WOMEN'S RIGHTS IN COLOMBIA

Abstract

The rights that women have been obtaining are more the result of individual struggles, with legal recognition, through the exercise of the tutela action and the issuance of the corresponding sentences that resolve them. The historically discriminated woman then becomes a subject of special constitutional protection, in fact, what the Jurisprudence has called a reinforced protection that shows that her rights have been disregarded unlike those of men who do not seem to require, in general, this constitutional guarantee. Through the exercise of the tutela action and in the instance of review, the Honorable Constitutional Court has issued sentences that have generated new rights by issuing Jurisprudence on the issues under review. It is through the use of the tutela action that women have been obtaining rights that historically have been denied to them and that, even once recognized through different judicial rulings, continue to be violated by the abuse of the law by judges or institutions in charge of enforcing the rights, once recognized. It is important to remember that the exercise of the tutela action is only appropriate in Colombian law to protect and guarantee those fundamental rights contemplated as such in articles 11 to 41 of the Political Constitution of Colombia.