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Mónica Godoy was fired from the University of Ibagué when her role as a defender of women's rights became uncomfortable. After accompanying several alleged cases of badual harbadment and abuse that occurred within the institution, she lost her job and was the target of a smear campaign against her. That is why he filed a guardianship
In a ruling that sets an important precedent for the country, the Constitutional Court ruled that "the dismissal of (Godoy) is illegitimate because it was based on the censorship of a protected speech ] and, therefore, affects the right to freedom of expression, the principle of equality and the right not to be discriminated against. "
(Read: Constitutional Court Support to Fight Against Sexual Harbadment and Labor)
In addition, the High Court stated that "speeches that refer to the protection of women's rights, and specifically the right not to be subjected to violence, such as badual abuse and harbadment, are also crimes ". ] are manifestations of the right to freedom of expression in the public interest who enjoy special protection based on the duty of due diligence in the prevention, prevention and control of children. 39; Investigation, Punishment and Eradication of Violence
As a result of the foregoing, the High Court ruled that the University of Ibagué abused the law. University autonomy that can not be discriminatory, and that she will have to reinstate Godoy, thus how to issue a protocol of violence and badual harbadment. He also drew attention to the Ministry of Education, which asks him to establish "guidelines for higher education institutions regarding duties and obligations related to harbadment cases". at work or badual and gender-based violence. ; and the standards and rules that govern the attention of cases of possible bad or gender discrimination against students and teachers in higher education centers. "
Considering the importance of this decision, El Espectador interviewed Professor Monica Godoy and eight experts on gender issues to explain the scope of the decision.This is what that they told us
Mónica Godoy
I received the decision with joy because it recognizes that my dismissal was due to the defense of the rights of the students and of the possible ones Moreover, because it indicates that this institution did not act adequately and violated my fundamental rights to freedom of expression and conscience and hindered my exercise of duty 19659002] This decision sets a great precedent because reaffirms the importance of the protection of women human rights defenders and underlines the obligation of society and its institutions to promote their work park e that it is a speech of public interest a democratic society
The decision is a direct result of the political claims of feminists who have been working for decades for universities to release gender-based violence, including the badual harbadment and work. These advocates typically work in hostile work environments that hinder their work. This must be transformed because it is an exercise in discrimination
(Read: Universities: accomplices of badual crimes?)
Camila Vega Pérez, sociologist at the University of Chile
The decision does not only reflect the importance of women's representation in the various public affairs spaces, such as rectorates of universities or magistrates, but also opens an important space for discussion and debate. Action on institutional policies on violence The resolution is in line with what has happened in the region and, as a clear example, on what has happened in Chile in recent months, concerning need for universities to have protocols for the attention and sanction of badual harbadment, gender violence and arbitrary discrimination, which are known to the entire academic community and effective in their application.
or, it is also urgent to evolve towards more ambitious policies that focus on the prevention and development of a new framework of coexistence in educational and work spaces, promoted by national institutions – Ministries of Education – so that take charge of institutionalizing the protection of the right of women to live a life without violence in the universities.
Amy E. Ritterbusch, Human Geographer and Assistant Professor, Department of Social Welfare, UCLA
] This sentence and the reinstatement of Mónica Godoy break the institutional silence in Colombia in the face of the violence of kind, which occurs every day in higher education scenarios.
It is outrageous that, to be heard, Monica and the feminist force who accompanied her, including other victims of gender-based violence in their institutional contexts, had to denounce having the right to a space Similarly, we are far from having these safe spaces and we must remain firm in the fight. The challenge now is not only to build and / or improve protocols to respond to violence after it has occurred; The challenge is to prioritize and fund initiatives that promote changes in institutional culture within universities, which continue to host and cover abusers. An example is an initiative that needs to be scaled up, "This is not normal", at the Universidad de los Andes
Lucía Andrade, Attorney at the Legal Clinic of the Industrial University of Santander
Finally, the Constitutional Court rules on the issue of harbadment and against the case of Mónica Godoy against the University of Ibagué. This decision confirms that academic autonomy can not be an obstacle to tolerance and / or promotion of an environment of violence and discrimination, in this case for gender reasons.
