| Basic information | Substance of the ruling | Accessibility of the case and further relevant links | |||||||
| Date | Name of the case (or case number) | The body delivering the decision | Keywords, topic | Executive part | Brief summary | Full text | Page at the website of the issuing court | Page in other databases | Unofficial materials, press communications |
| October 3. 2023. | Auto 2365/2023. | Constitutional Court of Colombia | Rights of prisoners | The Constitutional Court of Colombia held that the municipality of Bogota should establish health brigades to secure proper medical treatment for all temporarily detained persons. | The Constitutional Court of Colombia imposed the duty on the municipality of Bogota to establish health brigades within 10 days upon the notification from this ruling to provide adequate medical treatment for temporarily detained persons in all penitentiary centers of the capital. Apart from this, the municipality was also ordered to report from the operation of health brigades to the public health authorities to ensure the effective implementation of this obligation. | https://www.covid19litigation.org/news/2023/10/colombia-constitutional-courts-interlocutory-decision-address-unconstitutional | |||
| March 23. 2023. | decision no. T-042 | Constitutional Court of Colombia | Right to education; testing; rights of children | The Constitutional Court of Colombia ordered that the Government should monitor the impact of the Covid-19 pandemic on the education; adequate measures should be taken and a policy should be formulated to reduce the educational gaps caused by the unequal access to the online education. | Based on a tutela action, the Constitutional Court of Colombia ordered the Government to pay more attention to the impact of the Covid-19 pandemic on the educational system of Colombia. The Constitutional Court held that despite the significant detrimental effects, the Government implemented only less important measures for instance to distribute SIM-cards amongst the students. However, the lack of internet access and the unequal access to electronic devices lead to the increase of inequality amongst the students around Colombia. As a result, the Government was directed to monitor the impact of the Covid-19 pandemic on the educational system; and to establish a committee of experts to formulate a long-term policy to reduce the educational gaps in Colombia. | https://www.covid19litigation.org/news/2023/04/colombia-constitutional-court-ordered-government-address-impacts-caused-covid-19 | |||
| March 21. 2023. | Decision T-074-23 | Constitutional Court of Colombia | Right to work | The Constitutional Court of Colombia held the employer infringed the right to work of its employeee if the employee has not been reinstated in his workplace even if he met with all the necessary public health requirements. | A 46-years-old man who worked in an illumination company was forced to leave at home during the lockdown period, however, his salary was provided. Although the fact, that he submitted a certificate that he fulfils all the public health requirements, the employer denied to reinstate him in his workplace. The employee then turned to the judiciary, but the lower courts dismissed his claim for the protection of his right to work. These rulings were appealed before the Constitutional Court, which revised the case and provided the protection for the employee, who shall have been reinstated by his employer. The Constitutional Court held that forced leave may not be constitutional unless is not justified by public health concerns; the sentiments of employees to feel themselves as useful members of the society shall be also protected. | https://www.covid19litigation.org/case-index/colombia-constitutional-court-decision-t-074-23-2023-03-21 | |||
| September 26. 2022. | T337/2022. | Constitutional Court of Colombia | Vaccination; rights of disabled persons; discrimination; right to equality | The Constitutional Court of Colombia held that requiring the exhibition of a vaccination certificate to access a public service or location is discriminatory and disproportionate even during the public health emergency. | Three claimants approached the Constitutional Court of Colombia due to the alleged violation of their fundamental rights. A rehabilitation center was denied from a non-vaccinated person to visit her uncle in the center; moreover, the other two applicants was denied access to the building when they applied for a public position. The claimants held that these measures amounted to the violation of their right to equality, and also amounted to discrimination, while the rights of disabled persons were also concerned. The Constitutional Court considered that the vaccination requirement in a public service or building was disproportionate and discriminatory, therefore, this measure was unconstitutional. | https://www.corteconstitucional.gov.co/Relatoria/2022/T-337-22.htm | https://www.covid19litigation.org/case-index/colombia-constitutional-court-t-3372022-2022-09-26 | ||
