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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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Identity documents

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/Que-hago-si-se-vence-la-contrasena-o-comprobante-de-documento-en-tramite-y-aun.html. Additionally, you must go to each institution where you have documents or titles with your previous identity to modify this information. Keep in mind that academic degrees, driver's license, public deeds, securities, contracts, information before the EPS and Pension Administrators, banks, among other elements must be updated to avoid problems. You can use the Habeas Data recourse for these procedures.

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.
  2. Simple copy of the Birth Certificate.
  3. Simple copy of citizenship card.
  4. 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.
The rule for the change of name is that it can only be done once. However, the Constitutional Court in judgment C-114 of 2017, established an exception for those cases in which there is a clear and sufficient constitutional justification for the change of name again, such as the need to harmonise gender identity or to avoid discriminatory practices. Additionally, if the name change is made when the person is a minor, the law reserves the right to a new name change once he or she comes of age.

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.

The Court has established that names are elements intimate to each person, and do not have to correspond to social assignment to one gender or another.

Yes, in the case of minors, the change of name is carried out through their legal representatives. In the case of a change of name when the person is a minor, the law allows the person to make a new change of name when he/she comes of age.

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

In order to make the change of name, it is necessary to apply to a notary's office to execute the public deed in which the change of name is to be made and to attach the deed:

  1. Photocopy of their identity card in the case of minors.
  2. Certified copy of the birth certificate

Please note: after changing your name, you will have to rectify your identity document (citizenship card or identity card) with a copy of the civil registry of birth in which the change of name is recorded.

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

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 document or proof other than those indicated in article 2.2.6.12.4.5 may be required. Decree 1227 of 2015.

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".

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, the Constitutional Court through the rulings T-498 of 2017, T-675 of 2017 and T-447 of 2019 established that minors can change the sex component of their civil registry of birth before a notary.

According to Administrative Instruction No. 01 of 13 January 2020 of the Superintendence of Notaries and Registry, the following requirements must be met in order to change the sex of a person who is a minor:

  1. Recognition of minors as subjects of rights under guardianship.
  2. Consideration of their developmental stages and understanding of their decisions (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. A simple copy of the identity card (in cases where the child is 7 years old).
  6. 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's office must verify that the declaration of will made by the minor, in each case, 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://servicios.supernotariado.gov.co/files/content/instrucciones/2020/182951-InstruccinAdministrativaNo.01de2020.PDF

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-cedula-por-cambio-de-sexo.html

In Colombia, Decree 1227 of 2015, Constitutional Court T-033 of 2022 and the Single Civil Status Registration Circular version 9 (14.4.1) allow a person to register only one sex: Female (F), Male (M), Non-Binary (NB) or Trans (T). Other options are not supported.

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".

Education

No. According to Ruling T-529 of 2024, educational institutions must guarantee an education that respects the rights to dignity, equality and non-discrimination. In the case of private denominational institutions, their dogmas cannot restrict access or affect the components of the right to education, especially for historically discriminated groups, as it is against the principles of equality, pluralism and human dignity, pillars of a Social and Democratic State of Law.

Yes, the Constitutional Court in various rulings (T-594 of 1993, T-1033 of 2008, T-063 and T-099 of 2015) has insisted that persons with diverse gender identities and expressions can socially, legally, administratively or judicially demand that the use of their name be modified to adopt the name that corresponds to their identity.

No, institutions must respect all manifestations that allow them to express their diversity without prejudice to their biological sex, including the way they dress, the way they wear their hair, or the name they use to define themselves (Sentence T-443 of 2020).

No. The Constitutional Court, in its Ruling T-478 of 2015, said that educational establishments must define the Coexistence Manual, its bases and limits, based on the Constitution, especially in the defence of plurality and respect for diversity.

The Constitutional Court in Ruling T-443 of 2020 indicated that the work of educational institutions is not limited to guaranteeing the acquisition of knowledge. In order to comprehensively protect the right to education of children and adolescents, teachers must provide emotional support and the necessary tools to their entire population, so that they can develop adequately and act in social life.

The Court has mentioned that, in the fulfilment of this duty, "the active participation of all members of the educational community is fundamental and decisive, but especially that of educators, since only to the extent that the values and principles they aspire to transmit to their pupils really constitute the basis of their own individual life projects, will their work be effective; Only those who practise tolerance, who respect diversity and recognise in the "other" someone equal to themselves, will have the capacity and legitimacy to contribute, through the educational process, to educating children and young people in a sustained ethical paradigm".

LGBTIQ+ children and adolescents have the right to an inclusive, safe and discrimination-free school environment, based on respect for their sexual orientation, gender identity and gender expression. This includes the right to equality, protection from bullying, recognition of their identity name and free development of their personality, among others.

No. In accordance with what the Court said in Ruling T-529 of 2024, the prohibition of discrimination based on sexual orientation is absolute, especially in the school environment, where respect and plurality must be promoted. Any attitude aimed at persecuting or intimidating students who voluntarily assume a different sexual orientation, whether by other students or school authorities, constitutes harassment that must be reproached and prevented.

Yes, it is possible to request the educational institutions to use the generic denomination of the degree awarded in accordance with the identity recognised by the graduating student. It is important that the change in identity documents has been made for this, as diplomas and certificates are issued according to the legal identification.

Family

Yes, since 2015 same-sex couples can adopt in Colombia without any restrictions based on their sexual orientation or gender identity. To do so, they must apply as adoptive parents, on equal terms as a heterosexual couple, and follow the procedure established by the Colombian Institute of Family Welfare (Instituto Colombiano de Bienestar Familiar).

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 unmarried persons in a de facto marital union with an uninterrupted cohabitation of at least two years and spouses.
  3. Consenting adoption is the permission granted to the spouse, partner or permanent companion of the biological parent of a child or adolescent as long as the couple can prove uninterrupted cohabitation of at least two years.

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

The general requirements for adoption are:

  1. To be fully capable.
  2. Be 25 years of age or older.
  3. Demonstrate sufficient physical, mental, moral and social suitability to provide a suitable and stable family for a person under 18 years of age.
  4. Be at least 15 years older than the minor to be adopted.

Yes, the Childhood and Adolescence Code in Article 68 states 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. Subsequently, it found that the ICBF violated the rights of the children and that sexual orientation cannot be a criterion for denying or revoking an adoption (Judgment T-276 of 2012).

Although gender identity has not been expressly referred to in adoption rulings, it is clear that gender identity cannot be a ground for denial either.

Yes, the Childhood and Adolescence Code, in Article 68, states that the spouse or permanent partner may adopt the child of his or her partner, as long as he or she can prove uninterrupted cohabitation of at least two (2) years. In this case, it is not necessary that there is an age difference of 15 years between the minor and the adopter. 

Note: According to the Constitutional Court, in SU-617 of 2014, when the administrative authority excludes the possibility of adoption by consent on the basis of the homosexual nature of the requesting couple, it violates the rights of all of them to family autonomy and to have a family, because it ignores, without any reason to justify it, the existence of a family arrangement in which the child, 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, the existence of a family arrangement in which the minor, at the will of his or her biological father or mother, shares his or her life with a 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.

The adoption process has two stages: administrative and judicial. 

  1. The first stage is before the Colombian Institute of Family Welfare - Instituto Colombiano de Bienestar Familiar -ICBF-where the documents established by that entity are presented (https://www.icbf.gov.co/programas-y-estrategias/proteccion-2023/adopciones-pruebas) and the rights of the child or adolescent are verified, as well as the fulfilment of the legal requirements. This phase ends with the declaration of adoptability of the minor.
  2. In the second stage, the judicialThe 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 this judicial decision that establishes the paternal-filial relationship.

In this case it is important to have the details of the official who dealt with the application, the date and the reasons given for not receiving or processing the application. With this information, a complaint can be filed with the Procuraduría. On the other hand, if the refusal has been given by means of a resolution, legal remedies can be filed. 

If you are in a situation of being denied your rights on the basis of your sexual orientation or gender identity, please write to us at co****************@*************sa.org to advise you.

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: proceeds when a person outside the couple who decided to have a child wishes to be linked as the child's parent. An example 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 this 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, only when a child is born to a married or unmarried couple can both parents be directly included in the birth registration of a child.

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. You can see the differences in the question "What is the difference between the adoption procedure and the child registration procedure?

Law 2388 of 2024, which established the possibility of recognising foster care, allows for this link to be established between persons without distinction of sexual orientation or gender identity. 

According to this Law, a foster family is one in which close ties of love, affection, support, solidarity, respect, mutual aid and help have arisen de facto, and due to continuous cohabitation, between the members of the relationship, for a period of time of no less than five (5) years (Art. 2 Law 2388 of 2024).

If you would like to know more about the possibility of establishing a parenting relationship, you can write to us by email: co****************@*************sa.org.

No. The fact that the employer or contractor knows the sexual orientation or gender identity of his or her employee does not authorise him or her to make it public or to inform anyone about it without the employee's consent. Abusing information that becomes known about the private lives of people with whom you work constitutes harassment in the workplace. See 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 need legal support, please write to us at co****************@*************sa.org.

No worker may be dismissed on the grounds of pregnancy or breastfeeding. This protection is extended to their partner if he/she is the only one who has an employment relationship. Irrespective of the relationship between them or the sex of the partner. 

Note: additionally, in case of non-statutory benefits granted by the employer or contractor, they should 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.

Yes, this leave is the right to share five days with your family in the event of the death of your spouse, permanent partner, parents, grandparents, brothers, sisters, sons, daughters, grandsons, granddaughters, grandsons, granddaughters-in-law, fathers, mothers, grandfathers, grandfathers, grandmothers, brothers, sisters, sons, daughters, grandsons, granddaughters, granddaughters-in-law, fathers-in-law, mothers-in-law, mothers-in-law.

