Reflections on the preservation of protected legal rights in femicide from the interpretation of the Constitutional Court against mobile evidence

Abstract

The criminal type of femicide has been considered a prevailing phenomenon, this term being old; However, in the Colombian State it was from the year 2008, through Law 1257, in which norms of awareness, prevention and punishment of forms of violence and discrimination against women were issued, reforming the regulations of the matter, for which It is in this law where violence against women is defined as:
Any action or omission that causes death, damage or physical, sexual, psychological, economic or patrimonial suffering due to being a woman, as well as threats of such acts,coercion or arbitrary deprivation of liberty, regardless of whether it is present in the public or private sphere (Law 1257, 2008, article 2).

As the years passed, in 2012, the barbarous feminicide of Rosa Elvira Cely took place, facts forged a significant extension and it was standardized as an autonomous crime. When this assassination occurred, the creation of a movement was promoted through which organizations, mainly the Center for Research in Justice and Critical Law Studies, began a bill that would guarantee minimal impunity for similar events.
In this sense, in 2015 Law 1761 of July 6, called Rosa Elvira Cely, was finally enacted, which defined this criminal type as “(…) Whoever causes the death of a woman, because of her condition of being a woman or because of reasons for their gender identity” likewise, it evokes certain significant characteristics for an act to be considered as femicide. To date, considerable cases of this type of crime coexist in which the victims are women, regardless of the area in which they are found, caused by different causes, among which mention can be made of authentic discrimination, transgressing different legal rights when we meet Faced with this multi-offensive criminal type, circumstances that show that this population group is in a situation of vulnerability and without any protection, which in turn is corroborated with the increase in statistical figures over time, according to the investigations that have been carried out on the subject.
The objective of the creation of this law was to support the women of Colombia through the use of socialization precepts in order to lessen any pattern of mistreatment of women.