Skip to main content Accessibility help
×
Home
Hostname: page-component-99c86f546-t82dr Total loading time: 0.284 Render date: 2021-11-29T19:05:23.817Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "metricsAbstractViews": false, "figures": true, "newCiteModal": false, "newCitedByModal": true, "newEcommerce": true, "newUsageEvents": true }

3 - Emancipatory Equality: Gender Jurisprudence under the Colombian Constitution

Published online by Cambridge University Press:  14 January 2010

Martha I. Morgan
Affiliation:
Robert S. Vance Professor of Law, University of Alabama School of Law
Beverley Baines
Affiliation:
Queen's University, Ontario
Ruth Rubio-Marin
Affiliation:
Universidad de Sevilla
Get access

Summary

After decades of extreme violence, many Colombians eagerly embraced the 1991 Colombian Constitution, some hailing it as a peace treaty. It was drafted and adopted by a specially elected constituent assembly approved in response to a student campaign that rallied support for constitutional reform under the slogan, “We can still save Colombia.” Admittedly, the new Constitution has fallen far short of the bold expectations of those who envisioned it as a “peace treaty” for a country that is still marked by seemingly unfathomable levels of violence. But the 1991 constitutional assembly presented an opportunity for a broad spectrum of the diverse society to unite around a new “social contract,” replacing the country's 1886 Constitution (then Latin America's oldest) with a modern document.

Despite the broadly proclaimed representativeness of the 1991 constituent assembly, women were vastly underrepresented — only four of the seventy-four members were women. But women and organizations advocating their causes were active outside the assembly as well. They participated in the official worktables organized, regionally and by sector, to collect citizen proposals for constitutional change. As a result of advocacy and lobbying activities, they obtained support for much of their agenda from both men and women within the assembly. In contrast to the 1886 Constitution, which did not even include an express equality provision, the 1991 Constitution includes broad tri-generational civil and political, social, and collective rights, including not only provisions specifically addressing gender equality but also several other gender-related protections.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2004

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Conference of Supreme Courts of the Americas, “Legal System of Colombia” (1996) 40 Saint Louis University Law Journal1353–6
Judicatura, Consejo Superior de la, “Corte Constitucional: Sujetos de Especial Protección en La Constitución Política” (1992)Google Scholar
Morgan, Martha I. and Buitrago, Mónica Alzate, “Constitution-Making in a Time of Cholera: Women and the 1991 Colombian Constitution” (1992) 4 Yale Journal of Law and Feminism353–413Google Scholar
Martha I. Morgan and Mónica María Alzate Buitrago, “Founding Mothers in Contemporary Latin American Constitutions: Colombian Women, Constitution Making, and the New Constitutional Court” 204–18 in Katherine Wing Adrien, ed., Global Critical Race Feminism: An International Reader (New York: New York University Press, 2000)
Morgan, Martha I., “Taking Machismo to Court: The Gender Jurisprudence of the Colombian Constitutional Court,” (1999) 30 University of Miami Inter-American Law Review253–342Google Scholar
Nagle, Luz Estella, “Evolution of the Colombian Judiciary and the Constitutional Court” (1995) 6 Indiana International and Comparative Law Review59–90Google Scholar
Nagle, Luz Estella, “The Cinderella of Government: Judicial Reform in Latin America” (2000) 30 California Western International Law Journal345–79Google Scholar
Jenny Pearce, Colombia: Inside the Labyrinth (New York: Monthly Review Press, 1990)
Judicial Branch of the Colombian State, online: <http://www.ramajudicial.gov.co>
Observatorio legal de la mujer: El legado de la Constitución (Bogotá: Centro de Investigaciones Sociojurídicas, Universidad de los Andes, Facultad de Derecho, 1998)
R. Rodríguez, Nueva estructura del poder público en Colombia, 5th ed. (Bogotá: Editorial Temis, Libardo, 1994)

Send book to Kindle

To send this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle.

Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Send book to Dropbox

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox.

Available formats
×

Send book to Google Drive

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive.

Available formats
×