There are legal licences to which everyone is entitled regardless of their sexual orientation and gender identity, as they guarantee the rights of children to have both parents: 

  1. Maternity leave: is granted to anyone who is pregnant and can start a few weeks before or immediately after the birth. It lasts for 18 weeks. It also applies to the partner when he or 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.
  2. Paternity leave: The partners of people who have given birth are entitled to it, so that they can also enjoy the arrival of their son or daughter. It lasts 2 weeks. The birth certificate must be presented within the following month and can be applied for by the spouse, the permanent partner and the adopting parent.
  3. Shared parental leave: Mothers and fathers may freely distribute the last six (6) weeks of the mother's leave among themselves, in compliance with the requirements established by law.
  4. Flexible licensing: the mother and/or father may opt for flexible part-time parental leave, whereby they may exchange a certain period of their maternity or paternity leave for a period of part-time work, equivalent to twice the time corresponding to the selected period of time.

Note: in cases of adoption, maternity and paternity leave apply in the same way and for the same period of time. Counted from the official delivery of the adopted child (Law 1822 of 2017 and Law 2114 of 2021).

If you are a same-sex couple and would like to know more about the possibility of accessing one of these licences, please write to us: co****************@*************sa.org

Reporting family composition is not an employment obligation, unless there are company policies on family ties. But if you want your partner, daughters, 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 who live with you.

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

Custody: is the physical custody, personal and direct care of the child. It is a right of children and adolescents, as well as an obligation of parents or guardians. legal representatives. It can be reconciled and assigned to only one parent or close relative if it is demonstrated that the other parent is not suitable for the care of the children. 

Parental authority: is the set of rights that the Law recognises to parents over their children, sons or daughters who have not been emancipated, in order to protect them without it being dependent on the existence or not of a marriage bond. The rights included in parental authority are: 1. to the usufruct of the property of the child. 2. To the administration of those assets. 3. to the judicial and extrajudicial representation of the son, daughter or child. 4. To the right of guardianship, direction and correction of the son, daughter or child. This is unwaivable, non-transferable and imprescriptible, so that parents cannot refuse their obligations towards their children. The only exception to its restriction or interruption is by judicial decision or when an adoption takes place.  

No. The basis for denying custody or depriving a person of parental authority cannot be their sexual orientation or gender identity. In order to define to whom the custody and personal care of a minor is given, when it has not been possible for the parents to reach an agreement, the ICBF or the judge must consider the best interests of the child or adolescent, depending on their age, listen to their opinion and validate their family, economic, social, psychological and cultural situation, in order to determine the most responsible and suitable adult to assume such an obligation. 

For the deprivation of parental authority, one of the grounds established by law (Article 315 C.C.) must be invoked, among which sexual orientation is not one of them:

  1. For ill-treatment of a minor.
  2. For having abandoned him.
  3. For depravity which 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 responsibility.

In Ruling T-252 of 2016, the Constitutional Court stated that it violates the Constitution to approve conditions that limit a person from developing a life project together, such as preventing a mother or father from sharing with their children because of their gender identity, their partner's gender identity or because they are of the same sex.

You can go to the Family Police Station (in contexts of domestic violence) or ICBF (other contexts of violence) of the place where the child lives or to a Conciliation Centre; these are the authorities in charge of ensuring the protection of the rights of minors when their rights are violated or threatened. 

If it is not possible for the parties to reach an agreement, the family ombudsperson (from the ICBF) or Family Commissioner will provisionally define custody (while the parties go to court). Finally, if an agreement is not possible, custody can be claimed through the courts before a family judge (Law 2126 of 2021).

In this case it is advisable to go to the Family Commissioner's Office to have custody or visiting arrangements 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).

In order to claim custody of a child, the basic document is the birth certificate. In addition, documents or witnesses must be presented to prove their suitability to take care of the child. It is also necessary, before the Family Judge, to provide a certificate of non-conciliation on custody issued by the entity before which an agreement was attempted.

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 the name of the children or adolescents, and before the marriage.

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

For equal marriage in Colombia, it is necessary, in the first place, to be Colombian or foreign couples with more than 6 months of residence in the country and to present, before a Notary or Municipal Civil Court, a request for marriage in which it is stated:

  1. Full names of the persons making up the couple.
  2. Identity documents of the couple.
  3. Places of birth.
  4. Ages.
  5. Occupations.
  6. Address or place of residence of the contracting parties.
  7. Indicate whether you have children of legal age or minors.
  8. Affirm that they have no legal impediment to marriage.
  9. That it is their free and spontaneous will to do so.

The application must be signed by both partners and, in the event that 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).

They must also present authentic copies of the civil registers of birth of the contracting parties (valid for no more than 3 months, with a valid note for marriage or as proof of civil registration), photocopies of citizenship cards or identification documents and, in the case of sons or daughters, add their civil registers of birth. If they are minors, a solemn inventory of assets must be made beforehand.

If one or both persons are foreign nationals: all documents issued abroad, in order to be valid in Colombia, must be apostilled or legalised in the country where they are issued. The documents to be included are: 

  1. Civil registry. 
  2. Certificate of unmarried status issued by the authority designated by each country.
  3. Photocopy of passport. 
  4. In the case of the existence of sons or daughters, the civil registry of their birth must be provided and if they are minors, a solemn inventory of assets must be made beforehand.

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

Note: Please note that a civil marriage is an act that can be done directly by the couple, there is no need for a lawyer to represent them.

If you are an LGBTIQ+ person and have problems getting married, please do not hesitate to write to us at co****************@*************sa.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
NotaryMunicipal Civil Court
CostThe notary's office charges for its services.Court proceedings are free of charge.
WeatherThe time it takes to perform the marriage is usually short. On average no more than 20 days, but it varies depending on the notary's schedule and the date you wish to get married.The time it takes to perform the marriage can range from one month or more depending on the workload of the court.
PlaceIt 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 marriageIt 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 yearAny 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 are told that same-sex marriage does not exist, that it is not possible to register their marriage because they do not have the form, they are offered a different form of marriage or they are asked for more requirements that hinder the process:

  1. In the case of a NotaryYou can exchange it for another one, file a right of petition for a written response and file a complaint with the Superintendencia de Notariado y Registro (Superintendence of Notaries and Registry).
  2. In case it is a courtYou can lodge a legal appeal against the court's decision. In this case it is advisable to seek legal advice.

After the Constitutional Court's ruling in 2016, it became clear that all notary's offices and municipal civil courts are under an obligation to We have the right to perform civil marriages for couples who request it, regardless of the sex of the couple. However, we are still aware of some notary's offices that have difficulties in performing the marriage, so we suggest you contact us at co****************@*************sa.org to receive advice with your process.

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

  1. The partner is a health beneficiary.
  2. In the event of the death of one of the partners, the surviving partner is entitled to receive the pension of the deceased.
  3. Sons, daughters and sons born in wedlock are presumed to be sons, daughters and sons of the couple.
  4. The spouse inherits his or her partner in the event of death, if he or she has left no children.
  5. To prove marital status without the need for witnesses or evidence in addition to the civil registration of marriage.
  6. The couple is internationally recognised as a family.
  7. From the first day of marriage, property rights arise between the couple.
  8. There is no obligation to report a crime committed by a partner.

Yes, the marriage between a person with Colombian nationality and a foreigner can take place without any inconvenience. The only thing is that, in the case of a foreigner, in addition to the birth certificate, a certificate of single status 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 any document issued abroad must be apostilled or legalised and, if it is in a language other than Spanish, it must be officially translated. In neither case is it necessary to prove residence in the country for a period of six (6) months or more.

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 may marry from the age of 18, according to Law 2447 of 2025, which prohibits underage marriage.

The cost of the marriage varies according to the authority before which it is performed (court or notary's office), and according to the place (notary's office or reception hall). As an example, it can be said that a marriage celebrated before a notary and at the notary's office, for the year 2017, has a cost of around $200,000.

The time varies depending on whether the marriage takes place in court or at a notary's office, as well as the time of year in which the marriage is to take place. On average a court marriage can take a little over 1 month and a notary marriage can take 15 to 20 days. However, it is important to bear in mind that many people like to get married during the mid or end of the year holidays, so if you plan to get married at that time it is best to check with the notary's office beforehand about the availability of the agenda. If you intend to get married in a court of law, bear in mind that they have holidays between the 20th of December and the 10th of January and that they are not open to the public on working days during Easter week.

There can be several reasons for refusing an application, including incomplete documents, lack of apostille in the case of documents from abroad, birth certificates older than 3 months[10], the existence of a previous marriage, etc. What cannot be a reason to reject the marriage application is that it is a same-sex couple or a couple consisting of one or two trans persons. See question on requirements #3

None. Even the name it receives must be the same: Marriage. If you go to a notary's office or municipal civil court requesting a marriage and the form offered to you is called by a different name, e.g. solemn partnership, partnership constitution, unnamed contract, same-sex partnership, etc. Do not accept it. Since June 2013, same-sex couples in Colombia have had equal access to civil marriage as heterosexual couples. As ratified and clarified by the Constitutional Court in 2016[11].

Between the married couple, obligations of solidarity, fidelity, care, help, support and mutual respect arise in all circumstances of life[12]. Obligations by virtue of which a husband or wife can be a beneficiary of his or her spouse in health, pensions, family allowance, be protected from becoming homeless through the protection figures created by the state such as family housing, and even claim alimony from his or her spouse in case the latter does not provide him or her with what he or she needs to live.

In Colombia, a couple united through marriage or a de facto marital union (UMH) can apply to adopt a child, without it being a reason to reject them if they are a female couple, a male couple, a couple formed by two trans persons or in which one of the members of the couple is trans. They must comply with the same requirements established by the Colombian Institute for Family Welfare (ICBF) for couples made up of a man and a woman.

In the case of a foreign couple, it is possible to marry in Colombia in two cases:

  • According to Colombian law, as long as one of the two persons is a resident of the country, i.e. has been living in Colombia and has a residence in the country[13].

See question on requirements #3

  • Before Diplomatic Agents or Consuls of foreign countries, provided that the law of their country of origin authorizes marriages before these officials; that there are no impediments to marriage under Colombian law such as a previous relationship in force, kinship, or that conjugal homicide has been committed between the couple who intend to marry. Additionally, this marriage must be registered in the Civil Registry within five days of the date of celebration[14].

So if you are a tourist couple who wish to get married during your holiday in accordance with Colombian law, unfortunately, it is not possible.

