The sentence that the Constitutional Court drafted especially for a child

The letter seeks to explain his situation to an 8-year-old boy.

Photo: Carlos Rosas – Óscar Pérez

“You can demand respect from everyone: from your father, from your grandparents, from your teachers and from those who take care of you. They cannot harm you and they have to do everything so that you can be happy” says a section of judgment T-262 of 2022, issued in July of this year. The ruling was given in favor of an 8-year-old boy and his grandmother, since they were not receiving a survivor’s pension that corresponded to them, but rather it was being deposited into the account of the minor’s father, who was accused of abusing his son. .

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The money that the father of the minor was receiving corresponded to a survivor’s pension that the insurer Alfa gave him after the death of the child’s mother in a traffic accident in 2015. At that time, the insurer deposited the money directly into the account of the father. Despite this, in 2021 a process was initiated against the father for the alleged sexual abuse of the minor and he was placed in the custody of his grandmother.

Due to these facts, a guardianship action was filed so that the grandmother is the one who receives the money from the insurer in her account. The guardianship was ruled in her favor. Despite the difficulty of the case, and the fact that it was a pension issue, Judge José Fernando Reyes took the time to explain each point of the case to the minor in a language that he could understand.

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“One of the many rights you have is to receive and enjoy the money your mother left you. For this reason, your grandmother will receive your money in her bank account every month and she will help you manage it until you turn 18. Your grandmother will be in charge of using your money so that you can study at school and, if you wish, also at university. With that money and with the help of your grandmother, you will be able to buy your school uniforms and your clothes. Your grandmother will also help you so that with that money you can eat, play and have fun”, states a section in the ruling of the Constitutional Court.

The section seeks to explain to the child, through simple vocabulary, the decision made by the Court to give his grandmother the pension money. In addition, the Court acknowledges to the minor what he has had to live and the feelings that arise after this fact. In the ruling, the Court explains what will happen to his money, his father and the place where he will live and tells him who are the people who knew his case.

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“The Constitutional Court is made up of a group of people, known as judges, whose tasks include protecting the rights of girls and boys, like you. We have known your situation. We know that you live with your grandmother and your grandfather, whom you love very much. We also know about the situations you experienced with your father and that probably made you feel uncomfortable, sad and upset “, affirms the Court through the section.

Regarding the pension that her grandmother will receive after the ruling, the Court explained what this money means. “We learned that, although your mother is not with you, she left you some money so that you can study, eat, play and have fun. We also found out that you were not receiving that money. For this reason, the judges make some decisions to protect your rights” explained the magistrates in the ruling.

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In the end, the Court told him about the situation in which his family finds itself. The ruling says that she will continue to live with her grandparents and that another person will be in charge of deciding on the situation of her father. “Another judge will be very careful to decide if you can see your father again. That judge, whom you can meet whenever you want, will be worried about you and will try to do everything so that you are much better”, the Court told the minor. He further added, “Don’t worry, no one will force you to see your dad. Only if you want it. And you can rest easy because, at any time, you can tell the judge, your grandparents or the police station what you want and what you don’t want”.

“Thank you for your bravery! Upon learning about your case, we realized that many boys and girls may be going through the same thing as you. For this reason, we ask the company that must pay your money to do everything necessary to protect all boys and girls and not prevent them from enjoying their money,” the Court assures the minor in the final part of the section.

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The article is in Spanish

Tags: sentence Constitutional Court drafted child