English

T-027 de 2017. Violence against women. 

 

The Court studies the decision made by the Family Curator (Comisario de Familia) of denying the request of precautionary measures made by the female permanent partner against her counter partner and father of her children. The Commissioner considered there were not enough proofs to affirm that the life or integrity of the complainant were at risk.

Given the existence of mutual aggression, the couple were advised to cease all acts of violence against each other. The commissioner ignored a Medical report by the Institute of Legal Medicine (Medicina Legal) that acknowledged a high level of risk to the integrity of the plaintiff. The judge that heard the case confirmed the decisions made by the curator.

The Constitutional Court’s analysis was based on the exceptional use of the Action of Protection (Acción de Tutela) to review judicial decisions, the absence of proof valuation and the systematical violence against women. The Court decided to revoke the decision of the Supreme Court and instead to protect the fundamental rights of the plaintiff.