Excuse my ignorance: Should criminal judges adopt a “gender sensitive approach” in their precedents?; [Scusate la mia ignoranza: i giudici penali dovrebbero adottare un “approccio sensibile al genere” nei loro precedenti?]

Laise L.D. · Prudentia Iuris (2023) · DOI: 10.46553/prudentia.95.2023.pp.61-91

Resumen

The gender sensitive approach became a must as the Interamerican jurispru-dence and many High Courts of most of Latin American countries remarked. Those courts insist on a specific point: only through the embedment of the gender sensitive approach we will terminate negative gender stereotypes. Only by that means we will be able to achieve a robust fairness and equality. But what does that approach entail and mean? Should judges really adopt that approach in all their precedents? This article aims at tackling those questions by offering an alternative approach. I shall maintain that a gender sensitive approach is improper for accomplishing its very own purpose; that is, to achieve fairness and equality in our societies. That would not be enough to empower vulnerable persons to overcome asymmetric and toxic relations. In contrast, I will argue that a vulnerability approach would function as better means for achieving equality and fairness. In fact, a vulnerability approach will allow victims to overcome asymmetric relations, to empower themselves and, by the same token, to arrive at a just solution.

Instituciones: Universidad de Piura