A sexually abused woman was taken away from her daughter, Court affirms that the State failed her

The Constitutional Court affirmed that the State failed in its task of protecting an Afro-descendant woman, a victim of forced displacement, without education and in a situation of psychosocial and cognitive disability who was sexually abused and her newborn daughter was taken from her.

According to the Court, how did the Colombian State rule on the victim?

According to the Court, the entities that provided health services that attended the birth handed over the girl to a relative without the mother’s consent, which resulted in the newborn being apparently a victim of trafficking.

In addition, the woman had a family planning device implanted without her approval.

On the other hand, the Family Police Station that had knowledge of the alleged sexual abuse did not activate a protection measure and the Prosecutor’s Office would not have advanced in the process.

The Court’s decision

The First Review Chamber of the Constitutional Court determined that the State ruled the victim because it did not protect her effectively, in addition to violating the rights of her daughter.

Likewise, the Ombudsman’s Office was ordered to appoint a personal defender to temporarily accompany the victim.

The Family Commissariat will have to review the case again to determine whether it is necessary to adopt protective measures and the Prosecutor’s Office will have to use all its powers to advance the process.

Regarding health services, the Valle del Cauca Health Secretariat will have to ensure that human talent is trained in sexual and reproductive rights of the population with disabilities.

Finally, the ICBF must study the possibility of adopting measures to protect the rights of the minor daughters of the plaintiff.

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