Health care for migrants in Colombia
- Topic
A migrant, even without papers, has a right to emergency care without payment or documents; for the rest they must regularise and enrol.
What it is
Colombia receives large-scale migration, mainly from Venezuela. The Constitution gives foreigners the same civil rights and guarantees as nationals, within the limits set by law (art. 100). Enrolling in the health system requires a valid document, so a migrant with irregular status cannot enrol until they regularise. The Constitutional Court set a floor: every person, whatever their migration status, receives emergency care, and urgency is judged case by case. For pregnant women it includes prenatal check-ups and childbirth (SU-677 of 2017), and in exceptional cases it can include treatments such as chemotherapy (T-210 of 2018).
Key facts
- Constitution, art. 100: foreigners enjoy the same civil rights and guarantees as nationals, except for limits set by the Constitution or the law.
- SU-677 of 2017 (full Court, 15 November 2017): a pregnant migrant with irregular status was denied prenatal check-ups and free care in childbirth; the Court found her rights to a dignified life and physical integrity had been violated.
- SU-677: although pregnancy is not a disease, pregnancy, childbirth and the postpartum period require urgent care; urgency is not a generic concept but judged case by case.
- T-210 of 2018 (Sixth Review Chamber, 1 June 2018): it ordered authorisation of radiotherapy and chemotherapy for a migrant with cancer and urgent surgery for a migrant child.
- T-210: the department's responsibility lasts until the person is enrolled; the Court urged that guidance on migration regularisation be given.
- Differences in treatment based on nationality are suspect of discrimination and are accepted only with sufficient reasons (T-210).
In clinical practice
- No documents or payments are requested before treating an emergency; care comes first and paperwork after.
- Recording in the medical record why the condition is urgent helps the treatment get authorised and paid for.
- A pregnant migrant receives prenatal check-ups and care in childbirth and the postpartum period as urgent care.
- Telling the patient how to regularise and enrol is part of care: it opens the door to comprehensive care.
- If the payer denies urgent care ordered by the doctor, the patient can file a tutela, which is also available to foreigners.
Legal framework in Colombia
- Political Constitution, arts. 13 and 100.
- Statutory Law 1751 of 2015, art. 10, literal b (emergency care without document or prior payment) and art. 14 (no administrative authorisation for emergencies).
- Constitutional Court Rulings SU-677 of 2017 and T-210 of 2018; T-210 orders the costs to be covered by the department and, if needed, by the national funds of Decree 866 of 2017.
- Official texts checked on 2026-11-13: the Constitution at secretariasenado.gov.co, Law 1751 at funcionpublica.gov.co and the rulings in the legal compilation of the Superintendencia Nacional de Salud (the Court's own database did not respond that day).
Test yourself
Think of the answer, then tap the question to see it.
Can an ID document or payment be required before treating an irregular migrant's emergency?
No. Law 1751 (art. 10, literal b) prohibits requiring any document or prior payment for emergency care.
What did the Court decide in SU-677 of 2017 about pregnant migrants with irregular status?
That they have a right to basic and emergency care, which includes prenatal check-ups and care in childbirth and the postpartum period.
Can emergency care include cancer treatment for an irregular migrant?
Yes, exceptionally, when the treating doctor orders it as urgent and it cannot be delayed without endangering life (T-210 of 2018).
What does a migrant need to access comprehensive care beyond emergencies?
To regularise their migration status and enrol in the health system with a valid document.
Connections
Educational content on ethics and health law; not legal advice. Laws and case law change: each page links the official text and says when it was last checked. For a real case, read the text in force and ask a lawyer or the medical ethics tribunal.
Sources: Sentencia SU-677 de 2017, Corte Constitucional (Superintendencia Nacional de Salud, compilación jurídica, 2017); Sentencia T-210 de 2018, Corte Constitucional (Superintendencia Nacional de Salud, compilación jurídica, 2018); Ley Estatutaria 1751 de 2015, arts. 10 y 14 (Función Pública, Gestor Normativo, 2015); Constitución Política de Colombia de 1991, art. 100 (Función Pública, Gestor Normativo, 1991); Refugee and migrant health (World Health Organization, 2026).
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Representative model, for educational purposes only.