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RIGHTS

ABC LGBTIQ+ Rights

Find out about the legal developments most important achievements of the Colombian State in the area of rights of LGBTIQ+ people. This space seeks to provide a clear, accessible and up-to-date guide to help you understand how to exercise your rights in a practical and safe way. From access to health, education and gender identity, to legal recognition of diverse couples and families, here you will find reliable information to defend your dignity and demand a life free from discrimination.

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Family

Yes, since 2015, same-sex couples can adopt in Colombia without any restrictions based on their sexual orientation or gender identity. They must apply as adoptive parents under the same conditions as a heterosexual couple and go through the procedure established by the Colombian Institute of Family Welfare for the adoption of a child or adolescent.

The Code on Children and Adolescents provides for three types of adoption:

  1. Individual adoption is the option given to a person to adopt.
  2. Joint adoption is the power granted to single persons, spouses jointly and permanent partners who can prove that they have lived together for at least two years without interruption.
  3. Consenting adoption is the permission granted to the spouse or permanent partner of the biological parent of a child, provided that the couple can prove uninterrupted cohabitation of at least two years.

The Code does not establish the sex of "permanent partners" therefore the rule is neutral and should be interpreted equally.

The general requirements for adoption are:

  • To be fully capable.
  • Be 25 years of age or older.
  • Demonstrate sufficient physical, mental, moral and social suitability to provide a suitable and stable family for a child under 18 years of age.
  • Be at least 15 years older than the person to be adopted.
Yes, the code of childhood and adolescence in article 68 establishes that unmarried persons can adopt regardless of their sexual orientation. The Court established this in the case of Chandler Burr, a US citizen, who adopted two siblings and the ICBF subsequently attempted to revoke the adoption. It found that the ICBF violated the children's rights and that sexual orientation cannot be a criterion for denying or revoking an adoption. See judgment T-276 of 2012

Yes, article 68 of the Childhood and Adolescence Code states that the spouse or permanent partner may adopt their partner's child, as long as they can prove that they have lived together uninterruptedly for at least two (2) years. In the case of this type of adoption, it is not necessary that there be an age difference of 15 years between the minor and the adopter. Note: According to the Constitutional Court "when the administrative authority excludes the possibility of adoption by consent on the grounds of the homosexual nature of the requesting couple, it violates the rights of all of them to family autonomy and to have a family, inasmuch as it ignores, for no justifiable reason, the existence of a family arrangement in which the child has been adopted, the existence of a family arrangement in which the minor, by the will of his or her biological father or mother, shares life with the partner of the same sex, and in which a solid and stable bond is formed between them, on the basis of which the adult has assumed the obligations and duties associated with the filial bond"[1].

Generally speaking, adoption has two stages: 1. administrative and 2. judicial. The first stage is carried out before the Colombian Institute of Family Welfare -ICBF-, where the documents established by this entity are submitted (https://www.icbf.gov.co/bienestar/proteccion/programa-adopciones) and the verification of the rights of the child as well as the fulfilment of the legal requirements is carried out, ending with the declaration of adoptability of the minor. In the judicial stage, the application is processed before a family judge, who declares the adoption and orders the registration of the child with the information of the new father or mother. It is the judicial sentence that establishes the paternal-filial relationship.

This referendum proposal was shelved by Congress. In other words, the right of same-sex couples to adopt remains in force in Colombia without any restrictions.

In this case it is important that you have the details of the person who attended you, the date and the reasons given for not receiving or processing your application. With this information you can file a complaint with the Procuraduría, additionally if the refusal has been given to you by means of a resolution you can file the legal appeals. If you are in a situation of being denied your right because of your sexual orientation, you can contact us at consultasjuridicas@colombiadiversa.org for advice.

Adoption and the existing figure in Colombia for registering the children of same-sex couples with the data of both parents apply to different cases: Adoption: This is the case when a person outside the couple who decided to have a child wishes to be linked as a parent to the child. An example of this situation is when a person with a child from a previous relationship forms a family with another person who establishes a parental relationship with his or her child. In this case, if the new person wants to establish a legal bond with his or her partner's child, he or she must go through an adoption procedure. Civil registration of children: is the name given to the registration of the birth of a child by both parents. It applies when the birth of the child is the result of a joint decision of the same-sex couple to undergo assisted reproductive treatment. In other words, the birth of a child can only be directly included in the civil registry of birth of a child to both parents when the child is born to a married or unmarried couple who both decided to have the child and to undergo assisted reproductive treatment.

It is not a question of a better option, but of the cases in which one or the other procedure applies, as it is not possible to replace adoption with another procedure. See the question "What is the difference between adoption and civil registration of children?

Reporting family composition is not an employment obligation, unless there are company policies on family ties. But if you want your partner, sons and daughters to enjoy the social welfare benefits offered by your company, as well as maternity, paternity or bereavement leave, and for your family to have the status of beneficiaries in health and in the family compensation fund, your employer will need to know the information of your spouse, permanent partner, your sons and daughters, as well as your dependants, for example, your partner's sons or daughters living with you.

There are legal leaves to which everyone is entitled regardless of their sexual orientation, as they guarantee the rights of children to have both parents: - parental leave, - parental leave, - parental leave, - parental leave, - parental leave, - parental leave, - parental leave, - parental leave, - parental leave, - parental leave, - parental leave, - parental leave. "motherhood". It is granted to all pregnant women and can be taken a few weeks before or after childbirth for a period of 18 weeks. It also applies to the partner when he/she is left in charge of the child without the support of the person who gave birth. The birth certificate must be presented within the following month. - Leave for "paternity".. The partners of persons who have given birth are entitled to this leave, so that they can also enjoy the arrival of their child, which lasts for 8 working days. Note: In the case of adoption, "maternity" and "paternity" leave apply in the same way and for the same period of time. Counted from the official handing over of the adopted child (Law 1822 of 2017).

Yes, this leave is the right to share 5 days with your family in the event of the death of your spouse, permanent partner, parents, grandparents, brothers, sisters, sons, daughters, grandchildren, grandchildren, parents-in-law or mothers-in-law.

NO worker may be dismissed on the grounds of pregnancy or breastfeeding. This protection is extended to their partner in the event that he/she is the only one who has an employment relationship. Irrespective of the link between them or the sex of the partner[1]. Note: Additionally, in the case of benefits not contemplated in the law that are granted by the employer or contractor, they must be applied equally to diverse families. For example, in case of marriage, although there is no legal leave, it is possible to apply for temporary paid or unpaid leave with the employer, but if the employer or contractor usually gives special leave for this, it should apply equally in the case of same-sex couples.

The fact that your employer or contractor knows about your or your family member's sexual orientation or gender identity does NOT give you the right to make it public or to inform anyone about it, without your consent. Abusing the information that becomes known about the private lives of the people you work with constitutes EMPLOYMENT HARASSMENT. [1] Constitutional Court ruling C-005 of 2017

If you need more information, if you cannot find an answer to the situation you are in, or if you have already taken any of these steps, please write to us at consultasjuridicas@colombiadiversa.org

In order to claim custody of a child, the basic document is the birth certificate, in addition to which documents or witnesses must be presented to prove your suitability to take care of your child. Additionally, before the Family Court it is necessary to present a non-conciliation agreement on child custody issued by the entity before which an attempt was made to reach an agreement in relation to custody.

Article 23 of the Childhood and Adolescence Code refers to the custody and personal care of minors as a right of children and an obligation of parents or legal representatives, which translates into the office or function through which parents have the power to raise, educate, guide, lead, form habits, direct and discipline the conduct of their children.

While custody can be reconciled and assigned to one of the parents or close relatives when they are not suitable to take care of their children, parental authority cannot. Parental authority is inalienable, imprescriptible and non-transferable, as parents cannot withdraw from the fulfilment of their obligations towards their children, unless parental authority is restricted or interrupted only by a court decision or when a child is given up for adoption. Parental authority is the set of rights that the law recognises to parents over their unemancipated children, in order to protect them without depending on the existence or not of a marital relationship between them. The rights that comprise parental authority refer to: (i) the usufruct of the child's property, (ii) the administration of that property, and (iii) the judicial and extrajudicial representation of the child, (iv) and in relation to the person of the child refer to the right of guardianship, direction and correction of the child.

