Valentina Lancheros Robledo

16 February 2023
Derecho 6d

Topic: Femicide
Position: It is a multi-offensive criminal type.

Introduction: It is a multi-offensive criminal offense that responds to the reality that violence
against women is not a fortuitous and isolated event, but rather a generalized and
systematic event. affects various legal rights such as life, human dignity, equality,
non-discrimination.

Reason 1: Valid and transcendental reasons to classify it as an autonomous criminal

type.
Supporting ideas:
- Femicide in Colombia was named with the Rosa Elvira Cely law, a name given to a
crime committed against a woman with which the country suffered a great upheaval,
due to the fact that the victim was brutally raped and impaled in the national park
from Bogota; fact that generated total indignation and revealed the special attention
that the investigation, prosecution and punishment of murders committed against
women deserve, taking into account all their circumstances.
- Said nature that articles 104 A and B are added to the Criminal Code, which are
special provisions where an attempt was made to make a differentiation regarding
homicidal conduct in genere, from homicidal conduct directed towards women.
- Bill No. 107 of 2013 Senate - 2017 of 2014 Chamber "By which the criminal offense
of femicide is created as an autonomous crime and other provisions are issued"

Reason 2: Create a type where women are protected as a legal right

Supporting ideas:
- The autonomous criminal type warns that it is prohibited to murder a woman for the
fact of being a woman or for her gender identity or in the circumstances defined by
the legislator and that, if that happens, her conduct will lead to a prison sentence. In
addition, it contributes to the general and special prevention of illicit.
- Most femicides are committed by a current or former partner of the victim and include
repeated domestic abuse, threats or intimidation, sexual violence, or situations in
which women have less power or resources than their partners.
- The lack of a gender perspective in the delivery of justice can lead to the justification
of gender violence committed against women and girls, as well as being a dangerous
path that can encourage the repetition of more aggressions against women and girls.

Reason 3: Violation of the principle of Equality with the promulgation of the crime of
Femicide
Supporting ideas:
- In the commission of femicide there is a background that I would think little has been
analyzed, I am not seeking to justify the crime of femicide, but it is quite true that in
recent times men have been physically, psychologically and morally mistreated by
their women, to the point of point at which many of them think about suicide.
 - Although it is true that there is special protection for women, it is due to the lack of
rights and freedoms that they have suffered for decades, due to the fact that until
very few years ago they have been gaining ground, due to their studies, due to their
desire to excel, since that in Colombia women only had citizenship until 1954 and
only until 1957 can they exercise the right to vote.

Conclusion:

- Inequality is the consequence of a still macho culture that until it is eradicated from
society by the State through education, it must then promote protection against an
abusive and macho man. Thus, the creation of the crime of Feminicide does not
violate the right to equality, because throughout history women have never been on
an equal footing with respect to men, therefore the State must seek a way to balance
that equality, in order to achieve true equity at all levels such as work, family and
social.