Judge with gender perspective: Foundations and analysis of judgments

Abstract

The promises of equality, freedom and solidarity remain unfulfilled for half of humanity, for the excluded, those on the margins: women. How do we change that reality? Although the Law has responded to the rights of women, concretizing those universally consecrated, its incorporation has not been enough to fulfill the promises of
modernity. That’s why this article analyzes the incorporation of the gender category in judgments, with gender mainstreaming as a technique with which to deal with the inequalities between men and women and the discrimination of the last. From that point of analysis, it will go on to refer to the implications that the incorporation of the gender perspective has had in the judgments by the Inter-American Court of Human Rights, grouped in three contributions that we want to highlight and in a decision of the Chilean Supreme Court that incorporates and develops this category