No. The basis for denying custody or depriving a person of parental authority cannot be his or her sexual orientation. In order to define to whom the custody and personal care of a child is given when it has not been possible to reach an agreement between the parents, the ICBF or the judge must consider the best interests of the child, depending on his/her age, listen to his/her opinion and his/her family, economic, social, psychological and cultural situation, in order to determine the most responsible and suitable parent to assume such an obligation. For the deprivation of parental authority, one of the grounds established by law must be invoked (article 315 C.C.), among which sexual orientation is not included: 1) For mistreatment of the child. 2) For having abandoned the child. 3) For depravity that renders them incapable of exercising parental authority. 4) For having been sentenced to deprivation of liberty for more than one year. 5) When the adolescent has been punished for the crimes of intentional homicide, kidnapping, extortion in all its forms and aggravated crimes against freedom, integrity and sexual education and it is proven that the parents favoured these conducts without prejudice to their criminal liability. In judgment T-252 of 2016, the Constitutional Court stated that it violates the Constitution to approve conditions that limit or prevent a person from carrying out a life project together, as would be the case of preventing a mother or father from having a same-sex partner in order to share with their children.

You can go to the ICBF in the place where the child lives or to a Conciliation Centre. Bearing in mind that as the ICBF is the authority in charge of regulating the custody and personal care of a minor, if it is not possible for the parties to reach an agreement, the family ombudsman (of the ICBF) will provisionally define custody (while the parties go to court). Exceptionally, in cases of domestic violence, the Family Commissioner's Office can be approached to provisionally determine custody in a process of imposing a protection measure. Finally, if an agreement is not possible, custody can be claimed through the courts before a family judge.

In this case you can go to the ICBF to have custody or visitation defined. According to the Constitutional Court "each of the parents has the right to maintain a stable and unconditional relationship with their children; and also has the right to develop their affective relationship as they see fit, as long as it does not harm the prevailing interests of the child. For this reason, each of the spouses must respect the image of the other in front of their children, and must not take advantage of their privileged situation, in relation to the one who does not have custody of the child, to degrade and belittle them, forgetting that their function is to seek the integral development of the children" (Sentence T-500/93).

This is the way to refer to civil marriage between same-sex or transgender people. It is called egalitarian to emphasise that it is the same marriage that exists for heterosexual couples and therefore the same procedure must be applied and the same requirements must be applied.
Yes, couples consisting of two men, two women, a trans man and a trans woman, a trans woman and a trans man, or two trans people can get married in a civil marriage just as a couple consisting of a man and a woman can[1].

Equal marriage (same-sex couples)

To get married in Colombia you must first be Colombian or a foreigner who has been resident in the country for more than 6 months[2] and then present your application to a notary's office or municipal civil court[3]:

  • An application for marriage stating:
  • The full names of the persons making up the couple
  • The couple's identity documents
  • Place of birth
  • Age
  • Occupation
  • Domicile or place of residence of the contracting parties
  • Indicate whether you have children of legal age or minors.
  • Affirm that they are not legally prevented from getting married
  • That it is his free and spontaneous will to do so

The application must be signed by both members of the couple (lesbian or gay) and in case one of the two persons is unable to be present, they can leave the power of attorney to another person to sign the application for them or even to express their consent on the day of the marriage for them (this is known as marriage by proxy).

  • Authentic copy of the civil registry of birth of the contracting parties, not older than 3 months, with a note that it is valid for marriage or as proof of civil registration.

If one or both persons are foreign nationals, the civil registration must be apostilled  or legalised[4], and additionally, a certificate of unmarried status issued by the authority indicated by each country is required.

If these documents are in a language other than Spanish, they must be translated and cannot be valid for more than 3 months[5].

Please note that all documents issued abroad must be apostilled or legalised in the country of issue in order to be valid in Colombia.

  • Photocopy of citizenship card and/or identification document (passport in the case of foreigners).
  • In the case of the existence of children, the civil registry of their birth must be provided, and if they are minors, a solemn inventory of assets must be drawn up beforehand.

The inventory of assets is a simple procedure that can be carried out at the notary's office where the marriage is to take place or through a court. It consists of appointing a lawyer to represent the interests of the minors and to sign the public deed of inventory of assets on their behalf. It must be done whenever there are minors, whether or not they have assets in their name, and before the marriage.

The civil marriage is an act that couples can do directly, there is no need for a lawyer or attorney to represent them.

 

If you are lesbian, gay, bisexual or transgender and have problems getting married, please contact consultasjuridicas@colombiadiversa.org.

The civil marriage can be performed in a notary's office or in a municipal civil court. In both cases it has the same legal value and recognition.

Differences in civil marriage
Notary Municipal Civil Court
Cost The notary's office charges for its services. Court proceedings are free of charge.
Weather The time it takes to perform the marriage is usually short. On average no more than 20 days. This varies depending on the agenda of the notary or notary public and the date on which the marriage is to be performed. The time it takes to perform the marriage can range from one month or more depending on the workload of the court.
Place It can be done at the notary's office or outside (this affects the cost of the marriage). It takes place in the judicial office.
Civil registration of marriage It is carried out by the Notary's office itself. After the marriage is celebrated, it is necessary to go to a notary's office or registry office to register the marriage.
Time of year Any day or date of the year is possible as long as the date has been booked in advance. It is not possible at the end or beginning of the year or at Easter, as the courts are in judicial vacancy.

If they tell them that same-sex marriage does not exist, that it is not possible to register their marriage because they do not have the form, they offer them a different form of marriage or ask for more requirements, among others.

  • In the case of a notary's office: you can change notary's office, file a right of petition for a written response, file a complaint with the Superintendence of Notaries and Registry[6].
  • In the case of a court of law, you can lodge an appeal against the court's decision. In this case, it is advisable to seek legal advice.

After the ruling[7] of the Constitutional Court in 2016, it became clear that all notary's offices and municipal civil courts are obliged to perform civil marriages for couples who so request, regardless of the sex of their partners. However, we still know of some notary's offices that have difficulties in performing the marriage, so we suggest you contact us to learn about their experience and check if we know of any notary's offices in your city that have performed marriages between same-sex couples.

Being united or joined to a person through marriage, allows for:

  • the partner is a health beneficiary
  • in the event of the death of one of the partners, the surviving partner is entitled to receive the pension of the deceased.
  • children born in wedlock are presumed to be children of the couple.
  • the spouse inherits his or her partner in the event of his or her death, if he or she has left no children.
  • prove marital status without the need for witnesses or evidence in addition to the civil registration of marriage.
  • the couple is internationally recognised as a family.
  • property rights arise between the couple from the first day of marriage.
  • there is no obligation to report a crime committed by a partner.

Yes, the marriage between a Colombian and a foreigner can take place without any inconvenience. The only thing is that in the case of a foreigner, in addition to the civil registry of birth, a certificate of bachelorhood issued by the authority that certifies the civil status in the country of origin must be provided. It is also important to bear in mind that all documents issued abroad must be apostilled or legalised and, if they are in a language other than Spanish, an official translation must be provided. See question about requirements #3

In Colombia it is not possible to access residency as a first entry visa to the country, except for a person who is a parent of a Colombian national by birth or a person who has renounced Colombian nationality[8]. In the case of married couples or those in a common-law marriage, they can initially apply for a TP-10 visa[9] from the Ministry of Foreign Affairs, which is valid for three years and allows the foreigner to work. In the case of the foreign partner, after having held the TP-10 visa for 3 years, it is possible to apply for a resident visa. For more information on the requirements for each of the visas, we suggest you consult the website of the Ministry of Foreign Affairs. http://www.cancilleria.gov.co/tramites_servicios/visas

A person can marry from the age of 14. In the case of minors, it is necessary for them to have parental permission for the marriage. Permission must be given in writing by both parents. If a parent has no contact with one of the parents due to death, deprivation of parental authority, is out of the country or the place of residence is unknown, the permission of one of the parents is sufficient. If neither of the parents is available, the permission shall be given by the person exercising legal representation or whoever is appointed by the judge for this purpose (special guardian).

Yes, maintenance obligations also exist between same-sex couples and therefore enforcement actions such as criminal complaints for child support non-attendance and the setting of a maintenance quota are applicable to same-sex couples. Note: Between partners (in the case of marriage or de facto marital union), maintenance can be claimed when one of the partners does not have enough to live on and their partner does not contribute, regardless of whether they are united or in the process of separating.

  1. What should I do to demand my partner for maintenance?

The first action to be taken is to try to reach a conciliation to set a maintenance quota with your partner, after which, if conciliation is not possible, you can file a maintenance claim against your partner. Additionally, if you have already fixed a maintenance quota and your partner or ex-partner fails to pay the maintenance, you can initiate an executive process of maintenance and denounce him criminally for non-payment of maintenance.

