SOCIO-JURIDICAL RESEARCH PARADIGMS

STATE OF THE ART: FEMICIDE

YOLDRY MARIA GÓMEZ GÓMEZ

NATHALIA ANDREA DEL CASTILLO CHAMORRO
LIGIA ISABEL MOLINA TEZ

MARIANA UNIVERSITY
FACULTY OF HUMANITIES AND SOCIAL SCIENCES
LAW PROGRAM
THIRD SEMESTER
SAN JUAN DE PASTO, 2019
 SOCIO-LEGAL RESEARCH PARADIGMS

STATE OF THE ART: FEMICIDE

YOLDRY MARIA GÓMEZ GÓMEZ

NATHALIA ANDREA DEL CASTILLO CHAMORRO
LIGIA ISABEL MOLINA TEZ

TEACHER
MG. JHOANA ELIZABETH ZAMBRANO MELO

MARIANA UNIVERSITY
FACULTY OF HUMANITIES AND SOCIAL SCIENCES
Law Program
THIRD SEMESTER
SAN JUAN DE PASTO, 2019
 STATE OF THE ART: FEMICIDE

Executive summary

Violence against women constitutes a violation of human rights and represents

one of the main obstacles to achieving an egalitarian and fully democratic society.
Over time, a firm commitment has been made to promote protection and the
defense of women's human rights and to contribute to the eradication of this
problematic, which represents the most serious and extreme form of discrimination against the
women. The general aim of presenting the term Femicide as such is to ...
contribute to the discussion around that concept and whether it has been reflected or not
its discussion to challenge it, both nationally and internationally.

Research problem

Are there legal conditions to guarantee rights and manage that they are regulated
cases of femicide?

Currently, there are legal conditions as a result of our methods of

Research for this project has found that there are indeed cases that regulate the cases of
femicide an example of this is the Rosa Elvira law which was enacted in 2012 in which the country
was a witness to the feminicide of Rosa Elvira Cely, a crime that mobilized the entire society and
made it clear that the murders of women must be addressed, investigated and
judicialized considering the specific conditions in which these crimes occur, the country
she had to reflect on how women are killed by people in whom they place their
trust or with those who establish close relationships and who, in many cases, had already
exercised violence against them, it also became evident that the murders of women
accompanied by actions that seek to instrumentalize them, dominate their vital decisions and their
sexuality. Thus, on July 6, 2015, with the issuance by President Juan Manuel
Santos, from Law 1761 or the Rosa Elvira Cely law, recognized femicide as a crime.
autonomous, in order to guarantee the investigation and punishment of violence against women
for reasons of gender and discrimination and in a specific phrase by the country it says:
We are advancing in strengthening our justice system, thinking about the
specific needs of women
 With Law 1761 of 2015, penalties in cases of femicide were established between 20.8 and
41.6 years, which can range from 41.6 to 50 years if the victim is under 18, older than
60 or has a disability, additionally, prohibits the pre-agreements within the framework of the
investigation and prosecution, which ensures that there is less impunity or prevents the
murderers quickly escape from criminal proceedings, despite the fact that we continue to receive reports
of violence against women is very concerning and high, we can say that with the Rosa law
Elvira Cely we have a very important tool to ensure that femicides
they should not go unpunished and that we are making progress in strengthening our
justice system, thinking about the specific needs of women and, above all, with the
ability to act more decisively in the case of these crimes. According to the
Attorney General's Office of the Nation, since the law was enacted in July 2015, until March of
2017 had 276 investigations for femicide and 139 for attempted femicide. According to the
the same entity, in the same period, 122 people have been charged with this crime, and there are already 52

convicted femicides.

As a country, we have made progress in the judicial and criminal response in these types of cases; a sign of

esto es que en los premios Género y Justicia al Descubierto, de la Organización Women’s Link,
that recognizes the best judicial decisions in the world that help promote equity
in terms of gender, the ruling for aggravated femicide of Yuliana Samboní ranked second,
It is noteworthy that the perpetrator was sentenced to 51 years and 10 months, and in her ruling the judge had
consider that Yuliana was a victim due to being a woman and because of the power relation that exists
exerts against women, which is exacerbated if they are also girls, poor, in a situation of
displacement, as the Constitutional Court had already stated in several
sentences and rulings, and that is why we have the challenge of continuing to consolidate the Rosa Elvira law

Cely, in addition to generating mechanisms for all women to access justice

and that exemplary sentences continue to be issued recognizing that violence against women
son un problema de salud pública cuyas dimensiones debemos reconocer y rechazar como
society.
 KEYWORDS ON THE TOPIC OF FEMICIDE:

Justice
Machismo
Gender inequality,
Violence against women
Domination
Aggressiveness
Inadequate access to justice.
Security
Coexistence
Crime
Conflict in the past.
Patriarchy
Intolerance
Fear

RESEARCH OBJECT

Identify the multiple causes of femicide in the department of Nariño.

In cases like violence, there are many causes, whether psychological, romantic, or even physical.
in cases where you can't contain your strength when hitting, etc., but in this
We have decided to focus on 5 of the most relevant causes.
first cause is jealousy since many aggressive men claim that jealousy leads them to
commit the murder of their partners, especially if it involves a supposed infidelity, as this
it is also part of their own psychology since being jealous leads to imagining 'millions of
novels" that make your reasoning work a little less, and even make you do things without
to think; the second reason that leads a man to commit the crime of femicide is the
decision of their partner to separate, which is not accepted by their aggressor, while the
Rejection or denial of a relationship is also a reason for attack; the third cause is addiction.
drugs and alcohol are also considered as causes of men's violence towards
woman; the fourth type of motivation is machismo, as there is still a
strong rooting of the male population to believe that they are superior to women, which leads to
to discrimination and constant mistreatment, which regularly ends in femicide, "The
An aggressor is a person raised within a macho culture whose goal is to maintain the
control over a woman until achieving her subordination," pointed out the person in charge of the Registry of
Feminicide in Peru, Teresa Viviano. The macho man accuses the assaulted woman: 'She did it to herself.'
["looked for","disobeyed","does not attend to me","did not follow instructions","she knows she cannot"]
I have to use force to control her
each man seeks to mistreat a woman.

