The Right of Petition

Right of Petition in Colombia: A Complete Guide

The right of petition is a mechanism that allows individuals to request information, make inquiries, or resolve issues affecting their personal or general interest before public or private entities that provide public services. This right is enshrined in Article 23 of the Colombian Political Constitution, which states: “every person has the right to submit respectful petitions to the authorities for reasons of general or particular interest and to obtain a prompt resolution. The legislator may regulate its exercise before private organizations to guarantee fundamental rights.”

The special aspect of this right is that it can be exercised by any person, regardless of age, orally or in writing, and even online. Being a fundamental right, the receiving entity must respond promptly, or it will incur a violation.

Although a lawyer is not required and it does not incur costs, the advice of a professional is recommended to ensure a correct and effective request.

Response Times for the Right of Petition

There are three types of Right of Petition requests:

1. Information requests.
2. Petitions, complaints, and claims.
3. Inquiries.

Article 14 of Law 1437 of 2011 stipulates that: “Except for special legal regulations and under penalty of disciplinary sanction, every petition must be resolved within fifteen (15) days of its receipt” (business days). In general, an entity has 15 business days to respond; however:

• Information requests must be responded to within 10 business days.
• Petitions to an authority regarding their position must be responded to within 30 business days (Article 14 of Law 1437 of 2011).

Can Entities Reject a Right of Petition Request?

Entities cannot reject a right of petition request, regardless of whether information is missing or if they are not the competent entity. If information is missing, the entity must indicate what information is lacking for the petition to be effective. If they are not the competent entity, they must forward the petition to the corresponding entity and send a copy to the petitioner informing them of the change of address.

In any case, failure to provide a response within the established deadlines allows the petitioner to file a Guardianship Action to enforce compliance with the right of petition (since this right is fundamental, the tutela is a defense mechanism that seeks the protection of fundamental rights).

Support in Processing the Right of Petition

At Servicio Legal, we support you in the complete management of the right of petition process, including the preparation of the necessary documentation. For more information, please contact Servicio Legal.