Access to redress for female victims of domestic violence

Stella Conto Díaz del Castillo v. Superior Tribunal of Bogotá – Civil Room

Date:  02/25/2020

Judge-Rapporteur:  José Fernando Reyes Cuartas

Concurrence:  Alejandro Linares Cantillo

Facts.  The plaintiff, a victim of domestic violence, claimed the violation of her fundamental rights by the judicial decision that decided the appeal against the ruling in a special process of divorce involving the legal effects of a Catholic marriage. That decision denied condemning the defendant to pay the maintenance obligation, despite finding him guilty of outrageous, cruel treatment, and physical abuse.  The denial was based upon the fact that the petitioner had the financial capacity to cover her subsistence and, therefore, she did not need the mentioned food quota.

Issue: Does a divorce caused by physical and emotional abuse gives right to redress in favor of the victim no matter s/he has financial capacity by her/himself?

Ruling and reasoning.  Yes.  The Court analyzed whether in a divorce when the cause of outrages, cruel treatment, and physical abuse is considered proven, the family judge must rule on effective remediation.  The Chamber concluded that it is feasible to order the reparation of damages in the processes of divorce and special cessation of civil effects of a Catholic marriage when the cause of domestic violence is proven. The protection invoked was GRANTED and the questioned judicial authority was ordered to open an incident of reparation in which the costs are specified and assessed.

The Superior Council of the Judiciary was also urged by the Court, to plan and carry out training sessions for family judges in the country, to highlight the need to analyze the issue of violence against women and the urgency of its prevention and effective response.  Such effective response should imply comprehensive reparation, in accordance with both internal and international regulations.  The latter becoming a required source of applicable law within de country’s legal system according to the Constitution and the principle of legal interpretation called the constitutional block.