Organized crime also appears as a factor that causes a large amount of

femicide, especially in Central American countries, where criminal groups proliferate and
drug trafficking, according to the Human Rights report of the Regional Monitoring Team
Human Rights Analysis in Central America, in countries such as Honduras, El Salvador,
In Guatemala and Nicaragua, femicide has "deep historical roots." It points out that the
The homicide of women is being accelerated and deepened by the increase of gangs.
maras and greater incidence of organized crime and drug trafficking." In this sense, it explains that
More than 25 percent of deaths are due to these reasons.

This allows us to highlight the multiple causes that lead to femicide, now yes the
department of Nariño in the years 2017 and 2018 a total of 57 women from the department of
Nariño perdieron la vida como consecuencia del machismo, traducido en violencia física, verbal
and psychological. The coordinator of the women's program of the undersecretary for gender of the
governorship of Nariño Dalal Martínez Montes specified yesterday to DIARIO DEL SUR that the

violence generated by the victims' romantic partners increased in

the region, the official specified that according to the departmental gender observatory, in 2016
26 cases were reported, while in 2017 there were 31. It also indicated that so far this
In 2018, a femicide was recorded in the western region, highlighting that the events where, according to
the authorities reported that the femicides are: Barbacoas, Tumaco, Policarpa, Cumbitara,
Córdoba and Túquerres.
 Dalal Martínez Montes expressed that machismo is the main cause of femicides.
in Nariño and the rest of the world, after indicating that violence against women is any action or
omission that causes death, harm or physical, sexual, psychological, economic or suffering
patrimonial due to her condition as a woman, as well as the threats of such acts, such as coercion or
the arbitrary deprivation of liberty, whether it occurs in the public or private sphere, to
stopping that problem that escalated in the last two years, highlighted that since the Secretary
Department of Equity and Gender, with the support of UN Women, leads processes of
training and route formation in care, highlighted that these tasks include processes
guidance for men to stop being violent against women.

JUSTIFICATION:
GENERAL OBJECTIVE:

Determine the effects caused in the department of Nariño regarding the murder of women
due to sex in the population of the same

OBJETIVOS ESPECIFICOS

1. Specifically describe the causes that determine the cases that the Court
Constitutional declared as femicides.
2. Analyze the different institutions empowered for the defense of women and their effectiveness.
within the same population.
3. Explain whether femicide in the city of Pasto is a socio-cultural problem.
4. Explore what strategies could be feasible for a possible solution to this
social problem

MATRIX
AUTHORS WHO ADDRESS THE ISSUE OF FEMICIDE

The primary author who introduced the term 'femicide' was Diana Russell and alongside Jane
Caputi states that 'the murder of women carried out by men is motivated by hatred,
contempt, pleasure or a sense of ownership over women” (Diana Russell and Jane Caputi).
Another reference in speaking about this topic and who intervenes positively in front of this type
problems where the woman is the one who is oppressed in the face of violent and degrading acts,
being subjected to various forms of disgrace and ultimately concluding with his life; this author
femicide represents the extreme of a continuum of anti-female terror that
includes a wide variety of verbal and physical abuses, such as: rape, torture,
sexual slavery (particularly for prostitution), incestuous or extra sexual abuse of children
familiar, physical and emotional beatings, sexual harassment (by phone, in the streets, in the office, and
in the classroom), genital mutilation (clitoridectomies, excisions, infibulations), surgeries
unnecessary gynecological procedures (free hysterectomies), forced heterosexuality, sterilization
forced motherhood (due to the criminalization of contraception and abortion),
psychosurgery, food denial for women in some cultures, plastic surgery, and others
mutilations in the name of beautification.

Whenever these forms of terrorism result in death, they transform into

feminicidios(Jill Radford y Diana Russell)también se refieren al asesinato misógino de
women committed by men and therefore "the murder of women because they are women"
committed by men" (Diana Russell). Another concept to take into account is what it suggests to us.
Marcela Legarda, who refers to it as the set of crimes against humanity that contain the
crimes, the kidnappings and disappearances of girls in a framework of institutional collapse, are
it deals with a fracture of the rule of law that favors impunity, which is why femicide is
a state crime where it is necessary to clarify that there is femicide in conditions of war and
feminicide occurs when historical conditions generate
aggressive and hostile social practices that threaten integrity, development, health,
freedoms and the lives of women; in femicide, abuse occurs in time and space,
abuse, mistreatment, and ongoing harm against women perpetrated by acquaintances and strangers,
for violent individuals and groups, occasional or professional rapists and murderers, that
lead to the cruel death of some of the victims (Marcela Lagarde). Consequently the
femicide takes into account: the unequal relationship between the genders, the structure of
power and the control that men have over girls and women so that they can decide
moment of his death; the reasons used to justify the murder; the acts
violentos que se ejercen en el cuerpo de la víctima; la relación de parentesco entre la víctima y el
perpetrator; the structural changes that occur in society; the lack of research and
procuring justice by the justice delivery systems, and the responsibility
and/or complicity of the State.

Femicide will be understood as the murder of women for reasons associated with their gender.
Monárrez) assuming that femicide is the most extreme form of gender violence,
understood as the violence exerted by men against women in their desire to
to obtain power, domination or control and includes the murders produced by violence
intrafamily and sexual violence. Femicide can take two forms: "intimate femicide or
"non-intimate femicide". Intimate femicide refers to those murders committed by men with
who the victim had or had an intimate, family, cohabitation relationship, or similar to these and the
non-intimate femicide refers to those murders committed by men with whom the victim does not have a close relationship.

had intimate relationships, family relationships, cohabitation, or similar to these. Frequently, the
femicide not intimate involves the sexual attack of the victim; in addition to intimate femicide and the not
intimate, there is a third category to classify deaths by femicide: femicides by
connection referring to the women who were murdered 'in the line of fire' of a
man trying to kill a woman. This is the case of female relatives, girls or others
women who tried to intervene or who were simply caught in the actions of the femicide
(Ana Carcedo).

