El enfoque diferencial de género en el derecho penal colombiano: Un análisis doctrinal, jurisprudencial y empírico (2010-2024). diálogos con Chile y México desde los derechos humanos

Abstract

Gender-based violence is as old as humanity itself, it reflects the patriarchy's social structures that have subjugated women individuals with different gender identities. Throughout history, this type of violence has been represented through various methods, including physical aggression, sexual assault, and emotional, and economic abuse and has taken place in both public and private places. Gender-based violence is the topic that the following doctoral thesis will cover through the context of the differential gender approach as a key element to understand discrimination and inequality dynamics that affect women and the LGBTIAQ+ community. This viewpoint would not only unfold the different ways that violence is represented but also raise the need to adapt the trial's legal framework to ensure equal and effective protection of human rights within the framework of Colombian criminal law. The key purpose is to examine and analyze the doctrine, norm, and jurisprudence that allows us to make evident the topic's advancement and to show Colombia's stance regarding rendering justice with issues related to gender-based violence. To accomplish this, a comparative analysis would be made with Chile and Mexico, nations where the implementation of these regulations, focusing on the differential gender approach, has evolved. Both countries significantly expanded their respective criminal laws to encounter GBVs, establishing rules and policies that seek to protect effectively women and the LGBTIAQ+ community. The comparative section would acknowledge the implementation and lessons that could be useful for executing the gender approach in Colombian criminal law. The methodological strategy would focus on qualitative socio-legal research, a documentary technique of primary and secondary sources, and a doctrinal and jurisprudential analysis. This approach allows us to highlight the laws and rulings vital components related to criminal law and gender approach to identify both progress and areas for improvement. In conclusion, the thesis states that despite Colombia's improvement toward the inclusion of the gender approach in criminal law, additional efforts are needed to guarantee its correct execution. Applying this perspective in Colombia's criminal justice system is a pending task that demands constant review and adjustment so the criminal law can be truly equal and inclusive.