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 appearance 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 before 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

Gobierno de Colombia debe gestionar recursos para garantizar el derecho a la salud de migrantes venezolanos: Corte Constitucional

Colombia must obtain resources to guarantee the right to health of Venezuelan migrants: Constitutional Court

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.
Venezuela

Dejusticia intervenes in defense of Venezuelan migrants’ right to health

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

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 Bojayá who could not vote in the plebiscite is about to reach the Court

Through a tutela, a group of Emberá 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 Ciénaga Grande of Santa Marta

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

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

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 Chocó

We intervened to support a tutela that requires the government to pave the Quibdó-Medellín and Quibdó-Pereira roads: a promise that has historically been unfulfilled.

Prison is not the only sanction in transitional justice mechanisms

César Rodríguez 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

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

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

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.
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