In Colombia there is a political constitution that in chapter I contains the fundamental rights enjoyed by every Colombian and inhabitant in Colombia. There are other fundamental rights developed by the jurisprudence that are not incorporated in the Constitution but are equally respected by the authorities must be respected by individuals.
These are the fundamental rights:
The right to life is inviolable. There will be no death penalty.
No one shall be subjected to enforced disappearance, torture or cruel, inhuman or degrading treatment or punishment.
All persons are born free and equal before the law, will receive the same protection and treatment from the authorities and will enjoy the same rights, freedoms and opportunities without any discrimination based on sex, race, national or family origin, language, religion, opinion political or philosophical.
The State will promote the conditions so that equality is real and effective and will adopt measures in favor of discriminated or marginalized groups.
The State will protect especially those persons who due to their economic, physical or mental condition, are in a circumstance of manifest weakness and will sanction the abuses or mistreatments that are committed against them.
Everyone has the right to recognition of their legal personality.
All people have the right to their personal and family privacy and to their good name, and the State must respect them and enforce them. Likewise, they have the right to know, update and rectify the information that has been collected about them in data banks and in the files of public and private entities.
In the collection, treatment and circulation of data freedom and other guarantees enshrined in the Constitution will be respected.
Correspondence and other forms of private communication are inviolable. They can only be intercepted or registered by judicial order, in the cases and with the formalities established by law.
For tax or judicial purposes and for cases of inspection, surveillance and intervention by the State, the presentation of accounting books and other private documents may be required, under the terms established by law.
All people have the right to the free development of their personality without any limitations other than those imposed by the rights of others and the legal order.
Slavery, servitude and trafficking in human beings in all their forms are prohibited.
Freedom of conscience is guaranteed. No one will be disturbed because of their convictions or beliefs or compelled to reveal them or forced to act against their conscience.
The freedom of cults is guaranteed. Everyone has the right to freely profess their religion and to spread it individually or collectively.
All religious denominations and churches are equally free before the law.
Every person is guaranteed the freedom to express and disseminate their thoughts and opinions, to inform and receive truthful and impartial information, and to found mass media.
These are free and have social responsibility. The right to rectification is guaranteed under conditions of equity. There will be no censorship.
The right to honor is guaranteed. The law shall specify the form of protection.
Peace is a right and a duty of mandatory compliance.
Added by art.1, Legislative Act 05 of 2017. with the following text: As a guarantee of No Repetition and in order to contribute to ensure the legitimate monopoly of the force and the use of weapons by the State, and in particular, the Public Force, throughout the territory, prohibits the creation, promotion, instigation, organization, instruction, support, tolerance, concealment or favoring, financing or official and / or private employment of armed civil groups organized for illegal purposes of any type, including the so-called self-defense groups, paramilitaries, as well as their support networks, structures or practices, security groups for illegal purposes or other equivalent denominations.
The law will regulate the criminal types related to these conducts, as well as the corresponding disciplinary and administrative sanctions.
Everyone has the right to present respectful petitions to the authorities for reasons of general or particular interest and to obtain a prompt resolution. The legislator may regulate its exercise before private organizations to guarantee fundamental rights.
Every Colombian, with the limitations established by law, has the right to move freely through the national territory, to enter and leave it, and to remain and reside in Colombia.
Work is a right and a social obligation and enjoys, in all its forms, the special protection of the State. Everyone has the right to work in decent and fair conditions.
Everyone is free to choose profession or trade. The law may require certificates of competence. The competent authorities shall inspect and supervise the exercise of the professions. Occupations, arts and crafts that do not require academic training are free to exercise, except those that imply a social risk.
Legally recognized professions can be organized in schools. The internal structure and functioning of these must be democratic. The law may assign them public functions and establish the appropriate controls.
The State guarantees the freedoms of teaching, learning, research and teaching.
Everyone is free. No one can be bothered in his person or family, nor reduced to prison or arrest, or arrested, or his registered address, but by virtue of a written order from a competent judicial authority, with the legal formalities and for a reason previously defined in the law.