Other categories of femicide that are involved in Intimate Feminicide, such as

It has previously referred to the murders of women 'committed by men with whom the
the victim had or had an intimate, familial, cohabitation relationship, or similar to these" (Carcedo and
Answer, 2002), are subdivided into child and family feminicide. Within family feminicide is
it involves the murder of one or several family members committed by a man where
there are family relationships between the victim(s) and the perpetrator and unlike the
child feminicide is the murder of girls, by men or women, in the context of a
relationship of responsibility, trust, or power that their adult situation grants them over the minority
of the minor's age (Julia Monárrez). In addition, there is feminicide due to occupations.
stigmatized where women are murdered for being women. However, there are others
women who are so due to the unauthorized occupation or work they perform. Under this
criteria include those who work in bars and nightclubs, they are the
dancers, waitresses, and prostitutes (Julia Monárrez). Therefore, another category that is
clearly visible over time is the systemic sexual femicide that is
refers to the murder of women who are kidnapped, tortured, and raped; their corpses,
semi-naked or naked are thrown in the desert areas, vacant lots, in the tubes of
drainage, in the garbage dumps and on the train tracks.

The murderers, through these cruel acts, strengthen inequitable social relationships.
of gender that distinguishes the sexes: otherness, difference, and inequality. At the same time, the
The state, supported by hegemonic groups, reinforces patriarchal dominance and subjects to
relatives of victims and all women to a permanent and intense insecurity, through
a continuous and limitless period of impunity and complicity by not sanctioning those responsible and
grant justice to the victims. This type of femicide is divided into the subcategories of
organized and disorganized, and takes into account potential and current perpetrators. The
systematic disorganized sexual femicide is the murder of women, it is accompanied
although not always - for the kidnapping, torture, rape, and disposal of the corpse. The murderers,
presumably, they kill only once, within a certain period; and they may be men
unknown individuals, close ones or relatives of the victims who kill them and deposit them in remote areas
solitary, in hotels, or inside their homes; and systemic sexual femicide
organized denotes the murder of women that is accompanied by kidnapping,
torture, rape and disposal of the corpse. The killers can operate as a network
organized by sexual feminicides with a conscious and systematic method through a long
an indefinite period, directed at the sex and gender identity of girls/women (Julia
Monárrez.)

CONGRESSES AND RESEARCH RELATED TO THE AREA OF

INTEREST.

Various international conferences have been held over time where

touched on the subject of femicide; an example of this is at UNISINÚ where a
INTERNATIONAL CONGRESS ON HUMAN RIGHTS AND FEMICIDES.

Femicide is a global issue that circumstantially everyone has been a victim of.
or another way, even off the female radar. Women are the ones who suffer from this but this
to everyone; within the social circle in which the victim was, within their family,
your study or work colleagues, among your friends and your closest friends, to your partner,
etc.

In Montería with the aim of analyzing the issue of femicides and their impact on the
society, the University of Sinú Elías Bechara Zainúm held the First Congress
International and Second National Social Work Conference, where there were speakers from
universities of Brazil and Colombia, titled 'Human Rights and Feminicides: a look at
the situation in Latin America." At the event, the doctor in Social Work, Izabel Solysko
Gómes from the Federal University of Rio de Janeiro spoke about the increase and the characteristics
of these crimes in the countries of this region. According to the expert, homicides and all the
forms of aggression against women arise from the dominance of patriarchal mentality and
the lack of state policies to prevent gender violence. With the presentation "Rights
Humans and Conflict,” the researcher professor from La Salle University of Bogotá, Tito
Hernando Pérez presented an analysis of the violations of women's rights in the framework.
of the conflict in Colombia. Feminicides are not only the murders of women but also any act
that threatens their integrity and their rights. Throughout the conflict, women have suffered
all kinds of violations are displaced, mistreated, even used as shields of
war. There is still a lack of recognition of their rights, we hope that this sad reality
"I changed with the Femicide Law," concluded the academic.

Other institutions and representatives and members of the same also spoke out before
the topic. The doctor in Law and professor at Unisinú and the Externado University of Colombia,
César Castillo Dussán presented the paper 'Constitutional and legal analysis of femicide in'
"Colombia," in which he outlined the scope of Colombian legislation to penalize the
femicide, emphasizing Law 1761 of 2015, also known as the 'Rosa Elvira Law.'

Similarly, Unisinú teacher Alfredo Rodríguez Rodríguez developed the presentation 'The
situation of women and their treatment in the jurisprudence of the Inter-American Court of
Human Rights", in which he explained the procedures used by that court to judge.
the crimes of femicide in America, and provided a review of the violations of rights of
women in armed, social, and political conflicts in Latin American countries,
analyzing the murders and forced disappearances of women in Uruguay between 1973 and 1985
during the last military dictatorship of that country.

Additionally, the Social Work student from this University, Adalberto Espitia, presented the
exhibition titled 'The situation of the Colombian rural woman, discrimination, vulnerability and
forced displacement: case of the women from Valle Encantado, Córdoba.

Through all this, in 2015 a new law was announced. This law, 1761 of 2015,
It changed the way of investigating and prosecuting homicides committed against women.
for gender reasons and doubled the penalties for this crime, so that a guilty party of
this crime can be punished with 40 to 50 years in prison. Additionally, within femicides there are
they analyze elements such as contempt, subordination, misogyny, control, intimidation
in the crime; where this crime can be proven with testimonies that show the threats of
perpetrator opinions forensic stories clinics, messages threatening.
When evaluating this law, three years after its creation, UN Women assured that in the region the
Femicides are an alarming problem, as 14 of the 25 countries in the world with the
the highest rates of this crime are in Latin America. In addition, it is estimated in the region
that 1 in 3 women has been a victim of violence. Certain statistics are also estimated
to verify the rate of women who have suffered femicide; an example is the
statistics of theProsecutor's OfficeIn Colombia, at least 200 convictions have been handed down for
femicide, and 348 people have been charged for these events. However, Legal Medicine
it states that there are at least 34,600 cases that could constitute femicides in which more
del 90 for one hundred he maintains en the impunity.