| 26. 05. 2022 | T-182/2022 | Constitutional Court | Labor law | Claim upheld | The Claimant was a doctor working in a private hospital, under contract until 20 February 2020. However, due to pandemic COVID-19, he had to continue working until 2021. Despite the emergency, his employer did not pay him his salary and social benefits for most of his employment. The Claimant brought a protective action on behalf of his employer, alleging violation of his fundamental rights. The lower court rejected his protection. The Claimant appealed and the higher court granted the protection. The Constitutional Court considered that the COVID-19 pandemic created a particularly vulnerable situation for medical staff, given that their lives were put at risk in order to treat patients. Therefore, the Claimant's lack of salary and social benefits greatly aggravated his vulnerability, which affected his right to a standard of living. | https://www.covid19litigation.org/case-index/colombia-constitutional-court-t-1822022-2022-05-26 | |||
| 26. 04. 2022 | T-143/2022 | Constitutional Court | Data protection, Freedom of movement | Claim rejected | The Plaintiffs brought a protective action alleging infringement of their right to privacy and freedom of movement. The plaintiffs alleged that the authorities forced them to download and use CoronApp to enter airports and fly to other cities in Colombia. According to the Plaintiffs, the app's data policy allowed the authorities to collect personal data for purposes other than health matters, which violated their right to privacy. According to the Constitutional Court the infringement had ceased as the application was no longer mandatory. However, in its analysis of the merits of the case, it held that the authorities must respect the right to privacy and that any restriction on it must be exceptional and legitimate, even in a state of emergency. | https://www.corteconstitucional.gov.co/Relatoria/2022/T-143-22.htm | https://www.covid19litigation.org/case-index/colombia-constitutional-court-t-1432022-2022-04-26 | ||
| 29. 03. 2022 | T-114/2022 | Constitutional Court | Equality | Claim upheld | The Plaintiff brought a protective action against the National Civil Service Commission and the Libre University, alleging violation of his right to life, health and work. The Plaintiff was a civil servant and had to reapply to keep his job. The recruitment procedure required a knowledge test, but was postponed until June 2021 due to pandemic COVID-19. Before the exam, he was diagnosed with COVID-19 and was unable to take the exam. When he reported this situation to the authorities and asked for the date to be rescheduled, they said that the latter was not possible and that he would lose his job. Both lower courts upheld the protection and ordered the test to be rescheduled. The Court upheld this decision, pointing out that these authorities had violated the principle of equality, the Plaintiff's right to health and her right of access to public offices. As she had been diagnosed with COVID-19, she had to stay at home due to health regulations and was unable to attend the test. Therefore, by denying her the possibility of rescheduling, the authorities violated her rights. | https://www.corteconstitucional.gov.co/Relatoria/2022/T-114-22.htm | https://www.covid19litigation.org/case-index/colombia-constitutional-court-t-1142022-2022-03-29 | ||
| 18. 04. 2022 | T-128/2022 | Constitutional Court | Non-discrimination, Equality | Claim upheld | Organisations have filed a protective action against the local and national government. They alleged that their fundamental rights to equality, non-discrimination, cultural diversity, work and health had been violated. They claimed that the COVID-19 epidemic had hampered their work as midwives and impoverished them. Furthermore, they were not prioritised in the national vaccination plan against the virus and were not provided with medical equipment or formal training to deal with the virus. The lower Court denied every claim. The higher court granted the protection in relation to medical equipment and the ranking in the National Immunisation Plan. The Constitutional Court reviewed this decision. According to the Court, the authorities had violated the principles of equality and non-discrimination because the midwives were providing health services during the COVID-19 pandemic and therefore had to be considered as healthcare staff. | https://www.corteconstitucional.gov.co/Relatoria/2022/T-128-22.htm | https://www.covid19litigation.org/case-index/colombia-constitutional-court-t-1282022-2022-04-18 | ||
| 29. 03. 2022 | T-116/22 | Constitutional Court, Ninth Revision Chamber | Right to education, Equality | Claim rejected | Parents have filed an urgent action against a decision by the Ministry of Education. The decision refused to cover the tuition fees of a private school attended by their children. They claimed that their children's right to education and equality had been violated. They considered that the only school to which their children had access, given the distance from the public schools, was the private one they already attended. Additionally, they claimed that the enrollment assistance had already been provided to other children. Supreme Court found that in this case the education service had never been suspended and that judges could not decide how resources for the education sector were invested at local level. | https://www.covid19litigation.org/case-index/colombia-constitutional-court-ninth-revision-chamber-t-11622-2022-03-29 | |||