Marriage by church or whatever religious creed the couple professes is outside the intervention of the state. In other words, in these cases, whether a same-sex couple can marry depends on the rules that each religious creed has in relation to marriage; for example, the Presbyterian church accepts marriage between same-sex couples, while the Catholic church does not.

Yes, transgender people can marry in Colombia just like any other couple. In fact, in the SU-214 judgment of 2016, the Constitutional Court analysed a case of a couple in which one of the partners was transgender and protected the couple's right to unite on equal terms. Denying marriage to a couple on the basis of the gender identity of one or both partners is discrimination. See question on requirements #3

The decision to marry or not to marry is the couple's decision. If your concern is about which of the two bonds gives you more protection as a couple, that would be marriage. However, it is best to analyse each individual case, and the objective you would seek with marriage.

Yes, as long as it is with the same partner you can get married without any inconvenience. Bear in mind that if you want the assets acquired before the marriage, during the de facto marital union - UMH, to form part of the marital partnership, you can previously declare, by public deed, that you have had a de facto marital and property partnership between you and that you want the assets forming part of the property partnership to enter the marital partnership that arises with the marriage. This deed is called "declaration of assets of the undeclared or unliquidated de facto marital property partnership that enter into the marital partnership". In this deed an inventory of the existing assets must be drawn up.

Yes, in the case of persons separated from a previous marriage, it is necessary to provide the civil registry of the previous marriage with the annotation of the divorce for the new marriage. See question on requirements #3 If the separation is from a previously declared União Marital de Facto (UMH), it is advisable to provide a copy of the deed of cessation of civil effects of the UMH or an extrajudicial declaration of the termination of the UMH.

In the case of marriages performed abroad, it is not necessary to remarry in Colombia, it is sufficient to register the marriage in Colombia. To register the marriage, the couple or another person can go to a notary's office, the Civil Registry Office or a Colombian consulate abroad and request the registration of their marriage in the civil registry, providing the following documents:

  • Original of the civil registry of the marriage, marriage certificate or its equivalent issued by the authority before which the marriage was performed abroad.

Document that must be apostilled or legalised.

  • Copy of the identity documents of the couple with which they identified themselves in the marriage and the Colombian identity document.

Note: If you are told that this registration can only be done at the First Notary's Office, this is not true. Since 2010, all acts, facts and orders that must be registered in the civil registry or that affect it can be registered in any office authorised to carry out the civil registry function in the national territory or in Colombian consulates abroad[15].

Yes, since the civil registry of marriage is the document through which in Colombia the marriage bond is proved. That is to say that the proof of marriage is not the deed that is signed in the notary's office or the judicial act when it is done in court, these are documents that serve as support for the civil registration of the marriage. The civil registration of marriage is the document that will be requested by any institution before which they request to be recognised as spouses, for example: pension application, inheritance, visa procedures, among others.

It is a figure that seeks to guarantee that the assets of a minor or an adult against whom the administration of his or her assets is exercised, do not enter the new property company that will be formed by his or her father, mother or legal representative through a new marriage[16] or de facto marital union[17]. If there are assets, it is called a solemn inventory of assets; if there are no assets, it is called a declaration of non-existence. The procedure itself consists of appointing a lawyer (special guardian) to represent the minor children of the person who is getting married or being united. The lawyer who, by means of a public deed acting on behalf of the minors, will carry out the inventory of the assets or will declare the non-existence of the assets. Note: If the minor is a common child of the couple who intend to marry or declare a common-law marriage, neither the inventory nor the declaration of non-existence of the assets is required.

The solemn inventory of assets or the declaration of non-existence can be made before a family court or a notary's office. In the case of going to court, an application is filed requesting the appointment of a special guardian, who will then carry out the solemn inventory or declare the non-existence of the assets in a notary's office by notarial deed. If the procedure is carried out at a notary's office, the father or mother of the minor or the legal representative of the adult to whom the assets are administered must be present:

  • An application including the following information:
    • Notary to whom it is addressed
    • name, surname, first name, identity card number, place of birth, age, occupation and address of father or mother
    • name of minor children
    • in the case of assets, a list of the assets of the minor being administered should be included, indicating the assets (in the case of real estate, identifying them by their location, address, real estate registration number and cadastral identification number; in the case of movable assets, their characteristics, quantity, quality, or measurement, etc.) and their value.
    • If there are no assets in the name of the minor children, this should be expressly stated.
    • the request for the appointment of the special guardian
  • Original copy of the birth certificate of the minor children with a note of validity to prove relationship.
  • In the case of minors who have property, documents proving ownership of the property must also be provided.
The time to perform the marriage or the declaration of the common-law marriage is 6 months from the drawing up of the public deed of the solemn inventory of assets or the declaration of non-existence.

In this case, you should go to the notary's office where the marriage took place and ask for it to be processed as a marriage. The Solemn Union was a contract created by the Notaries, which does not offer any kind of protection to the couples who entered into it, as it does not appear in any legal provision and does not generate concrete legal effects. In the words of the Constitutional Court, through this type of contract "(i) a family is not formally constituted; (ii) the duties of fidelity and mutual support do not arise; (iii) the contracting parties do not modify their marital status; (iv) a marital partnership is not created; (v) the contracting parties do not enter into the respective inheritance order; (vi) it is impossible to enter into capitulations; (vii) there is no clarity as to the nature of the contract; (viii) the contracting parties do not enter into the respective inheritance order; (viii) it is impossible to enter into marital contracts; (viii) it is impossible to enter into marital contracts; (vii) there is no clarity about the grounds for termination of the relationship between the contracting parties; (viii) if they were to establish their residence in other countries, the respective authorities would not provide them with the legal protection that spouses have for the solemn union, since they do not recognise the effects that they have in our legal system; and (ix) in tax matters, certain benefits could not be invoked for having a spouse or permanent partner. In conclusion, no solemn unnamed or atypical contract, entered into between same-sex couples, could produce the same personal and patrimonial effects as a civil marriage". SU214-16

It is advisable to withdraw the application together with the documents and change notary's office. You can also file a complaint with the Superintendencia de Notariado y Registro (Superintendence of Notaries and Registry) informing them of the situation with the Notary Office. We would also be grateful if you could inform us of your experiences with the Notaries or Courts at the following e-mail address fa*****@*************sa.orgThis way we can know whether or not the orders of the Constitutional Court are being complied with. [1] Constitutional Court sentences C-577 of 2011 and Su-214 of 2016 [2] Colombian law applies to both nationals and foreigners residing in Colombia (art. 18 of the Civil Code) Civil Code, article 80. . On the contrary, the intention to remain and settle in a place is presumed by the fact of opening in it a shop, apothecary, factory, workshop, inn, school and other durable establishment, to administer it in person; by the fact of accepting in said place a fixed employment of what is regularly conferred for a long time; and by other analogous circumstances. Treaty of Montevideo, Law 33 of 1992, establishes that "The capacity of persons to contract marriage, the form of the act and the existence and validity of the same, are governed by the law of the place where it is celebrated". (Argentina, Bolivia, Colombia, Paraguay, Uruguay and Peru) [3] In municipalities with more than one judge, the application is not submitted directly to the court but to the distribution office, which randomly assigns the judge who will hear the application. [4] 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. [5] Law 962 of 2005. of************************@****************ov.co [7] Constitutional Court. Ruling SU-214 of 2016. http://www.corteconstitucional.gov.co/relatoria/2016/su214-16.htm [8] http://www.cancilleria.gov.co/tramites_servicios/visas/categorias/residente/re [9] http://www.cancilleria.gov.co/tramites_servicios/visas/categorias/temporal/tp10 [10] Law 962 of 2005. Article 21. Paragraph: "Copies of the civil registry of birth shall be fully valid for all purposes, regardless of the date of issue. Consequently, no public or private entity may require this document with a specific date of issue, except for the processing of pensions, affiliation to the social security system for health, professional risks and pensions and for the celebration of marriage, events in which the corresponding civil registry may be requested with an updated date of issue, in no case less than three (3) months". [11] http://www.corteconstitucional.gov.co/relatoria/2016/su214-16.htm [12] Article 176 of the Civil Code states: "ARTICLE 176. OBLIGATIONS BETWEEN SPOUSES. Modified art. 9, Decree 2820 of 1974. The new text is as follows: The spouses are obliged to keep faith, to help and assist each other in all circumstances of life". [13] Colombian law applies to both nationals and foreigners residing in Colombia (art. 18 of the Civil Code) Civil Code, article 80. . On the contrary, the intention to remain and settle in a place is presumed of course, by the fact of opening in it a shop, apothecary, factory, workshop, inn, school and other durable establishment, to administer it in person; by the fact of accepting in said place a fixed employment of what is regularly conferred for a long time; and by other analogous circumstances. [14] Law 266 of 1938. Whereby the celebration of marriages of foreigners before their respective Diplomatic Agents or Consuls is authorised. [15] Law 1395 of 2010. Article 118. [16] Civil Code. Articles 169 and 170. [17] Decree 2817 of 2006. Article 7.

Child support should cover children up to the age of 21 or 25 if you are still in education and cannot support yourself. If you are denied, you can initiate a child support enforcement proceeding to have the person who is obligated to pay child support meet his or her obligation by seizing his or her income or assets. Your sexual orientation or gender identity does not excuse either of your parents from fulfilling their obligations.

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 write to us at co****************@*************sa.org

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

Since Law 2388 of 2024 recognised the foster family, if the cohabitation lasted for at least 5 years and created family ties, the possibility of establishing obligations derived from this link could be reviewed.

The first step is to attempt a conciliation to set a maintenance quota with your partner. If conciliation is not possible, you can file a maintenance claim against him or her. In addition, if you have already fixed a maintenance quota and your partner or ex-partner fails to pay it when he or she is in a position to do so, you can initiate an enforceable maintenance claim and report him or her criminally for non-payment of maintenance.

Yes, maintenance obligations also exist between same-sex partners and therefore enforcement actions such as criminal complaints for non-attendance and the setting of a maintenance quota are also applicable. 