Before the femicide law, there was an aggravating factor in Article 104 of the Penal Code that
allowed for higher penalties for homicides against women due to their condition of
women, although it was little applied. While studying those cases, UN Women found 12 rulings
which in practice constituted a femicide, but were judged as homicide against a
woman because this standard did not exist. In those crimes, the penalties ranged between 16 and 48 years.
from prison, but in only two cases the aggravating factor of the Penal Code was applied; and when studying 17

Sentences for femicide issued after the Rosa Elvira Cely law, UN Women assures that
Research difficulties persist, so a National Unit should be created.
for the investigation of feminicide in the cities with the highest
occurrence. Despite the aggravating factors, UN Women found that the sentences ranged between the
10 and 49 years. One of the conclusions of the UN is that although progress has been made among
Judicial officials, to use this term, still face training problems.
on gender issues, especially to understand cases of domestic violence that
many times they end in feminicide. Thus, 48 percent of prosecutors from the Unit of
Domestic violence victims interviewed by the organization believe that this crime
It should be prosecutable because it congests the accusatory penal system. Furthermore, 45 percent
They believe that women report as retaliation against their partner. According to the organization, although

a "progressive acceptance of the term feminicide", one of the main obstacles for
Implementing this law is the 'lack of training on gender issues among operators.
judicial judges y fiscal agents.

Within the above, there are also other figures, such as that 88 percent of judges and
interviewed prosecutors believe that the crime of femicide "has contributed to de-naturalizing
the expression 'she brought it upon herself'. And 77 percent says that this classification allowed
de-naturalizing expressions like "he killed her because he loved her too much", "he killed her out of jealousy", she

he was forced to be unfaithful to her," and "she provoked him." Although in these cases it cannot be given the

justification of the 'anger and intense pain', there are still judicial officials who judge them for this
It is surprising that in one of the analyzed rulings, the judge granted a considerable reduction.
punitive, arguing in favor of the perpetrator who acted under the mitigating factor of anger and intensity
pain. Some of the problems that persist in investigating this crime, officials say
judicial, it is the lack of technical and human resources, the need to expand training in
gender to prosecutors and judges. To address this problem, UN Women proposes the
reduction of the workload, and the creation of a specialized unit that is responsible for
these facts, this is because, according to the study, the number of judicial police investigators
assigned to the prosecutors is still insufficient. Each of the prosecutors they had
They have an average of 273 processes and only have three people for the investigation.
preliminary and the investigation.

The most frequent question is: Why a femicide law?, to this, UN Women
indicates the need to create a distinct criminal type to judge the homicides of women
committed for gender reasons, has reasons that range from combating impunity, as well as
understand the differences surrounding these cases. Thus, this organization ensures that raising this
The crime of femicide is necessary as women are murdered under circumstances
different from those that men usually are, in a patriarchal societal context. Also,
the UN points out the aggravating factor that the Penal Code had regarding the murders of women for their

the condition of being women was not being applied, even though, for example, in 2012 they were
1,316 women were murdered, of which in 138 cases the murderer was their partner, 36 were acquaintances and
34 were relatives. Furthermore, femicide implies that the case transcends a fact of
individual responsibility because it involves the State, which in many cases does not provide them with a

effective response to women to protect them from their partners or ex-partners.

Femicides understood as the highest expression of violence against women
by the mere fact of being women, it has been a long-standing phenomenon, but its conceptualization and
the visibility has been quite recent. In this research, in addition to exposing the
Conceptualization of femicides as part of the patriarchal domination system with
Overlaps with the racist and classist systems also reveal the factors that have
influenced the positioning of the issue on the Colombian public agenda.

It is necessary to establish a timeline that explicitly helps us and places us in a

global context, in order to understand the parallel with the current world, and to discover the
how the trajectory has been achieved, confrontation of various theories, authors, theses, and other models
of study, which are covered to understand a phenomenon that encompasses a very
controversial. First of all, it is important to know how feminism emerges, which is
a social movement resulting from multiple experiences, struggles, and reflections of a large number
of women; the contemporary feminist movement presents itself as a discourse of varied
trends, but with common bases, although it may sometimes seem difficult to glimpse the agreements. The
the objective of feminism as an organized movement has been to suppress the oppression of
genre that spans all societies throughout history; although today it has
improved the condition of women in a large number of aspects, inequality and the struggles of
The power between men and women has not yet been overcome, the persistence of violence against
women are an example of this.
 For this reason, different groups of women have been organized, an example of this is the
second wave feminist movement that politicized everyday life by entering spheres
they believed they were outside of power, as Mabel Campagnoli asserts: "the politicization of bodies"
and the sexualities that the feminism of the 1970s contributed allowed to uncover
the neutrality of the public and to highlight the socio-historical nature of intimate relationships and
the construction of subjectivities”. Starting from the feminist questioning about the
private life and the implications that the separation of the public and private spheres has for women,
the questioning of the traditional family model was reached, to the problematization of the
appropriation of women's bodies and the denunciation of the violence perpetrated against them
the same. Until that moment, the explanations for the mistreatment of women had been
of a biological, psychological, and individual nature. The conceptualization and research of
violence, which later entered the academic domain, initially arose from the concern of
the activists for attending to the victims, for highlighting the social and political importance of the
problematicization and generating appropriate political and legal frameworks. The studies conducted
about violence from feminism and those with a gender perspective consider violence
as a social phenomenon framed by the constitution of identities and inequalities
of gender, as well as the devaluation of the feminine, highlighting the fact that violence
Towards women is complexly interwoven in organizational forms and relationships.
social contexts that serve as a backdrop to specific violent situations and events suffered by the
women simply by the fact of being part of this gender.

Equivalent to this same reason, a denotation has been given to these acts, specifying
towards whom they are directed by introducing a very relevant concept of femicide which makes
recognition of this in a historical context such as its own term "femicide" was
coined for the first time in 1970 by Diana Russell; in the 1980s, within the framework of the
confluence of feminist theoretical readings and the reflections and experiences that began to
taking place in Latin America, as well as the intense debate on human rights that followed the
recovery of democracy - of which many feminists were a part - began the
concern of the Argentine feminist movement regarding violence against women,
this expression emerged as an alternative to the neutral term 'homicide' for political purposes of
recognize and make visible the discrimination, inequality, and systemic violence against women
which, in its most extreme form, culminates in death, therefore, in terms of violence
gender refers to, it was the women's movement that questioned a phenomenon
naturalized for centuries (not only de facto but also de jure); this involved the intervention
in various planes at the same time: at the level of the prevailing value systems, in the
institutions of civil society and in the state's legal apparatuses. Organizations of
women who led that process not only went out to seek assistance but also forged their
own intervention strategies making the review of disciplinary approaches necessary
theoretical, and they turned into political actors that the State had to listen to, and even
consult and incorporate for the design of actions and policies in the matter.

