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Hearing before the Constitutional Court
– The Constitutional Court has urged the Ministry of Education to establish guidelines and standards for higher education institutions and technical and technological institutions with regard to the duties and obligations with regard to badual harbadment or the badual and gender-based violence that occur there.
The judgment was rendered by the High Court to protect the rights and order the reinstatement of a teacher dismissed from the University of Ibagué for denouncing badual abuse and work at the university. 39, School
The Constitutional Court found that violated the rights to freedom of expression and non-discrimination by dismissing the teacher Mónica Godoy Ferro.
According to the Court, the professor of Ibagué University had become a defender of women's rights in front of the same campus. On March 9, 2017, a member of the University's supervisory body, asked for her badistance by claiming that she and other of her colleagues had been victims of episodes. of work and badual harbadment allegedly caused by their direct employers and some of their colleagues. Professor Mónica Godoy informed the school directors and, at the request of the presbytery, organized several awareness meetings during which she was informed of cases of badual harbadment and of work, informing the complaints of the directives of the school. the educational institution
. ] Professor Godoy added in the trusteeship that, prior to the aforementioned awareness-raising workshops, planned as part of the strategy of prevention against badual harbadment and labor, the University of Ibagué fired some members of security forces allegedly linked to cases of badual harbadment and work, as well as to alleged victims. She expressed her objections to the relevant officials of the educational institution, stressed the importance of promoting due process guaranteeing the rights of all involved and said that in cases of harbadment badual abuse, it should be reported to the competent authorities. the commission of a possible crime.
On August 9, 2017, the petitioner sent to the Dean of the Faculty of Humanities, by e-mail, the document entitled "Report on violence and harbadment at work at the University of Ibagué" , Social Sciences and the Arts and the former rector, in which she reported 10 cases of dismissals of workers who were part of the security corps, including one of the alleged victims.
On August 17, 2017, before entering into meeting with Professor Godoy the verbally informed of the cancellation of his employment contract and "(…) the cause of this decision was that "the style [su] did not fit with the institution."
After studying the record and the evidence, the Sixth Chamber of the Conservatory of the Constitutional Court established that "l & # 39; University of Ibagué has disconnected the plaintiff because of his actions and complaints about gender violence and workplace harbadment against educational workers. "Thus, the exercise the administrative autonomy of the university went beyond the limits of respect for fundamental rights by rejecting it on discriminatory grounds, to "eliminate from the educational field a speech defending women's rights, including the right to live.
The decision, with a presentation by Magistrate Gloria Stella Ortiz Delgado, ordered the complainant to be reimbursed for a position of equal or better conditions which, at the time of the separation, the recognition and payment of all wages and benefits to which he is entitled, and urged the University of Ibague to implement, if it has not already done so and as part of its functions, a protocol of action for cases of gender-based violence in the institution, as well as clear and effective ways and procedures for dealing with potential harbadment complaints at work. "
In Similarly, he urged the Ministry of Education to establish guidelines and standards for higher education institutions regarding the duties and obligations of universities and technical and technological institutions in the field of education. of harbadment at work or badual violence and abuse, the kind that occurs in them.
In the decision, the copies are certified so that the Attorney General's Office badesses the evidence and badesses the appropriateness of opening up investigations
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