Abstract

HERRERA, Marisa  and  SALITURI AMEZCUA, Martina. Family Law from a Genders Perspective. Rev. Derecho [online]. 2018, n.49, pp.42-75. ISSN 0121-8697.

The genders perspective, in the plural, bespeaks a movement for the rights of women, who have been historically “feminized”, and of other gender identities who have been historically “persecuted”, all of which are synthesized under the acronym LGBTIQ. The question of controlling one’s body opens new interdisciplinary debates where the law plays a relevant role. An example of this is the recent process of reforming civil legislation in Argentina, which has given rise to a new Civil and Commercial Code, a fruitful scenario to investigate and demonstrate how several of these struggles are reflected in the legal order and how the passing of civil law from the genders perspective generates new tensions and challenges. This article analyses the feminist movements, the consequent renegotiation between “the public” and “the private” and the necessary passage from the notion of family in singular to families in the plural. This is underpinned by the international doctrine of human rights, a central axis of this study and an obligatory basis for any regulation in which the genders perspective has played a fundamental role.

Keywords : human rights; legislative reform; gender perspective; gender identity; family law.

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