The Principle of Non-Discrimination and Multiple Discrimination as International Human Rights Standards Applicable in Land Restitution Policy

Abstract

In this article, the main objective is to know if the land restitution policy in Colombia complies with international standards that establish that reparative measures for women victims of human rights violations must be designed and executed with a differential approach to guarantee the non-discrimination and equality between men and women. Thus, on the one hand, international human rights standards on equality and non-discrimination and the concept of multiple discrimination are analyzed; On the other hand, the design of the gender approach in Law 1448/2011 is studied, as well as its execution in the judicial stage. Methodologically, with a quantitative and qualitative approach, in addition to the review and study of the documentary source and the comparison with research from other regions, the sentences on restitution cases of the department of Santander in a specific time frame were analyzed. It is concluded on the one hand that, although the regulatory measures with a diffe­rential gender approach have been designed in compliance with most of the standards, they should be applied with greater rigor and precision. The number of court orders issued with this approach is small. On the other hand, the concept of multiple discrimination should be used as a hermeneutical tool, since it would make the recognition of the fundamental right to restitution for victims of the armed conflict more effective, and thus adequately comply with the international standard in rights. human rights on equality and non-discrimination.