La Reparación Integral Frente a la Reparación Transformadora de las Víctimas de Abuso Sexual en el Conflicto Colombiano

Abstract

The state obligation to repair women victims of sexual violence in the context of the armed conflict in Colombia has been approached mainly from the perspective of comprehensive reparation, which governs most of the current jurisprudence in this regard. This work proposes to carry out a reassessment of this comprehensive approach from the transformative reparation model, which establishes a differential, critical and structural look at the way of approaching social projects that seek to repair the damage caused to sexually assaulted women. Thus, the problem of carrying out a proper characterization of the victims from the gender perspective appears, as well as building a national legal framework that adapts and integrates to the parameters of Human Rights and International Humanitarian Law; Finally, it is about how to legally and conceptually base the transformative reparation model, which does not attempt to return the victim to an initial situation as proposed by the comprehensive approach, but rather proposes modifying the conditions of possibility of the logic of violence against women, seen from a gender perspective.