The ICJ launched today its latest report titled “Constitutional protection in practice: Venezuelan Nationals’ right to health in the Colombian Constitutional Court’s jurisprudence”. The report examines the Constitutional Court’s jurisprudence on the right to health of Venezuelan nationals. The case-law analyzed concerns Venezuelans present in Colombia, some of whom had a “regular” and some an “irregular” migration status in domestic law. The report also discusses the legal framework guaranteeing the right to health in Colombia.
There are several barriers to ensuring the right to health for Venezuelan nationals in Colombia in accordance with the country’s international human rights law obligations. Despite extensive jurisprudence guaranteeing this right, administrative inefficiencies, discriminatory practices and limited awareness among healthcare providers persist. These barriers have had a devastating effect for the realization of the right to health of many Venezuelans in the country”, said Carolina Villadiego, ICJ Latin America Team Leader.
The report examines the Colombian Constitutional Court’s jurisprudence pertaining to Venezuelan nationals’ right to health, including the differences in treatment that are being applied to the ones with “regular” migration status and to the ones with “irregular” migration status, as well as issues related to access to basic, emergency and other health care services, such as pregnancy health care.
The report points out that not all Venezuelans can “regularize” their immigration status in Colombia because the Temporary Protection Statute for Venezuelan Migrants (ETPV) applies to those who entered the country in an “irregular manner” by 31 January 2021, and to those who entered the country by “legal migration” check points between January 2021 and May 2023. A recently introduced special visa is available only for those who entered by 4 December 2024.
Thus, irrespective of their migration status domestically, the ICJ encourages Colombian authorities to uphold the human rights of Venezuelan nationals in the country, especially the right to health, by:
- Ensuring that all Venezuelans in Colombia enjoy the highest attainable standard of physical and mental health: Authorities should remove unreasonable legal restrictions on the enrolment of Venezuelan nationals in the health system.
- Expanding “Regularization” Mechanisms: The government should review current legislation and remove provisions that place a disproportionate burden on foreign nationals. This should include a review of migration laws and regulations.
- Strengthening Judicial Compliance: Mechanisms should be put in place to ensure that lower courts and public institutions fully implement Constitutional Court’s decisions regarding the right to health of Venezuelan nationals.
- Improving Public Awareness and Assistance: Government agencies must proactively inform Venezuelans of their rights and facilitate their enrolment in healthcare services.
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Press release in Spanish here.