Educational opportunities for persons with disabilities in Colombia

Country: Colombia
Body: Constitutional Courts
Case: Piedad Cristina Peña on behalf of her daughter María Alejandra Villa versus Entidad Promotora de Salud (EPS) Coomeva
Case number: T-974/10
Year of judgement: 2010
PDF of decision

Summary:
The case was brought before the Constitutional Court of Colombia by the mother of a girl who was diagnosed with cognitive deficit and microcephaly. She contended that the official combined programme of therapy and special education were unaffordable to her. The Court referred to Article 12 of the International Covenant on Economic, Social and Cultural Rights and Article 24 of the Convention on the Rights of Persons with Disabilities and observed that persons with disability should not be excluded from educational opportunities. The social services provided must be assessed for the special needs of persons with disability. The Court further observed that there was a lack of cooperation between health and education authorities and that the existence of a combined programme should not be made grounds for denying persons with disability access to comprehensive medical treatment to. The Court ordered the ministries concerned to conduct an open consultation with civil society organizations working for the rights of persons with disability and to review their policies for the welfare of these persons.