Incidencia de la sentencia T- 043 de 2015 en la política pública distrital para el fenómeno de habitabilidad en calle (2015-2025)

Abstract

The judgment 7-043 – 2015 established between others guidelines for the attention of habitant population of the street. The obligatory of having with the free consent and informed, previous to start of any kind of treatment. This pronouncement of the constitutional court it is medical constituted in a barrier for the Distrital Administration at the moment of implement. The Distrital Public politic for the phenomenon of homelessness 2015-2025 due that a high percentage of the population presents deterioration of the physical health and mental. Like consequence of the problematic consumption of psychoactive substances and the violence. That characterizes the life on the streets. Such situation supposed that the public administration can’t come to the process of declaration of interdiction for approaching the phenomenon of homeless people but nevertheless it is required to comply with the ready of the law 1641 de 2013 by which for the first time it established a regulatory framework that searches go to guarantee, promote, protect and restore the rights of these people with the purpose of achieve the integral attention rehabilitation even social. In this order of ideas the conflict originated for the incidence of the decisions of the judicial branch in the ambit of performance of the executive branch it implies also the analysis of the collision between the fundamental rights to the health and the individual freedom.