| 03. 02. 2022 | SU 032/2022 | Constitutional Court | Right to education | Claim upheld. | Several parents have filed individual protective actions on behalf of their children against the Department of Education, the local education authority and a public internet service provider. The parents claimed that their children's fundamental rights to equality, dignity and education have been violated. The Plaintiffs alleged that the authorities had a duty to ensure that their children had access to education during the COVID-19 epidemic. They also claimed that they did not have the financial resources to purchase the necessary equipment for distance learning and that their children were discriminated against. According to the Constitutional Court, the COVID-19 pandemic has caused serious disruption to children's education in terms of teaching techniques and access, particularly in impoverished communities. Similarly, it found that the emergency situation placed a particular obligation on the authorities to strengthen the protection of the right to education in the light of its economic burden. According to the Court, given the problems of effective access to education in Colombia, where many municipalities had no internet connection, including no mobile phone or computer, the authorities had to adapt to the emergency and ensure children's right to distance learning. | https://www.corteconstitucional.gov.co/relatoria/2022/SU032-22.htm | https://www.covid19litigation.org/case-index/colombia-constitutional-court-su-0322022-2022-02-03 | https://vlex.com.co/vid/907458507 | |
| 20. 01. 2022 | T-009/2022 | Constitutional Court | Prison law, Right to education, Remote education | Claim upheld. | A prisoner has filed a protective action against a prison for violation of his fundamental right to education. The Plaintiff had the opportunity to study a professional career remotely while in prison. However, due to pandemic COVID-19, this opportunity to study was suspended (when he was writing his thesis to graduate). The prisoner therefore asked the prison authorities for a computer and internet access to complete his work, but was refused. The Constitutional Court found that the authorities had violated the Plaintiff's fundamental rights to rehabilitation and education. According to the Court, the authorities unreasonably denied the Plaintiff those rights by failing to take alternative measures to ensure that he could complete his thesis. | https://www.corteconstitucional.gov.co/Relatoria/2022/T-009-22.htm | https://www.covid19litigation.org/case-index/colombia-constitutional-court-t-0092022-2022-01-20 | ||
| 22. 11. 2021 | Exp. T-8.117.497 | Constitutional Court | Human dignity | Claim upheld | The Plaintiff filed a protective action, claiming that the authorities had violated his fundamental rights. He received a monthly allowance from a government scheme for the elderly. The allowance was only available in the town where he lived. However, he argued that he had changed his place of residence for work reasons during the COVID-19 epidemic. As there were various national closures in place to reduce the spread of COVID-19, he was unable to collect the grant for several months. The Constitutional Court annulled the decision of the lower court and granted the protection. According to the Court the fundamental rights of the Plaintiff violated. The court found that the requirement to exhaust the normal means of protection was disproportionate, given that the Plaintiff lived in another city, was elderly and lived in poverty. | https://www.covid19litigation.org/case-index/colombia-constitutional-court-exp-t-8117497-2021-11-22 | |||
| 19. 10. 2021 | No. 358/2021 (reg no. T-8.181.237 and T-8.197.176) | Constitutional Court | Right to dignity, Prison law | Claim upheld | Two people filed a tutela action for their rights to free development of personality, dignity and family unity to be protected. The claim is based on the fact that their right to intimate visits in prisons has been suspended for more than nine months due to the COVID-19 epidemic and the restrictions adopted. The Constitutional Court found that the suspension of the Plaintiff's visiting rights was reasonable (due to the Covid-19 pandemic), but not proportionate. The Court therefore upheld the Plaintiffs' claim and ordered the prison authorities and the Ministry of Justice to take all necessary measures to ensure the right to safe visiting in prisons. | https://www.covid19litigation.org/case-index/colombia-constitutional-court-no-3582021-reg-no-t-8181237-and-t-8197176-2021-10-19 | |||
| 17. 09. 2021 | Judgment T 318/21 | Constitutional Court | Ethnic diversity, Right to family life | Claim upheld | The petitioner was the legal representative of an association of indigenous councils. The Defendant was the Mayor, the Secretary of Health and the Public Hospital of the municipality. The Petitioner filed a tutela action. He argued the violation of the rights to file a claim before the authorities, the indigenous people’s rights to ethnic and cultural diversity, autonomy, identity, human dignity, self-determination and to mourn through the refusal of the authorities to hand over the dead body of an indigenous authority. The Court accepted the claims with respect to the protection of the fundamental rights to ethnic diversity of the indigenous community. The Constitutional Court accepted the petitioners' claims and upheld the tutela judgment under review as regards the protection of fundamental rights to ethnic diversity, ethnic and cultural identity and the freedom of religion of the indigenous community. | https://www.covid19litigation.org/case-index/colombia-constitutional-court-judgment-t-31821-2021-09-17 | |||
