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Fachada de una corte con columnas al anochecer y una mujer en silueta mirando su teléfono
Una sede judicial al anochecer y una mujer con su teléfono, en una imagen alusiva. · Imagen generada

Court recognizes digital attacks on women's bodies as gender violence

The Constitutional Court recognized that digital attacks on women's bodies and appearance can amount to digital gender violence.

--- The context --- A social manager with public-facing duties turned to the courts after a content creator posted messages on Facebook focused on her body, her physical appearance, her alleged cosmetic surgeries and her private life, and commented on the role she was expected to fulfil as a woman. The claimant considered that those posts violated several of her rights, and the Fourth Review Chamber of the Constitutional Court examined separately the posts about her public management and those referring to her body, her appearance and her privacy. --- The facts --- The Constitutional Court determined that criticism, attacks and disqualifications on social media about women's bodies and physical appearance can be recognized as digital gender violence, and it protected the claimant's rights to a life free of violence, to equality, to non-discrimination, to her image, to human integrity and to personal and family privacy. The decision ordered Facebook to remove the posts identified as digital gender violence and the content that had sexualized, stereotyped and degraded the claimant, and it again called on Congress to address international recommendations on the prevention, protection, reparation, prohibition and penalization of this violence. --- The positions --- The Court distinguished two planes: because of the manager's public visibility, criticism on matters of general interest linked to her management was protected by freedom of expression, while messages about her body, her appearance and her privacy received a different treatment. According to the Court, that second group constituted digital gender violence because it sexualized, objectified, instrumentalized, minimized, discredited or disqualified the woman through gender stereotypes, against the claimant, who had sought protection for her rights. --- What remains unknown --- The decision does not announce an immediate legislative response: the Court again called on Congress, but it does not show what measures the legislature will adopt or when it will address the international recommendations mentioned. Nor is it known how this distinction will be applied in future cases with different facts, because the Chamber ruled on the specific posts in this tutela and ordered the removal of that specific content. --- Unanswered questions --- Will Congress heed the Court's renewed call on digital gender violence? How will a protected criticism of public management be distinguished in practice from an attack on the body or on privacy? What reach will the removal order have over content similar to the posts already identified? --- EPM analysis --- The strength of the ruling lies in its distinction: criticizing the management of a public figure remains protected, while turning the body and privacy into the centre of the attack is treated as digital gender violence. The Court itself underlines the effect: when the woman exercises her free expression and takes part in public affairs, the attack can limit her presence, her recognition and her capacity to intervene within the structure she represents. 📌 EPM Take: In EPM's view, the ruling is right to protect without lowering freedom of expression: criticism of public management is expressly kept safe, and what is sanctioned is something else, the use of the body, appearance and privacy to discredit a woman through gender stereotypes. That precision defends public debate and rights such as equality, non-discrimination and a life free of violence at the same time, and it hands Congress a task already entrusted to it.
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