Tutela judicial efectiva: juzgar con perspectiva de género

Abstract

Access to justice is a fundamental right, it translates into the guarantee that all people have equal access to the courts to obtain the protection and recognition of their rights.

            To this end, the state, in accordance with international human rights guidelines, has the obligation to implement mechanisms to ensure that jurisdictional bodies effectively provide justice to women and members of other social groups who have systematically had difficulties accessing justice in a free and equal manner.

            The mechanisms and tools that promote access to justice prevent people who have historically been marginalized from continuing to be discriminated against by the law and institutions, promoting a democratic and participatory society.

            The gender perspective is the mechanism that contributes to the effective protection of women's rights and favors non-discrimination, it is a tool that since ancient times seeks to annul the social and cultural differences between men and women to build a society free of stereotypes and inequities.

            Judging with a gender perspective means that the judge must identify the roles and stereotypes by which discrimination, exclusion and unequal treatment of women are intended to be justified, act in respect of them and, with elements free of stereotypes, issue sentences that contribute to the construction of real gender equality.