| 30. 06. 2021 | Decision T-206/21 | Constitutional Court | Right to education | Claim upheld | The Plaintiff, acting on behalf of his minor grandchildren and elderly mother, brought a tutela action against a company. This company has refused to connect electricity to her home since 2017. During the Covid-19 pandemic, because of quarantine and the need to study from home, she set up an unauthorised connection, which the company disconnected. So the Plaintiff brought a tutela action because she believed that her family's rights to decent housing, communication and education had been violated. The Constitutional Court has ruled that decent housing is a fundamental right directly linked to human dignity. The Constitutional Court found that the Plaintiff's rights had indeed been violated and ordered the company to provide energy service to the Plaintiff. | https://www.corteconstitucional.gov.co/relatoria/2021/T-206-21.htm | https://www.csjn.gov.ar/dbre/verNoticia.do?idNoticia=5226; https://bj.scjn.gob.mx/busqueda?q=%22Licencias%20urban%C3%ADsticas%22&page=1 | https://www.covid19litigation.org/case-index/colombia-constitutional-court-decision-t-20621-2021-06-30 | |
| 18. 06. 2021 | Sentencia T-195/21 | Constitutional Court | Right to health | Claim partially upheld | The Plaintiff, who was elderly and suffered from several illnesses, was prescribed permanent and compulsory medication and medical aids. The Plaintiff started receiving medicines and care in the city of his residence. However, the health care provider stopped delivering the medicines and supplies needed for the Plaintiff's treatment to the town where the Plaintiff lived, citing high costs, and asked him to pick them up in another town two hours away. The Plaintiff requested his health care provider to transport the medicines and supplies to his city of residence because of his health condition and the risk of COVID-19 infection. No response was received. After the tutela was submitted, the health care provider allowed some of the medicines, those that do not require an official authorisation, to be transported to the city where the Plaintiff lives. As regards the remainder of the medicines, the Constitutional Court found that the healthcare provider had acted in breach of the COVID-19 rules by imposing an unnecessary and disproportionate burden on the Plaintiff, in particular by requiring him to travel to another city. The Court has found that the right to health of the Applicant was violated, due to the high risk to his life of eventually being deprived of the daily intake of the prescribed medications. | https://www.corteconstitucional.gov.co/Relatoria/2021/T-195-21.htm | https://www.covid19litigation.org/case-index/colombia-constitutional-court-sentencia-t-19521-2021-06-18 | ||
| 29. 04. 2021 | Decision n. T-114/2021 | Constitutional Court | Health law, Prison law | Claim upheld | The Plaintiff filed a tutela against prisons because of the violation of his fundamental rights to personal and family privacy and to live with dignity. He claimed that the Defendants did not guarantee for him frequent virtual family visitation. The Court upheld this claim. The Constitutional Court found that to ensure a fair trial, respect for human dignity and international standards, the Ministry of Justice should put in place mechanisms to mitigate the weakening of the family unit and guarantee that prisoners can receive visits from and communicate with family and friends, in compliance with previously established security and disciplinary rules. | https://www.corteconstitucional.gov.co/Relatoria/2021/T-114-21.htm | https://www.covid19litigation.org/case-index/colombia-constitutional-court-decision-n-t-1142021-2021-04-29 | ||
| 09. 04. 2021 | Decision T-088/2021 | Constitutional Court | Homeless people, Economic asistance, Right to health, Human dignity | Claim upheld | The plaintiffs were homeless and lived with poor conditions. They asked for shelter in a public institution, but were denied entry and assistance. They filed individually protective actions (tutela) because of the violation of their fundamental rights to dignity, health. The Court found that the rights of the plaintiffs were violated. The Constitutional Court found that the authorities had violated the Plaintiffs' rights and ordered the municipality to ensure that the plaintiffs were included in the grant programme. According to the Court, the authorities had a special duty towards homeless people to promote measures to combat their exclusion, given their particular vulnerability. This meant that the authorities had to design and implement social services that would protect their health and ensure their equal treatment. | https://www.covid19litigation.org/case-index/colombia-constitutional-court-decision-t-0882021-2021-04-09 | |||