Some Spanish authors, who have done extensive work on this topic, point out that
although a process of redefinition of violence against women has become widespread - that has
changed from being seen as a personal drama to being conceptualized as a social problem–,
there has been, however, a worrying shift that has taken 'body politics'
initiated by the feminist movement – the feminist valuation of sexual autonomy and
reproductive, the affirmation of desire as a driver of emancipation, the questioning of
heteronormativity, the collective nature of the fight against fear and invisibility, etc.
translating them according to a multiple instrumental logic that blurs the relationships of
power and address conflicts in terms of management." If the spaces that depend on the State
they do not have a clear and uniform regulation, the initiative tends to be placed, on one hand, with the
victims (hereinafter managers of their own risks) and, on the other hand, specialists (many
sometimes with precarious contracts); in this way "the powers have implemented a new (self)
regulation distant from coherence and economic commitment and closer to the
current interweaving between the disaggregated State, the imperatives of the global market and the new
role of civil society.

Diana Russell and Jane Caputi introduced the term in the article Speaking the
Unspeakable, originally published in Ms magazine (1990): 'it is the murder of women'
carried out by men motivated by hate, contempt, pleasure, or a sense of ownership of the
women.” In 1992, Diana Russell and Jill Radford defined it as “the misogynistic killing of
"women committed by men." The authors classify the different forms of violence of
a genre that women suffer from and that manifests itself with a growing sexual terrorism. They indicate
that these violent acts that end with the assassination or death of women are femicides.
 Bringing up a perspective between validity and effectiveness that are fundamental axes of
law today, we will reveal a certain appearance of how it emerges in the field and reality
living social. The specific topic has been developed over time from
different figures, approaches, that have allowed for penalization and different regulatory aspects,
to ensure that this issue does not continue to arise, as evidenced by aspects such as
pronouncements by the UN and other National and International organizations, a
A clear example is Law 1761 of 2015 Rosa Elvira Cely. The result of rigorous investigations,
clearly specify the subrules that have been determined in Colombia through the
the creation of an autonomous crime, referred to by the legislator as Femicide, which expresses
a guarantee to a social problem in which crimes against women have intensified and
they lead to punishable conduct such as homicide and attempts. For this reason, it is indicated that if
it is true, it is considered an autonomous crime, there has been research about its relevance, to
to obtain certainty about phenomena such as impunity or true legal security,
therefore questions, objectives, thematic developments, and other elements have been raised that
they allow for discussion on the subject of study. Establishing in allusion, the topic of the effectiveness of this,

being a very new topic, there are still many shortcomings when it comes to access to justice and its
region compliance, which we believe that with new techniques, proposals, and so on, this could
is changing.

CONCEPTUAL FRAMEWORK FEMICIDE

To summarize the objective of our research project, we must first clarify the
diversification of concepts that revolves around the realization and support of our
research. First, we will begin by defining the corresponding research topic, which is
“Feminicide” later explain or define characteristic concepts that will help us in a
greater understanding of this and especially how it is carried out in our Country.

The term 'femicide' refers to a specific type of homicide.

in which a man kills a woman, girl, or child for being female. Unlike
other types of murder, feminicides often occur at home as a consequence of
gender violence. They are also categorized as hate crimes, as they occur in
a context in which the feminine has been stigmatized for years.

The word 'femicide' is under dispute; there are authors who claim that it includes any
murder whose victim is a woman, regardless of the gender of the perpetrator or of
what their motivations are.
Feminicide is the most extreme manifestation of abuse and violence by men towards
women. It occurs as a result of any type of gender-based violence, such as can
such as physical assaults, rape, forced maternity, or genital mutilation.

In order to broaden this conception a little more, we will define the following terms that
they surround this issue and make its global understanding possible.

INEQUALITY: We call inequality the quality of being one thing different from another, or of
to stand out from another by having characteristics, values, or traits that make it different. It is the
opposite to equality. Inequality can also refer to the lack of equity, balance or
equality between two or more people, things, facts, or realities. In this sense, it can
relate to social issues (social, economic, educational, gender inequality) of the
What is the discipline of sociology used for?

The issue of inequality is applied for comparative purposes, as when talking about
Inequality is made to establish the differences between two things. Contents of inequality.
These contents are expressed and take different forms in all spaces in which they
that we relate to women and men and in all the actions we take. Some
forms of expression of these inequalities are (Lagarde, M., 1998): By the mere fact of being
men, the masculine gender is assigned powers over the lives of women; they can control
their lives, making decisions about their health, about their body, about their education, about their

resources, about their income. The exercise of this power turns women into eternal girls,
considered as minors, dependents, even when they are adults.
the social construction of gender marks inequality with disadvantages for women, since
Men must learn to make decisions and to be self-reliant from an early age, without
consult other people. They are taught that they must decide and face the consequences of those
decisions, while women learn that other people decide and act for them. The
the social construction of gender grants many more social freedoms to the male gender than to the
female; freedoms for movement, for making decisions, both personal and
for the social collective, to access and make use of resources, to have representation of
groups. Cutting women's freedom increases their vulnerability, that is,
increases the difficulties of facing life successfully. Regarding the performance of the
"social liberties", it is argued that rather it seeks to protect women from dangers
that they can find on the street. This position considers men as beings
almighty, who are not very vulnerable, which goes against the very men because it
he takes unnecessary risks in order to demonstrate his abilities. The prevailing forms of
to get sick and die from men is the best evidence of this exposure to risk (accidents)
and other violent causes). There is a situation of violence against the female gender, which has
social legitimacy, hidden, silenced, sheltered by the

families, communities, couples, institutions. The assaults suffered for being

women do not recognize themselves as situations that limit their development. There are many ways to
aggression: verbal, physical, psychological, sexual, and economic, alongside the lack of opportunities
such as education, work, access to health and recreation, among others. The construction
of the masculine and feminine from power and subordination, promotes the exercise of the
violence by those in power and, at the same time, legitimizes it by not denouncing it,
punish it and prevent it from happening, even come to accept it as something "normal". Violence
it harms both women and men, who in most cases have been
socialized to aggress and exercise physical violence. Patriarchy presents an exercise
authoritarian of power to whom it is exercised, concentrated in one or in few people. This scheme of
relationship distances the one who wields power in the dominant group from the rest of the people and prevents them

make appropriate decisions in line with the needs and conditions of those to whom
represents. This situation generates inequality in access to power, not only in relation to the
women, but also in relation to other men. This exercise of power limits the
building democratic and sustainable societies. In the construction of human development
sustainable based on participation, each person must have and hold a position and
the possibility of acting on one's own conviction, without being subordinate to someone else's decisions
more. The power that men exert over women's lives seriously injures this.
possibility.