  1. If we have a child who was not conceived but he/she decided to take over, can I sue him/her for maintenance?

If the child has your partner listed as the father or mother in the birth certificate, you can, on behalf of your child, apply for the establishment and payment of maintenance.

  1. If my fathers are divorced and one of us has to give me a monthly maintenance payment, but he refuses because I am an LGBT person, what can I do?

In such a case you can initiate an enforcement action to enforce the maintenance obligation of the person who is obliged to pay maintenance through the attachment of his or her income or property. Your sexual orientation or gender identity does not excuse either of your parents from fulfilling their obligations as parents.

If you need more information, if you cannot find an answer to the situation you are in, or if you have taken any of these steps, please send us an e-mail at consultasjuridicas@colombiadiversa.org

This is a monthly payment received by workers, whether dependent or self-employed, at the time of their retirement, in accordance with the contributions they have made during their working life to a Mandatory Pension Fund.

Yes, in Colombia, the Constitutional Court has recognised that in the case of same-sex partnershipswhen one of them dies, the surviving spouse is entitled to claim the pension to which the deceased was entitled or the contributions she had made if she did not meet the pension requirements.

The eligibility requirements for the deceased partner's pension are the same as for heterosexual couples:

  • Copy of the death certificate of the deceased.
  • Applicant's birth certificate or copy of baptismal certificate if born before 1938.
  • Copy of the identity card of the person requesting the pension increased to 150%.
  • Copy of the civil registry of marriage or of the declaration of the common-law marriage. In the case of not having declared their union, an extrajudicial declaration of the interested party and third parties can be presented in which they state that they have known of the cohabitation of the couple, clearly indicating the extremes of cohabitation (from - to) between the deceased and the spouse or partner.

Note: In order to receive the pension for life, it is necessary to prove that you have lived with your partner for the last 5 years and that you are over 30 years of age. In addition, if your partner did not receive a pension before your death, it is necessary to check the pension scheme that applied to you to verify whether or not you met the requirements for a pension.

In this case you can appeal against the decision of the pension fund denying you the right to a survivor's pension. In this case, it is advisable to consult a legal professional in order to prepare the appeal as quickly as possible. Please note that you have 10 days to file an appeal after you are informed of the denial. If the time limit for appealing the decision of the employee pension fund has already expired, you have the possibility to go to court, which requires the assistance of a lawyer.

Yes, the cohabitation in a common-law marriage- UMH can be proven by any means of evidence available to them, for example, through extrajudicial statements of third party witnesses to their relationship, photos, their affiliation as a beneficiary in the health services, that they have had children together, among others.

A prerequisite for receiving the pension of the deceased is to have lived together with the person for the last 5 years, so only if you have lived together for 5 years before the death you may be entitled to the pension. In addition, if your partner is still married at the time of death, both persons (spouse and permanent partner) may be entitled to the pension, provided that they are in one of the following situations:

  • Simultaneous cohabitation of the deceased with his spouse and one or more permanent partners, in which case the pension will be divided between them in proportion to the time of cohabitation with the deceased;
  • Simultaneous cohabitation of the deceased with two or more permanent partners is assimilated to the previous situation, so that the pension will be divided between them in proportion to the time of cohabitation with the deceased;
  • Cohabitation only with a permanent partner, but with a valid marital relationship, in which case the pension will be divided between them in proportion to the time of cohabitation with the deceased, provided that the spouse has lived for five years or more with the deceased at any time[1].

[1] Constitutional Court T-002 of 2015, T-090 of 2016, among others.

If you need more information, if you do not find an answer to the situation you are experiencing or if you have taken any of these steps, please contact us at consultasjuridicas@colombiadiversa.org.

Yes. Article 213 of the Civil Code states that: A child conceived during marriage or during a de facto marital union has as parents the spouses or permanent partners, unless proven otherwise in a paternity investigation or paternity contestation process. Therefore, children conceived by same-sex couples within their de facto marital union or marriage should be presumed to be children of the couple and therefore both fathers or mothers should be registered in the civil registry of birth.

These are two different situations. In the registration of dual maternal or paternal filiation, it is a child conceived in a same-sex family. This means that the pregnancy was the result of a joint decision of the couple. Adoption, on the other hand, applies in the case of a child that has been the product of a previous relationship, in which case, in order for the current couple to establish a bond with the child, they must go to the ICBF to carry out the joint adoption procedure, in accordance with the Constitutional Court's decision C-071 of 2015. In other words, the registration in the civil registry of birth of both mothers only applies to those children conceived within a couple who jointly decided to have that child, since otherwise it is not possible to apply the presumption of filiation.

No, the presumption applies to all children of same-sex couples whether or not they are registered. The only requirement is that the child must have been conceived within the de facto marital union or marriage by a joint decision of the couple.
To register the mother or father who does not appear in the civil registry of birth of your child, you can go to any Notary or Registrar's office in the country or abroad to the Colombian consulate. If the child has already been registered, it is not necessary to go to the same notary or registrar's office where the registration was initially made. Law 1395 of 2010 established that all acts, facts and orders that must be registered in the civil registry or that affect it, may be registered in any office authorised to carry out the civil registry function in the national territory or in the Colombian consulates abroad. However, our recommendation is to go to the Registraduría, as we have observed that there are fewer difficulties in accessing the registration of both mothers or fathers. Note: We invite you to share with us when you go to carry out this procedure, the authority you went to and what your experience was like by emailing familia@colombiadiversa.org. This is in order to know how the orders of the Constitutional Court are being applied.

The requirements for registration in the civil registry of birth of the second maternal or paternal filiation in the case of children of same-sex couples are as follows: If the civil registry of birth has not been carried out, the following must be submitted: - Certificate of live birth or declaration of 2 witnesses to the birth. - Copy of your identity documents, stating under oath that the child was born into your common-law marriage or marital union. If you already have a birth certificate that lists only one parent: - Indication of the child's birth registration number. - Copy of your identity documents, indicating under oath that the child was born into your common-law marriage or marital union.

NO. The only documents they may request are those listed above and they may not use the need for greater certainty as a justification for additional requirements. Any differentiation in the procedure or requirements, according to the Constitutional Court, a registration procedure must be carried out in a simple manner; otherwise it would affect the best interests of the child, his or her right to nationality, personality, and to have a family.

The surnames will be in the order chosen by the mother or father couple. In accordance with Circular 024 of 2016 of the National Civil Registry Office, the official in charge of the Civil Registry must ask the mothers or fathers the order in which they prefer the surnames to be registered.

Yes, in this case the civil registry of birth in Colombia will be issued in accordance with the foreign civil registry of birth. In this case it is necessary to present the civil registry issued in the country of birth, apostilled or legalised and, if issued in a language other than Spanish, translated, and a copy of the identification documents of the mothers or fathers.

No. However, it is recommended that babies are registered within one month of birth so that they do not have any difficulties with the health care system. In the case of children already registered with only one mother or father, there is no time limit for the registration of the other mother or father.

You can file a complaint with the National Registry of Civil Status, the Superintendence of Notaries and Registry, as well as with the Delegated Ombudsman's Office for Constitutional and Legal Affairs and for Children, Youth and Elderly of the Ombudsman's Office; entities that the Constitutional Court invited to monitor compliance with the SU-696 of 2015. Additionally, you can contact us at familia@colombiadiversa.org.

The marital partnership is the term by which the law refers to the assets and debts that a couple has acquired or brought into the marriage and which in case of separation would be divided between the spouses.

Partnership is the term by which the law refers to the assets and debts that a partner has acquired or contributed to the UMH and which, in the event of separation, would be divided between the permanent partners.

This is the procedure through which the assets and debts that correspond to each person from the marital (marriage) or patrimonial (UMH) society are distributed to each person.

The conjugal partnership is that which is formed by marriage and the property partnership is that which is created in a de facto marital union.

No. Both in the case of a de facto marital union (UMH) and in the case of marriage, it is possible to establish that there will be no partnership of property (capitulations) or, after marriage or UMH, to separate property without affecting the validity of the bond (marriage or UMH) between the couple.

No. The salary and income of the partners in a Common-law Marriage (UMH) or Marriage are part of the property partnership; a partnership in which the two persons participate in equal proportion in relation to the assets and debts. In other words, even if only one person has contributed financially to the support of the couple, has had an employment relationship while the other was engaged in housework without a fixed income or has had a lower income, at the time of separation both persons are entitled to half of everything they have acquired during their marriage or UMH.

