A/HRC/59/49/Add.1
care, particularly for groups in situation of vulnerability, such as pregnant women and people
requiring treatment for mental health or catastrophic illnesses. In addition, the inconsistent
interpretation of vital emergencies across the hospital system has led to unequal access to
emergency care. Furthermore, insufficient resources for mental health services has resulted
in inadequate care, despite its identification as a critical need. Owing to systemic gaps, many
migrants and refugees resort to unapproved ways to address health issues, including selfmedication, leading to serious consequences, including fatalities, disabilities and negative
health consequences, affecting both patients and their families.
44.
The disproportionately negative impact of internal armed conflicts on the right of
migrant and refugee populations to access healthcare is underreported. There are numerous
reports of sexual exploitation of Venezuelan refugees and migrants, in particular women,
children, adolescents and LGBTIQ+ persons, who were recruited by criminal and armed
groups and subsequently tested positive for sexually transmitted diseases, including HIV:
these people are oftentimes unable to access healthcare services owing to their irregular
situation.
D.
Education
45. Colombia recognizes the right to education as a fundamental right and a public service,
extending its protection to all individuals within its territory, regardless of nationality, in line
with articles 44, 67 and 100 of the Colombian Constitution. Ensuring access to education for
children and adolescents has been a key pillar of the Colombian response to migration, which
promotes integration, social cohesion and non-discrimination.
46.
The National Council for Economic and Social Planning, through document CONPES
3950 of 2018, has established a road map for improving school coverage and validating
diplomas for Venezuelan children and adolescents. In that document, the Council also
emphasized the importance of developing civic and socio-emotional skills to prevent
xenophobia and strengthen social inclusion. Similarly, in document CONPES 4100 of 2022,
the Council laid the foundation for a long-term policy, to be implemented progressively until
2032, that aims to adapt institutional responses to the evolving socioeconomic and cultural
integration needs of Venezuelan refugees and migrants.
47.
By Decree 1288 of 2018, Colombia established policies to guarantee access to
institutional services for Venezuelan refugees and migrants, while also addressing measures
for the return of Colombian nationals. Furthermore, in joint circular No. 16 of 2018, the
Government provided instructions for the care of Venezuelan children and adolescents in
Colombian educational institutions, ensuring equal treatment and access to schooling. In
circular 038 of 2023, Colombia reaffirmed education as a universal right, updating and
expanding guidelines to guarantee enrolment and the continuity of schooling for refugee and
migrant populations.
48.
National policies have resulted in a significant increase in the enrolment of migrant
students in school. The number of migrant children and adolescents in the Colombian
education system rose from 34,030 in 2018 to 623,059 in 2023, before slightly decreasing to
611,314 in 2024. Currently, Venezuelan students represent 9 per cent of the total school
population.
49.
At a practical level, some migrant parents, especially those in irregular situations, face
difficulties in enrolling their children in school. Although the Colombian Constitution
stipulates that the State shall provide education to all, in practice, some schools require that
migrant children be registered in the healthcare system as a precondition for school enrolment.
This has become an obstacle for migrant families in irregular situations. In other cases, public
schools may accept migrant children who are not registered in the healthcare system as
students but will not allow them to participate in extracurricular activities owing to fears of
injury during sports or other programmes. These barriers seem to result from a lack of
understanding or misinterpretation of the law and resource constraints. While the salaries of
teachers and the cost of school feeding are paid by the central Government, additional
services, including extracurricular activities, are provided by local authorities.
GE.25-06163
9