Evolución Jurisprudencial de la Protección Constitucional de las Mujeres Lideresas Víctimas de Desplazamiento Forzado en Colombia: Alcances y Límites de la Acción de Tutela (2015–2025)

Abstract

Forced Forced displacement constitutes one of the most serious consequences of the Colombian armed conflict and has had particular effects on women who exercise social or community leadership or engage in the defense of human rights. In addition to the consequences of displacement, these women may face threats and other forms of violence associated with their gender and leadership activities, circumstances that have led the Colombian Constitutional Court to develop specific criteria for their protection. This research analyzes the evolution of the jurisprudential criteria developed by the Colombian Constitutional Court between 2015 and 2025 for the protection of the fundamental rights of women leaders who are victims of forced displacement, with the purpose of establishing the scope and limitations of the acción de tutela as a constitutional protection mechanism. A qualitative, legal-documentary, and jurisprudential approach was adopted, based on a comparative analysis of selected judicial decisions according to their relationship with forced displacement, women’s leadership, reinforced constitutional protection, differential and gender approaches, risk assessment, and the effective enjoyment of rights. The results show a jurisprudential evolution characterized by greater precision in assessing the particular circumstances of displaced women leaders and the conditions that protection measures must meet. The analyzed case law highlights the importance of reinforced constitutional protection, differential and gender approaches, individualized risk assessment, and the adoption of suitable, timely, and sufficient measures. Furthermore, constitutional protection cannot be assessed solely on the basis of a favorable judicial decision or the formal compliance with a court order; its effects on the effective enjoyment of rights must also be considered. In conclusion, the acción de tutela has significant scope as a mechanism for immediate constitutional protection, as it enables constitutional judges to intervene in situations involving threats or violations of fundamental rights and to order or review protection measures. However, its main limitation lies in the potential gap between obtaining a judicial decision, complying with the measures ordered, and achieving material protection in practice. Therefore, the effectiveness of the acción de tutela must be assessed by distinguishing among these different stages and considering the available evidence regarding their effects on the effective enjoyment of rights.