The liquidation of the community property (UMH[2]) or liquidation of the marital partnership (marriage) by mutual agreement can be carried out before a notary's office or family court. If it was not possible to reach an agreement, the only option is before a family court on one of the grounds for divorce. See question 8 of the separation section. Keep in mind: the dissolution[3] and liquidation of the marital or property partnership are procedures that can be carried out before, after, simultaneously or independently of the divorce or cessation of civil effects of the common-law marriage.

In the case of minor children or children who are economically dependent (because they are studying and under 25 years of age, or disabled persons who cannot support themselves), it is necessary to define, together with the liquidation, the form in which the obligations regarding care, maintenance and visitation will be assumed. Note: Sons and daughters are not entitled to the assets of the marital or property partnership.

Talking about benefits is complex, as they will depend on the purpose that each couple or person pursues at the time of thinking about this procedure. However, it can be said that the main effect of the liquidation of the partnership is that part of the assets and the debts must be assumed by each of the partners, and that from the moment of liquidation onwards the assets acquired by each person will belong exclusively to them, regardless of the continuity or not of the relationship (marriage or UMH).

In cases where the liquidation is by mutual agreement, the participation of a lawyer is not necessary. However, if the liquidation is contentious (or in dispute), it is necessary to be represented by a lawyer. Note: Even though a lawyer is not required in a mutually agreed settlement, we suggest that you seek professional advice to ensure that your rights are guaranteed and that the document you sign is in accordance with the legal framework.

It is the procedure carried out to distribute the assets left by a person at death among the persons that the law has established as heirs or those that the person has designated as beneficiaries in his or her will.

Yes, like any married couple or UMH, the surviving partner can participate in the succession of his or her spouse, partner or life partner. The quality of heir or heiress will depend on whether or not the deceased made a will and whether or not there are forced heirs (sons, daughters, mothers or fathers). Likewise, the percentage that may correspond to you in the assets of the succession will vary according to the heirs that exist in the will. The possibility of inheritance of permanent partners was only recognised until 2012 by the Constitutional Court in sentence C-238 of 2012. Note: Succession does not affect the right to 50% that is held in the assets and debts that make up the conjugal (marriage) or patrimonial (UMH) partnership. Before defining the assets that are part of the succession, the property partnership must be liquidated and only the 50% corresponding to the one who died will enter the succession. Please note: In the case of permanent partners, it is necessary that the common-law marriage (UMH) has been declared in order to participate in the succession.If this has not been the case, the surviving partner has one year from the death of the partner to initiate the actions of declaring the UMH and liquidation of the patrimonial partnership[1]. If the year has already elapsed since the death of the partner, the surviving partner can no longer claim his or her entitlement to 50% of the property partnership, but can participate in the succession as an heir or as a surviving partner[2].
The succession can be done by mutual agreement between all the heirs before a notary or the family court. If it is not possible to reach an agreement between the heirs, the only way is through the courts (Family Court). Note: In all cases, whether by mutual agreement or not, representation by a lawyer is required.

You can intervene in the succession that your family members are or will be making. In this case it is necessary to seek the advice of a legal professional who works in the family area, in order to better understand the legal possibilities that may exist in your case.

Yes, but it is not possible to establish or approximate a value in the abstract because this depends on the valuation of the assets, the type (mutual agreement or not) and the value of the fees agreed with the lawyer.

There is no legal time limit for the succession to proceed. However, it is suggested that it be done as soon as possible to avoid difficulties in relation to the administration of the assets and to avoid any of the heirs taking possession of the assets. Note: In the case of couples in common-law marital union (UMH), the process of declaring the UMH and/or liquidation of the property partnership must be initiated within one year of the death of the partner. Although there is no time limit for initiating the succession, in the case of the UMH there is a time limit for claiming the right to 50% of the patrimonial partnership[3].

When there are children and the deceased person did not make a will, the children are the only persons who can inherit the deceased person's property. Please note: Children do not affect the right of the spouse or life partner to inherit the 50% of the marital (marriage) or property (UMH) partnership. On the other hand, if there are no assets in the marital or property partnership, it is possible that the surviving person may choose to waive his/her rights in the property partnership and claim the marital portion instead[4].

Ex-partners are not entitled to participate in the succession of a deceased person, unless some kind of relationship has persisted, for example, a marriage is still in force, the marital partnership has not been dissolved or liquidated, or there are children in common and the person intends to participate on their behalf. In this case, we suggest that you seek the advice of a legal professional who works in the family area.

To prove the status of spouse of a deceased person, the civil registry of marriage must be presented. On the other hand, to prove the status of permanent partner, the existence of the common-law marriage must have been declared, and if it was not declared during the lifetime of both partners, you must go, through a lawyer, before a family judge to declare the common-law marriage. Note: If you would like more information on how to declare a common-law marriage, please see the section on common-law marriage.

A will is a document executed as a public deed through which a person makes a living will about the way in which he or she wants his or her assets to be distributed at the time of his or her death. The will must comply with certain formalities and in case of the existence of forced heirs (sons, daughters, fathers or mothers), it must comply with the established legal parameters. It is therefore advisable to seek the advice of a lawyer working in the family area.

The de facto marital union is the same free union, formed by two people who, without being married to each other and without legal formalities, create a permanent and singular community of life, with the aim of caring for and protecting each other. The name de facto marital union is due to the name given by the law[1] which establishes that its formal declaration is made through a public deed, conciliation act or judicial sentence.

It is a figure that recognises the existence of family ties from the cohabitation of a couple without the need to resort to any formal contract or agreement, since the union exists from the moment the cohabitation begins, not from the moment of its formal declaration. The declaration of the existence of the UMH, whether through a public deed, conciliation act or court ruling, additionally allows couples living in cohabitation to access legal protection mechanisms such as: family assets, the allocation of family housing, having the status of heir or receiving the marital portion in the event of the death of one of the partners, claiming maintenance, the recognition of the right to half of the assets acquired during the cohabitation, the possibility of applying for a Colombian visa as a permanent partner, among others. Note: In order to include the partner as a beneficiary in health or pension benefits, the declaration of the UMH is not necessary; it is sufficient to present an extrajudicial declaration of the existence of the cohabitation. In order to claim a survivor's pension, a declaration by the UMH is also not necessary, as cohabitation can be proved by witness testimony.

Marriage and the UMH are the two concepts that exist in Colombian law through which the character of a family is recognised for a couple that would otherwise have no ties with each other. Marriage is formed from the celebration of a contract by which two people agree to unite their lives, while the UMH is built from cohabitation and the will to have a community of life expressed in everyday life.

Differences
Marriage Unincorporated Marital Union (UMH)
Start From the signing of the marriage contract. From the first day of living together.
To whom it is made Municipal civil court, notary's office, or religious authority. In other words, it can be civil or religious. Notary, Conciliation Centre or Family Court of the Circuit. It can only be civil.
Name given to its members Spouses, husbands or wives. Permanent partners.
Means of proof With the civil registration of marriage Through the courts by proving cohabitation, with the declaration of the UMH. In the case of health and pensions, it can be proven by testimonies or extrajudicial declarations.
Patrimonial effects From the moment of the celebration of the marriage. They are presumed after 2 years of cohabitation.
International recognition In general, marriage is recognised abroad. Its recognition is limited to Colombia and its recognition abroad depends on its resemblance to a figure in the legislation of that country.
Prevalence The marriage takes precedence over the UMH and in case of a previous union with the marriage it is terminated. However, the UMH cannot exist simultaneously with the marriage. A property partnership cannot exist between permanent partners if the marital partnership has not been liquidated.
Legal action Actions for divorce or separation of property (liquidation of the marital partnership) can be initiated at any time, even if the couple is no longer living together. There is a period of one year from the physical and definitive separation of the partners, from the marriage with third parties or from the death of one or both partners, to take action to claim the separation of assets (liquidation of the patrimonial partnership).
In relation to protection in relation to the quality of beneficiaries of health, pension, the possibility of inheriting or opting for the marital portion, spouses, permanent partners enjoy equal legal protection.
Both figures are available to same-sex couples, without any limitations or conditions.
Yes, the first step would be to apply for the TP-10 visa based on the UMH declaration, and then apply for residency after 3 years with this visa. For more information on the requirements for each of the visas, we suggest you consult the website of the Ministry of Foreign Affairs. http://www.cancilleria.gov.co/tramites_servicios/visas

In order to declare the existence of a common-law marriage, it is necessary first of all to be Colombian or a foreigner with residence in the country and additionally to present it before a notary's office or conciliation centre[2]:

  • An application for UMH declaration stating:
  • The full names of the persons making up the couple
  • The couple's identity documents
  • Place of birth
  • Age
  • Occupation
  • Address or place of residence of the couple
  • Indicate whether you have children of legal age or minors.
  • Affirm that they have no legal impediment to declaring the UMH
  • That it is his free and spontaneous will to do so

 

  • Authentic copy of the birth certificate of the partners, valid for no more than 3 months, with a note that it is valid for marriage or as proof of civil registration.