The Court recognizes that the teacher was unjustly fired in an environment of violence and discrimination against women. In this sense, she warns that Godoy has been fired to silence his work of denouncing situations of badual violence against women members of the university community.
It is a triumph that sets an important precedent for universities to promote gender equality and build environments without violence and without discrimination. University autonomy, if necessary in certain circumstances, can not be used as an excuse for ignoring women's rights.
Lilibeth Cortés, a lawyer who accompanied the case before the Constitutional Court
The situation of badual harbadment and work in universities is no longer a "private" matter that should only be dealt with on campus boundaries. The Constitutional Court, with this decision, shows that violence against women, as a violation of human rights, is an issue the attention and punishment of which are the responsibility of the state and not not limited to the university sphere.
The university is not absolute and is not above the basic rights of women, who are mostly victims of badual violence.
Nora Picbado, lawyer Dosis: Center for Research and Action for Women
The decision is important because it opens the door to the discussion about duties and obligations, in terms law, universities against badual harbadment. Historically (and not only in Colombia), universities have been unaware of the structural violence against women (teachers, students, administrators) in academia. Although there are institutions that have made efforts to put in place a policy against badual harbadment, this has also been the case thanks to the demands of student groups and teachers who have argued in favor this harbadment. However, while efforts are valued, policies are always subject to the discretion of the academic authorities. Thus, at the University X we expect that the victims have certain rights, at the university And this is not the case.
The establishment of clear and concrete obligations of higher education institutions facing gender violence would mean not only universities should work on protocols tailored to the problem they have Purpose of preventing and combating, but also providing for a minimum level of equality where all women, regardless of the university in which they are, have rights over the
(See also an editorial on this topic: Constitutional Court and Harbadment in Universities)
Diana Ojeda, anthropologist at Javeriana University and Institute of Thought
The decision of the Court is a reworking for higher education institutions and those within them insist on minimizing and silencing these forms of violence. By giving a clear message of non-tolerance to the different forms of violence based on gender and baduality, the sentence is a first step to transform the current scenario of impunity and complicity in which the abusers are the ones who are protected
More important perhaps, it's a boost for those who have dared to speak and have suffered terrible consequences, including revictimization, retaliation and a very high professional cost.
that we do not want discrimination, badual harbadment and abuse of power to continue to be naturalized as part of the academic exercise. We will be very attentive to the directives of the Ministry of National Education
Cindy Caro, social worker of the National University
The case of Mónica Godoy is an important step for the protection of the human rights of those dedicated to the defense of women's rights and zero tolerance against badual harbadment and gender-based violence. The Court's recognition of Ibagué University's discriminatory grounds for the termination of Professor Godoy's contract to denounce the violation of workers' rights, for having been victims of badual harbadment, shows that the continuum of the Violence is maintained by institutions that have complicit attitudes of the aggressors and who turn a blind eye to actions that undermine the dignity of women and minority badual groups. Today more than ever we must defend this decision.
Nina Chaparro, lawyer at Dejusticia
In accordance with the arguments presented by Dejusticia, the Constitutional Court ruled that the unjustified dismissal of the teacher Godoy is not a protected action through university autonomy, because its purpose was to silence a particularly protected speech that sought to defend women's rights and to denounce acts of harbadment, badual harbadment and gender-based violence
. the decision of the Court indicates that the right to university autonomy can not serve as a shield to justify the violation of fundamental rights, and even less when the exercise of these rights aims to defend women against the violence that exists. They are undergoing in an educational institution For the Court, Professor Godoy has exercised an activity of women's rights, which must be protected because it is a speech in favor of the invisible sectors of the population
(In the context: Guardianship sought to end "tolerance" for badual harbadment and badual harbadment) and (To report cases of harbadment, the teacher was reportedly from Ibagué)
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