Normative-Operational Dissonance of Law 2421 of 2024: How operational gaps affect the prioritization pathway for victims over 68 in Colombia

Abstract

On August 22, 2024, Law 1448 of 2011—which established measures for the attention, assistance, and integral reparation of victims of the armed conflict—was amended and superseded by the enactment of Law 2421 of 2024. While this normative reform has a broad impact on the legal system, this article focuses specifically on its incidence within the administrative compensation cycle, with a differential approach for elderly persons over 68 years of age. In accordance with Law 1448 of 2011 and Article 149 of Decree 4800 of 2011, administrative compensation is defined as an integral reparation measure consisting of economic compensation for damages resulting from infractions of International Humanitarian Law or grave violations of Human Rights within the framework of the internal armed conflict. Furthermore, pursuant to Resolution 1049 of 2019 of the Victims Unit, individuals entitled to this right who are over 68 years of age may access it through a priority route. Through a legal-dogmatic method with a multidimensional approach—combining systematic normative analysis with the teleological intent of the legislator—this analytical legal research reflects upon the procedural architecture implemented by the Victims Unit. The study concludes that the current priority route for administrative compensation fails to guarantee the minimum criteria mandated by the legislator, who has emphasized that victims over 68 years of age must receive clear, comprehensible, and updated information regarding the queuing system, as well as its implications and scope in accessing the administrative compensation cycle.