Abstract

BARBERA, MaríaCaterina La  and  WENCES, Isabel. “Gender discrimination” the jurisprudence of the Inter-American Court of Human Rights. Andamios [online]. 2020, vol.17, n.42, pp.59-87.  Epub Aug 28, 2020. ISSN 2594-1917.  https://doi.org/10.29092/uacm.v17i42.735.

This article analyzes the jurisprudence of the Inter-American Court of Human Rights on gender discrimination. In the first part, we analyze the polysemy of the category of gender and distinguish three approaches: the focus on women as a disadvantaged group (women approach), the focus on the discriminatory social structure (gender approach), and the focus on the complex social structure that interacts with other factors of discrimination (intersectionality approach). The second part is devoted to the analysis of three emblematic cases: Campo Algodonero, Atala Riffo and Gonzales Lluy. We explore which dimensions underlie the identification of human rights violations and their causes, on the one hand, measures of reparation and non-repetition, on the other. The goal is to highlight the evolution of the Inter-American jurisprudence on structural gender discrimination and to propose possible future developments.

Keywords : Gender; Structural discrimination; Intersectionality; Inter-American Court of Human Rights; Measures of reparation and non-repetition.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )