Bogotá Gender Justice Strategy
Bogotá Gender Justice Strategy - ©Leo Gomez - SD Mujer

Gender Justice Strategy


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Status

ongoing

Icons use case study city info

City

Bogotá

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Main actors

City Government

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Project area

Whole City/Administrative Region

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Duration

Ongoing since 2013

Shaping policy to create a safe, equitable and inclusive city for women.

A Gender Justice Strategy has been adopted by the City of Bogota as a mechanism that facilitates access to real and effective justice for victims of gender-based violence. The Strategy has four components: gender litigation and comprehensive justice, regulatory agenda, gender justice training and knowledge management and research. It provides three levels of legal care – orientation, advice and representation free of charge which contribute to restitution and the restoration of a women's right to a life free of violence. 

Sustainable Development Goals

Ensure healthy lives and promote well-being for all at all ages
Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all
Achieve gender equality and empower all women and girls
Make cities and human settlements inclusive, safe, resilient and sustainable
Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels
City
Bogotá, Colombia

Size and population development
The city of Bogotá has a total population of 8,080,734, while its metropolitan area has a population of over 10,700,000. (world population review 2018)

Population composition
The 2005 census put the population density for the city at approximately 4,310 people per square kilometer. The rural area of the capital district only has about 15,810 inhabitants. The majority of the population is European or of European-mixed descent. The people of mixed descent are those of Mestizo origin. There is a small minority of Afro-Colombian and Indigenous people as well. The city has recorded significant growth for a number of years and is still growing at a rate of 2.65%, this is largely due to internal migration. Historically, Bogota’s main religion was Roman Catholic and the city is the seat of the Roman Catholic Archdiocese. In the most recent census, a large portion of the population declared they are non-practicing. (world population review 2018)

Main functions
Bogotá lies in central Colombia and is 2,640 metres about sea level in the Northern Andes Mountains. It is the capital and largest city of Colombia and the educational, cultural, commercial, administrative, financial, and political center. Bogotá is a territorial entity and has the same administrative status as the Departments of Colombia.

Main industries / business
Bogotá is the headquarters for all major commercial banks, and the Banco de la República, Colombia's central bank as well as Colombia's main stock market. As the capital city, it houses a number of government agencies including the national military headquarters and is the center of Colombia's telecommunications network. Additionally, most companies (domestic and international) in Colombia have their headquarters in Bogotá. Bogotá is a major center for the import and export of goods for Colombia and the Andean Community in Latin America and is the home of Colombia's tire, chemical, and pharmaceutical industries. Bogotá is the hub of air travel in the nation and the home of South America's first commercial airline Avianca (Aerovías Nacionales de Colombia). Railroads connect Bogotá with the Caribbean coast to the north and via (Puerto Beriro) with the Pacific coast to the west. Bogotá is on the Colombian section of the Pan-American and Simón Bolívar highways and has road connections with all major Colombian cities.

Sources for city budget
The City of Bogotá draws its budget for public expenditure largely from taxes, fees, fines, operating revenues.

Political structure
Bogotá, as the capital of the Republic of Colombia, houses the executive branch (Office of the President), the legislative branch (Congress of Colombia) and the judicial branch (Supreme Court of Justice, Constitutional Court, Council of State and the Superior Council of Judicature) of the Colombian government.

Administrative structure
The Mayor of Bogotá and the City Council, both elected by popular vote, are responsible for city administration. The City is divided into 20 localities and each of these is governed by an administrative board elected by popular vote, made up of no fewer than seven members. The Mayor designates local mayors from candidates nominated by the respective administrative board.

Colombia has made significant inroads regarding the promotion of gender equality and women’s empowerment. However, violence - physical, psychological, sexual, patrimonial, economic and institutional - perpetrated against women along with practices of discrimination, domination and rights violations remain a pressing social issue. 
 
