Acoso Laboral y Sexual Contra la Mujer en la Función Pública Colombiana: Estándares Internacionales, Brechas de Implementación y Responsabilidad del Estado

Abstract

This research article provides an analysis of the international regulatory framework alongside the current challenges faced by the Colombian State regarding the legal and social issues of discrimination, workplace harassment, and sexual harassment against women within the public sector. It determines the standards that guide the Colombian State toward proper compliance and adherence to current regulations, seeking a public work environment free from violence, with guarantees and protection for women in the civil service. Accordingly, this research is composed of four chapters. The first chapter specifically addresses international standards for gender equality and the eradication of workplace and sexual harassment, as well as their incorporation into the Colombian legal system based on relevant rulings, concepts, and recommendations issued by international organizations. The second chapter identifies the legal obligations and commitments undertaken by the Colombian State regarding workplace and sexual harassment of women in the public sector, stemming from the ratification of the international instruments mentioned in the previous chapter and their subsequent incorporation into domestic legislation and public policy. The third chapter evaluates the existing gaps and discrepancies between international commitments and their effective implementation within the public administration. Finally, the fourth chapter focuses on an analysis of the breach of functional duties by the public administration, as well as an analysis of State liability regarding the lack of adherence to prevention protocols and proper protection against workplace and sexual harassment, identifying the consequences of institutional silence by the Colombian State. Lastly, a series of critical and constructive conclusions are presented, seeking a transformation from the merely formal and legal to what is truly mandatory and protective by the Colombian State, in pursuit of fulfilling its core objective in relation to Administrative Law: the State as an employer.