The legal construction of women's citizenship is examined here by analyzing their legal status in general, in correlation to their social situation in Chile. The specific legal status of women as subjects of law, in particular of citizens, is different from men, which complies with the normative standard of hegemony. While women have achieved minimal civil and political rights, the persistent legal manifestations of their discrimination through arbitrary exclusions, the reproduction of gender stereotypes in legal norms and a biased application of the law could be understood as part of a constitutive logic of public law that reproduces the lower legal status of women. Modern constitutional theories fail to find a satisfactory response to the specific phenomenon of gender discrimination in the exercise and ownership of citizenship. Progress and setbacks are identified as a result of the historical shift of a gender perspective in the construction of legal subjects in constitutional law.
The name of the presentation is currently: “Contentious objection in the interruption of pregnancy in Chile: a right threatened by the State”, but the first word should be “Conscientious” and not Contentious. So I would appreciate if you amend the name to “Conscientious objection in the interruption of pregnancy in Chile: a right threatened by the State”.
In Argentina, the lack of opportunities for women in the workplace is notorious in several aspects. Although the Magna Carta guarantees the right to social work and the right to equality, in several cases it does not translate in real consequences; its application is in many times detrimental to Women, it does not provide the same system of solution to conflicts between parties, and the State’s intervention is minimal.
In this paper I will address the situation that women experience regarding their job opportunities; regardless of the extent in which certain rights are guaranteed in the normative, in the practice, they are not really granted. For instance, a woman receives a lower salary than a man for the same task and female athletes are discriminated. I will specifically analyse, the ‘2003 FUND WOMEN INEQUALITY -with EMPRESA FREDDO’ case which is an example of a judicial decision that established affirmative actions.
In Chile, in July 2012, the Law 20.609 which establishes measures against discrimination, was approved. Few years after its publication this article analyses, with a gender perspective, whether the definition of discrimination, the measures contemplated in the Law – to prevent and protect those who suffer discrimination, to punish those who are responsible and, eliminate it – are effective or not protecting women. The study of the recommendations given to Chile in 2018 by the Committee on the Elimination of Discrimination against Women (CEDAW), allows us to conclude that women suffer different and complex ways of discrimination that have not been addressed.
A revision of the Law and last years jurisprudence in relation to the 'non-discrimination action' established in the Law – particularly cases of discrimination on sexual grounds – considering the particularities of the discriminatory phenomena that affect women in Chile, shows that it is an insufficient tool to protect women.