Análisis de las sentencias del tribunal administrativo de Caldas en los procesos de reparación directa en las que podría haber sido aplicada la perspectiva de género.

Abstract

The "Analysis of the judgments of the Administrative Court of Caldas in the processes of direct reparation where the gender perspective should have been applied" is an ethnographic and interpretative study to understand and analyze decision criteria of the Administrative Court of Caldas, from the degree of affectation of the women and that degree of proportion was the integral reparation as a result of the failures. This leads to unraveling what were the factors of violation of women's rights and under what perspective was studied by the Magistrates of the Administrative Court of Caldas. In order to analyze the issue, sentences passed by the administrative tribunal, current doctrine, were examined; likewise, the current norm and jurisprudence were observed, unraveling the language and / or speeches issued by the magistrates of that court and the Constitutional Court and the Council of State, using the methodology of the hermeneutical research logic. As results we have that the magistrates of the Administrative Court of Caldas make their decisions protected by the evidence, however, determine when to apply the gender perspective is a little explored possibility as the parties, especially the victims do not have easy access to tests and many times the burden of proof unbalances the power relations between the parties. Likewise, it was possible to conclude that women continue to be victimized by society given the lack of guarantees to effectuate their rights and materialize a true integral reparation of the damage.