Ruling T-025, 2004 on Displaced Persons

Ruling T-025, 2004 on Displaced Persons
I. CASE
Ruling T-025, 2004

II. JURISDICTION
Third Review Chamber of the Colombian Constitutional Court
III. THEMATIC FOCUS
- Right to human dignity and housing
- Role of courts in determining state expenditures
- Culpability of State omissions
IV. NATURE & CONTEXT OF THE CASE
1. Procedural History
Approximately 108 tutela actions (claims of unconstitutionality) were filed with the
Constitutional Court by 1150 family groups, all of whom belonged to the internally displaced
population, with an average of 4 persons per family, and primarily composed of women, elderly
persons and minors, as well as a number of indigenous persons. Plaintiffs claim to lack access to
health care, resources to pursue an education, and lack of housing. Judges in lower courts denied
granting these tutelas for a variety of reasons, some of which include that plaintiffs failed to
follow proper procedures in filing and that “the tutela action was not created as a mechanism to
alter the order of State institutions, in regards to the internal distribution of their jurisdiction and
functions.” This appellate review court consolidated all of these previously denied actions.
2. Parties
Plaintiffs (described above) are persons who became victims of forced internal displacement due
to events related to Colombia’s internal armed conflict that took place within two years of this
action, versus numerous state municipal and departmental administrations.
3. Date
January 22, 2004
V. SUMMARY OF THE CASE
1. Background and summary of the facts

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