Thus, through the Department of Women (SDMujer), the city government of Bogota has developed a Gender Justice Strategy, 
 
This strategy was formulated with the following objectives:
  • The elimination of barriers faced by women to access justice.
  • Legal actions for the recognition, restoration and guarantee of women's rights.
  • Actions to promote a culture of zero tolerance of violence against women.
  • Advocacy in the formulation of legislative initiatives in favour of women.
  • Specialized social and legal care from the perspective of women's rights, as well as legal representation before judicial and administrative bodies.
  • Awareness-raising and training for civil servants who administer justice and women's organizations.
  • Socio-legal research studies and knowledge management.
  • Coordination with national and local entities, public and private organizations, and international agencies, in order to advance in the prevention, investigation, punishment and eradication of violence against women.

The strategy has been developed in four components:

1) Gender Litigation and Comprehensive Justice

Through which guidance, advice, socio-legal representation and free litigation are provided to women victims and survivors of violence, for the restoration of their rights.

There are three levels of services:

a) Legal Orientation

Legal advice is provided on any matter of a legal nature that is not directly related to acts of violence against women. 

b) Legal Advice

Advice is provided on how to proceed in cases involving some form of violence under Law 1257 of 2008 ( on violence against women), Law 1542 of 2012 (on domestic violence), Law 1719 of 2004 (on sexual violence), Law 1761 of 2015 (on feminicide - a gender based hate crime term broadly defined as the intentional killing of women and girls) and other special and concordant norms related to violence against women.

c) Legal Representation

Is carried out in judicial and/or administrative instances after the liaison committee analyzed whether the case is eligible for judicial representation under the Gender Justice Strategy. If so, the case will consequently be assigned to a Gender Justice Strategy attorney. Criteria were established to determine the cases in which the Department of Women (SDMujer), assumes the legal representation of women.  These criteria include the type of damage, the socio-economic capacity of the victim and the opportunity to generate specialized jurisprudence.

2) Regulatory agenda

Identifies issues of gender, violence against women and access to justice at national and local levels and prepares normative projects. Technical and legal concepts related to women's human rights are also developed.

3) Gender justice training

Raises awareness, provides training and promotes women's rights from a gender perspective to public servants, women's organizations and citizens in relation to the Gender Justice Strategy.

4) Knowledge management and research

investigates the situation of violence against women and documents cases with qualitative and quantitative reports that pay due attention to women victims of violence.

Different institutional spaces in the city develop and implement actions related to the strategy:

  • Department of Women’s headquarters (SDMujer): administrative space with legal professionals who guide and advise, and others who take care of the administrative and technical steps necessary for the implementation of the strategy.
  • Houses for Equal Opportunities for Women (CIOM): meeting spaces to foster the development of women's capacities, promote their rights and contribute to the full exercise of their citizenship through their empowerment and access to social guidance or legal advice.
  • Casas Refugio (Shelter Houses): provides shelter to women who are victims of family violence and in the context of the armed conflict whose lives are at risk;
  • Casa de Todas (House for women): provides legal advice, guidance and representation to women who engage in paid sexual activities who have been victims of violence.
  • Houses of Justice: inter-institutional scenarios in which entities such as the Attorney General's Office, the Ombudsman's Office, the Bogota Public Prosecutor's Office, Department of Women (SDMujer), the Family Commissariat, among others, come together to guarantee citizens efficient and timely access to justice. Through an inter-administrative agreement with the Ministry of Security, Coexistence and Justice, the strategy provides advice and guidance to women who have been victims of violence. 

Centres of the Office of the Attorney-General of the Nation: inter-institutional spaces where legal advice and advisory services to women victims of violence is offered. They are:

  1. Comprehensive Care Centres for Victims of Sexual Violence (CAIVAS)
  2. Center for Comprehensive Criminal Attention to Victims (CAPIV)
  3. Centre for Comprehensive Care against Domestic Violence (CAVIF)

The lead agency for the Project is the City of Bogota and the SDMujer (Department of Women). In 2018, a  budget allocation of approximately 1,000,000USD was provided for the “Strengthening the Gender Justice Strategy”. In 2019,  an additional 1,100,000USD was allocated to the project and a similar budget allocation is expected for 2020. 

