The people of Colombia are experiencing a general threat to their security that has serious repercussions on the situation of women in the country. The Colombian Constitution upholds the principle of equality between men and women in all public and private spheres, yet many forms of discrimination persist. Women are more affected by unemployment than men and receive lower wages. This disparity is widest in rural areas. The number of households headed by women rose significantly between 1992 and 2001; women who are solely responsible for their families are the most vulnerable to poverty.
Legally, Colombian women have a relatively low level of protection in relation to family matters. The minimum legal age for marriage is very low: just 12 years for women and 14 years for men. Early marriage is common, as are child marriages and early pregnancies, all of which have been shown to have negative consequences on women’s health, education and development. A 2004 United Nations report estimated that 18 per cent of girls between 15 and 19 years of age were married, divorced or widowed. The survey also indicated that 22.5 per cent of women aged 25 to 49 had married for the first time before the age of 18.
In Colombian families, parental authority is shared by the mother and father, both of whom have a say in the location of the family home.
There is no apparent discrimination against Colombian women in regard to inheritance.
Colombia has recently taken steps to enhance protection of women’s physical integrity, but violence against women remains a major problem. The new Penal Code recognises sexual slavery and rape as crimes. It also obliges the government to provide immediate protection for victims of domestic violence, although the victim’s consent is required for the law to be applied to its fullest extent. In response to the high incidence of sexual violence, the government established a centre that provides assistance to victims of such abuse. Judicial authorities can evict perpetrators of violence from the family home, and force them to participate in therapy or rehabilitation programmes. The law also makes provision for prison sentences in the event of serious or recurrent abuse.
Domestic violence is widespread in Colombia. In 2002, the Institute of Forensic Medicine reported that about one-third of domestic violence cases involved married couples and 23 per cent involved other family members. Despite the provisions in the new Penal Code, rape is prevalent, including a high incidence of spousal rape. In addition, acts of sexual violence are frequently committed by paramilitaries or members of the guerrilla forces.
Female genital mutilation is not a tradition in Colombia. However, there is evidence that members of armed groups inflict sexual mutilation as a punishment for alleged fraternisation with the enemy or for the violation of imposed codes of behaviour.
There is no evidence to suggest that Colombia is a country of concern in relation to missing women.
Women legally benefit from the same ownership rights as men, yet discrimination against women is common, particularly in rural areas. In regard to access to land, Colombia’s land reform initially favoured men as heads of households. The situation subsequently improved for community properties, and for women refugees. In addition, married women benefit from the guarantees associated with cases of joint ownership. However, women in rural areas typically have limited access to property other than land.
Special access to bank loans is given to women who head households and have low incomes.
In theory, the Constitution guarantees the civil liberties of Colombian women. In practice, their freedom of movement is severely restricted by the ongoing armed conflict, which has displaced large portions of the population and left women and children vulnerable to human trafficking. It is estimated that approximately 75 per cent of displaced persons are women and children.
Similarly, the freedom of dress guaranteed by law is overruled by dress or behavioural codes imposed by paramilitary or guerrilla groups. Women who do not respect these informal codes are subject to punishment at the hands of their oppressors.
CCPR (International Covenant on Civil and Political Rights) (2004), Examen des rapports soumis par les Etats partis conformément à l’article 40 du Pacte. Observations finales du Comité des Droits de l’Homme, Comité des Droits de l’Homme, Pacte International relative aux droits civils et politiques, CCPR/CO/80/COL, UN, New York, NY.
CEDAW (Committee on the Elimination of Discrimination against Women) (2005), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Colombia, Combined Fifth and Sixth Periodic Reports of States Parties, CEDAW/C/COL/5-6, CEDAW, New York, NY.
CEDAW (2007), Observations finales du comité pour l’élimination de la discrimination à l’égard des femmes: Colombie, CEDAW/C/COL/CO/6, CEDAW, New York, NY.
CRC (Committee on the Rights of the Child) (2006), Consideration of Reports Submitted by State Parties Under Article 44 of the Convention: Convention on the Rights of the Child, CRC/C/COL/CO/3, CRC, New York, NY.
JICA (Japan International Cooperation Agency) (2005), Country Gender Profile: Columbia, JICA, Tokyo.
Ochao, L., G. Ojeda and M. Ordóñez (2005), DHS 2005 Final Report: Colombia, Macro International Inc., Calverton, MD.
UN (United Nations) (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population Division, New York, NY