| 05. 04. 2021 | Sentencia T-128/22 | Constitutional Court of Colombia | Equality, Non-discrimination, Ethnic diversity | Claim upheld | The claimants are several organizations of midwives, characterized by their ancestral knowledge, Afro-descendants, and advanced age. The associations claimed that the authorities had violated their fundamental rights to equality and non-discrimination, protection of the nation's ethnic and cultural diversity, work, minimum living standards and health. Because the authorities have taken no action despite the declaration of a national health emergency due to the spread of COVID-19 and the imposition of restrictions on a number of public activities. According to the Constitutional Court, by failing to prioritize midwives in the National Vaccination Plan against COVID-19 and by excluding them from the economic aid regime, the authorities violated their fundamental rights to health, equality, non-discrimination, and ethnic diversity. | https://www.corteconstitucional.gov.co/Relatoria/2022/T-128-22.htm | https://www.covid19litigation.org/news/2022/06/colombia-failure-prioritize-midwives-vaccination-plan-against-covid-19-violates-their | ||
| 24. 09. 2020 | C-420/20 | Constitutional Court | Non-discrimination | Automatic control of constitutionality/Claim upheld | The President has issued a legislative decree adopting measures to promote the use of information and communication technologies in judicial procedures, to simplify judicial procedures and to provide greater flexibility for users of justice. The Constitutional Court conducts the automatic control of constitutionality, with erga omnes effects. The Constitutional Court found that this Decree meets the tests of integrity and coherence, since it implements provisional measures directly aimed at eliminating the causes of the disruption and preventing its effects from worsening, in particular in the area of the provision of essential services of justice. The measures in the Decree are directly aimed at preventing the spread of COVID-19 by users and officials of the justice system and at alleviating the aggravation of the judicial congestion caused by the epidemic. | https://www.corteconstitucional.gov.co/relatoria/2020/C-420-20.htm | https://www.covid19litigation.org/case-index/colombia-constitutional-court-c-42020-2020-09-24 | ||
| 09. 09. 2020 | C-395/20 | Constitutional Court | Prison law, Right to health, Labor law | Automatic control of constitutionality/Claim upheld | The President has issued a legislative decree laying down measures for the conversion, extension or modification of buildings intended to be used as temporary detention centres run by the territorial units. The Court conducted an automatic constitutional review and stressed the urgent need to work on the adaptation, extension and conversion of the temporary detention centres, on the basis of the principles of administrative efficiency and speed, in order to guarantee minimum conditions of hygiene, sanitation and accommodation. Authorisation procedures can cause delays and extensions. | https://www.corteconstitucional.gov.co/relatoria/2020/C-395-20.htm | https://www.covid19litigation.org/case-index/colombia-constitutional-court-c-39520-2020-09-09 | ||
| 26. 08. 2020 | No. C-352 | Constitutional Court | Freedom of expression, Right to information | Automatic control of constitutionality/Claim upheld | The national government has issued a decree setting out measures aimed at providing public support to certain media operators during the pandemic. The measures included, for example, the suspension of the licensing obligation for certain television and radio telephone services and public funding for media services during the pandemic. According to the Constitutional Court, these measures were in line with the Colombian Constitution as they were an appropriate response to the crisis caused by the Covid-19 pandemic. | https://www.corteconstitucional.gov.co/relatoria/2020/C-352-20.htm | https://www.covid19litigation.org/case-index/colombia-constitutional-court-no-c-352-2020-08-26 | ||
| 13. 08. 2020 | Decision C-311/2020 | Constitutional Court | Labor law | Automatic control of constitutionality/Claim upheld | In Colombia the President issued a legislative Decree to introduce measures that would guarantee access to connectivity services. The measures provided for employers to temporarily pay a digital connection allowance to workers instead of a transport allowance. The regulation also indicated that this measure does not apply to those who have a telework contract, which is subject to separate rules. This legislative Decree has been referred to the Constitutional Court for constitutional review. The Constitutional Court found that the legislative Decree was constitutional. The Court proposed an amendment to the original text stating that the measure would remain in force for the duration of the health emergency. In this respect, the Court considered that the validity of the Decree should be extended more widely and held that the measures could be extended beyond the health emergency where it is necessary to ensure continuity of home working in order to control the spread of COVID-19. | https://www.corteconstitucional.gov.co/relatoria/2020/C-311-20.htm | https://www.covid19litigation.org/case-index/colombia-constitutional-court-decision-c-3112020-2020-08-13 | ||
