Abstract

TORRES SANCHEZ, XIMENA. Gender justice at the judicial level. Comparative analysis on the fundamental right of women to make decisions about their own bodies in violence contexts. Rev. Derecho Estado [online]. 2020, n.47, pp.177-213.  Epub Jan 28, 2021. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n47.06.

As fundamental rights are conceived from their functionality, as a dynamic integrated system so that people can achieve a dignified life, the general interest for their study is awakened, on aspects related to their scope and effectiveness within society. Thus, the normative breadth of the constitutional order reflects that judicial development is a structural component, of great importance for the material scope of justice. In this sense, the article proposes an approach to this level of Law, through the study of cases on the right of women to decide on their own body in contexts of violence, in order to verify that, the development in the judicial sphere, communes with the scope of gender justice; for which, first, compliance with international human rights standards is verified; and, second, the Gender Methodology is applied to analyze the legal phenomenon. From this it is concluded that this normative power of women, requires a breakdown of various paradigms, in order to achieve the materiality of this fundamental right in the different components of the legal system, in articulation with Human Rights and a true scope of gender justice.

Keywords : Fundamental Rights; Gender Justice; Human Rights; Women.

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