Constitutional Protection of Neurodevelopment Disorders

Abstract

This article addresses the issue of caring for a vulnerable population, specifically those with cognitive conditions, based on the author's personal experience. It analyzes and reviews the decisions of the constitutional high court in the context of the Convention on the Rights of Persons with Disabilities. Recent decisions focus on children and adolescents with cognitive disabilities, particularly in education and health issues, neglecting the adult and elderly populations, and issues such as employment, benefits, and minimum subsistence conditions.

Neurodevelopmental disorders, which affect cognitive functions such as memory, attention, language, and social interaction, create significant disadvantages for those who suffer from them. The State must guarantee protection mechanisms for these individuals, in accordance with the right to equality. In the Colombian legal system, special attention is given to children with Attention Deficit Hyperactivity Disorder (ADHD) and Autism Spectrum Disorder (ASD), conditions protected by the jurisprudence of the Constitutional Court through tutela actions. The tutela has been the ideal means to provide special protection for these disorders, highlighting the need for constitutional mechanisms to ensure the rights of this population.