Last Change:

08/18/2025

Political Constitution of Colombia

Original names of the law: Constitución Política de Colombia

Year: 1991

Type: Domestic law

Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Family life, Documentation

Description

​The 1991 Constitution of Colombia establishes the nation as a social state under the rule of law, organized as a unitary, decentralized republic with autonomous territorial units.  Significant reforms include the creation of the Constitutional Court, the establishment of mechanisms for citizen participation, and the recognition of collective and environmental rights.  The Colombian Constitution recognizes the right to asylum, with conditions and procedures established according to the provisions specified by law, article 36.

Selected provisions
Article 22 - Right to peace

Peace is a right and a duty of which compliance is mandatory.

Article 23 - Right to petition

Every individual has the right to present respectful petitions to the authorities on account of general or private interest and to secure prompt resolution of same. The legislative body shall be able to regulate its exercise by private organizations in order to guarantee fundamental rights.

Article 24 - Freedom of movement

Any Colombian citizen, except for the limitations established by statute, has the right to move about freely across the national territory, to enter and exit the country, and to remain and reside in Colombia.

Article 25 - Right to work

Work is a right and a social obligation and enjoys, in all its forms, the special protection of the State. Every individual is entitled to a job under dignified and equitable conditions.

Article 27 - Freedom of teaching

The State guarantees freedom of teaching at the primary and secondary level, apprenticeship, research, and professorship.

Article 29 - Due process

Due process shall be applied in all cases of legal and administrative measures.

No one may be judged except in accordance with previously written laws which shall provide the basis of each decision before a competent judge or tribunal following all appropriate forms.

In criminal law, permissive or favorable law, even when ex post facto, shall be applied in preference to restrictive or unfavorable alternatives.

Every individual is presumed innocent until he/she is proved to be legally guilty. Whoever is accused is entitled to defense and the assistance of counsel picked by the accused or assigned automatically during the investigation and trial; to an appropriate public trial without unreasonable delay; to present evidence and to refute evidence alleged against the accused; to challenge the condemnatory sentence; and not to be placed in double jeopardy for the same act.

Evidence obtained in violation of due process is null and void by right.

Article 30 - Habeas Corpus

Whoever is deprived of his/her freedom and believes to be so illegally is entitled to invoke habeas corpus before any legal authority, at any time, on his/her own or through a third party. Habeas corpus must be complied with within 36 hours.

Article 38 - Right to association

The right of free association for the promotion of various activities that individuals pursue in society is guaranteed.

Article 39 - Right to join trade unions

Workers and employers have the right to form trade unions or associations without interference by the State. Their legal recognition shall occur by the simple registration of their constituent act.

The internal structure and functioning of trade unions and social or labor organizations shall be subject to the legal order and to democratic principles.

The cancellation or suspension of legal identity may only occur through legal means.

Trade union representatives are provided jurisdiction and other guarantees necessary for the performance of their administration.

Members of the police force do not have the right to form associations.

Article 44 - Basic rights of children

The following are basic rights of children: life, physical integrity, health and social security, a balanced diet, their name and citizenship, to have a family and not be separated from it, care and love, instruction and culture, recreation, and the free expression of their opinions. They shall be protected against all forms of abandonment, physical or moral violence, sequestration, sale, sexual abuse, work or economic exploitation, and dangerous work. They shall also enjoy other rights upheld in the Constitution, the laws, and international treaties ratified by Colombia.

The family, society, and the State have the obligation to assist and protect children in order to guarantee their harmonious and integral development and the full exercise of their rights. Any individual may request from the competent authority the enforcement of these rights and the sanctioning of those who violate them.

The rights of children take precedence over the rights of others.