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12 - Between Constitutional Jurisdiction and Women's Rights Organizations

Women, War, and the Space of Justice in Colombia

Published online by Cambridge University Press:  05 June 2012

Beverley Baines
Affiliation:
Queen's University, Ontario
Daphne Barak-Erez
Affiliation:
Tel-Aviv University
Tsvi Kahana
Affiliation:
Queen's University, Ontario
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Summary

On April 14, 2008,the Colombian Constitutional Court produced a decision that seems amazing given the local context: Auto [Statement] 092/2008 (Statement) for the protection of internally displaced women (IDW). After 248 pages, the Constitutional Court declared that the disproportional effect of forced displacement on women's lives was a fact, meaning that the overwhelming majority of victims of displacement are statistically female. The court established two “constitutional presumptions” to make the procedural evaluation of the effects of this kind of crime easier. The court also ordered the government to create thirteen special programs to assist IDW as well as to undertake specific measures of protection that are considered, through this same statement, a response to 600 complaints.

The surprising novelty of this decision goes beyond its extension and the statistics analyzed by the court. This statement is not a typical decision, what is known in Colombia as an “acción de tutela.” The process begins, formally speaking, with an examination of facts, which could be a violation or a serious menace to civil rights (an effective damage is not necessary; just a threat justifies the use of the action) and finishes with a decision to stop the menace and restore the right issued from this examination. Statement 092 also develops a thorough study on the impact of the war on the life of Colombian women, in particular the problems related to forced displacement and sexual assault.

Type
Chapter
Information
Feminist Constitutionalism
Global Perspectives
, pp. 223 - 239
Publisher: Cambridge University Press
Print publication year: 2012

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References

2001
2008
Council, Sudan. Human RightsReport of the United Nations High Commissioner for Human Rights on the Situation of Human Rights in Colombia 54 2008
2008
2007
2005
Corporación Casa de la Mujer 2008
1994
Revillard, Anne 2007
2006
2006
International, Amnesty 2004
2006
O’Donovan, Katherine 1989
2001
2001
Rights, Human 1998
Chevallier, Jacques 2007
Mizumachi, Y. 2006
MacKinnon, CatharineFeminism, Marxism, Method, and the State: Toward Feminist Jurisprudence 8 1983
Williams, Joan 1999
Duque, Federico Guzmán 2008
2002

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