A/HRC/31/3/Add.2
90.
According to the National Police, 18 lesbian, gay, bisexual, transgender and intersex
persons were killed in 2015. One transgender leader and human rights defender who had
suffered discrimination was killed in August in San Marcos, Sucre.
91.
Religious beliefs, political positions, social prejudice and the lack of a public policy
limit the rights of lesbian, gay, bisexual, transgender and intersex persons, including the rights
of same-sex couples to form a family and receive legal protection. The High Commissioner
welcomes recent judicial and ministerial decisions that tackle discrimination, but their
application has been limited. In February and November, the Constitutional Court, applying
the principle of the best interests of the child, ruled to recognize the rights of same-sex
partners to adopt children and, in July, ruled to prevent discrimination in school based on a
child’s sexual orientation. In June, the Ministry of Justice issued a decree permitting the
modification of the sex of transgender people in official documents.
D.
Sexual violence
92.
The magnitude of sexual violence in Colombia is related to the persistence of
patriarchal and chauvinistic power structures that reproduce stereotypes and multiple forms
of legal, institutional, social and cultural discrimination against women. Sisma Mujer, a
non-governmental organization, has drawn attention to the significant increase in sexual
violence against women and the lack of results in investigations into sexual violence. The
Attorney General’s Office estimates that the perpetrators in nearly 90 per cent of rape cases
not related to the armed conflict remain unpunished, while almost 100 per cent of cases
related to the conflict show no procedural advances. The problem of sexual violence
transcends the armed conflict and requires broad national debate and action, from schools
to courts, to create the transcendental change society requires. Official information systems
on sexual violence remain inadequate to facilitate effective State action.
E.
Persons deprived of their liberty
93.
The Constitutional Court again declared an “unconstitutional state of affairs” 5 in
prisons and ordered urgent measures to address persistently inhuman penitentiary
conditions resulting from overcrowding and a lack of medical attention.6 A total of 36.5 per
cent of persons deprived of their liberty have not been sentenced.
94.
Given the persistent deterioration of the prison situation, OHCHR-Colombia
supports national efforts to conceptualize effective crime prevention measures. Prison
construction is not a solution if unaccompanied by major reform of policies on crime.
Ratification of the Optional Protocol to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment would complement the peace process.
F.
Indigenous peoples and Afro-Colombians
95.
Despite State efforts, 25 years after the constitutional recognition of the rights of
indigenous peoples and Afro-descendant to collective property, effective participation and
5
6
Such declarations mean that the Constitutional Court has confirmed the repeated and constant
violation of the fundamental rights of a multitude of persons and a solution requires intervention by
various State entities to address structural issues.
Judgments T-388/2013, adopted on 28 June 2013 but inexplicably published in March 2015, and T762 of 15 December 2015, published 3 February 2016.
17
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