Tools for the jurisdictional approach to gender-based violence

Abstract

The objective of this work is to share experiences of jurisdictional approaches from the feminist gender perspective of Argentina, through sentences that expand and recognize the human right of women to live a life free of violence. For this, the normative framework is developed, along with the key categories provided by feminist theory that give content to the legislation, as well as the latest data available on gender-based violence in Argentina. Under the understanding that the sentences have an effect far beyond the people who are parties to the case, it is observed that the messages issued by the judiciary transcend «the case» to build social meanings on the issues that are subject to treatment, in this case, the human rights of women. In this sense, methodologically it is necessary to clarify that the judgments presented in the section on jurisdictional approach were interestingly selected based on the intention of showing how the judiciary can -and in fact does- introduce the feminist gender perspective in its resolutions. Along with Smart (2000), it is reaffirmed that Law has gender, and can become an emancipatory discourse that sediments fairer societies.