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deber de protección

Decisión 1247 de junio 5, 2018

This decision promoted the systematization of complaints relating to domestic and intra-family violence. It updated the ‘Violence Registration Form’ approved by Decision nº 454 dated April 24, 2007. The form promotes a system of centralized information and, consequently, accurate statistical indicators that will help authorities to better understand and prevent violence against women.

Decisión 662 de diciembre 14, 2010

This decision provides that complaints of domestic violence must be channeled through the ‘Permanent Attention Office’ (Oficina de Atención Permanente). This Office is responsible of receiving all types of domestic or intra-family violence claims, without making any distinction based on the sex or age of the victims. Since violence against women constitutes a violation of human rights, the creation of the Office is intended to streamline judicial proceedings, serving victims of physical or mental abuse in a timely and efficient manner.

Decisión 845 de octubre 1, 2013

This decision resolved to implement the content of the ‘United Nations Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders,’ known as the ‘Bangkok Rules.’ The incorporation of such rules seeks for the creation of public policies aimed to eliminate discrimination against convicted women, establish legal protection of women’s rights in courts, and promote equality between women and men before the Justice Administration System.

Decreto 164 de enero 25, 2010

This decree created a cross-sectional commission called the ‘Mesa Interinstitucional para Erradicar la Violencia contra las Mujeres’. Its purpose is to join efforts for the coordination and cooperation between public entities in order to achieve comprehensive and accessible quality care for women victims of any kind of violence. The commission is comprised by the ministries and directors of public agencies from several sections, including technology, education, culture, justice, among others.

Decreto 1930 de septiembre 6, 2013

This Decree adopted the National Public Policy of Gender Equity (‘Política Pública Nacional de Equidad de Género’). It aims for the development of specific plans and programs that guarantee the rights of forcibly displaced women, including their right to a violence-free life. The policy also acknowledged the importance of the differential approach from the gender perspective, taking into account the particularities arising out of urban and rural context, Afro-Colombian, indigenous, and peasant women.

Ley 1257 de diciembre 4, 2008

This law enacted rules for the prevention and sanction of several forms of violence and discrimination against women. It established provisions that guarantee all women i) a life free of violence, both in the public and private sectors, ii) the exercise of their rights granted both by the domestic and the international legal systems, iii) access to administrative and judicial procedures for protection and attention, and iv) the adoption of public policies against violence and discrimination.

Ley 294 de Julio 16, 1996

This law aims to develop article 42 of the Constitution which establishes standards to prevent, remedy, and punish domestic violence. The Law stipulates the behaviors considered violative of structured harmony/unity within a family, protective measures against domestic violence, medical and physiological assistance for victims, and sanctions by the courts against the aggressor.

Ley para la Protección de las Mujeres contra Todas las Formas de Violencia Nº 5777 de 2016, diciembre 29, 2016 y Decreto Nº 6973 of 2017 que reglaenta la Ley Nº 5777 de 2016, marzo 27, 2017

This law seeks to promote and guarantee women’s right to live free from violence. Its purpose is to promote prevention and protection strategies, sanctions, and integral reparation measures for any kind of violence exercised against women. This law fosters public policies to prevent and remediate different forms of violence, such as psychological, sexual, and physical violence. It also assigns broad responsibilities to each Ministry and Governmental Agency to support the fight against discrimination.

Persona Protegida vs Juzgado Primero Promiscuo de Familia de Filadelfia e Instituto Colombiano de Bienestar Familiar (Sentencia T-468-18 - Acción de Tutela; Expediente T-6.607.437)

The case concerned the capacity and dignity of mothers with disabilities. The court ultimately reinstated the mother’s custody of her child, who was given for adoption by the state as a result of the mother’s disability in violation of her rights. The court’s decision served two purposes: (i) to protect the best interests of the child, guarantee their right to have a family, and not be separated from it; and (ii) compliance with all of the state’s obligations towards persons with disabilities and their right to form a family with dignity.

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