The Fundamental Right to Asylum: Developments and Gaps of Protection in the Constitutional Jurisdiction of Colombia

Abstract

In Colombia, the Ministry of Foreign Affairs, an administrative authority belonging to the executive branch, decides who is granted the right to receive asylum because they are at risk of persecution, torture, or serious human rights violations. In the last decade, matters related to asylum have become an important issue in judicial decision-making. However, the fundamental right to asylum and the judicial role in its protection has been little studied in Colombia. Therefore, this text seeks to identify the developments and gaps in the protection of the right to asylum in the decisions of constitutional judges in Colombia. To this end, this text presents the results of the analysis of case law in Colombia. Finally, the text gives recommendations for the judicial protection of this constitutional right.