Ruling T-025, 2004 on Displaced Persons - have repeatedly omitted to take the necessary corrective measures to effectively provide the level of protection to which the displaced population is legally entitled. (p. 11 #2.2) Court retained its jurisdiction to verify the compliance of state entities to its order. 4. Key Points - Court attributes inadequate state response to i) “precariousness of institutional capacity to implement the policy,” and ii) “the insufficient appropriation of funds” (p. 30 #6.3) - Court identifies discrepancy between stated policy and concrete implementation: “there exists an excessively broad gap between the issuance of legal provisions and the drafting of documents, on the one hand, and practical results, on the other” (p. 32 #6.3.1.2) - Court defines State’s minimum duty to provide support for socio-economic stabilization displaced persons: State must identify specific circumstances of displaced person’s individual and family situation, his or her immediate place of origin, and the “alternatives of dignified subsistence available to him or her, with the aim of defining that person’s concrete possibilities of undertaking a reasonable project for individual economic stabilization, or participating in a productive manner in a collective project, for the purpose of generating income which may allow him or her, and any dependent displaced relatives, an autonomous livelihood” (p. 12) - Court ordered National Council for Comprehensive Assistance to the Population Displaced by Violence to “define the level of resources” which would “effectively fulfill the obligations of the state, regardless of the duty to protect, in a timely and efficient manner, the aforementioned minimum rights” within two months. (p. 13 #2) - Court also specified, “in case it is necessary to re-define priorities and modify any aspects of the State’s policy in order to comply with this mandate, said Council shall be granted a term of one year for that purpose” (p. 13#2) 5. What was the court’s reasoning in reaching its decisions? - Answers to Court-created questionnaire on State programs and other documents indicated broad and generalized discontent by public and private organizations with State response, as well as by displaced communities themselves (p 29 #6.2.2) - Court supports its conclusion that “public policies for assisting the displaced population have failed” by citing a study indicating that 92% of the displaced population has unsatisfied basic needs, 80% is in conditions of extreme poverty, 63.5% has inadequate housing, and 49% lacks access to public utilities. The study also shows that the displaced population only consumes 43% of the calorie levels recommended by the World Food Program and 23% of the displaced children under six years of age are below the minimum nutritional standards. Consequently, the displaced population disproportionately suffers inadequacies in the size/weight and weight/age ratios, deficits