El feminicidio en casos de violencia letal contra mujer trans en Colombia entre los años 2018 a 2022.

Abstract

With the implementation of the Rosa Elvira Cely law and the social struggles of the LGBTI+ communities regarding their visibility, inclusion and effective judicial protection, several questions arose, mainly about the treatment of transgender women within the criminal definition of femicide in Colombia and the constant questioning about what is the spectrum of the feminine and when it is outside or within it, Therefore, the main objective of this paper is to review the application of the criminal definition of femicide in transgender women and, in case it is not being applied in these cases, to investigate under what criminal definition these processes are being processed and what may be the possible causes of the non-application of this definition. It is necessary to remember that the contexts, work and life expectations of transgender and cisgender women are different, and that treating these two sets of life circumstances that contributed to the formation of each group of women (cis and trans) in an equal manner may help to perpetuate the invisibility to which the trans population has been subjected for a long time, therefore, it is transcendental to determine whether affirmative action measures should be taken not only from the criminal but also from the social sphere, Given the above, the contribution of this paper is to determine whether the Colombian criminal law violates the rights of trans women by not legislating on an autonomous criminal type, and whether this violation corresponds only to normative factors or whether the problem is based on social prejudices emanating from the community and public servants assigned to these cases.