GENDER VIOLENCE: Gender violence refers to any action or

behavior that develops from asymmetric power relations based on gender,
they overvalue what is related to the masculine and undervalue what is related to the feminine.
They are a public health issue due to severe physical, mental, and emotional impacts.
that suffer the victims; due to the seriousness and magnitude with which they present and because they can be
prevent. This type of violence increases in certain contexts or particular situations;
for example, in the case of indigenous girls and women or in people with disabilities.
Particularly in armed conflict, gender-based violence has a greater impact on
Women are used as war loot by armed actors.
because female leaders are victims of threats and violent acts against their lives and those of their
family. Also, the conflict situation becomes a risk factor for the emergence or
maintenance of behaviors that generate domestic and partner violence.

Pilar Jurado: "Violence is a symptom of weakness. The men who apply it against the
women demonstrate their incapacity with her. Let's educate this society so that men and
women be able to build together a better future for everyone". Cristina del Valle
It is and must be
the first state problem. Gender violence is increasing and the life of all these
women could have been rescued if there had been adequate state intervention,
including a timely educational effort on equality. The law faces many
resistances and still the woman's word is questioned. It is a priority responsibility of the
artists condemn these behaviors and insist on a culture of peace." David Feito (The Dream of
Morfeo): "Saying NO is always harder than saying YES... But you are not alone on this journey..."
REPORT the abuser" David Feito (El Sueño de Morfeo) Kepa Junkera: "21st century,
how is it possible. Together we will end this scourge." Manuel González Ortega
A woman should have created the world. Millions and millions of women create the world.
every day. How is it possible that even today, we must claim them, we must defend them from the
barbarism and absurdity? Fortunately, they continue to create the best of worlds.

Soledad Giménez: "Our society needs everyone's commitment to fight against this
scourge. We are all involved in its eradication, only through respect and education can we
we can achieve it.” Huecco: “Let the tears end definitively. My cry this 25-N of
2010 is for us to remember everything in 2011 and, when this date arrives again next year,
we should be proud that we are contributing to create a new scenario where abusers do not
they have space and know that none will go unpunished. Also, all my support to them when
make the decision to start a new life, that is, a life.

Marina Rosell: "There is a fact that we are not sufficiently aware of: The Organization
World Health Organization (WHO) states that gender-based violence is the leading cause of mortality
among women aged 15 to 44, above wars, traffic accidents, and
various types of cancer. It's chilling!. It is necessary, now more than ever, to train ourselves and
to build equality among all.

Elfidio Alonso (Los Sabandeños): "I condemn gender violence and I hope that in the face of cases
that this year the Government is being demanded to enact a tougher law that protects the rights of
women. An improvement of the shelter system is necessary, so that women can
They feel sufficiently protected to lose the fear of reporting." Xose Manuel
Budiño: "They are of the opinion that a law does not change society by itself, but that it also is"
it is necessary to educate on gender equality values from childhood. educate both in the family, in
school eats in society in general. educating to change the perspective." "I am of the opinion that a
law does not change society by itself, but it is also necessary to educate in values of
gender equality from childhood. Educate both in the family, in school, and in society,
In general, educate to change the perspective.” Bieito Romero (Luar Na Lubre): “Act! Don’t look
to the other side." "Act! Don't look the other way." Aurora Beltrán (from her song Girls)
strong

I don't want to be like you, but brother I want you to get used to seeing me and know that in
In this area, neutrality exists. I want you to understand that your virility is similar to mine.
femininity.” Beatriz Arzamendi: “The demands that we as professionals are asking for
time before the inequality that has presided over labor, political, domestic scenarios,
academics, cultural... lack meaning when the most basic and fundamental demand that
It is the right to life and, specifically, to the life of women that is yet to be conquered. Violence
gender comes from the darkest part of the human being and should not be hidden, nor endured, nor
cover it up. We must shout with courage and energy "Enough already!!!". Zulema de la Cruz: "Violence
gender arises from the darkest part of the human being and should not be hidden, endured, or
cover it up. We must shout with courage and energy 'Enough already!!!' Consuelo Díez: 'Each one of
we can contribute to eradicating sexist violence, in our environment, here and now,
with small gestures. If it happens to you: ask for help and report it, the worst thing is to live it in silence and alone.
Mauricio Sotelo: "Gender violence is nothing else / But projecting your impotence onto her."
Don't hit her, hug her in your mind / Like that first time / Of a first time!
Durán: "The violence of a man against his partner is invisible unless reported; invisible"
for everyone except the children who run the risk of perpetuating it, they as abusers, she
as submissive victims.” José de Eusebio: “There is no reason in a scream. Those who shout the loudest never win.
You can. Speak, you are not an animal." Antón García Abril: "Woman, watch out for verbal abuse, do not
allow them to throw words like; useless, insecure, trash, ignorant, ridiculous, in your face
etc...these attributes conceal a clear violence that will soon manifest.

David del Puerto: "Every damaged, assaulted, murdered woman is the mute and defenseless testimony.
of the worst that the human being encompasses: From the triumph of brute force, blind, savage, sick,
about any feeling, about any thought, about everything that makes us worthy.
Let's shout enough." César Camarero: "It seems to me an intolerable scourge." Gorka Álvarez, El Mentón:
It is a repugnant, egotistical, murderous, cowardly, and disgusting act that has our deepest
rejection. They could be my mother, my cousin, my friends. They give us life in every sense.
and just thinking about it makes me want to vomit. We have to stop this now and the only way that
it exists by educating the population from a very young age." Mamen García Martín: "Violence of
gender is already an endemic evil that should be eradicated and that sometimes spreads like a
virus... We need to enrich our system of values, so that the Arts feed our more.
life. Jorge Moreno Pieiga: "Every 15 seconds a woman is assaulted in the world, every 15
seconds a man stops being one.” José Manuel Fernández Gutiérrez (Guti): Violence is not
more than an expression of insecurity" Amaia Zubiria: "We have received poor education as men and
women, and we have been very faithful to that script. It is necessary to change this, and for this
We need to make very serious commitments, both women and men, responsibilities.
"banatuz". "We have received a poor education, both men and women, and we have been very..."
fieles a ese guión. Es necesario que lo cambiemos, y para esto tenemos que hacer unos
very serious proposals, both men and women, sharing responsibilities.
Rodríguez Torres: "Gender violence is a symptom of a people's lack of culture. Education
in the sensitivity towards the other and in the inalienable respect for their will can help to
eradicate that painful social scourge.” Leonor Bruna: “Neither violence nor gender. No to violence of
gender.