The arrested person will be placed at the disposal of the competent judge within the following thirty-six hours, so that the latter adopts the corresponding decision within the term established by law.
In no case may there be detention, imprisonment or arrest for debts, or penalties and security measures imprescriptibles.
Due process will be applied to all kinds of judicial and administrative proceedings.
No one may be tried except in accordance with pre-existing laws to the act that is imputed to him, before a competent judge or court and with observance of the fullness of the proper forms of each trial.
In criminal matters, permissive or favorable law, even if later, will be applied in preference to restrictive or unfavorable law.
Every person is presumed innocent until proven guilty. Whoever is accused has the right to the defense and assistance of a lawyer chosen by him, or ex officio, during the investigation and trial; to a due public process without undue delay; to present evidence and to controvert those that are brought against him; to contest the condemnatory sentence, and not to be judged twice for the same act.
The evidence obtained with violation of due process is null and void.
Whoever is deprived of his liberty, and believes he is illegally, has the right to invoke before any judicial authority, at all times, by himself or by interposed person, the Habeas Corpus, which must be resolved within the term of thirty-six hours.
Any judicial sentence may be appealed or consulted, except for the exceptions established by law.
The superior can not aggravate the penalty imposed when the convicted person is the sole appellant.
The offender caught in flagrante delicto may be apprehended and brought before the judge by any person. If the agents of the authorities persecute him and take refuge in his own home, they will be able to penetrate him, for the act of apprehension; if it is accepted to another’s domicile, it must precede the inhabitant’s request.
No one may be forced to testify against himself or against his spouse, permanent companion or relatives within the fourth degree of consanguinity, second of affinity or first civil.
The sentences of exile, life imprisonment and confiscation are prohibited.
However, by judicial decision, the ownership over assets acquired through illicit enrichment, to the detriment of the public treasury or with serious deterioration of social morality, will be declared extinguished.
Article modified by the 1st article. of the Legislative Act No. 1 of 1997.
Extradition may be requested, granted or offered in accordance with public treaties and, failing that, with the law.
Tachado INEXEQUIBLE, Constitutional Court, judgment C-543-98 of the 1st. October 1998
In addition, the extradition of Colombians by birth will be granted for crimes committed abroad, considered as such in Colombian criminal legislation. The Law will regulate the matter.
Extradition shall not apply for political crimes.
Extradition will not proceed in the case of acts committed prior to the promulgation of this norm.
The right of asylum is recognized in the terms provided in the law.
Every part of the people can meet and demonstrate publicly and peacefully. Only the law may expressly establish the cases in which the exercise of this right may be limited.
The right of free association is guaranteed for the development of the different activities that people carry out in society.
Workers and employers have the right to form unions or associations, without State intervention. Its legal recognition will occur with the simple registration of the constitution certificate.
The internal structure and functioning of trade unions and social and union organizations will be subject to the legal order and democratic principles.
The cancellation or suspension of legal status only proceeds through the courts.
Union representatives are granted the jurisdiction and other guarantees necessary for the fulfillment of their management.
The members of the Public Force do not enjoy the right of union association.
Every citizen has the right to participate in the formation, exercise and control of political power. To make this right effective you can:
Choose and be chosen.
Take part in elections, plebiscites, referendums, popular consultations and other forms of democratic participation.
Constitute parties, movements and political groupings without limitation; be part of them freely and spread their ideas and programs.
Revoke the mandate of the elected in cases and in the manner established by the Constitution and the law.
Take initiative in public corporations.
Interpose public actions in defense of the Constitution and the law.
Access the performance of public functions and positions, except for Colombians, by birth or adoption, who have dual citizenship. The law will regulate this exception and will determine the cases to which it is to be applied.
The authorities will guarantee the adequate and effective participation of women in the decision-making levels of the Public Administration.
In all educational institutions, official or private, the study of the Constitution and Civic Instruction will be mandatory. Likewise, democratic practices will be promoted for the learning of the principles and values of citizen participation. The State will disclose the Constitution.