| 03. 08. 2020 | No. T-282/2020 (Expediente T-7.314.613) | Constitutional Court | Right to life, Drinking water service | Claim upheld | The Plaintiff was denied a drinking water-service connection to her house by the Municipal/ District Enterprise of Aqueduct and Sewerage. The Plaintiff therefore requested the protection of her and her family's fundamental rights to equality, housing in decent conditions and access to drinking water, in particular the protection of the rights of her minor daughter as a person under special constitutional protection. The company claimed that the Plaintiff's application lacked (a) a document issued by the environmental unit recording the approval for drainage of the property; and (b) a building permit for new plots or houses. The company argued that these circumstances prevented the provision of drinking water services in accordance with the law. The decisions at first and second instance dismissed the application on the ground that the Plaintiff had not complied with the requirements for connection to the drinking water supply. According to the Constitutional Court, the specific circumstances of the epidemic required a more flexible analysis of the question in order to avoid irreparable damage to the Plaintiff. The exceptional conditions of the pandemic lead to temporary protection of the right to drinking water and to the dignified life of the plaintiff and her family in order to avoid irremediable damage. However, the Plaintiff still had to comply with the relevant administrative procedures in order to obtain a connection to the drinking water supply in her home. | https://www.corteconstitucional.gov.co/relatoria/2020/T-282-20.htm | https://www.covid19litigation.org/case-index/colombia-constitutional-court-no-t-2822020-expediente-t-7314613-2020-08-03 | ||
| 28. 06. 2020 | C-154/2020 | Constitutional Court | Health law | Automatic control of constitutionality/Claim partially upheld | The Constitutional Court examined the constitutionality of Decree 441 2020, in which it ordered reinstallation or temporary reconnection to residential subscribers of the water service that had been suspended, in addition to other actions to guarantee the drinking water supply during the emergency caused by COVID-19. The Court found that the Decree was constitutional. Nevertheless, the Court declared unconstitutional the phrase “with the exception of those who were suspended for fraud in connection or service”. In addition, the Court declared the phrase without charging a fee to be conditionally constitutional, with the interpretation that this rule does not apply to subscribers who have been suspended for connection or service fraud. | https://www.corteconstitucional.gov.co/relatoria/2020/C-154-20.htm | https://www.covid19litigation.org/case-index/colombia-constitutional-court-c-1542020-2020-06-28 | ||
| 25. 06. 2020 | No. C-204/2020 | Constitutional Court | Labor law | Automatic control of constitutionality/Claim upheld | The Constitutional Court has ruled on the constitutionality of a Decree imposing transitional measures in the field of culture under a state of emergency. According to the Court, the preventive mandatory seclusion included the closure of all venues where artists, creators and cultural leaders usually perform in public, which severely restricted their income. The Court concluded that the Legislative Decree was constitutional. | https://www.corteconstitucional.gov.co/relatoria/2020/C-204-20.htm | https://www.covid19litigation.org/case-index/colombia-constitutional-court-no-c-2042020-2020-06-25 | ||
| 25. 06. 2020 | No. C-203/2020 | Constitutional Court | Utilities | Automatic control of constitutionality/Claim upheld | The Constitutional Court has declared a Decree to be constitutional which dictated measures concerning public services for water supply, sanitation and toilets in the context of a state of emergency declared due to the spread of the coronavirus. In view of the fact that the conditions of isolation restricted economic activity and jeopardised the ability of some users to pay and meet their obligations, the Constitutional Court allowed the creation of strategies for financial relief and, likewise, to ensure the financial stability of these public utilities, even without the timely payment of users. The Court concluded the Legislative Decree was constitutional. | https://www.corteconstitucional.gov.co/relatoria/2020/C-203-20.htm | https://www.covid19litigation.org/case-index/colombia-constitutional-court-no-c-2032020-2020-06-25 |
https://www.suin-juriscol.gov.co/viewDocument.asp?ruta=Decretos/30039031; https://bu.com.co/es/insights/noticias/decreto-528-de-2020; https://www.alcaldiabogota.gov.co/sisjur/normas/Norma1.jsp?i=91908; https://www.corteconstitucional.gov.co/noticia.php?Es-constitucional-el-decreto-por-el-cual-se-dictan-medidas-para-los-servicios-p%C3%BAblicos-de-acueducto,-alcantarillado-y-aseo-por-el-COVID-19-8938; https://www.prensajuridica.com/details/item/244-corte-constitucional-declar%C3%B3-exequibles-medidas-adoptadas-para-garantizar-la-prestaci%C3%B3n-de-servicios-p%C3%BAblicos-de-acueducto,-alcantarillado-y-aseo-durante-emergencia-del-covid-19.html |
