SENTENCIA T-507/16 DEL TRIBUNAL CONSTITUCIONAL DE COLOMBIA RELATIVA A LA REVISIÓN DEL TRÁMITE DE TUTELA FORMULADA POR RUBÉN DARÍO ÁLVAREZ TORO COMO AGENTE OFICIOSO CONTRA CLÍNICA LAS AMÉRICAS Y OTROS

Abstract

The Constitutional Court of Colombia reviewed the case of a person who asked to a pathology laboratory, and the respective public entity in charge, to return his left leg which had been amputated through a surgical procedure. The claimant intended to submit the limb to a plastination procedure so it could be buried with the rest of his body at the time of his death, according to his profound belief, associated with the practice of catholic religion that his entire body must rest in the cemetery with aim to the future life and resurrection. Nevertheless, the Clinic refused to his petition, claiming that the current legislation did not allow it. In response to the refusal, the petitioner decided to file an action for protection of rights, which was ruled against his claims, arguing that public health and safety could not be risk in order to protect the rights of the applicant. The Court decided to review the judgement and finally decided that there had been an infringement of its fundamental rights. Also considered that both the respondents and the judge could have tried to reach to an agreement regarding the procedure for deactivation of the amputated limb that guaranteed both public health and safety, and respect of the claimant’s beliefs.