Note: Between partners (when there is a marriage or common-law marriage), maintenance can be requested when one of the partners does not have sufficient resources for his/her subsistence and his/her partner, having sufficient resources, does not contribute, regardless of whether they are united or in the process of separation.

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 couples, when one partner dies, the surviving partner is entitled to claim the pension to which the deceased partner was entitled or the contributions he or she had made, if he or she did not meet the pension requirements.

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

  1. Copy of the death certificate of the deceased.
  2. Birth certificate of the applicant or copy of the baptismal certificate, if born before 1938.
  3. Copy of the identity card of the person requesting the pension increased to 150%.
  4. Copy of the civil registry of marriage or of the declaration of the common-law marriage. If you have not declared your partnership, you can submit an extrajudicial declaration from the interested party and third parties, in which you state that you have known about the cohabitation of the couple, as well as the length of the cohabitation (from - to).

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. 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 pension requirements.

If you are denied the right to a pension on the grounds of your gender identity and/or sexual orientation, you can appeal the decision of the pension fund denying you the right to a survivor's pension. It is advisable to consult with a legal professional as soon as possible in order to prepare the appeal. Please note that you have 10 days to file an appeal after you are informed of the denial. If the time for appealing the decision of the employee pension fund has already expired, it is possible to go to court, which requires the assistance of a lawyer.

Yes, you can prove that you are living together as a common-law couple (UMH) using all the means of proof available to you. For example, through extrajudicial statements from third parties who are witnesses to your relationship, photos, your affiliation as a beneficiary of health services, the fact that you have had children together, among others.

A requirement for receiving the pension of the deceased is to have lived with the person for the last 5 years, so only if this condition is met before the death, you could 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, as long as they are in one of the following situations:

  1. Simultaneous cohabitation of the deceased with his or her 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.
  2. Simultaneous cohabitation of the deceased with two or more permanent partners, which 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.
  3. Cohabitation only with a permanent partner, but with a valid marital relationship, whereby 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, according to Judgment T-002 of 2015 and T-90 of 2016.

In case you need more information, do not find an answer to the situation you are experiencing or have further questions about your case, please write to us at co****************@*************sa.org.

To register the mother or father who does not appear in the civil registry of birth, 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 the authority you went to and what your experience was like by sending us an e-mail to co****************@*************sa.org. This is in order to find out how the Constitutional Court's orders are being implemented.

The surnames will be in the order chosen by the mother or father couple. According to the Sole Civil Registry and Identification Circular version 9 of the National Civil Registry Office, the person in charge of the Civil Registry must ask the couple the order in which they prefer the surnames to be registered in accordance with the provisions of Law 2129 of 2021, which establishes the rules for the order of surnames.

These are two different situations. The registration of dual maternal or paternal filiation in the civil registry of birth is about 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 is the product of a previous relationship. In order for the current couple to establish a bond with the child, they must go to the ICBF to apply for a joint adoption, according to the Constitutional Court's decision C-071 of 2015. In other words, the registration in the civil registry of birth of both mothers or fathers only applies to those children conceived within a couple who jointly decided to have the child, since otherwise it is not possible to apply the presumption of filiation.

The requirements for registration in the civil registry of birth of the second maternal or paternal filiation, in the case of same-sex couples, are required: 

  1. Yes no has been civil registration has been carried out The child must be presented with: 1. 2. Certificate of live birth or declaration of two witnesses to the birth. 3. Copy of your identity documents, indicating under oath that the child was born into your common-law marriage or marital union. 
  2. Yes already has a civil registry If you have a birth certificate in which only one parent is listed, you must: 1. Indicate the civil registry number of the child's birth. 2. Provide a copy of their identity documents, indicating under oath that they were born into a common-law marriage or marital union.
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.
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.

No. The only documents they can request are those listed above and they cannot request additional requirements for the sake of greater certainty. According to the Constitutional Court, a registration procedure must be carried out in a simple manner; otherwise the best interests of the child, his or her right to nationality, personality and to have a family would be affected.

The National Registry of Civil Status establishes that "the affirmation made by the parents of the minor of the existence of the link will be sufficient, so that the general requirements established by law are acted upon and applied on equal terms" (Circular Única de Registro Civil e Identificación version 9).

Yes. The Civil Code, in Article 213, states that: "a child conceived during marriage or de facto marital union has as parents the spouses or permanent partners, unless proven otherwise in a paternity investigation or paternity contestation process". Thus, 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 persons should be registered in the civil registry of birth.

You can file a complaint with the National Registry of Civil Status, the Superintendence of Notaries and Registry, as well as with the Ombudsman's Offices for Constitutional and Legal Affairs and for Children, Youth and Elderly of the Ombudsman's Office, all of which were invited by the Constitutional Court to monitor compliance with SU-696 of 2015. Additionally, you can tell us about your case at co****************@*************sa.org to receive legal advice.

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 translated if it is issued in a language other than Spanish. Copies of the mothers' or fathers' identification documents must also be attached.

Marital partnership is the term by which the law refers to the property and debts that a couple has acquired or brought into the marriage and which, in the event 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. Law 54 of 1990 establishes the term of 1 year. to obtain the dissolution and liquidation of the property partnership between permanent partners, from the physical and definitive separation of the partners, from the marriage with third parties or from the death of one or both partners.

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).

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 both 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, while the other has devoted himself or herself to housework with a lower or no 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 property partnership (UMH) or the liquidation of the marital partnership (marriage) by mutual agreement can be carried out before a notary's office or the 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. Keep in mind: the dissolution 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 the existence of children, minor or adult children who are financially 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 settlement, the way in which the obligations regarding care, maintenance and visits will be assumed. 

Note: Children, sons and daughters are not entitled to the assets of the marital or community property.

Talking about benefits is complex, as they will depend on the purpose pursued by each couple or person at the time of considering the procedure. However, it can be said that the main effect of the liquidation of the partnership is that part of the assets and debts must be assumed by each of the partners, and that from the moment of liquidation onwards the assets acquired by each person will be exclusively theirs, 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), representation by a lawyer is necessary. 

Note: Even if a lawyer is not necessary 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.

This 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, heiresses or those whom 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 permanent partners inheriting was only recognised until 2012 by the Constitutional Court in judgment C-238 of 2012. 

Note: the succession does not affect the right to 50% held in the assets and debts that make up the marital (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 deceased will enter the succession. Please note that in the case of permanent partners it is necessary that the UMH has been declared in order to be able to participate in the succession. If this has not been done, the surviving partner has one year from the death of the partner to initiate the actions for the declaration of the UMH and the liquidation of the patrimonial partnership. If the year has already elapsed since the death of the partner, the surviving partner can no longer claim his or her entitlement to the 50% of the property partnership, but can participate in the succession as heir or as surviving partner.

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 mutually agreed or not, representation by a lawyer is required.

You can intervene in the succession that your relatives 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, as it 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 time limit established by law for the succession to be carried out. However, it is suggested to do it as soon as possible in order to avoid difficulties in relation to the administration of the assets and the possibility of one or more 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 patrimonial partnership must be initiated in the year following the death of the partner. Although there is no time limit for initiating the succession, in the case of the UMH there is one (1) year to claim the right to the 50% of the patrimonial partnership.

When there are children, sons or daughters and the person who died did not make a will, their offspring are the only persons who can inherit the deceased's property. Note that sons and daughters do not affect the right of the spouse, partner or life partner to inherit the 50% of the marital (marriage) or property (UMH) partnership. On the other hand, in the event that there are no assets in the marital or property partnership, it is possible that the surviving person may choose to waive his or her rights in the property partnership and claim the marital portion instead.

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 in their representation. 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 marriage register 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, you must go, through a lawyer, before a family judge to declare the common-law marriage. 

Note: for more information on how to declare a common-law marriage, please refer to the specific question.

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 advisable to seek the advice of a family lawyer for the writing of the will.

The De Facto Marital Union (UMH) 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, in order to take care of and protect each other. The name de facto marital union is due to the name given by the law that establishes that their Formal declaration is made through a public deed, deed of conciliation or court judgement..

It is a figure that recognises the existence of family ties based on 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 deed or court ruling, additionally allows couples living in cohabitation to have access to legal protection mechanisms such as family assets, the allocation of family housing, to have the status of heir or heiress and to receive the marital portion in the event of the death of one of the partners. In addition, the right to claim alimony, 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: A declaration by the UMH is not required for the partner to be included as a beneficiary in the health or pension scheme, but it is sufficient to submit an extrajudicial declaration of cohabitation. A declaration by the UMH is also not necessary to claim a survivor's pension, 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

MarriageUnincorporated Marital Union (UMH)
StartFrom the signing of the marriage contract.From the first day of living together.
To whom it is madeMunicipal 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 membersSpouses, husbands or wives.Partners, partners or permanent partners.
Means of proofWith the civil registration of marriage.By public deed, deed of conciliation or court judgement.

In the case of a judgement, the process can prove cohabitation with witnesses, documents or whatever is necessary to prove cohabitation. 

In the case of health and pensions it can be proved by testimonies or extrajudicial statements.

Patrimonial effectsFrom the moment of the celebration of the marriage.They are presumed after 2 years of cohabitation.
Capitulations

(This is an agreement in which the couple establishes which assets are part of the property partnership or the applicable property regime).

Marriage contracts can only be made before marriage.Marital contracts can be made before the start of cohabitation and up to 2 years of cohabitation.
International recognitionIn general, marriage is recognised abroad.It is limited to Colombia and its recognition abroad depends on its resemblance to some form of Colombian law.
PrevalenceMarriage takes precedence over UMH. Where a previous union exists, marriage terminates it.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 actionActions 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 1 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 related to the separation of assets (liquidation of the patrimonial partnership).
Note: 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, when a foreigner holds a type M visa as the partner of a Colombian national, he/she must take into account several important differences compared to other visas for family ties:

  1. In order to be able to apply for this visa, it is compulsory to prove the common-law marriage, and the document that proves it must have been formalised at least one (1) year before submitting the application to the immigration authority.
  2. Unlike the type M visa as a spouse, which is granted for a period of up to three (3) years, the type M visa for Common Law Marital Union is granted for only one (1) year. Each year a new visa application must be submitted, demonstrating once again that the Common Law Marital Union is still in force and that the conditions that gave rise to the visa are maintained.