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| 25. 06. 2020 | No. C-202/2020 | Constitutional Court | Tax law | Automatic control of constitutionality/Claim upheld | A Legislative Decree was referred to the Constitutional Court for an automatic review of its constitutionality. This decree provided for tax relief for persons engaged in agricultural, livestock, fisheries, forestry, agro-industrial and rural activities. The measure has created tax relief on a temporary basis. It was intended to facilitate access for those engaged in agricultural, livestock, fisheries, forestry, agro-industrial and rural activities to resources that contribute to ensuring the availability of foodstuffs necessary for the population's subsistence. The Court concluded that the Legislative Decree was constitutional. The Constitutional Court has held that tax exemptions or benefits can be a useful tool for dealing with the economic effects of the phenomena which gave rise to the declaration of a state of emergency. | https://www.corteconstitucional.gov.co/relatoria/2020/C-202-20.htm | https://www.covid19litigation.org/case-index/colombia-constitutional-court-no-c-2022020-2020-06-25 |
https://acmineria.com.co/normativa/decreto-573-de-2020-fondo-agropecuario-de-garantias/; https://www.funcionpublica.gov.co/eva/gestornormativo/norma.php?i=113678; https://www.pmabogados.co/tributario/el-articulo-860-del-et-que-regia-antes-de-la-entrada-en-vigencia-del-articulo-18-de-la-ley-1430-de-2010-establecia-que-cuando-el-contribuyente-o-responsable-presente-solicitud-de-devolucion-debe-ir/?lang=en |
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| 25. 06. 2020 | No. 201 | Constitutional Court | Health law, Prison law, Right to access to justice | Automatic control of constitutionality/Claim partially upheld | The President of the Republic adopted a Legislative Decree entitled “special measures related to the Justice and legislation in matters of extradition”. This decree has been referred to the Constitutional Court for constitutional review. The Constitutional Court annulled the Decree in part. This is because the Decree does not meet the following mandatory requirements: absence of arbitrariness, absence of a concrete contradiction and proportionality. The Court found that, although the suspension of the conditions of extradition contributes to the country's compliance with requests for judicial cooperation from foreign authorities and prevents risks to the health of public officials, these benefits do not outweigh the costs to the rights of the persons requested to be extradited. | https://www.corteconstitucional.gov.co/relatoria/2020/C-201-20.htm | https://www.covid19litigation.org/case-index/colombia-constitutional-court-no-201-2020-06-25 |
https://www.funcionpublica.gov.co/eva/gestornormativo/norma.php?i=110334; http://repositoriodspace.unipamplona.edu.co/jspui/bitstream/20.500.12744/4056/1/Prada_2021_TG.pdf; https://www.bogotajuridica.gov.co/sisjur/normas/Norma1.jsp?i=99626&dt=S |
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| 24. 06. 2020 | No. C-197/2020 | Constitutional Court | Freedom of expression, Right to information | Automatic control of constitutionality/Claim upheld | The case concerned an automatic review of the constitutionality of a decree adopted under a state of emergency laying down measures to extend access to telecommunications. The country's president has issued a decree establishing tax incentives to guarantee the purchase of telecommunications goods and services. The Constitutional Court concluded that the Legislative Decree was constitutional. According to the court, the situation caused by the covid has reinforced the need for access to adequate telecommunications services. | https://www.corteconstitucional.gov.co/relatoria/2020/C-197-20.htm | https://www.covid19litigation.org/case-index/colombia-constitutional-court-no-c-1972020-2020-06-24 | ||
| 24. 06. 2020 | C-197/20 | Constitutional Court | Freedom of expression, Right to information | Automatic control of constitutionality/Claim upheld | The case concerned an automatic review of the constitutionality of a decree adopted under a state of emergency laying down measures to extend access to telecommunications. The country's president has issued a decree establishing tax incentives to guarantee the purchase of telecommunications goods and services. The Constitutional Court concluded that the Legislative Decree was constitutional. According to the court, the situation caused by the covid has reinforced the need for access to adequate telecommunications services. | https://globalfreedomofexpression.columbia.edu/cases/constitutionality-of-legislative-decree-540-of-2020/ | https://www.corteconstitucional.gov.co/relatoria/2020/C-197-20.htm | https://www.covid19litigation.org/case-index/colombia-constitutional-court-no-c-1972020-2020-06-24 | |
| 17. 06. 2020 | No. C-178/2020 | Constitutional Court | Vaccination, Right to life | Automatic control of constitutionality/Claim upheld | In response to Covid-19, the President issued a legislative decree to ensure that the most vulnerable households have access to basic necessities, medicines and medical supplies. This is because the prices of basic foodstuffs have started to rise and many people have lost their jobs. This Decree was referred to the Constitutional Court for constitutional review. The Constitutional Court concluded that the Legislative Decree was constitutional. | https://www.corteconstitucional.gov.co/relatoria/2020/C-178-20.htm |
