(32) District Secretariat for Social Integration. (n.d.). Differentiated approach. Excerpt from www.integracionsocial.gov.co/index.php/politicas-publicas/la-sdis-aporta-a-la-implementacion/politica-publica-enfoque-diferencial This approach is the response to a principle of justice and equality in the face of differences that need to be examined. recognises that there are populations which, because of their situation and ethnic characteristics, their lives, gender, sexual orientation and gender identity, disabilities or because they are victims of armed conflict, are more vulnerable and need an approach adapted to their needs and specificities in order to reduce situations of inequality that impede the effective enjoyment of their human rights, the pursuit of justice in the Community; Right to be different. (27) Ministry of the Interior. (2015). The differentiated and ethnic approach in the policy of victims of armed conflict. Bogotá, D. C.: Ministerio del Interior. Excerpt from gapv.mininterior.gov.co/sites/default/files/cartilla_enfoque_diferencial_fin_1.pdf The differentiated approach allows us to understand and visualize the dynamics of discrimination and social exclusion in the city, so that measures to transform justice and human development are established from there. This article provides an overview of some of the multiple forms of violence experienced by indigenous women victims of the armed conflict in Colombia, as well as some of the State`s public policies aimed at reducing their situation of vulnerability. One of the policy tools for drawing attention to minority groups is the so-called “differentiated approach”.
This article attempts to identify the use of the term by various State bodies – as the Constitutional Court has understood – and the relationship of its application with the participation of indigenous women in the design and implementation of public policies. A literature review of doctrine, legislation and jurisprudence in national and international affairs should contribute to the review, development and implementation of special measures to ensure the full realization of the rights of indigenous peoples. It is concluded that the Colombian State has not included indigenous women in the planning, monitoring and implementation of public policies that take into account ethnic and gender differences. In view of the above, the role of the State is to apply the differentiated approach in the public administration of the city, to recognize the knowledge and skills of different population groups, to ensure equality in the guarantee of their rights, non-discrimination, equity in access and the development of differentiated responses. The case law emphasizes that the differentiated approach aims to encourage persons historically discriminated against with special constitutional protection to access, use and enjoy society`s goods and services on an equal footing. This was explained by lawyer Johana Barreto Montoya at the recent conference organized by Uniagustiniana entitled “Generalities of the differential approach, reflections from a Constitutional vision”. The expert on the law of armed conflict and holder of a master`s degree in administrative law provided a detailed explanation of human rights and the protection of minorities in the legal and historical sphere. (19) Inter-American Commission on Human Rights (IACHR).
(2018, September 15). Public policy with a human rights-based approach. Excerpt from www.oas.org/es/cidh/informes/pdfs/PoliticasPublicasDDHH.pdf The differential approach identifies the different notions, meanings and logics of life and collective and personal thought that people share to amplify different actions that materialize the effective enjoyment of their rights. From this approach, diversity is defined as the starting point for the implementation of public policies. (29) Office of the United Nations High Commissioner for Human Rights. (n.d.). What is the differentiated approach? Extract from www.hchr.org.co/index.php/76-boletin/recursos/2470-ique-es-el-enfoque-diferencial (25) Ministry of Health and Social Welfare. (November 14, 2013). Differentiated approach. Retrieved from www.minsalud.gov.co/Lists/Glosario/DispForm.aspx?ID=21 Documents: District Guideline for the Application of a Differential Approach | Resolution 2210 of 2021 | Methodology adapted for resolution 2210 of 2021 | Decree 668 of 2017 | Agreement 561 of 2014 | Qualitative Report Positive Actions Ethnic Groups For the lawyer, it is important to understand that there is also an intersectional approach, since in many cases there may be people who meet several of the above characteristics at the same time, implying an increase in the burden of inequality. Today, there is a solid regulatory framework in this sense of protection, but as the expert explained at the meeting, “we are not really aware of achieving the guarantee of rights, and therefore inequality appears and public policies end up being ineffective because they do not really focus on rights”.