It is important to clarify that, although the visa is requested on an annual basis, the time spent with this visa is accumulated for the purpose of applying for the resident visa (type R). Once the foreigner completes five (5) continuous years with a type M visa as a permanent partner, he or she may apply for residency, as long as the union continues to be in force and the other legal requirements are met. For more information, please consult: https://www.cancilleria.gov.co/visas/larga-estancia 

In order to declare the existence of a common-law marriage, it is necessary, first of all, to be a Colombian or foreign person with residence in the country and to present it before a Notary or Conciliation Centre:

  • 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.
    • Domicile 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 their 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. 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. Keep in mind that all documents issued abroad, in order to be valid in Colombia, must be apostilled or legalised in the country where they are issued.

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

Note: the document that is issued at the notary's office or conciliation centre, after declaring the UMH, is a public deed (in the case of the notary's office and is not an extrajudicial declaration) or a deed of conciliation (in the case of the conciliation centre). Either document must be signed by the couple jointly and have the same legal recognition.

The Common Law Marital Union, as well as being established by cohabitation, 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 public deed.
  • The death of one or both partners.
  • The marriage of one or both partners to persons other than those who form part of the property partnership.
  • Court ruling.

Please note that if the UMH has not been previously declared, it must first be declared and then dissolved. This can be done in the same document, it is not necessary to do them separately. 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). In addition, remember that after the physical and definitive separation of the permanent partners, marriage with a third party or the death of one or both partners, the UMH can be dissolved. only 1 year old pto initiate proceedings to claim the separation of property. 

Note: The legal procedure to terminate the UMH is called Cesación de Efectos Civiles de la Unión Marital de Hecho and can be done by notary, by mutual agreement, or by court, when the couple does not agree.

In general, the conditions that must be proven in order for a de facto marital union to be considered to exist are that:

  • Whether between an adult couple: two cisgender men, two cisgender women, one trans man and one cisgender woman, one trans woman and one cisgender man, two trans people, one cisgender man and one cisgender woman.
  • The partners are not married.
  • A permanent and unique community of life would have been formed between the couple (limited to 2 persons).
  • The existence of an affective and economic relationship.

Please note: the UMH does not require the relationship to be well known. In other words, the existence of the UMH cannot be denied because neighbours, relatives or friends knew that the couple was a couple.

We know that there are cases in which some of these conditions may be flexible, so if you need more information, if you do not find an answer to the situation you are experiencing or if you need legal support, please write to us at co****************@*************sa.org

The existence of the UMH can be proved through the means available to each person. For example, testimonies, documents, photos, etc. If the UMH has been declared, the evidence is the deed of declaration of UMH, the deed of settlement or the court judgement. Additionally, in the case of an application for a survivor's pension, the status of permanent partner can be demonstrated through extrajudicial declarations, in accordance with Law 54 of 1990, as amended by Law 979 of 2005. 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, which randomly assigns the judge who will hear the application. 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 (Law 962 of 2005).

In case you need more information or have further questions, please write to us at co****************@*************sa.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 prevent them from happening again.

Domestic violence is committed through acts such as those listed below, 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/or 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 in the locality or municipality where you live and request an immediate protection measure to stop the violence, abuse or aggression. Or to prevent it when it is imminent.

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

  1. Report 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 difficulty is that the more time has passed, the more difficult it is to prove that a crime has been committed against you.

Note: Domestic violence is a crime considered by our legislation as particularly serious, so that once the complaint has been filed, whether you like 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. When his presence constitutes a threat to the life, physical integrity or health of any of the members of the family, order the aggressor to vacate the house or room he shares with the victim.
  2. 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. 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. Obligation to attend re-educational and therapeutic treatment in a public or private institution offering such services at the offender's expense.
  5. If necessary, the offender shall be ordered to pay the costs of legal, medical, psychological and psychological counselling and advice required by the victim.
  6. Where the violence or abuse is serious 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. Order the police authority, at the victim's request, to accompany her back to her place of residence when she has been obliged to leave in order to protect her safety.
  8. Provisionally decide the visiting arrangements and the custody and guardianship of the children, if any, without prejudice to the civil jurisdiction of other authorities, who may ratify this measure or modify it.
  9. Suspend the aggressor from possessing, carrying and using weapons. In case they are indispensable for the exercise of his profession or trade, the suspension shall contain the reasons for the decision.
  10. 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. 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 this measure or modify it.
  12. Prohibit the aggressor from carrying out any act of alienation or encumbrance of his property subject to registration, if there is a marital or patrimonial partnership in force. For this purpose, the competent authorities shall be notified. This measure shall be ordered by the judicial authority.
  13. Order the offender to immediately return personal belongings, identity documents and any other documents or objects owned or held by the victim.
  14. 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 fa*****@*************sa.org For more information on the procedure, 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 in, or if you have already taken any of these steps, please write to us at co****************@*************sa.org

Migration

No. In Colombia, sexual orientation and gender identity cannot be used to deny a visa. The law requires that all persons be treated equally, without discrimination, during procedures before Migración Colombia and the Ministry of Foreign Affairs.

While a procedure is being carried out before the competent authority, the person is guaranteed the right to be treated with dignity and free from discrimination, as well as to receive clear, sufficient and timely information on the status of their process. To learn more about all the rights to which you are entitled, please consult the following link:  https://www.migracioncolombia.gov.co/sites/unidad-administrativa-especial-migracion-colombia/content/files/002225/111223_cartilla-pedagogica-espanolj2b2-sencillo.pdf

The general requirements for any type of Colombian visa, in accordance with Resolution 5477 of 2022, Resolution 10434 of 2023 and other concordant norms, are: 

  1. Fill in the electronic form on the official website. https://tramitesmre.cancilleria.gov.co/tramites/enlinea/solicitarVisa.xhtml 
  2. Submit a recent digital photograph, in colour, white background and complying with the technical specifications.
  3. Provide a valid passport or travel document, valid for at least six (6) months, in good condition and with a copy of the front page.
  4. If the application is made in Colombia, present a copy of the entry stamp, authorisation from Migración Colombia or a laissez-passer proving regular stay.
  5. If the application is made in a third country, proof of stay or regular migratory status in accordance with the local regulations.

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

Notefor more information, please consult the Chancellery's web site https://www.cancilleria.gov.co/tramites_servicios/visa

The visa that a foreign person must apply for to live in Colombia as a partner, companion, permanent partner or spouse of a Colombian person is the M (Migrant) visa. Before 2 August 2017, this category corresponded to the TP-10 visa. This visa is granted to foreigners who wish to stay in Colombian territory with the intention of settling with their Colombian partner, proving the corresponding link, either marriage or de facto marital union.

In the case of de facto marital union, the document accrediting it must have been formalised for more than one (1) year at the time the application is submitted. The visa is granted for a period of one (1) year and, before the end of its validity, it must be applied for again, proving once more the existence and validity of the union, under the same initial procedure.

On the other hand, when the link is accredited through marriage with a Colombian person, the M type visa is granted for a term of up to three (3) years, in accordance with the migration regulations in force, and the obligation to accredit the validity of the marital link is also maintained.

The M type visa authorises its holder to work freely in Colombia, either independently or under an employment contract, and to carry out any lawful activity within the national territory.

Resolution 5477 of 2022 of the Ministry of Foreign Affairs, in its Article 68, establishes the following specific requirements in relation to the M visa: 

  1. Document accrediting the de facto marital union: public deed, court order, conciliation act or certificate of validity issued within the last three months, whose formalisation is more than one year old at the time of the application.
  2. Document valid under the law of the country where the union was declared, with the formalities required for foreign documents, when the application is submitted to consular offices.
  3. Letter signed by the Colombian partner requesting the visa, declaring stable, unique and persevering cohabitation, as well as the commitment to inform of any change, with a simple copy of the citizenship card and contact details.
  4. Possibility for the visa authority to require additional evidence or to call for a face-to-face, virtual or telephone interview.
  5. Special power of attorney granted to the foreigner, with diligence of recognition of signature and content before a notary or Colombian consul.
  6. Certificate of migratory movements of the foreign applicant and his or her Colombian partner, issued by Migración Colombia.

The cost of the procedure is regulated by the Ministry of Foreign Affairs. To know the updated value, consult the official information published on the website of the entity: https://www.cancilleria.gov.co/tramites_servicios/visa

If the relationship that gave rise to the visa application ends, the person must inform Migration Colombia. This does not automatically imply the loss of migratory status, as it is possible to request a change of visa type or regularise the situation by another route, guaranteeing due process and respect for acquired rights.

The Chancellery could deny a visa even if all the required documents are provided, since the regulations grant it a discretionary power in these procedures, in accordance with Resolution 5477 of 2022 issued by the Ministry of Foreign Affairs. However, it is essential to specify that this discretion is not absolute and is limited by respect for due process and fundamental rights.

The Constitutional Court has been clear on this point. In Ruling T-959 of 2000, it established that the authority cannot disregard the right of Colombian citizens to form and protect a family. Similarly, Judgment T-250 of 2017 warned that discretion is not equivalent to arbitrariness and that every decision must have at least a minimum and reasonable motivation. Ruling T-956 of 2013 reiterated that even in discretionary spheres, due process must be respected, and Ruling SU-397 of 2021 reinforced the idea that the State's migratory power must be exercised within the constitutional framework, weighing human dignity and family unity.

The jurisprudential rule is that tutela is a mechanism that should be used when irremediable harm is being caused. Otherwise, to challenge decisions of this type, it is necessary to go to the jurisdiction of the contentious-administrative courts. For more information on the procedure, requirements and visa application, please consult the website of the Ministry of Foreign Affairs.: http://www.cancilleria.gov.co/tramites_servicios/visa 

In case you need more information or if you do not find an answer to your situation, you can write to us at co****************@*************sa.org

Yes. Every migrant or refugee claimant has the right to access health services without discrimination, in accordance with the Political Constitution and the Statutory Law on Health (Law 1751 of 2015).

