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Rule of Law

Litigations

Intervention in the lawsuit against Articles 14 to 17 of the Anti-smoking Act (1335 of 2009).

Dejusticia intervenes to defend the constitutionality of Articles 14-17 of Act 1335 of 2009 (Anti-smoking act), which ban the advertisement of tobacco derivatives.
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Motion for legal protection due to a decree that restricts freedom of expression and access to information during presidential elections

The Center for the Study in Law, Justice and Society - Dejusticia, the Electoral Observation Mission - MOE, Media for Peace, the Association of Colombian Newspapers - Andiarios, and the Foundation for Press Freedom - FLIP interposed a motion for legal protection against the Interior and Justice Ministry for the issuance of the decree regulating public order during the first and second rounds of presidential elections, considering that some articles violated the freedom of expression and access to information. On May 24, 2010 the decree 1800 which "sets out regulations for the preservation of public order during the presidential elections" was issued. The decree, which is the same that has been used since the elections of 1994, restricts journalists freedom of expression and information on the day of presidential elections. These restrictions require the media to convey information relating to public order only when it has been confirmed by official sources. It also forbids the media to publish any information on the election results that is different to the one released by electoral authorities. Additionally, it orders the media to give priority to the messages issued by these authorities in the electoral process. After doing a legal review of these standards, the organizations find that the Ministry is violating the fundamental rights of journalists since it ignores the principle of non-censorship, makes unreasonable restrictions, and, moreover, is dealt with by a decree when the Constitution is clear in giving regulatory power to statutory laws.
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Intervention on the constitutionality of the re-election referendum

Intervention in challenge to the constitutionality of the re-election referendum. The intervention requests the Court to declare unconstitutional the law that calls for the aforementioned referendum.
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Nullity action against the administrative act through which the House of Representatives chose Dr. Volmar Perez as Ombudsman on August 19, 2008.

Dejusticia, the Human Corporation Regional Center for Human Rights and Gender Justice, the Women National Network, and the Antigone Corporation for Social Development, Human Rights and International Humanitarian Law, filed a nullity action against the administrative act through which the House of Representatives chose Dr. Volmar Perez as Ombudsman, arguing that the triad formed by the national government did not respect the law of equal participation of women (Law 581 of 2000) which requires that the lists of candidates for positions such as the Ombudsman include at least one woman.
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Intervention relating to conscientious objection to military service

The intervention was presented regarding conscientious objection as grounds for permanent exclusion for military service, and argues that article 27 of Law 48 of 1993 is unconstitutional.
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Intervention same-sex couples

Dejustica intertervened at the request of the Constitutional Court in order to opine regarding whether scientific evidence demonstrates that children are affected by growing up in families with same sex parents.
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Electoral Code

Public action of unconstitutionality against articles 10 and 102 in their entirety and partially against articles 12, 26, 32, 40, 47, 75, 79, 85, 101, 149 & 157 of Decree 2241 of 1986 (Colombian Electoral Code).
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Limits to Freedom of Expression: Patriotic Union

Dejusticia filed an amicus in the tutela action against Dr. Fabio Echeverri Correa, manager of the re-election campaign for Presidential Candidate Álvaro Uribe Vélez, for violating the fundamental rights of honor and good name, physical integrity and life.
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Respect for the Law of Quotas

Dejusticia challenges the election of Dr. Nilson Pinilla Pinilla as new Judge of the Constitutional Court, due to violations of the Quotas Law and the restriction on voting for Dr. Pinilla by judges Dr. Pinilla had appointed.
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