Responsabilidad del estado por los daños ocasionados en la prestación del servicio público de bienestar familiar

Abstract

This paper analyzes the civil liability of the State for the damages caused by third parties in the provision of public family welfare service through contribution contracts, for which the legal nature of the contribution contract that govern between the Instituto Colombiano de Bienestar Familiar and its contractors, the situations in which the children and adolescents under the care of this institution are victims during the execution of these contracts are characterized, the scope of the State's strict liability in the case of the same contracts is analyzed and the options are studied of the judges against the concept of strict liability in the case of the contracts under study. The development of the work makes it possible to identify that the combination of legal tools such as the principle of proportionality, subjective responsibility and progressivity in the provision of the family welfare service, can contribute to improve this service more and more for the benefit of all users. current and potential, without eliminating the legal responsibility of the ICBF in cases where it is proven that service failures are your fault by action or omission.