If one or both persons are foreign nationals, the civil registration must be apostilled  or legalised[3], and additionally, a single status certificate issued by the authority indicated by each country is required. If these documents are in a language other than Spanish, they must be translated and cannot be valid for more than 3 months[4]. Keep in mind that all documents issued abroad must be apostilled or legalised in the country of issue in order to be valid in Colombia.

  • Photocopy of citizenship card and/or identification document (passport in the case of foreigners).

 

  • In the case of the existence of children, the civil registry of their birth must be provided, and if they are minors, a solemn inventory of assets must be drawn up beforehand.

The inventory of assets is a simple procedure that can be carried out at the notary's office where the marriage is to take place or through a court. It consists of appointing a lawyer to represent the interests of the minors and to sign the public deed of inventory of assets or declaration of non-existence on their behalf. This must be done whenever there are minors, whether or not they have assets in their name, and before the UMH declaration. The UMH declaration is an act that can be done directly by the couple, it is not necessary to have a lawyer or attorney to represent them. Note: the document that is issued at the notary's office or conciliation centre after declaring the UMH is: in the case of the notary's office a public deed (it is not an extrajudicial declaration), in the case of the conciliation centre it is a deed of conciliation. Either of these documents must be co-signed by the couple.

As well as being established by cohabitation, the de facto marital union is dissolved mainly by the separation of the couple. The grounds that the law has established for its dissolution are:

  • mutual agreement between the couple expressed in a notarial deed
  • the death of one or both partners
  • the marriage of one or both partners to persons other than those who are part of the property partnership
  • court judgement

Please note: if you have not previously declared UMH, you must first declare UMH and then dissolve it. This can be done in the same document, it is not necessary to do one separately from the other, for example: in the case of a couple who have lived together for more than 8 years without having declared the UMH but are currently separating by mutual agreement, they can declare the existence of the UMH in the public deed of separation and then in the same deed establish its dissolution as well as liquidate the property partnership (patrimonial partnership). Additionally, REMEMBER that after the physical and definitive separation of the couple of permanent partners, the marriage with third parties or the death of one or both partners, you only have 1 year to initiate the actions to claim the separation of assets. NOTE: The legal procedure to terminate the UMH is called Cesación de Efectos Civiles de la Unión marital de Hecho (Cessation of Civil Effects of the Common Law Marital Union) and can be done via notary or court, when the couple does not agree.

The conditions that must be proven in order for a common-law marriage to be considered to exist are that:

  • between a couple of people: two men, two women, a trans man and a woman, a trans woman and a man, two trans people, a man and a woman.
  • the partners are not married.
  • a permanent and unique community of life has been formed between the couple (limited to 2 persons).
  • the existence of an affective and economic relationship.

Please note: NOTORIEDNESS of the affective relationship is NOT a requirement of UMH. In other words, the existence of the UMH cannot be denied because neighbours, relatives or friends knew that the couple was a couple.

The existence of the UMH can be proved by the means available to each person, e.g. testimonies, documents, photos, etc. If UMH has been declared, the evidence is the deed of declaration of UMH, the deed of settlement or the court judgement. In addition, in the case of an application for a survivor's pension, the status of permanent partner can be proven by extrajudicial declarations. [1] Law 54 of 1990 modified by Law 979 of 2005 [2] When the application is submitted to a Municipal Civil Judge, in the case of municipalities with more than one judge, the application is not submitted directly to the court but to the distribution office so that it randomly assigns the judge who will hear the application. [3] This is the procedure through which the signature of the public official is certified so that the document is valid in another country that is not part of the Apostille Convention. [4] Law 962 of 2005

If you need more information, if you cannot find an answer to the situation you are experiencing or if you have taken any of these steps, please send an e-mail to consultasjuridicas@colombiadiversa.org.

Domestic violence is any pattern of ongoing power and control established through a wide range of abusive behaviours within or outside the home by any partner or family member. Violent acts within a couple's relationship tend to worsen if not addressed in time. Forgiveness is not enough, a strong and true willingness to change is necessary to avoid repetition.

Domestic violence is committed through acts such as the following, when committed by and against a family member or partner:

  1. The use of physical violence such as hitting, slapping, pushing and generally any action involving injury to the body.
  2. penetration of the body with any object, non-voluntary sexual touching (sexual violence)
  3. Verbal abuse, humiliation, contempt that have a negative impact on self-recognition (psychological violence).
  4. Threats to cause any of the above violence to a family member or partner.
  5. Economic abuse
  6. Threatening to disclose sexual orientation to family, friends or others against the will of the family member whose information it is.
  7. Actions or omissions that seek to create feelings of inferiority and guilt
  8. Using children to manipulate or coerce one person to do the bidding of another.

In case you have been or are being a victim of domestic violence we recommend you:

  1. Go to the family police station of the locality or municipality in which you live and request an immediate protection measure to put an end to the violence, abuse or aggression or to prevent it from taking place when it is imminent.

Please note: the request for a protective measure must be filed no later than 30 days after the assault.

  1. Report the violence committed against you by your partner or a member of your family to the public prosecutor's office. In this case, it does not matter if more than 30 days have passed since the assault, the criminal complaint can be filed even after several years have passed, the only thing is that the more time you allow to pass, the more difficult it will be to prove that the crime has been committed against you.

Important: Domestic violence is a crime considered by our legislation as particularly serious, so that once the complaint has been filed, whether you want it or not, the Public Prosecutor's Office is obliged to continue with the investigation and criminal proceedings.

According to article 17 of Law 1257 of 2008, which modified article 5 of Law 294 of 1996, the protection measures that can be established by the family commissioner, as the case may be, are:

  1. a) Order the aggressor to vacate the dwelling house he shares with the victim, when his presence constitutes a threat to the life, physical integrity or health of any of the members of the family;
  2. (b) order the offender to refrain from entering any place where the victim is present when, in the opinion of the officer, such restraint is necessary to prevent the offender from disturbing, intimidating, threatening or otherwise interfering with the victim or the children in whose temporary custody the offender has been awarded temporary custody.
  3. c) Prohibit the aggressor from hiding or transferring children and disabled persons in a situation of helplessness who are members of the family group from the residence, without prejudice to any criminal prosecution that may be applicable;
  4. d) Obligation to attend re-educational and therapeutic treatment in a public or private institution offering such services at the offender's expense.
  5. e) If necessary, the aggressor shall be ordered to pay the costs of legal, medical, psychological and psychological counselling and advice required by the victim;
  6. (f) Where the violence or abuse is of a serious nature and is likely to recur, the competent authority shall order special temporary protection of the victim by the police authorities, both at her home and at her place of work, if she has one;
  7. (g) Order the police authority, at the victim's request, to accompany the victim back to her place of residence when she has been forced to leave in order to protect her safety;
  8. h) Provisionally decide on the visiting arrangements, custody and guardianship of the children, if any, without prejudice to the civil jurisdiction of other authorities, who may ratify or modify this measure;
  9. i) Suspend the aggressor from possessing, carrying and using weapons, if these are indispensable for the exercise of his profession or trade; the suspension must be justified;
  10. (j) to decide provisionally who is to be responsible for maintenance payments, without prejudice to the civil jurisdiction of other authorities who may ratify or modify this measure;
  11. k) Provisionally decide on the use and enjoyment of the family home, without prejudice to the competence in civil matters of other authorities who may ratify or modify this measure.

1) Prohibit the aggressor from carrying out any act of alienation or encumbrance of his property subject to registration, if he has a marital or patrimonial partnership in force. To this effect, the competent authorities shall be notified. This measure shall be ordered by the judicial authority;

  1. (m) order the offender to immediately return personal belongings, identity documents and any other documents or objects owned or held by the victim;
  2. n) Any other measure necessary for the fulfilment of the objectives of this law.

 

The answer is the M visa (before 2 August 2017 it was the TP-10 visa), which is granted to foreigners who wish to stay in the national territory with the intention of settling in the country. Among the conditions for applying for this visa is that it is the spouse or permanent partner of a Colombian national[1]. In this case, the visa will be valid for three (3) years. The holder of the M visa will be authorised to exercise any legal occupation in the country, including those carried out by virtue of an employment relationship or contract[2].