Yolanda García Serrano: "Crossing arms is only good for waiting for the bus. That is what it is.
What I think every time a new case of gender violence occurs. I have said it before.
At times: the woman is in danger simply for being one. And as long as we do not become aware.
everyone, until we educate our future men and husbands, and the women who
they will be their companions, the story will continue to repeat itself. And what can we do with those who
Are they currently living in a situation of abuse? I don't have the solution, that's evident, but silence doesn't.
help, on the contrary. The issue must be made public, condemn the violence, provide support to the
victims, specific solutions for them and their children... so that they do not think that the problem is only of those who
it is experienced in the first person. It concerns all of us. Whoever disagrees closes their eyes to the
reality. At least, let our voice of support be heard." Laura Iglesia San Martín: "And everything
It began the day he made me believe that his jealousy was love... Love never hits.

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MURDER: Murder is a form of homicide that constitutes a crime against the good
legal aspect of a person's life, very specific in nature, which consists of killing a
person incurring in certain specific circumstances, dependent on the legislator, such as
the treachery, the price, the reward, the promise or the deliberate and increasing cruelty
inhumanely the pain of the offended. It is a type of qualified homicide. It is considered murder.
when a person causes the death of another and carries it out with one of the three assumptions (or
the three together) of 'treachery' (is carried out in betrayal and/or when it is known that the victim will not be able to
defending oneself), 'meanness' (deliberately and inhumanly increasing the suffering of the
victim) or 'price concurrence' (committing the crime in exchange for a payment
economic or material.

PATRIARCHY: In its literal sense, it means the rule of the fathers. Historically
the term has been used to designate a type of social organization in which the
authority is exercised by the man, head of the family, owner of the heritage, of which they were a part
the children, the wife, the slaves, and the property. The family is, of course, one of the
basic institutions of this social order.

In her excellent monograph on social structure, kinship, and women in

Morocco, anthropologist Yolanda Aixelá includes a significantly titled subtitle:
"Patriarchy or androcentrism?" (2000: 129). In it, besides pointing out the way in which the
the concept of patriarchy hinders the visibility of women's contributions to
kinship and the visibility of the social recognition they receive for their participation in the
family structure, Aixelá proposes to discuss androcentrism as a conceptual alternative and
epistemological to the concept of patriarchy. Aixelá's proposal is relevant, since one
a significant part of the bibliography on women from majority societies
Muslim —particularly about Moroccan women, the subject of her thesis
doctoral and of the monograph we are citing— tends to reduce scientific analysis to the
identification of the main characteristics of these societies that allow us to speak
of the 'patriarchal system', as defined by social sciences. In the case
punctual from Morocco, the current reality - complex and plural like that of any other place
suggests that there needs to be greater emphasis on the review of concepts, especially
because sociological and anthropological research continues to talk about a
contemporary Moroccan society is patriarchal, and also tribal, patrilineal, patrilocal,
endogamous, polygamous or polygyne and with a predominance of the extended family and filiation
unilineal, operate, in doing so, certain symbolic violences on their complexity, plurality and
diversity. In this work, fieldwork, ethnography, and, in general, methodologies
Qualitative tools are fundamental, but if there is no prior reflection on the
concepts and their limitations —or about systems of thought and apprehension of the
reality—, there is no epistemology capable of addressing a minimally serious analysis and
deep social, cultural, political, and economic change that is being experienced by the
Moroccan society in contemporaneity. Ethnographic and sociological research and
Anthropological studies related to Morocco must contribute to providing an explanation.
complex and well-articulated about multiple aspects of the social. Sometimes, this type of
researches exert a contrary effect, as they offer a snapshot of what
it is nothing but a thing in motion.

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DISRESPECT: Disrespect is considered a serious offense to healthy coexistence.

among people, as it violates one of the main values that ensure harmony
social: respect. Furthermore, it is an anti-value, as it goes against a healthy practice of the
morality and good customs. Who is disrespectful cannot demand to be respected.
respected, as respect must be reciprocal.

INTOLERANCE: The term intolerable is an adjective that describes a thing or someone.

what cannot be tolerated, for example: when a situation of abuse is observed
infantile, it becomes unbearable for both those who live the situation and for those who...
observe, the person who does not accept ideas different from their own can be said to be
"intolerable to be with him" or "how intolerant he is!"
Likewise, an intolerant person can commit other offenses such as: discrimination,
aggression, disrespect, a product of the lack of tolerance for ideas that are different from one's own. For
Finally, intolerance is a negative attitude that affects relationships between neighbors.

CULTURE: Culture is also defined in the social sciences as a set of

ideas, behaviors, symbols, and social practices learned from generation to
generation through life in society. It would be the social heritage of humanity or,
specifically, a particular variant of social heritage.

ABUSE: Abuse is the infliction of some type of harm that can be both physical and
psychic and that, generally, takes place and has reason to exist thanks to the power that the person
what provokes or materializes the abuse has on the one to whom it is done, whether by
a material superiority that protects him and gives him that strength over the other, or else by the
Systematic threat that something bad will happen to him/her if he/she does not comply with that abusive action.

FACTOR: We understand factors as those elements that can condition a

situation, becoming the catalysts for the evolution or transformation of events. A
A factor is what contributes to obtaining certain results when it falls upon it.
responsibility for the variation or changes.

MODE: Modality is the way of being or even of expressing oneself. The term
procede de modo, que es la apariencia visible, un procedimiento o una forma. Aquello
developed under a certain modality respects certain rules and mechanisms; for
so, it does not turn out to be free or spontaneous.

IGNORANCE: Ignorance, therefore, can be considered in an absolute sense (the

person or social group lacking education.

