Legal analysis of standards with a gender perspective on women deprived of liberty in judgments declaring the state of affairs unconstitutional

Abstract

The unconstitutional state of affairs —hereinafter ECI— is a figure that calls for the inefficiency of a government in addressing needs in the country’s prisons and with it, its responsibility in the massive violation of fundamental rights. The Constitutional Court, using this figure, gives a series of orders to the Colombian state where it recommends a large number of reforms in the face of this problem of massive and systematic violation of human rights. However, when addressing the problem of prison overcrowding, the interpreter of the constitution does not apply a gender approach that allows the rights of women imprisoned from their freedom in the country’s penitentiary centers to be put into practice. To then address an analysis of the gender approach within the different sentences that declare and extend the unconstitutional state of affairs, it is essential to review from the methodology that Alda Facio proposes in her book “When gender sounds it brings changes”, in which which this author has defined as a research methodology with a gender focus on legal norms to apply it to sentences that declare and extend the unconstitutional state of affairs and with this, make visible the voices of women who are deprived of their liberty in front of to the charges of their demands.