Abstract

DUQUE ROLDAN, JUAN SEBASTIÁN. The Sexual Orientation and Gender Identity Perspective in the Land Restitution in Colombia. Rev. Derecho Estado [online]. 2023, n.56, pp.247-274.  Epub May 15, 2023. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n56.09.

The Law 1448 of 2011 created a procedure of land restitution which intends the reparation of forced displacement victims in Colombia, and has to apply a differential perspective that benefits historically discriminated groups, including LGTB people. For that reason, the objective is to analyze the implementation of the sexual orientation and gender identity perspective in these procedures. It starts with a brief conceptualization on this differential perspective and then, it approaches to the legal framework of protection for displaced LGTB people. After that, it studies the problems and deficiencies in the implementation of this perspective in the procedures of attention, restitution, post-ruling phase, micro-focalization and participation of victims, while formulating recommendations that seek to overcome those irregularities.

Keywords : Sexual orientation; gender identity; LGTB; forced displacement; land restitution; Law 1448 of 2011.

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