Judgint with gender perspective: a binding equitable justice methodology

Abstract

A society that measures with the same yardstick all unequal people generates more inequality. In many parts of the world, equality has evolved, from the judicial (XX c.) to the real (XXI c.) demanding results. To make real the principle of equality does not allow neutrality. It is necessary to take a constitutional approach to remove the obstacles that make it difficult, and to integrate a gender perspective, as a reference criterion, in all cases involving asymmetric relationships and gender based stereotyping patterns. This article provides theoretical and practical knowledge on how to judge with a gender perspective, as a judicial methodology, based on international and constitutional gender mainstreaming law standards, and in the application and interpretation of relevant procedural and substantive rules. At theoretical level, it explains the international and Spanish regulations that inform this analytical judicial methodology, which is a matter of law for judges, not an option, and which is legally binding for all the judicial authorities subject to the rule of law. From the practical point of view, it documents how two sentences applied this methodology during the judicial interpretation of the criminal norms and in the evaluation of the social proof.