Can I file a tutela action to have my disability pension recognised?
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 justice system be used in such a situation (Judgments T-710/09, T-885/11, T-262/12, T-138/12, T-027/13, T-142/13).
In the case of street people living with HIV, how can they access medical treatment?
Given the special vulnerability of this population, the State has a reinforced obligation to guarantee their right to health and to a dignified life. Hence, they must be attended to as beneficiaries of the subsidised regime, without being able to allege their lack of address or identification in order not to provide them with treatment, medicines and [...].
Can I be denied credit because I have HIV?
No, being a person living with HIV is not a permissible ground for refusing a credit application. Even if the lending institution requires life insurance in its by-laws in order to authorise the loan, such a request would be a typical act of discrimination. Therefore, under no circumstances can a [...]
I am living with HIV/AIDS, and unlike prisoners who are not living with the disease, I am not eligible for the prison's work-study programmes. Is this valid?
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 (Sentence T-577/05).
I am incarcerated in a prison and living with HIV/AIDS. Can I apply for a transfer to the city where my relatives live?
Yes. Moving inmates living with HIV/AIDS to the city where they have family members to help them cope with their illness is not only legitimate but imperative, as people living with HIV require the support of their family to maintain their emotional well-being (Judgment T-376/13).
I belong to the subsidised health scheme, but my health insurance card has expired, does that mean that I cannot continue my HIV/AIDS treatment?
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 (Decision T-676/12).
My EPS was treating me for my illness, but unfortunately I lost my job and I stopped paying contributions. Will my treatment be interrupted while I am doing the paperwork for the SISBEN?
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 claim through the amparo action (Sentencia T-230/09).












