“Corte declara inconstitucional forzar institucionalización de habitantes de calle”: Ángela María Robledo
Bogotá, mayo 15 de 2017
La representante a la Cámara y Copresidenta de la Comisión de Paz del Congreso, Ángela María Robledo celebró la decisión de la Corte Constitucional de declarar inexequible el parágrafo 3 del artículo 41 de la Ley 1801 de 2016 que habilitaba a la Policía Nacional para conducir forzadamente a habitantes de calle a lugares que no definía con precisión, así como las condiciones y los tiempos de dicha “institucionalización”.
De acuerdo con Robledo, esta norma atentaba contra las garantías mínimas constitucionales a que tienen derecho las personas que son privadas de la libertad, en este caso los ciudadanos y ciudadanas habitantes de calle, así como su dignidad y libertad para habitar la calle.
Según la decisión de la Corte Constitucional: “En lo referente al parágrafo 3º del artículo 41 de la Ley 41 de 2016, que trata sobre la posibilidad de traslado de habitantes de la calle a hogares o centros de atención dispuestos para estos fines, la Sala Plena declaró la inexequibilidad de la norma al considerarla discriminatoria, toda vez que no existen criterios que justifiquen trato distinto y diferenciado entre los habitantes de calle, a quienes se les aplicaría condiciones distintas y menos exigentes para su traslado que a los demás ciudadanos”. (Ver comunicado de la Corte Constitucional)
La demanda interpuesta por los congresistas Ángela María Robledo, Alirio Uribe, Iván Cepeda, Alexander López y Victor Correa junto con la Comisión Colombiana de Juristas, el Colectivo de Abogados José Alvear Restrepo y el Observatorio de Derechos Humanos de la Coordinación Colombia Europa – Estados Unidos; llamaba la atención, entre otras, en que esta norma no especificaba qué tipo de medida se le daría al habitante de calle en el lugar de traslado, poniendo en riesgo su derecho a la autonomía personal, toda vez que podría ser sometido – sin su voluntad – a tratamiento o rehabilitación por parte de la autoridad, lo que esta prohibido por la Corte Constitucional. (Aquí resumen de la demanda)
“Desde el Congreso hemos llamado la atención sobre la urgente necesidad de atender la crisis humanitaria que viven los habitantes de calle en todo el país, y en particular en Bogotá, donde se ha puesto en riesgo sus vidas, luego de la intevención del Bronx. Insistimos en que la Secretaría Distrital de Integración Social no cuenta con una política pública capaz de atender de manera integral los derechos y demandas de esta población en extrema vulnerabilidad. Denunciamos con insistencia que, según hallazgos de organizaciones sociales y misionales, los ciudadanos habitantes de calle están siendo víctimas de una sistemática estrategia de limpieza social”, puntualizó la congresista Ángela María Robledo.
PRENSA ANGELA MARÍA ROBLEDO: 3202343806 MARGARITA SARMIENTO
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