The general requirements for any type of Colombian visa. According to Resolution 6045 of 2017, the requirements are: "1. Complete the electronic visa application form

  1. Present a passport, travel document or Laissez Passer issued by an Authority, International Organisation or State recognised by the Colombian Government, which is valid, in good condition and with free space for visas.
  2. Provide a copy of the front page of the passport, travel document or valid Laissez Passer where the holder's personal or biographical details are recorded.
  3. Foreigners who apply for a visa while they are in the national territory or in the territory of a State other than that of their nationality, must provide a copy of the document which, in accordance with the immigration regulations of the country in which they are staying, certifies their legal, regular or authorised stay".

The documents proving the specific requirements for each type of visa must also be attached.

Resolution 6045 of 2017 of the Ministry of Foreign Affairs in its Article 43 in relation to the marital visa (of spouse or permanent partner), establishes the following: "1. Authentic copy of the Colombian Civil Registry of Marriage, or of the Public Deed, Judicial Ruling, or Act of Conciliation where the existence of the Common-law Marital Union is declared.

  1. Visa application letter signed by the Colombian spouse or permanent partner accompanied by a simple copy of the citizenship card and a special power of attorney granted by the spouse or permanent partner to the foreigner to apply for the visa.

PARAGRAPH: When the application for a visa as a permanent partner of a Colombian national is submitted to a Consular Office of the Republic, the valid document proving the de facto marital union in accordance with the laws of the place of application will be accepted". NOTE: 1. All documents required other than identity or travel documents must have a date of issue no more than three months prior to the registration of the application. 2. All documents originating from abroad must have an apostille or legalisation and an official translation into Spanish when it is not in this language. The official translation must be legalised or apostilled as the case may be. http://www.cancilleria.gov.co/tramites_servicios/visa/requisitos

The M visa costs USD $282. The study only visa costs USD $52.

The jurisprudence of the Constitutional Court has established that the Foreign Ministry cannot disregard the rights of a Colombian citizen to constitute and protect a family, even if there is a discretionary power to admit or deny visas. Sentence T-959 of 2000.

The jurisprudential rule is that tutela is a mechanism that can only be used when irremediable damage is being caused. Otherwise, to challenge decisions of this type, it is necessary to go to the jurisdiction of the contentious-administrative courts. If you require more information, please write to familia@colombiadiversa.org For more information on the process, requirements and visa application, please consult the website of the Ministry of Foreign Affairs: http://www.cancilleria.gov.co/tramites_servicios/visa [1] Resolution 6045 of 2017 Art.17.1 [2] Resolution 6045 of 2017 Art.20.1

If you need more information, if you cannot find an answer to the situation you are experiencing or if you have taken any of these steps, please send an e-mail to consultasjuridicas@colombiadiversa.org.

Other rights

Yes, since 2015 transgender people can change the sex that appears on their documents. Decree 1227 of 2015 established the way in which people can "correct the sex component in the civil registry of birth".

Decree 1227 of 2015 states that this must be done by public deed before a Notary Public and the following documents must be provided:

  1. Written request addressed to the Notary or Notary Public before whom the procedure is to be carried out, with the name and identity card number of the person requesting it.

 

  1. Simple copy of the Birth Certificate.

 

  1. Simple copy of citizenship card.

 

  1. Declaration made under oath. In this declaration, the person must indicate his/her willingness to make the correction of the box for the sex component in the Civil Registry of Birth Status. In this declaration it is necessary to make reference to the person's socio-cultural construction of his/her sexual identity.

No, the only requirements that can be requested at a notary's office are those indicated in Decree 1227 of 2015 and there is no diagnosis or medical certification there. The decree expressly states that no additional documents or evidence other than those indicated in article 2.2.6.12.4.5 may be required. Decree 1227 of 2015 If I do not identify with a male or female sex, can I request that my sex remain undefined, fluid or both? No, the current regulation in Colombia only allows the person to register one sex: Female (F) or Male (M).

Yes, in the case of ID cards issued before March 2000 whose number is associated with the sex assigned at birth, the person can request a change of numerical quota to be assigned a new 10-digit number (Unique Personal Identification Number " NUIP). For more information, please consult the following link https://www.registraduria.gov.co/Asignacion-de-un-nuevo-numero-de.html

No, after the public deed has been executed and the sex component has been corrected in the civil registry of birth in accordance with the self-determined gender identity, the change of the identity card must be processed at the Civil Registry Office. https://www.registraduria.gov.co/Rectificacion-de-la-Cedula-de.html Additionally, you must go to each institution where you have documents or titles with your previous identity to modify the information on these documents. Keep in mind that academic degrees, driver's licenses, public deeds, securities, contracts, information before the EPS and Pension Administrators, banks, among other elements must be updated to avoid problems. The Habeas Data recourse may be useful for these procedures.

Decree 1227 of 2015 allows the person to correct the sex component two (2) times and also states that the second time may not be requested within ten (10) years after the issuance of the public deed issued by the notary in which the first correction is made.

Yes. The Constitutional Court, through judgments T-498 of 2017, T-675 of 2017 and T-447 of 2019, established that minors could change the sex component of their civil registry at a notary's office.

In accordance with Administrative Instruction No. 01 of 13 January 20.20 of the Superintendency of Notaries and Registries, in order to change the sex of a person who is a minor, the following requirements must be met:

  1. Recognition of minors as subjects of rights under guardianship.
  2. Consideration of their evolving capacities.
  3. Overcoming the threshold of understanding the concept of gender identity (5-7 years).
  4. Simple copy of the civil registry of birth.
  5. Simple copy of the identity card (in cases where the child is 7 years old or older)
  1. Declaration by the minor that his or her decision is free, informed and qualified. In particular, according to the provisions of the constitutional body, it must be established that the request for change is free of coercion, voluntary and not imposed by a third party, and that it is made on the basis of prior and sufficient knowledge of the implications of the measure.

In addition, the Notary must:

- Verify that the manifestation of will made by the minor in each of the cases is free (without coercion, force or undue interference), informed and with an understanding of its implications (scope).

- In no case may it require additional documentation or evidence.

Note: In the event that the legal representation of the minor is in the hands of a guardian, a defender or a family commissioner, the procedure cannot be carried out before a notary, but must be carried out before a judge, who will be responsible for establishing whether the procedure is appropriate.

The instruction can be consulted here: https://xperta.legis.co/visor/temp_legcol_cde272b6-1ca1-4ade-924b-1232d8cf8042

No. Article 118 of Law 1395 of 2010 established that "All acts, facts and orders that must be registered in the civil registry or that affect it, may be registered in any office authorised to carry out the civil registry function in the national territory or in the Colombian consulates abroad".

Yes, a change of name can be made in the same public deed as the change of sex.

The change of name includes first names as well as surnames, as explained by the Constitutional Court.

Peace and Conflict

Comprehensive reparation includes measures of restitution, satisfaction, rehabilitation, compensation and guarantees of non-repetition.

These are measures aimed at restoring the rights of victims, as far as possible, to the situation they were in prior to the occurrence of the violations. These include: land restitution, return or relocation actions, housing restitution, restitution of work skills, or restitution of credits and liabilities.

Return is the process by which the state ensures that victims of forced displacement, either individually or with their families, return to the place where they lived before the events in order to settle there permanently. On the other hand, relocation is the process by which victims of forced displacement are granted the possibility of settling in a different place from where they were displaced.

These are measures of a symbolic nature that seek to generate well-being for the victims and contribute to the mitigation of their pain, such as the recognition of their status as victims, acts of forgiveness and acknowledgement of responsibilities, activities to recover historical memory, commemorative acts, clarification of the truth of the facts or actions of the administration of justice, among others.

It is the economic compensation for the damages suffered as a result of the victimising event. In addition, although the money received by the victims will be allocated as each one decides, they can voluntarily receive state support for the appropriate investment of the resources.

It depends on the victimising event suffered and how many events have been committed against each victim up to a maximum of 40 minimum wages.

Homicide Up to forty (40) smlmv
Enforced disappearance Up to forty (40) smlmv
Abduction Up to forty (40) smlmv
Injuries leading to permanent disability Up to forty (40) smlmv
Injuries not causing permanent disability Up to thirty (30) smlmv
Torture, inhuman and degrading treatment or punishment Up to thirty (30) smlmv
Offences against sexual freedom and integrity Up to thirty (30) smlmv
Illegal recruitment of children and adolescents Up to thirty (30) smlmv
Forced displacement Up to twenty-seven (27) smlmv

As stated in article 135 of Law 1448 of 2011, rehabilitation implies a "set of strategies, plans, programmes and actions of a legal, medical, psychological and social nature, aimed at restoring the physical and psychosocial conditions of the victims" in order to rebuild their individual, family and community life plans.