https://www.funcionpublica.gov.co/eva/gestornormativo/norma.php?i=156061; https://www.cancilleria.gov.co/sites/default/files/Normograma/docs/pdf/decreto_0507_2020.pdf; https://repositorio.ucaldas.edu.co/bitstream/handle/ucaldas/18116/ManuelFelipe_GrisalesMesa_2022.pdf?sequence=1&isAllowed=y; https://www.dane.gov.co/index.php/en/estadisticas-por-tema/precios-y-costos/precios-de-venta-al-publico-de-articulos-de-primera-necesidad-pvpapn |
https://www.covid19litigation.org/case-index/colombia-corte-constitucional-no-c-1782020-2020-06-17 | |
| 17. 06. 2020 | C-184/20 | Constitutional Court | Media regulation | Automatic control of constitutionality | The Constitutional Court rendered an opinion on the constitutionality of a Legislative Decree signed by the President. This Decree was enacted under the powers derived from the previous declaration of the state of emergency in the context of the COVID-19 pandemic. Article 1, which provided for the reduction of the national screen quota during the State of Economic, Social and Ecological Emergency, was deemed unconstitutional. The national screen quota is an instrument that obliges broadcast television operators on national, regional and local channels to include national productions in their programming schedule at certain times and with fixed percentages. According to the Constitutional Court, the reduction of the national broadcasting quota may disproportionately affect the right to culture, as television is an essential public service which contributes to the development of culture. On these grounds, the Court declared Article 1 of Legislative Decree 516 of 2020 unconstitutional. | https://globalfreedomofexpression.columbia.edu/cases/constitutionality-of-legislative-decree-516-of-2020/ | https://www.corteconstitucional.gov.co/relatoria/2020/C-184-20.htm | ||
| 10. 06. 2020 | No. C-171/2020 | Constitutional Court | Labour law | Automatic control of constitutionality/Claim upheld | In a legislative decree, the President of Colombia has taken labour measures during the social and economic emergency imposed to deal with pandemic Covid-19. The Constitutional Court held that the exceptional measures adopted by the Decree to protect employment and to partially remedy the adverse effects of the pandemic on the normal development of labour activities in all sectors complied with the formal requirements and the requirements of validity of constitutional materials. The Court concluded that the Legislative Decree was constitutional. | https://www.corteconstitucional.gov.co/relatoria/2020/C-171-20.htm | https://www.funcionpublica.gov.co/eva/gestornormativo/norma.php?i=141708 | https://www.covid19litigation.org/case-index/colombia-constitutional-court-no-c-1712020-2020-06-10 | |
| 04. 06. 2020 | No. C-161/2020 | Constitutional Court | Right to education | Automatic control of constitutionality | To prevent the spread of Covid-19, the President of Colombia has issued a legislative decree. This decree established legal measures to protect the debtors of Icetex, a public institution that grants credits to students in Colombian or overseas undergraduate and graduate programmes. The purpose of the aid scheme was to provide financial relief to allow beneficiaries to meet their obligations under more flexible conditions and to preserve access to higher education. The Decree has been referred to the Constitutional Court for automatic review of its constitutionality. The Court concluded that the Legislative Decree was constitutional. The decree provided urgent and much-needed relief for Icetex education loan recipients whose ability to pay was reduced by the pandemic. However, the Constitutional Court found it disproportionate that, in the circumstances, students who had taken advantage of the grace period measure still had to pay interest. | https://www.corteconstitucional.gov.co/relatoria/2020/C-161-20.htm |
https://www.funcionpublica.gov.co/eva/gestornormativo/norma.php?i=141778; https://itagui.gov.co/uploads/entidad/documentos/ebeab-c-161-de-2020.pdf; https://www.redjurista.com/Compilaciones2018/BoletinRJ/boletin_20200727.html; https://vlex.com.co/tags/planes-de-amortizacion-2164056 |
https://www.covid19litigation.org/case-index/colombia-constitutional-court-no-c-1612020-2020-06-04 | |
| 03. 06. 2020 | C-157/20 | Constitutional Court | Freedom of movement, Scope of powers of public authorities | A Decree's main measure concerned the ban on passengers disembarking from flights arriving from abroad. Other measures concerned powers to refuse entry to foreigners, health obligations and sanctions. According to the Constitutional Court, the purpose of the investigation was to ensure that the national government properly respected the limits imposed on the exercise of the exceptional powers. The Constitutional Court held that the formal assessment must verify compliance with three basic requirements. The Constitutional Court reviewed ex officio the constitutionality of a legislative decree. The Court held that the legislative decree was constitutional. | https://www.corteconstitucional.gov.co/relatoria/2020/C-157-20.htm | https://www.covid19litigation.org/case-index/colombia-constitutional-court-colombia-c-15720-2020-06-03 | |||
