La responsabilidad extracontractual por los daños a menores que se encuentran bajo cuidado y protección del Instituto Colombiano de Bienestar Familiar – ICBF u hogares comunitarios vinculados a dicho instituto

Abstract

In the present work the legal aspects of the extracontractual liability of the State and its agents are exposed, according to Article 90 of the Political Constitution of Colombia of 1991, the State must respond patrimonially for the unlawful damages that are attributable to it. Likewise, it is in charge of measures to restore the rights of minors, which must be applied in accordance with the principles of the best interests of the child, prevalence of their rights and co-responsibility contained in articles 13 and 44 of the Political Constitution of Colombia of 1991. State responsibility is examined when unlawful damage is caused to a child who is under the care and protection of the ICBF. for the foregoing, the study is limited to the particular case of non-contractual liability of the State, that is, one in which between victim and perpetrator there is no previous link, or if there is still such a link, the damage suffered by the The victim does not come from said previous relationship but from another circumstance, of course in the administrative headquarters attributable to the State or one of its agents, in which the author of the damage, State or State agent, as will be seen, is obliged to compensate the victim of a crime. Prejudice that does not come from a prior legal bond between the parties. Finally, given the object on which the present writing is based on the legal reference, it is proposed to call attention to the lack of foresight that in the matter of care for the abandoned children in Colombia has been brewing with the deficient controls of the competent bodies and the lack of effectiveness of the public policies of the State to make evident the enjoyment of the rights of this population, which requires special protection.