These are all those actions that aim to prevent further victimisation, such as, for example, social education on human rights, reforms to legislation that allows for the occurrence of human rights violations, the investigation and punishment of officials who have been involved in the victimising events, reconciliation programmes or security measures, among others.

Yes. Law 1448 of 2011, known as the law on victims and land restitution, states in its Article 3 that persons who have suffered harm as a result of events that occurred during the armed conflict as of 1 January 1985 are considered victims, with no exceptions based on sexual orientation or gender identity different from the victims. On the contrary, this article expressly recognises that same-sex couples are considered victims. Likewise, in Article 6, this law defines that all the measures it contemplates are covered by a criterion of equality, so that they will be recognised for all victims without any distinction, among others, on the grounds of gender or sexual orientation.

Depends. For those who have been victims of events that occurred prior to the date of enactment of Law 1448 of 2011, i.e. on 10 June 2011, the deadline to make a statement to the Public Prosecutor's Office and be recognised in the Unified Registry of Victims expired on 10 June 2015, because Article 155 of Law 1448 of 2011 imposed a period of 4 years from the enactment of the law. However, the Law foresaw that some victims would find themselves in situations of impossibility to make the declaration in a timely manner, so it left open the possibility for all persons to make declarations after the 4 years, if due to force majeure they were unable to do so before. For these victims, the time limit will be counted from the moment the circumstance that prevented them from making the declaration ceases to exist. On the other hand, victims of events occurring after the Law came into force have a period of 2 years from the occurrence of the victimising event. Therefore, victims of events that have not occurred more than 2 years prior to the declaration can declare.

Article 13 of Law 1448 of 2011 explains the differential approach in administrative reparation processes, recognising that some populations, due to their particular characteristics, such as gender or sexual orientation, require special guarantees and protection measures that respond to the degree of vulnerability of each of these social groups. In addition, this law imposes on the State the obligation to make efforts to ensure that the humanitarian aid, attention, assistance and comprehensive reparation measures contribute to the elimination of the discrimination and marginalisation that underpinned the victimising acts against these populations.

LGTBIQ+ Health

No, under no circumstances can you be refused health care because you do not have a valid health insurance card or simply do not have one. The membership is a representation of affiliation, but not of the fundamental right to health enjoyed by all persons. (Judgement T-676/12)

No, if you do not have the resources to continue paying contributions, under no circumstances can your treatment be interrupted. If any health entity does so, you have the right to claim through an amparo action. (Sentencia T-230/09).

Although it is the duty of the prison to prevent the spread of HIV/AIDS, the freedom of movement of inmates living with HIV/AIDS cannot be restricted by almost absolute confinement, as this violates the inmates' rights to equality and dignity (Judgment of the European Court of Human Rights). T-577/05).

Yes. Transferring inmates living with HIV/AIDS to the city where they have family members to help them cope with their illness is not only legitimate but imperative, as people living with the disease require the support of their family to maintain their emotional well-being. (Judgement T-376/13)

No, being a person living with HIV is not an admissible argument to reject a credit application, even if the entity in charge of granting the credit requires life insurance in its statutes to authorise it, as requiring such insurance would be a typical act of discrimination, then, under no circumstances could they deny a credit for this reason (Judgment of the European Court of Human Rights). T-905/07).

Given the special vulnerability of these people, the State has a reinforced obligation to guarantee their right to health and to a dignified life. For this reason, they must be attended to as beneficiaries of the subsidised regime, without being able to allege their lack of address or identification in order not to provide them with the treatments, medicines and conditions necessary to deal with their illness. (Sentencia T-057/11, T-323/11, T-436/03)

The date of structuring of the state of disability corresponds to the date on which a person's physical and mental abilities are diminished to such a degree that he/she is unable to carry out any economically productive activity. This loss of working capacity is graded in percentages and must be declared by an Invalidity Rating Board. (Sentencia T-551/13)

If you have a diminished capacity to work of 50% or more, you can apply for your pension. If you are denied, you can file a tutela for the recognition of this benefit, which is a fundamental right because it is intimately related to your right to live with dignity, work and enjoy full health and integrity. (Sentencia T-509/10, T-036/11, T-478/11, T-627/13)

In order to qualify for a disability pension, the law also requires that 50 weeks of contributions have been paid in the three years prior to the date on which the disability was established or the date on which the person actually stopped working and paid permanent and definitive contributions. (Judgment of the Court of Appeals). T-627/13, T-551/13, T-428/13, T-138/12, T-855/11, T-699A/07)

*TO BEAR IN MIND*.

The current law that regulates the issue of disability pension is Law 860 of 2003, which in its article 1 contains the requirement of 50 weeks of contributions in the last 3 years to access this benefit. This modified the provisions of Law 100 of 1993, which established only 26 weeks of contributions at the time of disability. This is relevant because if you entered the social security system before the new legislation was issued and during that time you fully complied with the weeks of contribution and the time of permanence established in the previous law, the provisions contained in the previous legal regime could be applied to you, due to the principle of favourability, in order to grant you your disability pension. (Ruling T-893/13, T-138/12 y T-062A/11)

In the case of the HIV-AIDS virus, the loss of working capacity is not immediate but progressive, and in this context, it is not admissible for the Pension Fund not to take into account the contributions that you made from the time the disability was structured until the real decrease in working capacity actually occurred. (Judgment T-893/13, T-627/13)

The employer's failure to pay contributions to the Pension Fund should not affect your right to receive a disability pension. This does not constitute a valid reason for its denial and the Pension Fund continues to be legally obliged to grant it to you if you have met the requirements. (Judgement T-478/11, T-838/11)

If your pension was denied by your Pension Fund and you meet the requirements explained above, you can file a tutela action, as it would be disproportionate to require you to go to the ordinary courts in your situation. (Sentence T-710/09,T-885/11, T-262/12, T-138/12, T-027/13, T-142/13).

The right to job stability is held by all employees, but in the case of people living with HIV it is transformed into the fundamental right to enhanced job stability because its holder is a subject of special protection due to his or her vulnerability and traditional discrimination or marginalisation, and can therefore be defended through tutela action. And therefore, it can be defended through the tutela action. (Sentencia T-519/03, T-992/07, T-238/08, T-295/08, T-703-09, T-490/10,  T-025/11, T-986/12).

In general, the employer should know about the employee's illness. However, this does not apply if you are living with HIV as it is not only contrary to human dignity to inform about your illness but also violates your right to privacy. In fact, it is forbidden to require an HIV/AIDS test in order to enter or remain in an employment activity. (Article 35 of the Decree 1543 of 1997, Judgment SU-256/96, T-826/99, T-1218/05, T-1219/05, T-992/07, T-295/08, T-898/10, T-447/13)

As part of the right to reinforced stability, if you have been dismissed from your job with the sole justification that you are living with HIV, you can demand immediate reinstatement by your employer through an action of tutela. (Article 35 of the Decree 1543 of 1997, Judgment T-519/03, T-1218/05, T-1219/05, T-992/07, T-238/08, T-273/09, T-490/10)

It depends, if the non-payment of your disability puts you in a critical economic situation, the tutela will proceed. Remember that you deserve special protection, so in order for the tutela to proceed you only have to state that your economic situation is critical, that you have not been paid your disability and that this is your only source of income. (Sentencia T-201/05, T-743/09).

Even if the employer has paid the contribution late or incompletely, the institution must pay the incapacity for work if it has not requested the employer to pay the full contribution. It may only refuse to pay the incapacity if it had requested full payment from the employer. (Judgement T-602/07).

NO worker may be dismissed on the grounds of pregnancy or breastfeeding, and this protection extends to his or her partner if he or she is the only person with whom he or she has an employment relationship. Regardless of the relationship between them or the sex of the partner[1].

Note: In addition, all "extra" benefits offered by the company or employer, other than those provided for by law, should apply equally to diverse families. For example, in the case of marriage, although there is no legal figure of "marriage leave", in many companies it is possible to request temporary leave, whether paid or unpaid, and there are also employers who usually give special leave in these cases, these leaves should apply equally in the case of same-sex couples.

