Gender Perspective in Chilean Criminal Law: Reinterpretation of Legitimate Self-Defense

Abstract

The Chilean penal system has shown an incipient commitment to the incorporation of the gender perspective, which has allowed for a critical analysis of institutions that have implicitly perpetuated structural discrimination against women and that have not been adequately addressed by our legislature, as is the case with self-defense. The dogmatic and jurisprudential study reveals that the gender perspective has allowed the courts to reinterpret selfdefense in a fairer and more equitable manner for women who have been victims of violence, considering violence as a continuous phenomenon and not as an isolated event. The results suggest that it is essential to continue to develop regulations that ensure equality and justice by promoting a gender-sensitive approach to the judicial system. The conclusion emphasizes that this change not only responds to a social demand but also complies with international obligations to protect and promote equal relations between men and women.