Abstract

PABON-MANTILLA, Patricia  and  CACERES-ROJAS, Paul. Incorporation of the gender approach in the land restitution judgments issued in Santander - Colombia. Entramado [online]. 2021, vol.17, n.2, pp.60-73.  Epub Jan 21, 2022. ISSN 1900-3803.  https://doi.org/10.18041/1900-3803/entramado2.7586.

The degree of application of the gender approach in the argumentation of land restitution sentences in the department of Santander - Colombia during 2018 is analyzed, having the gender differential approach as a theoretical and methodological reference. The sources are approached from the content analysis. A data collection instrument was constructed to qualitatively assess the discourse of the judicial decisions of the sample based on the theoretical assumptions. As a result, three levels were identified in the incorporation of the differential approach in judicial decisions. Three specific objectives were formulated. The first analyzes the theoretical framework in the area of economic, social and cultural rights for women, from the perspective of the gender differential approach. The second analyzes the judicial stage, in order to evaluate the way in which the gender differential approach was incorporated. The third evaluates, in the post-judgment stage, the effectiveness of the land restitution policy in the cases under study. The research result presented here presents the findings of the fulfillment of the second objective. It can be concluded that, despite the progress achieved in some cases with the incorporation of the approach of recognition of rights and reparation measures for women, it is necessary to continue training judges in this approach, in order to promote decisions with the potential to transform the gender-related structural injustices experienced by women.

Keywords : Gender; administration of justice; land restitution; victims; conflict; economic rights; recognition.

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