Tutela action to protect the rights of displaced persons. Prolonged, repeated mass violation of rights caused by structural problem. The Government’s obligation to comply with constitutional and legal mandates, and to allocate enough resources to guarantee effective enjoyment of rights. Minimum rights of displaced people.
In June 2005, the Court concluded that, in spite of the efforts made and some progress accomplished, the unconstitutional state of things had not been overcome. The Court noted that agencies responsible for assisting the displaced had to work faster and more consistently towards the solution of the said state of things within a reasonable timeframe.
On the one hand, this decision is considered very important because it defines the Constitutional Court’s position about the rights of victims of forced internal displacement. On the other hand, the decision shows the role of the Court in the design of protection and assistance policies aimed at the displaced. Furthermore, the decision states that the State, regardless of the circumstances, cannot neglect the minimum rights of the displaced.
Claimants: Abel Antonio Jaramillo, Adela Polanía Montaño, Agripina María Nuñez et al. Defendants: La Red de Solidaridad Social, el Departamento Administrativo de la Presidencia de la República de Colombia, el Ministerio de Hacienda y Crédito Público de Colombia, el Ministerio de Protección Social de Colombia, el Ministerio de Agricultura de Colombia, el Ministerio de Educación de Colombia, el INURBE, el INCORA, el SENA, et al.
