La perspectiva de género en la justicia penal colombiana: un análisis desde las personas de la comunidad lgbtiq+

Abstract

In the decisions of the Supreme Court of Colombia, it is evident that this corportion has adopted a restrictive interpretation of the gender perspective, since it is understood as an instrument for investigating, judging and eradicating gender-based violence or discrimination against women when they are victims or defendants in criminal proceedings. However, based on the parameters stipulated by the Inter-American Human Rights System and the Constitutional Court of Colombia, the gender perspective is a constitutional and supra-constitutional mandate that must be applied by judicial operators when faced with a case of violence due to prejudice against persons of the LGBTIQ+ community, but with different rules due to the fact that these are two different population groups.