Abstract

LOBATO, JULIETA. The Workplace Violence Against Women in the Judgments of the Argentinian Ordinary Labor Justice. Estud. Socio-Juríd [online]. 2021, vol.23, n.1, pp.295-317.  Epub May 29, 2022. ISSN 0124-0579.  https://doi.org/10.12804/revistas.urosario.edu.co/sociojuridicos/a.8684.

This paper presents the analysis of the rulings of the Argentinian labor justice in cases of violence and workplace harassment against women. The main thesis argues that the labor judiciary reproduces the dynamics of sexist domination by not adapting the parameters of the judicial approach to the international standards regarding the protection of women's rights. For this, we will explore a sample of jurisprudence of the National Chamber of Labor Appeals in which we will address two main issues: the conceptions of violence against women at work and the configuration of the evidence and distribution of the probation burden. Then, we contrast these findings with the main contributions of legal feminism and the current standards in women's international human rights.

Keywords : Violence against women; labor law; jurisprudence; legal feminism.

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