Persons with regular migratory status can be affiliated to the General Social Security Health System.

Persons in an irregular migratory situation have the right, as a minimum, to receive emergency care, regardless of their migratory status. This right includes referral to specialised services, care for serious or catastrophic illnesses, urgent medical procedures and the provision of medicines, when life, integrity or human dignity is at risk, in accordance with Constitutional Court Ruling T-120 of 2022 and human rights standards.

Yes, Decree 0089 of 2025, issued by the Ministry of Foreign Affairs, authorises asylum seekers to work legally in Colombia, once they have the SC-2 laissez-passer issued by Migration Colombia. This measure guarantees the right to work, to a minimum standard of living and to social and economic integration.

Yes, persecution based on sexual orientation, gender identity or gender expression is a recognised ground for requesting refuge, as it falls within the framework of belonging to a particular social group, in accordance with the 1951 Convention, the 1984 Cartagena Declaration, UNHCR standards and Colombian constitutional jurisprudence. Colombia recognises that discrimination, violence and criminalisation against LGBTIQ+ persons can constitute serious persecution leading to forced international displacement. However, each case must be analysed individually.

Refugee status may be claimed by any foreign national who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside his or her country of origin and is unable or unwilling to avail himself or herself of the protection of that State, in accordance with the 1951 Convention relating to the Status of Refugees and Decree 1067 of 2015.

Likewise, those who have fled generalised violence, internal armed conflicts, foreign aggression, massive human rights violations or other circumstances that seriously disturb public order, in accordance with the expanded definition of the 1984 Cartagena Declaration, adopted by the Colombian State, may also request refuge.

Yes, Venezuelan nationals, in accordance with Resolution 971 of 2021 of Migration Colombia, may request a change of name and gender in the PPT by means of a sworn statement before a notary, executed in a public deed, in which they state their intention to modify these data in accordance with their gender identity.

With the public deed, he/she may apply to the migration authority for the correction of the name and gender in the PPT, having to assume the cost of the new document, as established in article 23 of said Resolution. This procedure guarantees the right to free development of personality, identity and non-discrimination.

Peace and Conflict

Comprehensive reparation includes measures of restitution, satisfaction, rehabilitation, compensation and guarantees of non-repetition, which consist of actions that seek to ensure that the acts of violence do not happen again.

These are measures aimed at restoring victims' rights, 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 act suffered and how many acts have been committed against each victim, the maximum being a compensation of 40 minimum wages.

HomicideUp to forty (40) smlmv
Enforced disappearanceUp to forty (40) smlmv
AbductionUp to forty (40) smlmv
Injuries leading to permanent disabilityUp to forty (40) smlmv
Injuries not causing permanent disabilityUp to thirty (30) smlmv
Torture, inhuman and degrading treatment or punishmentUp to thirty (30) smlmv
Offences against sexual freedom and integrityUp to thirty (30) smlmv
Illegal recruitment of children and adolescentsUp to thirty (30) smlmv
Forced displacementUp 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.

Although the main role of the SJP is to guarantee the victims' right to justice, reparation plays an essential role in restorative justice, as it seeks to heal the harm caused. In this sense, those who appear before the SJP (former members of the FARC, members of the security forces, State agents) and who wish to obtain and maintain the benefits of this judicial system must contribute to guaranteeing the rights of the victims by providing the truth about the facts, acknowledging their responsibility, contributing to their reparation and fulfilling the commitment to non-repetition. 

It is for this reason that those who appear before the SJP must carry out reparative and restorative measures in order to fulfil their commitment to contribute to the reparation of the victims and the communities affected by the armed conflict. Additionally, those participants who are determined by the SJP to be those most responsible for the facts, who recognise their responsibility and contribute to the truth, will be sanctioned with restorative sanctions, known as Works, Works and Activities with Reparative Content (TOAR), which may include actions that dignify the victims of the armed conflict, that contribute to the recovery of the memory of the affected communities, that rebuild the infrastructure, that recover the ecosystem, among others. 

Therefore, in addition to the fact that LGBTIQ+ victims have a process of individual and collective administrative reparation that is being carried out by the Victims Unit, within the framework of the SIVJRNR, progress must also be made in measures that contribute to their reparation. 

In addition to the comprehensive reparation measures contemplated in Law 1448 of 2011 for victims of the armed conflict, it is important to mention that with the signing of the Peace Agreement between the national government and the FARC-EP in 2016, the Comprehensive System of Truth, Justice, Reparation and Guarantees of Non-Repetition (SIVJRNR) was created, which consists of a set of judicial and extrajudicial mechanisms created with the aim of guaranteeing the rights of victims and contributing to the construction of a stable and lasting peace. The mechanisms created are:

  • Special Jurisdiction for Peace (judicial mechanism): transitional tribunal that investigates, tries and punishes those most responsible for the most serious crimes committed during the armed conflict. 
  • Unit for the Search for Missing Persons (extrajudicial mechanism): entity that leads the implementation of search actions with the objective of finding persons reported missing in the framework of the armed conflict before 1 December 2016.
  • Truth Commission (extrajudicial mechanism): entity in charge of clarifying the patterns and causes of the internal armed conflict in Colombia based on a broad and plural participation process, promoting the recognition of what happened and coexistence at the territorial level, laying the foundations for non-repetition and satisfying the right to truth of the victims and society. 
  • Comprehensive reparation measures: one of the pillars of the SIVJRNR is the strengthening of public policy for the attention and comprehensive reparation of victims, for which it is necessary for the entities that make up this system to coordinate with the entities of the National System of Attention and Comprehensive Reparation for Victims (SNARIV).

Yes. Law 1448 of 2011, known as the law on victims and land restitution, states in Article 3 that persons who have suffered harm as a result of the armed conflict since 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 its Article 6, this Law defines that all the measures it contemplates are covered by a criterion of equality, which means that they will be recognised for all victims, without any distinction based on gender or sexual orientation, among others.

Depends. Firstly, it is essential to note that Law 2421 of 2024 amended Law 1448 of 2011, including Article 155 which established the deadlines for registration in the Single Register of Victims. In this sense, article 155 of Law 1448 of 2011, modified by Law 2421 of 2024, established new deadlines for registration in the Single Registry of Victims, such that: "Victims must submit a statement to the Public Prosecutor's Office within four (4) years of the enactment of this law for those who have been victimised prior to that time, and within three (3) years of the occurrence of the act for those victimised after the law came into force".
This article also establishes that persons who consider themselves victims according to the definition in article 3 and whose application for inclusion in the Unified Registry of Victims has been denied for having made a declaration out of time, may submit their declaration within 24 months of the enactment of the Law, that is, until 22 August 2026.

It follows from the above that those persons who are victims of the armed conflict before the enactment of Law 2421 of 2024, i.e. before 22 August 2022, have a period of 4 years from this date to submit their statement to the Public Prosecutor's Office. Those persons who are victims of the armed conflict after 22 August 2022 have a period of 3 years from the date of the victimising event to make their statement. Additionally, those persons who consider themselves victims whose inclusion in the Unified Registry of Victims has been denied because they have submitted their statement out of time, may also submit their statement until 22 August 2026. 

Finally, it is important to remember that according to paragraph 3 of article 154 of Law 1448 of 2011, which was modified by article 48 of Law 2421 of 2024, victims who are recognised as victims in the framework of the proceedings before the SJP will be included in the Single Registry of Victims when they are not part of it, for which the Special Administrative Unit for the Attention and Integral Reparation of Victims will agree with the SJP the procedure for their inclusion in the Registry.

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.

Health

The rights as a patient are dignified treatment, the right to information, confidentiality and quality. They also have the right to receive health care without discrimination based on sexual orientation, gender identity or gender expression. Specifically, and according to Law 1751 of 2015: 

  1. Timely, continuous and comprehensive access to the services necessary to prevent, diagnose, treat and rehabilitate the patient's health. 
  2. Access without unjustified barriers to timely, continuous and quality health services. 
  3. I treat with respect and with a human rights approach. This includes non-discrimination.
  4. Clear and sufficient information on diagnosis, alternatives, risks, prognosis and management plan, in language understandable to each patient.
  5. The right to receive clear and sufficient information about the diagnosis, alternatives, risks, times, costs and care pathway. 
  6. Informed consent for procedures and treatments when conscious to give it.
  7. Confidentiality and confidentiality of medical records and sensitive information, with controlled access and delivery of copies as required by law. 
  8. No exposure to unwarranted risk and safe care. 

In Colombia, the right to health is a fundamental right. Every patient has the right to receive care on equal terms, without stigma or prejudice. In Law 1551 of 2015, accessibility expressly includes non-discrimination, specifically targeting groups that have been discriminated against. The Constitutional Court (judgment T-033 of 2024) has reiterated that accessibility in health requires real equality and that health institutions and personnel must avoid acts and scenarios of discrimination, including practices based on restrictive conceptions of family. This includes: 

  1. The right to be free from unequal judgement and treatment on the basis of being a person with sexual orientation, gender identity, gender expression or diverse family (e.g. same sex parent, reconstituted, extended family or care networks).
  2. The right to have health personnel use respectful language and refrain from moralising comments or "corrections" based on gender role stereotypes or "traditional family". 
  3. Right to an unbiased clinical interview. In consultation, questions about emotional, sexual or family life should be clinically relevant. It should not become invasive or irrelevant questioning that exposes, stigmatises or disadvantages the patient. 
  4. The right to recognition of family diversity. Family origin and family composition does not authorise different treatment or restrictions in clinical interaction with partners, spouses or care networks, when they participate in the care process in accordance with medical and confidentiality rules. 
  5. Right to enhanced confidentiality.

Within the obligation to provide health services without any discrimination based on sexual orientation, gender identity or gender expression, institutions must: 

  1. Provide care free of prejudice and stereotypes, in that they cannot assume sexual practices, diagnoses or "risks" based on sexual orientation. 
  2. Enhanced confidentiality about their patients' sexual orientation, sexual practices, HIV status, and sexual and reproductive health.
  3. Respectful communication without pathologising or moralising language. 
  4. Respect and recognition for gender identity within care, with recognition of the identity name.
  5. Access to gender-transition or gender-affirming services.

