulnerable person who should be specially protected by all the authorities. Although the Court did not find proof of mistreatment at home, it did not find either irregular procedures followed by the defendant agency. But it noticed that the girl had not received appropriate treatment for her condition until the age of 13, when the school noticed it was required. Due to this, the proper protection of her right should be guaranteed at all time, and therefore, special attention and oversight over her treatment and circumstances should be performed permanently.
Accordingly, the Court DENIED the plaintiff’s’ motion and issued several orders to authorities involved aimed at the protection the girl´s rights.
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