Colombian law protects the rights of people with epilepsy to health care, employment, and education

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By Nancy Volkers, ILAE communications officer

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Volkers N. Colombian law protects the rights of people with epilepsy to health care, employment, and education. Epigraph 2025; 27(4): 9-12.

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In 2010, the Colombian government passed a law specifically protecting people with epilepsy from discrimination and guaranteeing them health care, including medications, surgery, and other tests and treatments.

Called Colombian Law 1414, the legislation was spearheaded by neurosurgeon Jaime Fandino Franky—past president of the Colombian League Against Epilepsy—and Senator Manuel Virgüez, who assisted in writing the law and shepherding it through the process.

“The law gives a better life for people with epilepsy, especially in health care,” said Dr. Carlos Mayor Romero, a neurologist and epileptologist at the Hospital Universitario Fundacion Santa Fe de Bogota. “It requires that people with epilepsy must have access to medications, EEG, MRI, video EEG. Also epilepsy surgery, nerve stimulation, deep brain stimulation.” 

Other Latin American countries have broader laws protecting people with disabilities, but Colombia appears to be the only country in the region with legislation specific to people with epilepsy.

Tutela: Power to the people

The law is often enforced through an existing constitutional mechanism in Colombia called tutela, which allows any citizen to bring suit against a public authority when they believe their rights are being violated or threatened. The process is designed to be simple, equitable, and speedy: Anyone can file a tutela in any court, either orally or in writing, and it must be reviewed within a short timeframe, usually 10 days.

Many other Latin American countries have a similar mechanism, usually called amparo; however, in most countries the process is not as accessible to citizens nor as quickly resolved as in Colombia. Countries also vary in their scope of protection. In Europe, some countries use constitutional complaints as a way for people to challenge fundamental rights violations by public authorities. However, these complaints are typically used as last resorts and can be complicated to execute.

The 2010 law may have set the stage for legislation codifying health care as a human right. In 2015 Colombia passed Law 1751, which recognizes a constitutional right to health regardless of financial situation. It mandates effective and timely access to health care for all citizens. A 2022 study found that several months after the law was passed, 53% of surveyed adults were aware of Law 1751 and 21% of surveyed adults had filed tutela actions relevant to it.

A 10-year process

Passing the law took 10 years to accomplish, said Dr. Fandino Franky. “No one had taken the initiative until we became obsessed with it and did not stop until we had truly finished the fight.”^*

To lobby for approval of the law, Dr. Fandino Franky spoke personally with every member of the country’s Constitutional Chamber, as well as 90% of the Senate. The legislation passed, making its way to the president’s desk, where it stopped. “The president did not want to sign it,” he said. “But we did not give up.”

Many experts then spoke before the Colombian Parliament in support of the legislation, including Drs. Hanneke de Boer, Carlos Acevedo, Hans Luders, and Peter Wolf (ILAE President 2005-2009), as well as many others. Dr. Fandino Franky consulted with a professor of constitutional law and collaborated on a communication for Colombia’s Attorney General, who supported the legislation, and the Honorable Constitutional Court, which approved it unanimously. The overwhelming support forced the president’s hand.

Medical care for epilepsy

Nearly all anti-seizure medications are available in Colombia, said Dr. Mayor-Romero, though sometimes there are shortages in certain areas. The law provides a workaround.

“People know they have a right to medication, and sometimes if they learn that a medication is currently not available, they will say, ‘This is a right that I have, so you have to give me the medication’ and they can take legal action to get it,” he said. “It’s amazing.”

The law also provides for timely access to care for people with epilepsy from their preferred health care providers.

“I work in a large hospital, and people know we have good providers and epileptologists,” said Dr. Mayor-Romero. “If they want me to see them, they can petition for that and we receive a call saying that we need the patient to be seen this week. I really love that. Patients know they have the law in their favor and take power over their health.”

Employment protection

The law also protects the rights of people with epilepsy to access and participate in education, sports, and employment. The families of children with epilepsy have the right to Health Service System benefits.

“I don’t think it happened frequently before, but I remember people saying they were let go from their jobs because the employer said they had a disability,” said Mayor-Romero “Now, nobody can fire you because you have epilepsy. You can sue, and the company has to give your job back. The only thing is a recommendation that if someone does not have controlled seizures, they cannot drive or undertake activities that have certain risks. But in general, people with epilepsy can be hired for regular jobs.”

In addition, people with epilepsy can request accommodations. “You can have more seizures on night shifts, so people have the right to not work nights,” said Mayor. “I can write a prescription saying that someone cannot be on night shifts.”

Improving awareness, reducing stigma

Law 1414 also provides access to epilepsy education for caregivers and family members, and mandates societal buy-in through educational and awareness activities.

Public awareness of Law 1414 has been spread through events such as International Epilepsy Day and Purple Day, as well as television and radio programs. Epilepsy advocacy organizations also make people aware of the law and how it protects them.

Although no formal research has evaluated the impact of the law on the epilepsy treatment gap or quality of life among people with epilepsy in Colombia, Dr. Mayor Romero said the law has made a difference.

“I think the stigma is less every day, at least in the cities, and people are very open to talk about epilepsy,” he said. “Some medical students and residents are also my patients, and they are very open. They share with other patients or colleagues, ‘Yes, I have epilepsy and I’m working and doing this and that.’”

Ley colombiana 1414 (español)

Colombian Law 1414 (English)

_{*Dr. Fandino Franky’s responses were received in Spanish via email and translated into English. Any errors in translation are the responsibility of Epigraph.}