The Constitutional Court ordered the Congress of the Republic to advance in the construction of a law that comprehensively regulates the protection of caregivers in Colombia. The decision was made based on the study of a case in which a 100-year-old woman filed a guardianship action against her Health Promotion Entity (EPS) to guarantee her medical care, nursing services and permanent home support, given the inability of her family to assume that care.
The high court, through Sentence T-319 of 2025, with a presentation by Judge Natalia Ángel Cabo, analyzed the case to rule on the fundamental rights to health and care, especially in the case of elderly people who require continuous care. The Court recalled that care services and nursing services have different functions, and emphasized that the recognition of the caregiver service corresponds to the EPS when it is evident that the person needs support and their family cannot provide it for physical or economic reasons..
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In its ruling, the Constitutional Court also insisted on the need to implement a public care policy that establishes the scope of the principle of co-responsibility between the family, society and the State. According to the corporation, this framework is essential in a country where the population ages rapidly and the resources allocated to caring for dependent people are limited.
The high court warned that the absence of a structured policy generates situations in which older adults—also subject to special protection—must take care of other people, which “may be disproportionate for this population and shows the urgency of adopting comprehensive measures that recognize and support care work“, specified the sentence.
According to the Court, although regulatory and judicial progress has been made in guaranteeing the right to care, pressing needs persist that must be addressed while substantive solutions are designed. In this sense, the ruling urges that the laws adopted by the Congress of the Republic and the comprehensive care policy that the Government must implement will have to include mechanisms that recognize the work of caregivers – often unpaid -, promote their training, guarantee institutional support and facilitate their access to social benefits.
In addition, He stressed that the design of this policy must address the challenges of population aging and respond equitably to the different realities of Colombian households..
In the case study of a 100-year-old woman who suffers from various chronic diseases and faces serious mobility barriers, and whose family nucleus is predominantly elderly people who do not have the physical or economic means to take care of her; The Court concluded that the plaintiff requires constant support and care, and that her family is materially unable to provide that care.
For this reason, The corporation ordered the EPS to continue guaranteeing the caregiver service in twelve-hour daily shifts, as established by the first instance ruling..
Regarding the other services claimed, the high court instructed the defendant entity to carry out a comprehensive and interdisciplinary medical assessment of the patient, in order to determine if she should be included in a complete home care program. In addition, he stressed the need to carry out periodic follow-up assessments of Lucía’s health status, to guarantee the continuity and relevance of the treatment.
