Corte Constitucional de Colombia

English

Protection for a girl victim of an antipersonnel mine.

The facts of the sentence were as follows: a 14-year-old girl who lived in the Municipality of Puerto Asis (Putumayo) was the victim of an anti-personnel mine explosion and lost her lower limbs. This situation generated a 79.2% loss of work capacity, according to an opinion issued by the "Junta Regional de Calificación de Invalidez de  Bogotá" on August 30/ 2013.

His father requested the payment of compensation for disability to the Fosyga Temporary Union, because it is a benefit that establishes the health system for victims of terrorist events in the framework of the internal armed conflict. Four years passed and the Fosyga Temporary Union imposed many obstacles to approve the compensation, for example it requested documents that had already been provided and indicated formal arguments to deny payment.

The Constitutional Court considered that the rights to dignity, the right to full reparation, the special constitutional protection of which the girl is the owner and the obligation to give her special treatment due to her manifestly weak situation were ignored. The Court estimated that unreasonable burdens were imposed on him that delayed effective access to his right to full reparation and his disability status was not taken into account.