1) Gender Litigation and Comprehensive Justice
 
- Since 2015, more than 48.509 services have been provided at the advisory and guidance levels.
- Since 2013, 2.661 women have been legally represented as victims of violence, which implies the restitution of their rights and effective and real access to justice.
- From November 2018 to February 2019, 23 territorial conferences have been held that have allowed the institutional offer of the strategy to be expanded. 
- A team of lawyers specializing in gender and human rights issues provides free guidance, advice and legal representation to women, thus facilitating access to justice through actions arising from the strategy and ensuring due diligence in the handling of cases.
- The strategy is a pioneer in providing care for women in the context of prostitution who have been victims of gender-based violence (Internal Resolution 490 of 2015).
 
 2) Regulatory agenda
 
- Gender violence has been made visible in the city in order to obtain jurisprudence on the subject. Between 2017 and 2019, 45 exemplary rulings were achieved, strengthening the voice of women in the judicial administration.
- The administrative act establishing guidelines to prevent gender-based violence and feminicide in Bogotá (District Agreement 676 of 2017) was signed, making it binding for the entire city public administration.
- Efforts have been made to influence the justice system to include a gender perspective in its decisions, the recognition of violence against women and the classification of femicide as a crime. 
- Institutional support has been provided in the formulation of laws on non-violence against women, on feminicide, on sexual violence, on victims of acid attacks, through legal concepts with a differential and gender focus in order to classify feminicide as a crime, contribute to the gender perspective in the judicial system and in the recognition of violence against women. 
 
3) Gender justice training 
 
- Since 2013, 1.000 public servants directly involved in gender issues have been trained on women's rights and gender justice. 
- A virtual educational module on access to justice for women has been developed for the training of civil servants, justice officials and legal professionals. 
- Awareness-raising campaigns have been carried out in the public institutions of the city on sexual harassment. 
 
4) Knowledge management and research 
 
Documentation on gender justice has been generated as a result of research and knowledge management such as:
- Document that compiles the identification of barriers to justice and the implementation of advocacy actions to overcome them.
-Document that compiles the judgments and jurisprudence achieved from the technical-legal representation offered by the strategy.
-Document of litigation strategies with a gender perspective.

The violation of women's rights and access to justice is not part of the national agenda. It is therefore necessary to encourage strategic alliances between institutions, women's social organizations and academia in order to include the strategy in the National Criminal Policy and make violence against women be acknowledged as serious crime.

The Gender Justice Strategy encounters the following challenges:

  • A single information system would be required for the standardization of information flow of cases handled by local and national government entities, in order to optimize the strengthening of information sources and the generation of gender violence indicators.
  • Reform the position of women's rights on a permanent basis in key areas, such as support for the Women's Consultative Council and the women's political movement. Moreover, to take advantage of the national and international agenda to strengthen these areas of participation and normative advocacy and gender justice training processes.
  • Strengthen the capacities of justice officials and administrators and other entities to generate ownership of the strategy and provide indicators of change.
  • Promote dissemination of judgments with justice administrators, applying the gender perspective, broadening the ecosystem of allies and strengthening the actions of the Department of Women (SDMujer).
After carrying out a workshop with different actors involved in the Gender Strategy’s implementation to discuss the main challenges and achievements, these are the lessons learned that came up: 
 
  • Providing emotional support to women by psychologists and social workers has been essential to ensure that the judicial and administrative proceedings are less traumatic for them and that they are not re-victimized when they attend the hearings. 
  • Adopting the strategy under the provisions of the Convention on the Elimination of All Forms of Discrimination against Women and the Inter-American Convention to Prevent, Punish and Eradicate Violence against Women of 1979 and 1994, respectively, regulated in Colombia by Laws 51 of 1981 and 248 of 1995, made it possible to influence the city's public policies and strengthen their implementation at national and local level. 
  • The support of universities in the Gender Strategy’s implementation as well as the Public Policy on Women and Gender Equity made possible to strengthen the training component on gender justice. 
  • The creation of the Women's Consultative Council in 2007 has been crucial as a coordinating body that oversees the public institutions of the city that provide funding for the implementation of the strategy. 
  • The strategy was effectively coordinated with other programmes and projects of the city through the Public Policy on Women and Gender Equality, which has led to its inclusion in successive development plans.

http://internacional.secretariageneral.gov.co/buenas-practicas/bogot%C3%A1-ense%C3%B1a/estrategia-justicia-genero

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Anne Schmidt
Berlin, Germany

Anne Schmidt

Individual | Architect, urban designer, researcher

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