The differentiated approach applies to disability, ethnicity, gender, socio-economic status, life cycle, marginalisation and social exclusion. In general, it brings together victims of armed conflicts, indigenous peoples, Raizales, Gypsies, Palenqueros, farmers, people of African descent, persons with disabilities, different identities and orientations, prisoners and all those who are by nature victims of historical discrimination. To speak of a differentiated approach, it is important to go back in human history, enough to get to the point where the concept of natural rights began to create spaces for discussion – previously unthinkable – and opened the doors to legal and social agreements that we are beginning to understand over time as human rights. (22) Government of Colombia and FARC-EP. (2016). Final Agreement to End the Conflict and Build a Stable and Lasting Peace. High Commissioner for Peace. Excerpt from www.altocomisionadoparalapaz.gov.co/procesos-y-conversaciones/Documentos%20compartidos/24-11-2016NuevoAcuerdoFinal.pdf.
(17) Inter-American Commission on Human Rights (IACHR). (December 31, 2011). Second report on the situation of human rights defenders in the Americas. Retrieved from www.oas.org/es/cidh/defensores/docs/pdf/defensores2011.pdf Material you create may be distributed, copied, and displayed by third parties if indicated in credits. No commercial benefit may be obtained and derivative works must be subject to the same licensing conditions as the original work. (35) Zaremberg, Gisela (eds.). (2007). Social Policy and Gender: Social and Methodological Issues. Mexico City: Flacso. (7) Colombia.
Constitutional court. Decision T-602/03 (23 July 2003). Excerpt from www.corteconstitucional.gov.co/relatoria/2003/T-602-03.htm The first is to take care of language: “What is not named does not exist, what is not communicated is not known”; The next step is to respond to discriminatory behaviour, not to remain silent and not to allow spaces where it is tolerated. For the lawyer, it is important to create more inclusive governments that formulate effective public policies and thus bring about a change in the collective imagination. Lawyer. Master in Business Law. Master`s degree in Indigenous Peoples` Law and Policy. Master`s degree in Aboriginal law. Ph.D. in Latin American Cultural Studies. Postdoc in social policy. Professor and researcher at the University of Magdalena, Colombia.
Google Scholar: scholar.google.es/citations?hl=es&user=fcvux-wAAAAJ. (21) Committee on the Elimination of Racial Discrimination. (December 12, 2019). Concluding remarks on the summary periodic report of Colombia from the 17th to the 19th century. OHCHR. Excerpt from tbinternet.ohchr.org/Treaties/CERD/Shared%20Documents/COL/INT_CERD_COC_COL_40807_S.pdf. (1) High Presidential Advisory Office on Women`s Equality. (2012). National Public Policy Guidelines on Gender Equality for Women. Excerpt from www.equidadmujer.gov.co/Documents/Lineamientos-politica-publica-equidad-de-genero.pdf (6) Colombia.
Congress of the Republic. Law 1448. (2011, June 10). By which measures of care, assistance and comprehensive reparation are dictated to the victims of the internal armed conflict, and other provisions are dictated. Picked up by www.secretariasenado.gov.co/senado/basedoc/ley_1448_2011.html (23) Gonzalez, Leonardo. (2019, October 12). Stop the genocide. Indepaz. Excerpt from www.indepaz.org.co/wp-content/uploads/2019/10/Doc.-ind%C3%ADgenas12-10-2019.pdf This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 international license. (26) Ministry of Health and Social Welfare. (2016).
Health Profile of Indigenous Peoples and Measuring Health Inequalities. Colombia 2016. Retrieved by www.minsalud.gov.co/sites/rid/Lists/BibliotecaDigital/RIDE/VS/ED/PSP/Perfil-salud-pueblos-indigenas-colombia-2016.pdf authors are the holders of the moral rights of their articles and may archive and disclose provided the source is acknowledged. Estudios Políticos takes over the reproduction rights. (4) National Centre of Historical Memory and National Indigenous Organization of Colombia. (2019). Time of Life and Death. Memories and struggles of indigenous peoples in Colombia. Bogotá, D. C.: CNMH-ONIC.