Aplicación del enfoque de género por los jueces colombianos en la liquidación de la sociedad conyugal
The social changes resulting from the struggles for gender equality in Colombia made property violence against women visible. However, the legal moment of greatest risk of this type of rights violation occurs during the distribution of assets, once the marital partnership is subject to termination,...
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| Autores principales: | , |
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| Formato: | Tesis/Trabajo de grado - Monografía - Pregrado |
| Lenguaje: | spa |
| Publicado: |
Universidad Antonio Nariño
2024
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| Materias: | |
| Acceso en línea: | https://repositorio.uan.edu.co/handle/123456789/11864 |
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| Sumario: | The social changes resulting from the struggles for gender equality in Colombia made property violence against women visible. However, the legal moment of greatest risk of this type of rights violation occurs during the distribution of assets, once the marital partnership is subject to termination, and given the figures on the increase in divorce applications in a society where the role of housewife is dominant among couples, the analysis of this problem becomes of investigative interest. Therefore, the objective is set to analyze the application of the gender approach by the magistrates of the Colombian high courts in the liquidation of the marital partnership, between 2018 and 2023.
The fulfillment of this purpose is based on a qualitative phenomenological methodology, with bibliographic and documentary literature between 2018 and 2023 regarding the topic in question, collected through bibliographic review, analysis matrix and documentary review. The results show that, lthough it is true that gender-focused norms have been created to protect women's rights in the liquidation of marital partnership, the shortcomings persist and are brought as protections to the Constitutional Court, which validates the affirmation of giving continuity to the interpretative process of this reality for adjustments that allow the Law to rise to the challenge that gender equality implies. |
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