Family Law

BOGOTA -- The Colombian Constitutional Court has recognized the civil, political, social and economic rights of same-sex couples.

The president of the high court, Humberto Sierra Porto, told reporters that to make possible the recognition of these rights, parts of the criminal and civil codes, as well as some parts of military regulations, will have to be modified. The ruling means that property of homosexual couples that is considered part of the family possessions, including the home, can not be embargoed or distrained.

On the other hand, if a foreigner enters into a same-sex union with a Colombian in Colombia, he or she may obtain Colombian citizenship if and when that union has been under way for more than two consecutive years. Members of same-sex couples cannot be forced to testify against their partners.

Regarding public officials, when one takes the oath of office, that person's same-sex partner - if any - will also take the office.

As reported by 365Gay.Com January 30, 2009:

(Bogota) Colombia?s Constitutional Court has upheld a lower court ruling that the government must provide same-sex partners with all of the rights that opposite-sex couples have. Last year, LGBT rights groups went to court seeking health and other government benefits. Last April, a lower court ruled that same-sex couples are implicitly covered under the constitution?s guarantee of equal rights for all citizens.

The ruling also said that to exclude same-sex partners would violate the principle of non-discrimination and human dignity as the expression of personal autonomy, protected by international law. The Constitutional Court decision means same-sex couples will have pension, survivor and property rights.

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All legal progress made in the last five years in Colombia has been accomplished through decisions by the Colombian Constitutional Court.