Medidas de protección: ¿Garantías efectivas para contrarrestar la violencia ejercida sobre la mujer en Colombia

Abstract

In recent decades, cases of aggression against women have become an obvious problem, since every year despite protection measures, the number of femicides has increased abysmally. Although the measures are granted, the procedure is not as effective, since these must be requested by the victim before the Commissioner or the Prosecutor, but not before meeting some requirements, an aspect that leaves the taxpayer and/or victim in state of defenselessness, since it allows delays in the process and the delay in it, and when protection guarantees are taken for the woman victim of violence, they are not strong enough and make them ineffective as they are not optimal for the victims . Now, although there is a broad regulatory framework such as Law 1959/2019, Law 1257/2008, Law 1761/2015, among others. In almost all situations in which the victimized woman denounces the aggression before the authority in charge, a prompt solution is not achieved to those moments of anguish suffered because of her aggressor, but rather, on the contrary, they have ended up being murdered by their perpetrators who, according to It has been shown that in most cases they are their same sentimental partners. From the above, the Colombian National Constitution of 1991, the Sanction Law and measures to avoid different types of aggressions towards women will be analyzed. of 2008, the law that creates femicide, law 1959/2019 that changes and adds articles to the Penal Code, and finally, the Belén Convention. The purpose of which is to safeguard the fundamental guarantees of women who have been, at some point in their lives, the object of gender-based aggression.