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Approaching the legal approach to lethal violence against trans women in Colombia: From femicide to transfeminicide





This paperaddresses the legal approach given in Colombia to lethal violence based on gender identity, which has been typified as femicide (Rosa Elvira Cely’s Law) and that, given its specificity, could be investigated and sanctionedas transfemicide. Given the awareness in the field of human rights aboutthe serious situation faced by transgender women in Latin America, specifically in countries like Colombia, important LGBT organizations have struggledfor the proper judicialization of crimes perpetrated on the grounds of gender identity. Unlike Mexico and Argentina, in Colombia a broad interpretation of the autonomous criminal type Feminicide has been made to apply it to the cases of murders of trans women, posing great challenges for its application by investigators and judicial operators. Exploring possible answers to the question about the need to 'transition' towards the creation of an autonomous criminal type for transfemicide, this research article offers an introduction that explores the socio-legal context of this problem in Colombia, followed by the research methodology, the background of the research, a conceptual discussion in the light of feminist and transfeminist authors from a Latin American perspective, and the main findings on the progress, difficulties and challenges of the current legal treatmentofthis phenomenon. This papercloses with some conclusions and recommendations for future research on the subject.

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