English

DECISION T-023 /2018

ISSUE: RIGHT TO NATIONALITY AND TO REGISTRATION OF BIRTH FOR A MINOR BORN OUTSIDE THE COUNTRY

The petitioner, a Colombian citizen, acted on behalf of his daughter under the age of two who was born in Barquisimeto, a city in the state of Lara (Venezuela), and who has a serious illness. He states that the Civil Registry Office of Barranquilla violated the girl´s fundamental rights when it denied her late Civil Registration in Colombia, arguing that the birth registration was not duly apostilled by the competent authority of Venezuela. In this case, The Colombian Constitutional Court analyzes several legal issues: 1. The right to identity and nationality of children. 2. The right to juridical personality and to registration of birth. 3. The right to an administrative due process.

As a result of this analysis, the protection requested is granted and the Civil Registry Office of Barranquilla is ordered that according to the regulations issued by the President (Decree 356 of 2017) and the National Civil Registry (Circular Orders No. 052, 064 and 145 of 2017),   to register the birth of the minor, without the requirement of the apostille, provided that the petitioner appears with at least two witnesses who can testify this birth.