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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
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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.

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Chapter
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Publisher: Cambridge University Press
Print publication year: 2004

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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)

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