Last Change:

05/13/2025

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 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.

Article 85 - Immediate application

The rights mentioned in Articles 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 23, 24, 26, 27, 28, 29, 30, 31, 33, 34, 37 and 40 are applicable immediately.

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 4 - Duty to obey the Constitution

The Constitution provides the norm of regulations. In all cases of incompatibility between the Constitution and the statute or other legal regulations, the constitutional provisions shall apply.

It is the duty of citizens and of aliens in Colombia to obey the Constitution and the laws, and to respect and obey the authorities.

Article 229 - Access to justice

Se garantiza el derecho de toda persona para acceder a la administración de justicia. La ley indicará en qué casos podrá hacerlo sin la representación de abogado.

Article 208 - Powers of cabinet

The Ministers and directors of administrative departments are the heads of public administration within their respective remit. Under the direction of the President of the Republic, it is their responsibility to formulate policies pertaining to their portfolio, direct the administrative operations, and execute the relevant statutes.

The ministers, in relation with the Congress, are spokesmen of the government, present government bills to the Houses, respond to the requests that the Houses make to them, and take part in debates directly or through deputy ministers.

The ministers and directors of administrative departments shall present to the Congress, within the first 15 days of each legislative term, a report on the state of affairs assigned to their ministry or administrative department and on the reforms that they consider appropriate.

The Houses may request the assistance of the ministers, the permanent committees, the deputy ministers, directors of administrative departments, the manager of the Bank of the Republic, the presidents, directors, or managers of the decentralized entities at the national level, and that of other functionaries of the executive branch of government.

Article 2 - Fundamental principles

The essential goals of the State are to serve the community, promote the general prosperity, and guarantee the effectiveness of the principles, rights, and duties stipulated by the Constitution; to facilitate participation by everyone in the decisions that affect them and in the economic, political, administrative, and cultural life of the nation; to defend national independence, maintain territorial integrity, and ensure peaceful coexistence and enforcement of a just order.

The authorities of the Republic are established in order to protect all individuals residing in Colombia, in their life, honor, property, beliefs, and other rights and freedoms, and in order to ensure the fulfillment of the social duties of the State and individuals.

Article 22 - Right to peace

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

Article 38 - Right to association

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