By Cristina Motta (auth.), Cristina Motta, Macarena Saez (eds.)
Translated and up-to-date from the seminal Spanish textual content on felony judgements affecting gender and sexuality in Latin the US, this English version is the single legislations textual content to concentration particularly at the rights of lesbians, gays, bisexuals and the transgender inhabitants as well as women’s rights extra commonly. the quantity presents shut research of a few of crucial judgements made via Latin American nationwide courts, in addition to these made by way of foreign felony our bodies, that impact the rights and pursuits of those teams. especially chosen for his or her intensity of argument and price as exemplars, the reports of fine criminal perform chart the trail of the region’s normative values of justice as they've got advanced clear of a partial, and patriarchal, workout of the legislation. They exhibit how situations with tremendously differing contexts similar to, estate rights and family violence have led to a combined physique of Latin American legislations. a few judgements are protecting of women’s and minority rights. a few verify the broader social affects of case legislation within which acceptance of the discrete criminal identities inside of families demanding situations demonstrated precepts, together with non secular ones. different circumstances were selected as cautionary examples of undesirable decision-making and for the poverty in their felony debate. up to date to incorporate the newest proper jurisprudence from around the continent, this e-book is an educated, cohesive and entire consultant to knowing women’s and gender-based rights in Latin America.
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Extra resources for Gender and Sexuality in Latin America - Cases and Decisions
1, No. 1, pp. 29–44, March, 1992. 32 Alessandro Baratta, “El paradigma del género, de la cuestión criminal a la cuestión humana”, en Haydée Birgin, El derecho en el género y el género Biblos, Buenos Aires, 2000. 38 C. Motta and physical violence, in particular between spouses – or the penalized forms of violence offend objective and abstract values but not concrete legal goods, such as the characterization still in force of crimes against sexual freedom, honor, or family order. Likewise, the law defines women in abstract terms when they are assimilated to minors or elderly persons, or imposes a model of behavior when only “honest women” are beneficiaries of certain prerogatives.
Class is its structure, production its consequence, capital its congealed form, and control its issue. Implicit in feminist theory is a parallel argument: the molding, direction, and expression of sexuality organizes society into two sexes–women and men-which division underlies the totality of social relations. Sexuality is that social process which creates, organizes, expresses, and directs desire, creating the social beings we know as women and men, as their relations create society. As work is to Marxism, sexuality to feminism is socially constructed yet constructing, universal as activity yet historically specific, jointly comprised of matter and mind.
42, 1990. 28 Judith Butler, Gender Trouble, Routledge, New York, 1990. 2 Citizenship 37 believes that politicized terms of identity, such as “the women,” are necessarily excluding and can only be constructed based on repression of difference. 29 In this sense, the analysis of the law as a discourse that fixes identities, and in this case the feminine identity, is the subject of interest here. On the other hand, this moment of feminist thinking coincides with the theories on citizenship described above, especially in their multicultural aspect.