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Minors & Advertising Aesthetical Medical & Surgical Procedures In Colombia

Author:Mr Juan Uribe (Triana, Uribe & Michelsen)
Profession:Global Advertising Lawyers Alliance (GALA)

In Colombia, 30% of the aesthetic procedures performed correspond to surgeries performed on minors. This troubling percentage led to the enactment of Law 1799 of 2016, which introduced the prohibition of performing medical and surgical procedures on children and adolescents under the age of 18, even with the consent of the parents. Such legislation also banned advertising promotion aimed at minors of aesthetic medical and surgical procedures, as well as the use of minors in advertising campaigns of those practices.

While the act was received with joy by those with a zeal for regulation and control, a citizen filed a claim before the Constitutional Court alleging that it breached the fundamental fights to intimacy, free development of personality and work of minors.

In respect of the performance of medical and surgical procedures, the Corporation declared the limited constitutionality of the prohibition, in the understanding that the it does not apply to adolescents over 14 years of age who have the evolutionary capacity to participate with those who have parental authority, in the decision about the risks that are assumed with that type of procedures and in fulfillment of the informed and...

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