Decision SU180/22 (regarding the rights of children)

This decision was issued by the Constitutional Court of Colombia on May 26, 2022. This case relates to the adoption of a child, which is a Venezuelan boy and a victim of the armed conflict. Due to the fact that the child held the status of an irregular migrant, the litigant warned that the child faced an imminent risk of ‘factual statelessness’ that would threaten the child’s rights. A summary of the Court’s decision notes:

In its decision, the Court took into account articles 44 and 100 of the Colombian Constitution on the principle of the best interest of the child and the prevalence of their rights, together with the rules of international law on the protection of unaccompanied or separated migrant minors. The Court then concluded that there is a duty of assistance and protection of children that should prevail over the application of legal requirements. In the view of the Court, maintaining legal barriers, even more so when the regulations for obtaining nationality by adoption allow for exceptional cases, reinforces the situation of discrimination against this population, particularly disproportionate and unreasonable in the case of a minor.[1]

[1] “2022 Global Review of Constitutional Law,” Maastricht University, October 30, 2023, p. 99, https://cris.maastrichtuniversity.nl/ws/portalfiles/portal/185438382/GRCL2023.pdf.