La medida cautelar anticipatoria y la tutela como medidas efectivas para la reducción de la cantidad de personas en condición de apátridas o en riesgo de apatridia en Colombia

The objective of this paper is to analyze the factors that would make a provisional precautionary measure appropriate in an injunction against the granting of a nationality to children at risk of statelessness or statelessness in Colombia. From a methodological point of view, this is a pure legal research project, with a documentary design. A qualitative approach is used, and the main sources are jurisprudence, doctrine and research articles. In the results and conclusions section, barriers are identified and exposed, such as a limitation to persons’ enjoyment of rights and the Colombian State’s recognition of international instruments to adopt sufficient effective measures to achieve minimum protection standards for stateless persons and persons at risk of statelessness. There are no known broad scope regulations on the recognition of stateless children. There is a lack of adequate action on the part of entity officials. This study seeks because of the nature and scope of an injunction claim, to point out some criteria that would make an anticipatory precautionary measure in an injunction proceeding appropriate for the granting of nationality to stateless children in Colombia.