The State and institutions, in relation to LGBTIQ+ people, have an obligation to ensure the prevention of structural discrimination and to close gaps based on sexual orientation, gender identity or gender expression. For this reason no can apply: 

  1. Humiliating interrogations about sexual practices or "tests" on sexual identity or orientation as a condition for accessing services.
  2. Inappropriately exposing third parties who are not providing care without prior authorisation. 
  3. Neglect the application of sectoral guidelines with a gender or diversity approach. 
  4. Insist on naming your patient by a name other than his or her own, even if previously requested.

No. Identification by administrative staff does not authorise discriminatory treatment and cannot become a barrier to access. If there is identity verification, it must be carried out with respect, confidentiality and without humiliation. If the refusal persists, immediate rescheduling can be demanded, PQRD can be activated and, if there is urgency or serious affectation, recourse can be had to tutela.

Yes, with confidentiality rules and without any discrimination. Medical records are confidential. The law allows copies to be given to the client or his/her legal representative, and limits access to those authorised by law. If the partner, family member or support network is authorised to receive such information, the authorisation must be clear and verifiable (in writing and, if possible, incorporated in the clinical history or in care documents).

Yes, it is possible to request that health personnel use the social or identity name, as well as the chosen pronouns. In addition, you can also request that this decision be recorded in the HPS/IPS internal systems to avoid demeaning treatment and unnecessary exposure. If they refuse, a written record can be made and a PQRD can be filed, and in serious cases a tutela action can be taken.

Yes, the medical record is a confidential document and its handling requires strict confidentiality. The institution may be required to limit access to what is strictly necessary, to adopt data protection measures and to correct practices that expose sensitive information.

Medical information is confidential. Health care requires confidentiality and responsible handling of information. In addition, the personal data protection regime of Law 1581 of 2012 applies in Colombia. If an institution discloses personal information without authorisation, the patient can file a complaint and request corrective measures. Also, in some cases, there may be disciplinary liability for healthcare professionals.

It is comprehensive health care that recognises the gender identity of each person and seeks to guarantee their physical and mental wellbeing, with dignified treatment, bodily autonomy, confidentiality and absence of discrimination. It includes the care that a person may require, according to their situation and decision, to live their gender with greater well-being, without the system turning the procedures into barriers or imposing humiliating treatment (External Circular 2024150000000011-5 of 2024 Superintendence of Health).

Health services for gender reaffirmation processes depend on each person and the corresponding medical follow-up; it will depend on the health need, the medical evidence and all with dignified treatment. In practice it may include, among others, psychosocial and mental health accompaniment, hormone therapy with controls and follow-up by the specialties in charge (normally endocrinology), surgical and non-surgical procedures that the treating team considers pertinent for the integral health of the patient, as well as integral sexual and reproductive health. 

There is currently no "route" defined by the health authorities, but in practice, a general medicine appointment should be made with the EPS and the patient's needs explained. It can be initiated by mental health or by the speciality that is most needed, and from there ask for referrals and orders to specialities, depending on the case. Treatment should be continuous, with medical controls, examinations and timely delivery of medicines when there is information.

No. The HPS cannot make any additional requirements except at the explicit request of the patient. In other words, it cannot rely on a change of documentation, previous diagnoses or any kind of humiliating physical "verification". Any clinical assessment should serve the purpose of health care, not to delegitimise the patient's identity.

Health care may include assessments to ensure clinical safety and appropriateness of informed consent, but these assessments should not operate as automatic barriers or pathologisation mechanisms. The rule should be accompaniment when it contributes to care, not "filters" that indefinitely delay access.

Not automatically. The system must differentiate between purely aesthetic interventions and procedures that, by their purpose and effects, relate to overall health and quality of life. In practical terms, interventions aimed at improving physical appearance according to subjective or social standards are considered "purely aesthetic" and are generally treated as excluded from the health benefit scheme. However, even there, exceptions may exist when the refusal compromises physical or mental health, or when it is to address consequences that affect health.

In contrast, procedures that are intended for rehabilitation, functional recovery or protection of physical and emotional well-being (for example, when they seek to restore anatomical or physiological functions, prevent significant impairment or address psychological impacts) are recognised as part of the core of the right to health when there is clinical justification. This logic is useful for gender-affirming care: if the procedure is linked to the effective enjoyment of the right to health and quality of life (and not just beautification), the EPS should not reduce it to "aesthetic" in order to deny it.

Yes, trans and non-binary children and adolescents are subjects of special protection. In health, jurisprudence has recognised the protection of gender identity rights of minors in scenarios of legal recognition, which reinforces the standard of dignified treatment and non-discrimination in health, so that they can access health services in accordance with their age and the instructions of the medical team accompanying the process.

It is a right of patients that is related to personal autonomy and integrity. It enables informed decisions to be made about one's own body, physical and mental health. This right is materialised through a process in which the patient receives sufficient, clear and comprehensible information about a health intervention and, based on this information, decides whether to accept or refuse it. It is not limited to "signing a piece of paper", but requires a conversation led by the health professional and with respect for autonomy. In Colombia, this duty is related to medical ethics and constitutional jurisprudence on autonomy and integrity.

It should address, at a minimum, the purpose of the intervention, reasonable alternatives, expected benefits, risks and foreseeable adverse effects. It should also include the possible consequences of not carrying out the intervention, and the conditions for follow-up. It should also allow for questions and verify understanding. The Ministry of Health has reiterated that informed consent is a professional act that must be recorded in the medical record and must be understood by the patient. It is important to insist that a further explanation can be requested in simple language, without technicalities, with visual aids if necessary, and to ask for reasonable time to decide when the clinical situation allows it. In SOC-8, WPATH (health care guidelines for transgender people) recognises that some people require repeated explanations and communication strategies to ensure understanding and an informed decision. 

Not necessarily. The format is a support, but it is not a substitute for explanation and verification of understanding. The Constitutional Court has pointed out that informed consent protects rights such as health and personal integrity, and has specified that its requirement may vary according to the type of intervention and its impact.

In Colombia, this distinction is used to refer to injectable body fillers that are on the official list issued by the Ministry of Health and INVIMA. The "not allowed" are invasive and injectable substances that do not appear on this list and are used without proper authorisation from the health authorities for aesthetic purposes.

Yes, the Constitutional Court unified the jurisprudential rules and recognised that medical procedures for the removal and management of complications caused by biopolymers or non-permitted modelling substances are included in the Health Benefits Plan, and therefore, must be assumed by the EPS in order to protect health and dignified life (SU-239 of 2024).

The benefit cannot be denied despite the fact that it is a consequence of "aesthetic" treatment. Even if the initial procedure was for aesthetic purposes, complications such as pain, inflammation, infection, systemic and psychosocial effects require diagnosis and treatment that is covered by the health system and cannot be denied.   

The EPS must ensure coverage of the diagnosis and treatment prescribed by the treating physician, with a focus on comprehensiveness and continuity, without turning the procedure into a barrier. The care must allow for specialised assessments, examinations, necessary procedures, pain management, comprehensive treatment and continuity, in accordance with the unified rules and their administrative implementation.

It can be activated (preferably in a staggered manner):

  • Right of petition to the EPS (requests priority agenda, authorisations, referral network, clinical and administrative justification).
  • Complaint to the National Superintendence of Health by barriers to access and health risk.
  • Action for protection if the barrier affects the right to health in a serious/urgent way (e.g. severe pain, risk of infection, functional or mental impairment).

These routes appear to be the usual alternatives for demanding service provision in cases of SMNP.

Law 2316 of 2023 incorporated Article 116B of the Penal Code ("injuries with non-permitted modelling substances"). The law provides for imprisonment of 32 to 120 months and a fine of 150 to 250 minimum wages for anyone who injects or infiltrates these substances. The complaint can be filed with the Attorney General's Office, which can be written on the website or verbally at a URI (Immediate Reaction Unit). In general, it is not necessary to have a lawyer to file a complaint, and a clear account of the facts and evidence must be presented. 

In addition to criminal proceedings, the following actions can be brought: 

  • Disciplinary complaint: if the applicant is a health professional for being against professional ethics.
  • Complaint to inspection, surveillance and control authorities: The Superintendence of Health and for misleading advertising (when applicable) before the Superintendence of Industry and Commerce.
  • Civil actions for damages but this must be with legal representation and involves the filing of a civil claim or request for conciliation. 

No. Donation cannot be denied on the basis of sexual orientation or gender identity. Screening must focus on clinically relevant risks based on individual risk factors, not population categories. Additionally, the Constitutional Court through T-171 of 2022 ordered to adjust the screening approach to eliminate references that treated "men who have sex with men" and "transgender population" as risk factors or risk groups per se based on stereotypes. 

Donation may be deferred for clinical or transfusion safety reasons, but these reasons must be objective and applied without discrimination. All of these reasons apply in a particular way and have no relation to your orientation or identity.

They should ask about transfusion safety-relevant behaviours or exposures (e.g., risky practices or events), without assuming them to be based on your sexual orientation or gender identity..

A written explanation can be requested or recorded in another format, with a record of the date, place and obstacle. As it is related to harm, it is possible to activate a complaint and protective measures through a PQRSQ with the Provider, a complaint with the National Health Superintendence, and even a tutela action.

He asks for the refusal to be put in writing and files a right of petition requesting:

  1. The decision.
  2. The concrete reason.
  3. The standard or criterion they invoke.
  4. The escalation route (committees, audits or responsible body) (Law 1755 of 2015).

In this right of petition you can ask for immediate measures such as a priority appointment, delivery of medication, continuity of treatment, and management of pain or complications, with a date and time, and with the indication that it is an urgent case.

The right to petition in health is used to demand a clear, substantive response within 15 working days or 10 working days when requesting documents or information. You can request the delivery of medical records, explanations of why services are denied, scheduling, authorisation, route information or correction of data (for example, identifying name in the treatment and in records when applicable).

No. If there is urgency or risk, you can go straight to guardianship. 

