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Writ for Protection

What is a Writ for Protection?

It is a constitutional guarantee every person has to appeal to the judicial authorities in order to obtain immediate protection of their fundamental rights.

When is it applicable?

The Writ for Protection is applicable when a fundamental right has been violated or threatened.
The infringement or threat arises:
With the action or omission of a public authority.
With the action or omission of an individual.
When the affected individual lacks other means of judicial defense; unless the Writ for Protection is used as a transitional mechanism to avoid irretrievable prejudice.

When is the Writ of Protection NOT applicable?

When there are other resources or means of judicial defense that could be appropriate.
When you can plead the Habeas Corpus resource to protect your rights.
In the case of collective rights.
When the harm is already done.
When the event is general, impersonal or abstract.

The following are some of the rights that can be protected by a Writ of Protection:

Life
Physical integrity
Right to not be tortured
Right to petition
Right against cruel, inhuman or degrading treatment
Equality
Right to due process
Right to privacy
Right to one's good name
Freedom of belief
Gender equality
Right to health and social security, and all rights consecrated as fundamental rights of children by Article 44 and of the elderly by Article 46 of the Colombian Political Constitution