English

 T-595/02. Accessibility to the public transportation system

In this case, a citizen presented “acción de tutela” against Transmilenio S.A. for considering that the Company was violating his fundamental rights to free movement (article 26 of the Political Constitution); equality and accessibility. In the plaintiff’s opinion the company of transportation didn’t acknowledge the special attention that the State has to give to the disabled people (article 47 of the Political Constitution), specially by not adapting the buses of the system of transportation, in order to make them accessible for the handicapped.  The Constitutional Court considered that the public transportation service is an indispensable mean to guarantee the freedom of movement, especially in the cities. This Tribunal also concluded that the Constitution guarantees the access in equal conditions to the disabled people to the basic transportation system, in that order the Court protected the rights of the demanding part, and ordered Transmilenio S.A. to design and present a plan, in a two year term, orientated to guarantee the access of disabled people to the basic public transportation system.