Analysis of the Colombian Constitutional Court's Transformative Approach to Conflict-Related Sexual Violence

Abstract

This paper aims to assess whether the Colombian Constitutional Court has had a transformative approach to transitional justice in relation to conflict-related sexual violence. Building upon previous literature on feminist approaches to transitional justice, we carry out a content analysis of all 37 Autos related to conflict-related sexual violence issued by the Colombian Constitutional Court between 2008 and 2016. In doing so, we delve into how the high court identifies perpetrators and survivors of sexual violence, the causes that lead to sexual violence during conflict and displacement, and the measures they propose to eradicate this crime. Overall, while we find that critical decisions are transformative in most of the analysed dimensions, there remains some room for improvement.