Writ for protection of constitutional rights of a minor with intellectual disabilities, against the state health agency (EPS), requesting integrated treatment through an institution specialized in cognitive disabilities; Right to health; right to education; inclusive education; right to equality and non-discrimination; treatment of individuals under special constitutional protection; children’s rights.
On February 4, 2011 the Constitutional Court issued decision T-051 to confirm the terms of decision T-974 regarding the state’s obligations related to inclusive education. Since this decision, Colombia became the 100th State to ratify the Convention on the Rights of Persons with Disabilities on 10 May 2011.
In this case the Constitutional Court resorted to international human rights law instruments to highlight the interrelationship between the rights to health and to education in order to protect the rights of persons with disabilities and to guarantee their effective enforcement across different scopes of protection. The Court acknowledged that in the case of cognitive disabilities effective measures should be implemented both in the health and education areas so as to adequately meet the needs of persons with disabilities.
Programa de Acción por la Igualdad y la Inclusión Social (PAIIS) of the Law School at Universidad de los Andes.