ABSTRACT
According to the Colombian Constitution (article 22) peace is not only a state goal, but also a human right. What does it mean for a country to categorize peace as a human right? What does this constitutional acknowledgment mean in a post-agreement setting? In this chapter, I explore the scope of the “right to peace” in the Colombian context. For that purpose, I engage in a textual analysis of two main sets of documents: selected rulings of the most important constitutional tribunal in Colombia, the Constitutional Court, and the final version of the peace accords text (as of November 12, 2016). From a critical legal feminist perspective, I analyze the right to peace in light of the Colombian peace process, of the negative response to the referendum, and of the adjusted version of the accords. I argue that the right to peace, as it is theorized by the Constitutional Court, raises questions about the bodies that are included and excluded from the constitutionalization of peace. This chapter puts special emphasis on the questions of how peasant women, women of color, and the LGBT community are included/impacted by the agreement and by the constitutionalized peace in general.
