Análisis jurisprudencial del tipo penal de feminicidio

Abstract

The historical trajectory of violent practices against women has ended up forging a phenomenon of structural violence that affects societies all around the world. Thus, we have reached the point of considering the eradication and visibility of these generalized and standardized practices, as a necessity of modern societies. Because of this, in a recent way, the Colombian State decided to incorporate feminicide into the acquis of national legislation in criminal matters, as a criminal type that is independent of homicide. The crime of feminicide, it could be said, is still novel, and in that sense it has not been the object of a vast jurisprudential development; The judgments that have explained and developed their content in depth are quite scarce. Notwithstanding the above, the few jurisprudences that have been given the task of explaining it, have developed important elements that need to be analyzed in order to fully understand the implications of this crime. In this sense, the present text deals with the articulation and disaggregation of relevant sections of the pronouncements of the high courts in Colombia, and of the Inter-American Court of Human Rights in relation to the matter, with the aim of establishing clarity regarding the origin and the extent of femicide as a criminal offense.