Liberty of movement of people with disabilities

Héctor Alfonso Bedoya Gaviria v. Mayors of the municipalities of Pereira, La Virginia and others

Date:  12/19/2019

Judge-Rapporteur:  Antonio José Lizarazo Ocampo

Concurrence:  Gloria Stella Ortiz Delgado

Facts.  The plaintiff, inhabitant of the Caimalito, Pereira, is a person with walking impairment.  He must use a wheel chair fulltime.  He claimed that the refusal of the municipal authorities to remove the bollards located at the entrance and exit of the bridge Bernardo Arango.  Said bollards are actual obstacle for people with disabilities like his, to cross the bridge to go to the other side and move freely between the towns.  The negative of the authorities imply, in his opinion, a transgression of his constitutional rights as a person in a vulnerable condition.

Issue: Are the authorities obliged to keep adequate public spaces for the mobilization of people with walking impairment and other disabilities?

Ruling and reasoning.  Yes.  The constitution guarantees special protection for people with disabilities, and particularly in this case, walking impairment so they have the physical possibility to access any public space as they may want.  This right follows from the constitutional freedom of movement.

Consequently, the Court GRANTED the protection.