In case the EPS or IPS denies or delays services, interrupts treatments, does not deliver medicines, fails to comply with medical orders or when there is a pattern of administrative barriers, a complaint can be filed with the National Health Superintendence. To do so, the following link is available: https://superargo.supersalud.gov.co/2/formularioWeb/pqrd.php. There, the patient must identify him/herself, tell the facts, provide identification documents and attach files such as orders or responses from the EPS or IPS. With the complaint it is possible to follow up on the request and the requirement to the EPS or IPS that denies the service. It also serves as a useful indication to file a tutela action.

The tutela action proceeds when there is a need for immediate protection of fundamental rights in the face of action or omission of an authority or private individuals in the cases provided for, for example, EPS or IPS. The tutela action must demonstrate that there is a violation or threat to fundamental rights, such as the denial of health services, unjustified delays, interruption of treatment, discriminatory barriers, and demonstrate the impact on dignified life, integrity, physical and mental health. 

For more information, please contact us at co****************@*************sa.org.

HIV

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. The loss of working capacity is graded in percentages and must be declared by a Disability Rating Board (Judgment of the Court of Appeals). T-551/13).

If there is a reduction in working capacity of 50% or more, a pension can be requested. If it is denied, a tutela can be filed for the recognition of this benefit, which is a fundamental right because it is closely related to the right to live with dignity, to work and to enjoy full health and integrity (Ruling of the European Court of Human Rights). 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)

Note: The law in force 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. In this way, it modified the provisions of Law 100 of 1993, which established only 26 weeks of contributions at the time of disability. This is relevant, since 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, due to the principle of favourability, to grant the disability pension (Judgment of the Court of Appeals). 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 made from the time the disability was structured until the actual reduction in working capacity occurred (Judgment of the Court of Appeals). T-893/13, T-627/13).

Failure on the part of the employer to pay contributions to the Pension Fund should not affect the right to receive the disability pension. This does not constitute a valid reason for it to be denied and the Pension Fund continues to be legally obliged to grant it if the requirements are met (Judgment of the European Court of Human Rights). T-478/11, T-838/11).

If the pension was denied by the Pension Fund, even though the requirements explained above are met, a tutela action can be brought. It would be disproportionate to demand that the ordinary courts be seized in such a situation. (Judgement 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 their vulnerability and traditional discrimination or marginalisation, and can therefore be defended through tutela action. 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, an employer should know about an employee's illness. However, this does not apply in the case of a person living with HIV, as it is not only contrary to human dignity to inform about his or her illness, but also violates his or her right to privacy. In fact, it is prohibited 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, in the case of a termination of employment with the sole justification that the person is living with HIV, a tutela action can demand the immediate reinstatement by the employer (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 disability is situated in a critical economic situation, the tutela will proceed. It is key to remember that people living with HIV-AIDS deserve special protection, so it must be stated in the tutela that it is a critical economic situation, in which the disability has not been paid and it is the 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, even if you leave the EPS, you still have the right to receive the service you started before you left the health institution. Moreover, education is no longer required to remain a beneficiary of the parents' HPS if you are under 24 years of age. In any case, the health entity may only interrupt the treatment when it is sure that another entity will provide the required care (Judgment of the European Court of Human Rights). T-613/08).

The treating physician's opinion is sufficient for access to medicines, as he/she is the one who, in addition to possessing qualified medical knowledge, knows the patient's state of health and is able to determine the medicine or procedure that is most appropriate for 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 receiving the treatment causes great pain or endangers life, the EPS must provide it. It is important to remember that the doctor who prescribed the medicine or treatment must be a doctor of the health entity with which the person is affiliated (Sentencias 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 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 the case, it can be understood as a right to receive treatment even if it is not included in the POS (Sentencia 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 those living in Colombian territory, regardless of whether they are in the subsidised or contributory health regime.

Yes, this test allows to determine the resistance of the virus to the drugs available for its treatment and is also included in the POS, so it should be provided if required.

In the case of HIV/AIDS, as it is classified as a catastrophic illness, the rules regarding minimum contribution periods must be applied when this type of medical care is required and it is demonstrated that the cost cannot be covered. Therefore, the responsible entity cannot oppose the performance of such treatment or medical procedure (Judgment of the Court of Appeals). T-113/11 y T-253/04).

It can be ordered only if the doctor prescribes it, as this is one of the requirements for the granting of medicines excluded from the POS. The physician may exceptionally formulate it under a trade name only if it is of better quality, safety, efficacy and convenience. If the generic medicine produces the same effects, it is not necessary to formulate the trade name (Sentencia T-1175/08).

No, in no case can the health service be denied for not having a valid affiliation card or simply not having one. The membership card is a representation of affiliation, but not of the fundamental right to health enjoyed by all persons (Judgment of the European Court of Human Rights). T-676/12).

No, if the patient does not have the resources to continue paying contributions, the treatment cannot be interrupted under any circumstances. If the patient does so, he or she has the right to file 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. It is not only legitimate but imperative to relocate inmates living with HIV/AIDS to the city where they have family members to help them cope with their illness, as people living with HIV require the support of their family to maintain their emotional well-being (Judgment of the European Court of Human Rights). T-376/13).

No, being a person living with HIV is not an admissible argument for refusing a credit application. Even if the lending institution requires life insurance in its statutes in order to authorise the loan, such a request would be a typical act of discrimination. Therefore, under no circumstances can a loan be denied on this ground alone without a bias-free analysis (Judgment of the European Court of Human Rights). T-905/07).

For example, constitutional jurisprudence has been clear that "the mere condition of HIV is not a valid reason to refuse the issuance of a life insurance policy" and that "it is not conceivable under any argument that being an asymptomatic carrier of HIV is an exclusion for acquiring life insurance" (judgments T-1165 of 2001, T-905 of 2007, T-173 of 2022).

Given the special vulnerability of this population, the State has a reinforced obligation to guarantee their right to health and to a dignified life. Therefore, they should be treated as beneficiaries of the subsidised regime, and their lack of residence or identification cannot be used as a reason for not providing them with the necessary treatments, medicines and conditions to face their illness (Sentencia T-057/11, T-323/11, T-436/03).

Violence

This is a situation that can occur when a meeting is arranged with an unknown person, given that it is difficult to know in depth who the person is online. Although the best thing to do is prevention and take safety measures beforehand, in case of being a victim of aggression, the first step is to report it to the police or through a Virtual CAI. To do this, it is necessary to report the whole situation so that the authorities can take the necessary measures. It may also be advisable to block the person's profile on the social network used to avoid further contact through that medium.

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 fake profile through the mechanisms provided by each social network.

First, it is important to define what type of discrimination you have been a victim of. If it is discrimination when entering a nightclub, for example, a complaint should be lodged with the Personería Distrital, in the case of Bogotá, or the Personería of each municipality. There it will be necessary to describe the event in detail in order for the establishment to receive an appropriate sanction. If it is a person who discriminates through a social network, each platform has specific channels to denounce and report the facts. 

Law 2489 of 2025 expressly established that children and adolescents should be guaranteed the right to non-discrimination. That is, access to the digital world in a fair and beneficial way, as well as preventing discrimination and harassment on grounds such as sex, gender, among others.

The best thing to do is to meet in a public place, always be aware of the drinks you are consuming, do not receive unknown food, substances or drugs. It is also advisable to let someone you trust know where the meeting will take place and tell them what you know about the other person. To be on the safe side, you can have an emergency code with someone you trust so that they understand when the situation is uncomfortable, problematic or risky.

First of all, it is important to block the person from social networks through which they may make contact. If the person persists and decides to harass 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.

The incident should be reported 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, the blackmailer should be reported on the app being used. Some platforms, such as Facebook or Instagram, have the option to report someone's profile so that it can be closed by the administrators. It is recommended that, before sharing intimate information, you learn more about the other person for greater security.

Dating apps, or even social networking apps, are aimed at meeting people. However, it is important to remember that these are interactions with strangers, so you do not have much information about their intentions. That is why it is important not to share crucial personal information, such as your home address, place of work, family members' information, bank accounts or place of study.

A simple and quick way to find out is to make a video call with the person before meeting 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 over the Internet always has a level of risk, given that their information is limited and difficult to verify. For this reason it is necessary to take precautions when chatting or arranging meetings with strangers. 

If you have further questions or need legal support with a similar case, please write to us at legal consultations@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 (Unidad de Reacción Inmediata-URI) of the same entity. Complaints submitted in writing to the Assignment Office must be made during the hours pre-established by the entity (in Bogota from 8:00 AM to 4:00 PM) and must be filed and duly numbered (numbered pages).

Also can be filed virtually (https://sicecon.fiscalia.gov.co/denuncia/LlenarFormulario) or by e-mail (from*************@**********ov.co) or in person at a prosecutor's office. This method is recommended for cases where time has elapsed between the date of the events and the filing of the complaint.

Complaints filed with the URI do not have the same requirements as one filed virtually, as an interview is taken by the official of the entity. This form 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 protection 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 being reported.

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 ID of the complainant, you can be informed about the Unique Criminal Notification Number-NUNC (also known as Radicado) at the same Assignment Office or at the following web address.https://www.fiscalia.gov.co/colombia/servicios-de-informacion-al-ciudadano/consultas/

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 case the Prosecutor's Office closes the investigation, the victim has the right to request that it be removed from the case file and, in case it 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 they have a lawyer. If they do 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 may discriminate against a person on the basis of sexual orientation or gender identity. If this happens, a disciplinary complaint and even a criminal complaint can be filed, depending on what has happened. If you are a victim of such a case, it is recommended that you write down the name of the official and his or her badge number, if he or she is a police officer. It is also key to have a very detailed written record of what happened and seek advice before filing a complaint.

If you have further questions or need legal support with a similar case, write to us at consultasjuridicas@colombiadiversa.org

It is possible to impose limitations on the right to admission and stay, as long as it is not done for discriminatory reasons such as race, sexual orientation or gender identity. However, if it does occur, you will need to have reasons and/or evidence to support this. It is important to always write down names, discriminatory statements and carry written testimony detailing 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 progress 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 who unjustifiably and 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 LGBTIQ+ 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 pursue representation. It is important to provide us with the most complete and truthful information possible in order to analyse the relevance of the case.

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