English

Duties of the authorities in cases of intrafamily violence

The Constitutional Court reviewed the role of the Fiscalia Policía  and a Comisaría de Familia in a case of intrafamily violence that occurred in the capital of Valle del Cauca, which had been denounced since 2008. The plaintiff went to these authorities in order that they take protective measures in their favor; However, until the filing date of the guardianship, a definitive solution to the customary violence to which her husband was subjected had not been obtained.The Court called the attention of Comisaría de Familia, and concluded that their actions should take into account that they were facing an alleged gender violence, which required a special perspective, determine the degree of education of the parties, their socioeconomic conditions , as well as his emotional and psychological state. The Court said that this entity ignored the need to establish the severity of the aggressions and the level of risk of the victim, despite the fact that it had the possibility of ordering the practice of tests to achieve the eviction of the aggressor. Faced with the actions of the Fiscalía  the Court pointed out that its obligation in cases of intrafamily violence or violence against women is not limited to the investigation of punishable conduct, but must also ensure the victim's attention and protection.In this way, the Corporation affirmed that there was a lack of analysis of the issue from a gender perspective, as well as the application of immediate protection measures regulated in norms prepared to eradicate and prevent violence against women.

 

Other decision: T-338 / 2018