Gender/Sex and Transformative Constitutionalism: Women and LGBTI Rights in the Colombian Constitutional Jurisprudence

Today, Colombia is one of the most progressive countries in the world in terms of recognition of LGBTI rights. Several decisions of the Colombian Constitutional Court during the last two decades related to women and LGBTI rights have had significant impacts on domestic law. This is observed, for example, in the prohibition of violence against women, the concepts of feminicide and intersectionality, or the legalization of same-sex marriage and adoption. This is remarkable in consideration of the strong macho culture, the recurrence of violent expressions of homophobia, and the powerful influence that the Catholic Church and the ultra-conservative evangelical churches have on the legislative power (which explains why legal reforms in favor of LGBTI and women's rights often fail). The paper focuses on some landmark Constitutional Court decisions and aims to provide a counterpoint with the conservative backlash against LBGTI people in post-communist Europe.