Report 2624
Colombia has just set the tone. A court in Cartagena resolved a guardianship action, which in Peru we would call an amparo action, in response to Law 2213 that incorporates ICT (information and communication technologies) in the judicial process.
When the judge resolved the case, he was very emphatic in stating that the use of this artificial intelligence was limited to optimizing the time for drafting the sentence, with the aim of expediting the issuance of the ruling.
The Firm will resolve to add the grounds for the resolution of the case based on the construction of texts carried out in the IA application https://chat.openai.com/chat as an initiative that allows speedy resolution of matters of guardianship.
The purpose of including these AI texts is in no way to replace the Judge's decision. What we really seek is to optimize the time spent in drafting sentences, after corroborating the information provided by IA.
The guardianship action was filed by the family of Salvador Espitia Chávez against EPS Salud Total.
At the time of ruling, the judge developed certain arguments for his decision with the help of ChatGPT, a very sophisticated artificial intelligence system that aims for Colombia to position virtuality as a fundamental pillar of justice.
How did the facts of the case occur?
Salvador is a little boy diagnosed with Autism Spectrum Disorder (ASD), for which he needs constant therapies to improve his language skills. Salvador's family does not have the money to pay for transportation, the moderator fee, among other expenses for each session.
Thus, after consulting with lawyers, his relatives filed a guardianship action so that the fundamental right to life and health of the child is respected.
Specifically, what his relatives wanted was to exonerate him from paying the financial amounts due, in addition to providing him with a transportation system or assuming his therapy and housing expenses.
Notable rationale: On the other hand, taking into account that Law 2213 of 2022 has the purpose of incorporating ICT in judicial processes, it will be resolved to extend the arguments of the decision adopted, according to the use of artificial intelligence (AI ). Consequently, sections of the legal problem raised in this judgment were included and entered into the application https://chat.openai.com/chat.
The following questions were asked in the application.
Is an autistic minor exempt from paying moderator fees for their therapies?
The response of the AI application:
Yeah that's right. According to the regulations in Colombia, minors diagnosed with autism are exempt from paying moderator fees in their therapies. This benefit is regulated by Law 1753 of 2015 and applies to all institutions that provide public or private health services that receive resources from the general social security health system.
Do guardianship actions in these cases have to be granted?
The response of the AI application:
In the event that a health service provider institution does not comply with the exoneration of moderator fees for a minor diagnosed with autism, the person or their legal representatives may file a guardianship action to protect their rights. Guardianship is a fast and effective judicial mechanism to protect fundamental rights that are violated.
If it is shown that the right to health of the minor with autism is being affected by the requirement to pay moderator fees, it is probable that the guardianship action will be granted and the institution providing health services will be ordered to comply with the exoneration. However, each case is unique and the final decision depends on the specific facts and circumstances of the case.
Is demanding the moderating fee in these cases a barrier to accessing the health service?
The response of the AI application:
Yes, in some cases, the requirement to pay moderator fees can be a barrier to accessing health services for people diagnosed with autism, especially if they have difficulties obtaining income or if their economic situation is precarious. The requirement to pay moderating fees can prevent or hinder access to essential treatments and therapies for the well-being and development of children with autism. For this reason, regulations in Colombia exempt minors diagnosed with autism from paying moderator fees for their therapies, with the aim of guaranteeing access to these essential health services without financial obstacles.