No, even if you were to be dismissed from the EPS, you would still be entitled to continue to receive the service you started before you left the health institution. Moreover, you are no longer required to study in order to remain a beneficiary of your parents' EPS if you have not reached the age of 25. In any case, your health insurance company can only interrupt the treatment when it assures you that another company will provide you with the required care. (Judgement T-613/08)

The opinion of your treating doctor is sufficient for access to medicines, as he is the one who, in addition to possessing qualified medical knowledge, knows your state of health and is in a position to determine the medicine or procedure that is best suited to your recovery (Judgment of the European Court of Human Rights). T-053/04, T-190/07)

If the medicine or treatment cannot be replaced by other equally effective ones that are included in the POS, and if not taking the medicine or receiving the treatment causes you great pain or endangers your life, your EPS must provide it. Remember that the doctor who prescribed the medicine or the treatment must be a doctor of the health entity to which you are affiliated. (Sentences SU- 819/99, T-065/04, T-190/04, T-202/04, T-221/04, T-239/04, T-253/04, T-268/04, T-271/04, T-326/04, T- 341/04, T-342/04, T-343/04, T367/04, T-372/05, T-434/06, T-1175/08, T-438/09, T-868/12)

Although it is true that nutritional supplements are not medicines and are excluded from the POS, it is considered that they are part of the treatment to which people living with HIV are entitled and, therefore, the EPS have the duty to provide them. (Sentencia T-159/06)

Milk formula is included in the POS (Obligatory Health Plan) only for the children of HIV positive women under 6 months of age, as ordered by the treating physician. (Sentencia T-681/14)

The treatment of patients living with HIV/AIDS should be comprehensive and guarantee all those services that allow them to achieve the highest possible level of physical, psychological, emotional and social wellbeing. Therefore, if this is your case, it is your right to receive treatment even if it is not included in the POS. (Sentence T-744/10)

The viral load test is essential for people living with HIV to establish the medical procedure to follow, and is currently included in the POS. Therefore, its performance must be guaranteed to all those living in Colombian territory, regardless of whether they are in the subsidised or contributory health regime.

Yes, this test, which allows you to determine the resistance of the virus to the drugs available for its treatment, is also included in the POS and should therefore be given to you if you need it.

In the case of HIV/AIDS, as it is classified as a catastrophic illness, the rules regarding minimum contribution periods should not apply when you require this type of medical care and you can prove that you are unable to cover the cost yourself. Thus, the responsible entity cannot oppose to perform such treatment or medical procedure. (Judgement T-113/11 y T-253/04)

You could ask for it only if your doctor prescribes it, remember that this is one of the requirements to be granted medicines excluded from the POS. Your doctor may exceptionally prescribe the medicine under the commercial name only if it is better in quality, safety, efficacy and convenience for you; if the generic medicine produces the same effects, it is not necessary to be prescribed the commercial one. Â (Judgment T-1175/08).

HIV

Violence

This is a situation that can occur when we go out with people we do not know, because it is difficult to know in depth what their personality is like online. Therefore, although the best thing is prevention by taking appropriate security measures, in case of being assaulted, the first step is to make a complaint to the police or through a Virtual CAIYou need to report the whole situation so that the authorities can take action. Secondly, it is important to block the profile of this person on the social network you are using, all of them have different ways of doing this, so that the person who attacked you will not be able to contact you again by this means.

This is a case that occurs frequently on social networks, which is why most platforms have mechanisms to report and close profiles that impersonate your identity. The best way to nip the problem in the bud is to report the profile of this person through the mechanisms that each social network has for these cases.

In this area you have to define what type of discrimination you have suffered, if it is discrimination when entering a nightclub, for example, you should file a complaint with the Personería Distrital, in the case of Bogotá, or the Personería of each municipality. You should then describe the incident in detail so that the establishment receives an appropriate sanction. If the person discriminating against you is the person you are dating, you should report it to the social network you used.

It is best to meet this person in a public place, always be aware of the drinks you consume, do not receive any food of unknown origin, do not receive unknown substances or drugs, tell someone you know where the meeting is going to take place and who you are with and, for safety, have some kind of code with someone you trust so that this person understands when you are in an uncomfortable, problematic or risky situation.

First of all, it is important to block this person from social networks where they may have contact with you; this should be enough. However, in case the person persists and decides to harass you in person, it is necessary to file a complaint with the authorities, specifically with the police, through the public prosecutor's office or before a Virtual CAI.

You should report the incident to the cybercrime police, to the public prosecutor's office or at the Virtual CAI, specialists will review the case and take appropriate action. Secondly, you should report the person on the app you are using. Some platforms, such as Facebook, have the option to report someone's profile, so that it is closed by the administrators. The best way to prevent these situations is to avoid sharing content that you would not want other people to see.

We know that the idea of dating apps or even social networks is to meet people we might be interested in. However, you must remember that you may be making a first approach with strangers, which does not give us more information about the intentions that they may really have. For this reason, it is important not to share personal information, such as your home address, place of work, family information, bank accounts or place of study.

The easiest and quickest way to find out is to make a video call with the person before you meet in person. You can also find some clues through social networks such as Facebook or Instagram. It is important to clarify that dating people we meet online always involves taking risks because the information we have about them is very limited. For this reason it is always necessary to take precautions when talking to or meeting strangers. If you have experienced another type of situation that is not included in these questions, write us your case to the following email address info@colombiadiversa.org

The complaint can be submitted in writing to the Assignment Office of the Attorney General's Office in your place of residence or verbally to an official of the Immediate Reaction Unit-URI of the same entity. Complaints submitted in writing to the Assignations Office must be made during the hours pre-established by the entity (in Bogotá from 8:00 AM to 4:00 PM) and must be filed and duly numbered (numbered pages).

Likewise, they must come with a personal presentation, which can be made beforehand at the notary's office of your choice or at the entity itself. This modality is recommended for cases in which time has passed between the date of the events and the filing of the complaint.

On the other hand, those that are presented to the URI do not require the aforementioned requirements as an interview is taken by the official of the entity. This is recommended when there is a short lapse of time between the commission of the acts and the filing of the complaint, or when the Attorney General's Office is required to carry out urgent acts of investigation (obtaining video cameras, forensic medical assessment, etc.) or protective measures in favour of the victims.

You do NOT need to be a lawyer or have any legal knowledge to file a complaint. What is essential is a clear and, above all, truthful account of the facts that are the subject of the complaint.

When a complaint is submitted in writing, it is normally assigned a consecutive complaint number (a number that is stamped on the receipt stamp). With this consecutive number, or with the name and identity card of the complainant, at the same Assignment Office you can be informed about the Unique Criminal Notification Number (also known as Radicado).

Normally, between the submission of a written complaint and the assignment of a case file, a period of approximately two weeks to one month elapses. In cases where the complaint is filed with the URI, the radicado is assigned immediately. However, beyond urgent acts of investigation or protective measures, it is necessary to wait for the investigation to be referred to a Prosecutor's Office for further investigation.

In the event that the Prosecutor's Office closes the investigation, the victim has the right to request that the investigation be closed and, if this is denied, to ask a supervisory judge to carry out a review of the legality of the decision. In order to fully guarantee the victim's access to these rights, it is recommended that a victim's lawyer be available. In the event that the victim does not have the resources to cover the costs, both the Ombudsman's Office and the legal clinics of the Law Faculties can accompany the work of representing victims.

In Colombia no public authority can discriminate against a person on the basis of their sexual orientation or gender identity. If this happens you can file a disciplinary complaint and even a criminal complaint depending on what happened. If this happens to you, write down the name of the authority and badge number, if it is a police officer, and write down in great detail what happened. Seek advice before making a complaint.

It is possible that limitations may be imposed on the right of admission and stay as long as this is not done for suspicious reasons such as race, sexual orientation or gender identity. However, if this happens, you will need to have sufficient reason to believe that it is for this reason that you were refused entry. Always write down names, things that were said to you and write down in detail what happened (Judgment T-314 of 2011).

A victim is any person who can prove that he or she has suffered harm as a result of a crime. The status of victim is independent of the existence or success of criminal proceedings. Victims have the right to be informed about the status and progress of the criminal proceedings (which also includes the right to obtain copies of the case file from the investigation phase itself), to be treated in a respectful and dignified manner, as well as to participate in the hearings that are convened in the course of the proceedings and to lodge appeals against the decisions made by the judge.

NO. The crime of discrimination punishes those persons who unjustifiably (arbitrarily) prevent, obstruct, or restrict the full exercise of any right on discriminatory grounds.

Given its mission objective, which is none other than the defence and progressiveness of the rights of the LGBT population, Colombia Diversa strategically selects the cases it decides to litigate. In most cases we provide initial advice and refer the case to other entities such as the Ombudsman's Office or legal clinics. Only in cases that meet certain internal criteria designed by the organisation do we decide to proceed with representation. It is therefore important to provide us with the most complete and accurate information possible in order to analyse the relevance of the case.

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