DOLO: Dolo is the criminal action carried out consciously and voluntarily. In other words
words, someone acts deceitfully when they know what they are doing and understand the
consequences derived from their action. Malice implies that someone intends to cause a
damage to another person and, therefore, does not do so unconsciously or involuntarily but
with all intention.

FEAR: Fear is referred to as the feeling of unease or anguish that drives one to
to flee or avoid that which is considered harmful, risky, or dangerous. The word, like
tal, comes from the Latin timor, timōris, which means 'fear' or 'fright'.

CONFLICT: Defines the set of two or more hypothetical situations that are
exclusive: this means that they cannot occur simultaneously. Therefore,
 when a conflict arises, a confrontation occurs, a fight, a struggle or a
discussion, where one of the participating parties attempts to impose itself on the other.

JUSTICE: Justice is a set of essential values on which it must be based.

a society and the State, these values are respect, equity, equality and
freedom.
Justice, in a formal sense, is the set of codified norms applied by judges.
about which the State administers justice when they are violated, suppressing the
action or inaction that generated the impact on the common good.

VICTIM: It is a person or animal that suffers harm or injury due to the fault of others or for
an accidental cause. When the damage is caused by a person, this person is called
of the perpetrator. For example: 'The bank robbery resulted in one fatal victim and two'
wounded", "This child is a victim of a system that does not provide the same opportunities to
"all the people", "The victim was questioned by the prosecutor who is trying to clarify the
case.

With this variety of concepts, we aim to encompass a single topic, which is Femicide.
a better understanding of what it entails, whose most prominent feature is Violence
of gender and its surroundings that stem from it.

LEGAL FRAMEWORK

The multicausality of violence

The definition of violence currently in force in Colombia refers to the intention to cause harm and to
those omissions that cause harm; thus, violence transcends the violent act. Similarly
In this way, it recognizes that there are different forms of violence and that, therefore, there are consequences.

various. The law determines physical damage and limits it to the risk or decrease of integrity
corporal of the person; and makes visible the psychological damage by confining it to the actions or
omissions that seek to degrade or minimize (control) the autonomy of individuals. Regarding
to sexual harm, the law highlights the voluntariness of individuals and refers to both
to physical acts as to sexualized language. And, for the first time, it acknowledges violence.
economic and the property damage that is understood as the 'loss, transformation, subtraction,
destruction, retention or distraction of objects, working instruments, personal documents,
goods, values, intended to satisfy the needs of women". In that line of thought,
In Colombia, violence against women is understood as an expression of inequities.
of gender and as a 'product of a system resulting from the interaction of various factors
associated with violence that can be found at different levels of the social environment

These chapters refer to the crimes of violent carnal access.

(Art. 205), violent sexual act

(Art. 206), sexual intercourse or sexual act with a person rendered incapable of resisting,

(Art. 207), abusive sexual conduct with a minor under 14

(Art.208), actos sexuales con menor de 14 años

Article 209, sexual intercourse or abusive sexual act with a person unable to resist

(Art. 210), sexual harassment

Article 210 A. Homicide against a person protected by International Humanitarian Law

classified in article 135 is aggravated when the victim is a woman (Law 1257).

Law 1257 of 2006. Article 210 A. Sexual harassment. Whoever for their own benefit or that of a third party

taking advantage of their manifest superiority or relations of authority or power, age, gender,
job, social, family or economic position, harass, pursue, stalk or assault physically or
verbally, for non-consensual sexual purposes, against another person, shall incur a prison sentence of one (1) to

three (3) years.

LEGAL FRAMEWORK

The legislation and other legal measures on gender equity indicate whether the
The state has acknowledged the existence of inequalities that require the adoption of measures.
differentiated based on sex to ensure equality and respect for rights
humans. Normally, such measures are included in the concept of 'gender equity'. In
in this sense, violations, sexual harassment, and domestic violence are problems that,
statistically, they are more likely to affect women to a greater extent and therefore,
require special legislative measures (and programs) to protect their human rights, their
dignity and their physical integrity. The establishment of quota systems is also a measure
temporary legislation aimed at leveling the playing field in the political sphere
combat negative stereotypes and other social taboos that prevent full participation of
women in the political life of their country. The right to participate in the political life of the country is
protected by the Universal Declaration of Human Rights (article 21); in the Convention
on the elimination of all forms of discrimination against women (CEDAW) and in the
Beijing Action Platform (section G, para. 191) recommends the establishment of
quota systems and other similar temporary measures in favor of women.

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Article 104 Penal Code: Before the femicide law, there was an aggravating factor contemplated in
this article that allowed for imposing harsher penalties for homicides against women, due to their
condition of women, in the context of the UN women pointed out the need to create a criminal type
different for judging the homicides of women committed for gender reasons, which range from
combatir la impunidad asi como entender las diferencias que nos rodean. También el agravante
what the penal code contained was not being applied even though, for example, in 2012 there were
1316 women were murdered, of which, in 138 cases the murderer was their partner, 36 were
39 were relatives.

The Inter-American Convention to Prevent, Punish and Eradicate Violence Against Women:
It was the first international treaty in the world that enshrined women's right to a life
free of violence, both in the public and private sphere, in the context through the
convention, the states parties agreed that violence against women constitutes a
violation of human rights and is a manifestation of power relations
historically unequal between women and men.

Law 1761 of 2015, Law 599 of 2000: Rosa Elvira Cely Law in its content provides for the creation
of 'femicide' as an autonomous criminal type that is integrated into the Colombian penal code, law 599
from 2000, article 104 A, which establishes the commission of a crime: to whoever causes the death of
a woman, because of her condition of being a woman or for reasons of her gender identity. Creates a
very important instrument to ensure that femicides do not go unpunished
impunity. In the context of the Colombian case, the death of Roselvira Cely on May 28
2012, in a situation of extreme violence, mobilized the country and raised the need for
create rules to ensure investigation and sanction of violence against women by
gender-based reasons and discrimination.

Ruling C-539-2016: Other provisions are issued in addition to the Rosa Elvira law
Cely on the occasion of the femicide, in context, after the creation of the Rosa Elvira law
they expressed dissatisfaction with some individuals mentioned within the same law but in the end they
They declared the measures enforceable, creating other guidelines in criminal cases related to femicide in favor of women.

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OTERO BEATRIZ, Ivana. (2009). Women and Violence. Gender as a Tool
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