The gender approach as a principle of due process. Sentence SU-349 of 2022 of the Constitutional Court of Colombia

Abstract

The intention of this article is to analyze the relevance of the Judgment (SU-349/22) from the Constitutional Court of Colombia, which restates the institution approach  regarding gender perspective and the contested decisions that might lead to failures to state a claim, in addition, reiterates the sanctioning position that maintenance has in a divorce process in accordance with the third cause of the article 154 of the Civil code. Furthermore, this text displays a jurisprudential and comparative analysis with international law regarding the violence against women, enunciating and contextualizing the types of violence to which they are subjected, highlighting among them domestic and institutional violence; in this regard, Congress is urged to regulate the fundamental right to secure integral reparations in cases of domestic violence.