Transformative reparations: A mean identify, eliminate and correct preexisting structural inequality on women's access to land
Adriana Catalina Ortiz Serrano,
Colombia’s legal order prescribes equality between men and women. In rural areas, however, the persistence of social and cultural practices that discriminate on the basis of gender still prevail. This, have affected women’s access to land ownership and kept them on equal footing with men. Among these practices, men sons are traditionally preferred over women to inherit land; the property acquired during marriage is commonly titled in man’s name; social biases favor men’s participation in state programs that promote access to land; and women face financial obstacles keep them from fully participating in the real estate market as buyers. These factors have also been compounded by Colombia’s armed struggle, exacerbating the situation making women more vulnerable to forced land dispossession and land abandonment. Moreover, during displacement, women face particular obstacles in accessing land ownership and in protecting their assets. To advance in the recognition of the rights to truth, justice and reparation to victims of human rights violations and breaches of international humanitarian law in the midst of armed conflict, the Congress of Colombia passed Law 1448 of 2011, also known as the Victims' and Law Restitution Law. The Victims’ and Land Restitution Law includes various measures of reparation to the victims of the armed conflict. Among these remedies, the law provides for measures of restitution, compensation, measures of satisfaction and guarantees of non-repetition. In the case of victims of forced abandonment and the dispossession of lands because the internal armed conflict, the law provides for a special procedure for the actual and legal restitution of their properties.
Event: Land Governance in an Interconnected World_Annual World Bank Conference on Land and Poverty_2018
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