Eficacia en la Aplicación Material del Delito Autónomo de Feminicidio en el Sistema Penal Acusatorio Colombiano: Una Mirada Hacía la Vulneración de los Derechos de la Mujer

Abstract

It is true that feminicide is considered a recent autonomous crime that imposes the responsibility of the active subject, thus being indispensable to counter this form of violence. In normative matters, this type of violence contains certain gaps, one of which consists of a difference that should be taxative between a homicide to a woman, and feminicide as a crime, that is, what is that thin line that exists between the two. crimes ?; this regarding the handling that is given within the accusatory criminal system, however, during 2017 in the city of Medellín, it was visualized that this phenomenon where women are reified and all the rights that, thanks to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) of 1979, guarantees all women an optimal quality of life, where all that is expected is to be respected and feel safe to sustain a relationship confident that nothing bad will happen. According to the UN “violence against women is a pandemic that affects all countries, including those that have made significant progress in other areas. Around the world, 35% of women have experienced physical or sexual violence by the intimate partner or sexual violence committed by a person who was not their partner ”(UN, s.f.). This research proposal is framed in a type of qualitative cut; It relies on the analysis of documentary information, from sources of the constitutional, legal, jurisprudential and doctrinal order that provided significant data to answer the problem question posed as follows; Is the material application of the crime of feminicide effective in the Colombian accusatory criminal system?