Theses defended
Reparaciones por Discriminación y Violencia en contra de las Mujeres en la Corte Interamericana de Derechos Humanos. Una propuesta de reparación con enfoque de género y perspectiva interseccional
September 27, 2021
Law, Justice, and Citizenship in the Twenty First Century
Teresa Cunha
The present thesis entitled "reparations for discrimination and violence against women in the Inter-American Court of Human Rights. A proposal for reparations with a gender perspective and an intersectional approach" analyzes the construction of integral reparations in the Inter-american Court of Human Rights in cases of discrimination and violence against women. The purpose of the proposed study is to identify whether the creation of reparation is oriented not just to help the victim but also to contribute to the prevention, punishment and elimination of structural gender inequalities.
The selection of the decisions of the Inter-American Court of Human Rights as analytical field for this work is it´s because this judicial institution has the function of protecting human rights in the Americas region, by the important development about the reparations in its jurisprudence and by the impact and influence that have its decisions and standards in the legislation and judicial discourse within the Latin American countries. The research techniques used are mainly documentary analysis and the study of concrete cases within the period from 2006 to 2018, based on the analysis of sentences that refer to violations of women´s rights, specifically in terms of physical, sexual, psychological, and racial violence and in contexts of risk, and the observation of the reparation hearings that preceded those sentences.
Finally, based on the information obtained, a proposal for the construction of integral reparations in the Court of Human Rights in cases of violence and discrimination against women is proposed. The proposal involves a collective construction of integral reparation based on a dialogue table in which various actors participate, which will allow the creation and design of the measures to become a much more dialogical process, close to the victim, egalitarian, plural, with a gender perspective and an intersectional perspective. It is important to emphasize that one of the objectives of the reparation dialogue table is to rescue the transcendence of listening to the voces of the affected women in terms of their needs, expectations and desires for reparation; as well as, the voices of other women who share realities, feelings and experiences as part of feminist of rights defense groups and who, for that reason, can contribute whit valuable information both for the healing of the victim and for the transformation of the unjust realities that women face.
Key word: Integral reparation; women; violations; gender approach; intersectional perspective
Public Defence date
Doctoral Programme
Supervision
Abstract
The selection of the decisions of the Inter-American Court of Human Rights as analytical field for this work is it´s because this judicial institution has the function of protecting human rights in the Americas region, by the important development about the reparations in its jurisprudence and by the impact and influence that have its decisions and standards in the legislation and judicial discourse within the Latin American countries. The research techniques used are mainly documentary analysis and the study of concrete cases within the period from 2006 to 2018, based on the analysis of sentences that refer to violations of women´s rights, specifically in terms of physical, sexual, psychological, and racial violence and in contexts of risk, and the observation of the reparation hearings that preceded those sentences.
Finally, based on the information obtained, a proposal for the construction of integral reparations in the Court of Human Rights in cases of violence and discrimination against women is proposed. The proposal involves a collective construction of integral reparation based on a dialogue table in which various actors participate, which will allow the creation and design of the measures to become a much more dialogical process, close to the victim, egalitarian, plural, with a gender perspective and an intersectional perspective. It is important to emphasize that one of the objectives of the reparation dialogue table is to rescue the transcendence of listening to the voces of the affected women in terms of their needs, expectations and desires for reparation; as well as, the voices of other women who share realities, feelings and experiences as part of feminist of rights defense groups and who, for that reason, can contribute whit valuable information both for the healing of the victim and for the transformation of the unjust realities that women face.
Key word: Integral reparation; women; violations; gender approach; intersectional perspective