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Rights Out of Reach
Obstacles to Health, Justice, and Protection for Displaced Victims of Gender-Based Violence in Colombia
Summary
Obstacles to
Medical Attention
Obstacles to
Justice
Shortcomings
in Humanitarian Assistance and Protection Measures
Illustrative
Cases
Action
Needed
Recommendations
To the
President of the Republic:
To Congress:
To Colombian
Government Ministries and Agencies:
Ministry of
Health
Department
of Public Administration
Attorney
General’s Office
National
Police
Family
Commissioners
INMLCF
ICBF
Public
Ministry
Ministry of
Interior’s National Protection Unit
Victims’
Unit of the Department of Social Prosperity
To Donors
and the International Community:
Methodology
I. Gender-based Violence and Displacement
Conditions
of Displacement
Scope of
Gender-Based Violence in Colombia Generally, and Related to the Conflict and
Displacement
Displacement
Exacerbates the Effects of Gender-Based Violence
II. Colombia’s Normative Framework for Gender-Based
Violence and Rights of the Displaced
Laws
Protecting Women and Girls in Colombia from Gender-Based Violence
Sexual and
Intra-Familial Violence Laws and Policies
Victims’
Rights to Health Services
Criminal
Laws Related to Intra-Familial and Sexual Violence
Laws on
Displacement that Should Help Displaced Victims of Gender-Based Violence
Auto
092/2008: Constitutional Court Order Protecting Displaced Women and Girls
The Victims
and Land Restitution Law
Referral
Pathway: How Victims of Gender-Based Violence Connect to Services
The Gap
between Laws and Reality
III. Shortcomings of Health Services after
Gender-Based Violence
Health
Officials Lack Adequate Knowledge or Training of Law and Policies
Problems
Displaced Women and Girls Experienced When Seeking Health Services after Rape
or Intra-familial Violence
Inadequate
Screening
Mistreatment
by Staff in Health Facilities
Arbitrary
Delays or Denial of Treatment
Failure to
Ensure Victims Have Information about Healthcare Options
Referral
Problems
IV. Obstacles to Justice after Gender-Based Violence
Mistreatment
by Authorities
Evidentiary
Challenges
Intra-familial
Violence as a Private Offense during 2011 and 2012
Limited
State Resources
Poor
Referrals
Costs of
Seeking Justice
Fear of
Retaliation
V. Barriers to Assistance and Protection Measures
Humanitarian
Assistance for Displaced Persons
Protection
Measures under Law 1257/2008
Protection
for Human Rights Defenders
VI. International Legal Obligations
Right to
Freedom from Gender-Based Violence
Right to
Health
Right to
Privacy and Bodily Integrity
Right to a
Remedy
Acknowledgments
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