Litigation
Litigation
We present and follow up on our own cases before the high courts of Colombia and other countries (from Brazil and Peru to Kenya and India), selecting issues in coordination with our issue-based teams.
We intervene, make an appearanceĀ as an interested third party, or serve as amicus curiae in existing processes, either independently, in conjunction with similar organizations, or by invitation of the Court.
Internationally, we intervene in processes or cases beforeĀ the Inter-American Court and the Inter-American Commission on Human Rights and, where relevant, in foreign domestic cases that have an international impact.
Our Cases & Interventions
Colombia must obtain resources to guarantee the right to health of Venezuelan migrants: Constitutional Court
By Mauricio AlbarracĆn, Valentina Rozo, LucĆa RamĆrez BolĆvar, Silvia Ruiz, Rodrigo Uprimny Yepes, CĆ©sar RodrĆguez-Garavito (Retired in 2019) | Oct 25, 2018
The high court protected the right to health of two undocumented Venezuelans and requested the government to advance as "expeditiously and effectively as possible" towards the full realization of migrants' right to health, regardless of their immigration status. Dejusticia intervened in the case.
Dejusticia intervenes in defense of Venezuelan migrantsā right to health
By LucĆa RamĆrez BolĆvar, Mauricio AlbarracĆn, Rodrigo Uprimny Yepes, CĆ©sar RodrĆguez-Garavito (Retired in 2019), Valentina Rozo, Silvia Ruiz | Oct 18, 2018
The Constitutional Court invited Dejusticia to present their legal opinion on two cases concerning the right to health of people coming from Venezuela.
The long wait of the JEP ahead of the decisions of the Constitutional Court and Congress
By Dejusticia | Sep 26, 2017
In the last six months civil society organizations, such as Dejusticia, have called on both institutions to give free rein to the norms that consolidate the Special Jurisdiction for Peace.
Case of indigenous people of BojayĆ” who could not vote in the plebiscite is about to reach the Court
By Mauricio AlbarracĆn, Maryluz BarragĆ”n | Sep 14, 2017
Through a tutela, a group of EmberĆ” claimed their rights to political participation and equality, because their economic situation and how far they live made it impossible for them to move to endorse the Peace Agreement. Dejusticia, human rights organizations, and indigenous leaders asked the High Court to review the case.
The Constitutional Court has the last word to save the CiƩnaga Grande of Santa Marta
By CĆ©sar RodrĆguez-Garavito (Retired in 2019), Vivian Newman Pont, Mauricio AlbarracĆn, Diana RodrĆguez Franco, Helena DurĆ”n, Gabriela Eslava | Sep 11, 2017
The environmental crisis of this ecosystem led fishermen to pursue a legal battle that reached the High Court. In this intervention, we support their demand that environmental authorities take urgent measures to stop the disaster and thus, protect their rights to healthy environment, dignified life and work.
Gender focus in rural reform is important but insufficient
By Ana Jimena Bautista | Aug 25, 2017
The Gender-in-Peace Working Group -GPAZ, a group of which Dejusticia is a member, took part in the Public Hearing convened by the Constitutional Court, within the framework of the informal constitutional review of Decree 902 of 2017 "to facilitate the implementation of the Comprehensive Rural Reform contemplated in the Final Land Agreement, specifically the procedure for access and formalization and the Land Fund."
Rural reform decree to resolve historic debt with peasants
By CĆ©sar RodrĆguez-Garavito (Retired in 2019), Rodrigo Uprimny Yepes, Nelson Camilo SĆ”nchez LeĆ³n, Irina Alejandra Junieles Acosta, Gabriela Eslava, Ana Jimena Bautista, Maryluz BarragĆ”n | Aug 15, 2017
Terrible conditions in the countryside and lack of access to land are linked to the armed conflict. Point one of the Peace Agreement, which is under study by the Constitutional Court, addresses these issues. Dejusticia presented an intervention supporting most of its content.
The national government geographically isolated ChocĆ³
By Nelson Camilo SĆ”nchez LeĆ³n | Aug 11, 2017
We intervened to support a tutela that requires the government to pave the
QuibdĆ³-MedellĆn and QuibdĆ³-Pereira roads: a promise that has historically been unfulfilled.
Prison is not the only sanction in transitional justice mechanisms
By CĆ©sar RodrĆguez-Garavito (Retired in 2019) | Jul 26, 2017
CĆ©sar RodrĆguez defended that the Comprehensive System of Truth, Justice, Reparation and Guarantees of Non-Repetition is in line with the Constitution. Regarding penalties, he affirmed that international law discusses effective sanctions, not imprisonment.
The reform that gives stability and legal certainty to the Peace Agreement is constitutional
By CĆ©sar RodrĆguez Garavito (Se retirĆ³ en 2019), Rodrigo Uprimny Yepes, Diana Isabel GĆ¼iza GĆ³mez | Jul 26, 2017
Dejusticia defended the constitutionality of the Legislative Act that gives legal certainty to the Final Agreement, and stressed that its contents respond to fundamental rights and international humanitarian law norms.
The Constitution of 1991 is open to peace and the profound changes it requires
By Rodrigo Uprimny Yepes | Jul 25, 2017
What is the nature, scope and type of control that the Constitutional Court must exercise over the Legislative Acts issued to implement the Final Peace Agreement? Intervention by Rodrigo Uprimny before the High Court.
Dejusticia defended a decree that allows the Court to suspend terms of ordinary proceedings and focus on the implementation of peace
By CĆ©sar RodrĆguez-Garavito (Retired in 2019), Rodrigo Uprimny Yepes, Maryluz BarragĆ”n | Jul 25, 2017
Dejusticia defended the decree that allows the Constitutional Court to suspend ordinary processes to concentrate on the norms that implement the Peace Agreement, but emphasized that this interruption can not be undefined.