T- 242 / 2018 . Family unity in the context of population density measures
The plaintiff interposed “acción de tutela” in order to request the Constitutional Judge the protection of her rights to work, due process, family unity, free circulation across the national territory and residence. The complainant indicated that even though she was born in the Department of Huila, she had been living in the Island of San Andrés for five years, where she shared roof with her partner and with whom she procreated two children, both of them minors. The 16th of February of 2017, the Director of the OCCRE (Office of Control, Circulation and Residence) ordered her expulsion from the Island, due to her lack of authorization to reside there. The petitioner considered that the order of expulsion proffered by the OCCRE violated not only her constitutional rights, but those of her family as well, especially the ones of her children. The Court studied the legitimacy of the complainant to promote the action and the legitimacy of the OCCRE to be demanded, the prerequisites of precedence of the suit, the constitutional framework and development of the jurisprudential protection to families, the right to familiar unity under the scope of the measures of population control in the Archipelago of San Andrés, Providencia and Santa Catalina, the control regime of the populations density in the island, the faculties given to the Congress by the article 310 of the Constitution to the Congress to restrict the rights to free circulation and residence. This Tribunal applied the exception of unconstitutionality to the 3rd article, literal a), of the Decree No. 2762 of 1991, because its effects generated the violation of the fundamental rights of the plaintiff, and also those of her family, therefore it was decided to leave without effects the Auto 0416 of 2011, that declared that the complainant was in a situation of irregularity and ordered her return to the last shipment harbor.
Other decisions. T-183 /2017 y T-371 /2017