English

 T-025/04.   RIGHTS OF VICTIMS OF INTERNAL DISPLACEMENT

Summary:

In this decision, the Court accumulated 108 files of acciones de tutela  (interposed by 1150 households, all of them victims of internal displacement, with an average of 4 persons per family group and composed mainly by female heads of household, senior citizens and minor children, as well as some indigenous people), against multiple administrative authorities (among them the Network for Social Solidarity, Administrative Department of the Presidency of the Republic, Ministry of Finance and Public Credit, Ministry of Social Protection, Ministry of Agriculture and Ministry of Education), for considering that they were not fulfilling their mission to protect the population victim of internal displacement, and were not attending properly their requests related to access to a home, to a productive project, to health, to education and humanitarian assistance.

The Court concluded that according to the international obligations assumed by the State regarding human rights and the international humanitarian law, the minimum rights that should be ensured for the internally displaced population by the State consisted on: right to life, right to dignity and physical integrity, right to family and familiar unity, right to a minimum level of subsistence, right to health, right to be protected against discriminatory practices, right to education and right to be assisted in order to achieve financial self-sufficiency. In that order, this Tribunal declared the state of unconstitutional affairs regarding the internally displaced peoples, as they were entitled to those rights, but in many cases were not enjoying them.