El Delito de Feminicidio en Colombia, Principio de la Dignidad Humana y Aplicación de la Ley 1761 de 2015

Abstract

The issue of domestic violence from a social and legal context, involves a series of analytical elements through which it is possible to establish the progress and value that this context has had, based on constitutional, regulatory, jurisprudential and doctrinal provisions. , from which the respect, guarantee and protection of human rights and the affectation that could occur before principles such as human dignity in Colombia are tended. Going deeper into the issue of violence against women within the family by their husbands or permanent partners, is even more accentuated when force and gravity take over situations and moments, leading to what is commonly known as the crime of Femicide and that in Colombia is governed by Law 1761 of 2015, even though by 2008 guidelines had been established regarding domestic violence with Law 1257 of 2008. Therefore, delving into this context relates elements of a social and legal order through which the crime of femicide is explained and how it affects human dignity, by not guaranteeing and protecting the rights of the victims, in this case the victims. women, who are subjected to violence within their families and whose aggravating circumstance for the perpetrators is precisely the imposition of restrictive measures and much more drastic and forceful penalties given the seriousness of the crime. The analysis of the crime of Femicide in Colombia, taking into account the Principle of Human Dignity and the same application of Law 1761 of 2015, defines the current development of the crime at the local level, its contextualization against the principle of human dignity, supported in the Constitutional, Jurisprudential and Doctrinal analysis.