Reconfiguraciones del derecho a la igualdad y no discriminación en las democracias liberales: el posicionamiento de las agendas de los grupos anti-derechos en Latinoamérica.

Over the course of the past decade, Latin America has made great strides toward ensuring equal rights for LGBT people. Several countries across the region have legalized same-sex marriage and recognized LGBT people as a protected class on the grounds of sexual orientation and gender identity. Activists secured these rights gains by arguing that the right to equality and nondiscrimination lies at the core of modern liberal democracy. As such, this right has provided the chief legal basis for advancing LGBT rights. The anti-gender backlash that has swept across Latin America in recent years poses a clear threat to LGBT rights, particularly because anti-rights actors are attempting to coopt equality and nondiscrimination claims to further their reactionary agendas. This paper aims to identify the equality arguments marshaled by anti-rights groups, analyze their role in the potential legal reconfiguration of this right, and assess how public law could intervene to prevent such an outcome.

Derechos de las mujeres y regresividad material en los gobiernos actuales de Argentina y Colombia: posibilidades desde el derecho constitucional.

Over the last century, the women’s right movement has succeeded in creating the consensus that, to achieve material gender equality, governments must guarantee certain minimums. This consensus has not come without pushback. Although the proliferation of international norms and standards has been vital to advances in women’s equality, there is an marked tendency to use a rights “checklist” as a measuring stick for progress on women’s rights without creating the conditions for material equality. The new governments in Latin America exemplify this trend: while they regulate women’s issues, they show little political will to take the necessary steps to bring these regulations to fruition. Using Argentina and Colombia as case studies, this paper seeks to define the minimum guarantees required for material quality, identify the obstacles created by the current political climate, and clarify the ways in which constitutional law can prevent backsliding on women’s rights.

Reconfiguraciones del derecho a la igualdad y no discriminación en las democracias liberales: el posicionamiento de las agendas de los grupos anti-derechos en Latinoamérica.

Over the course of the past decade, Latin America has made great strides toward ensuring equal rights for LGBT people. Several countries across the region have legalized same-sex marriage and recognized LGBT people as a protected class on the grounds of sexual orientation and gender identity. Activists secured these rights gains by arguing that the right to equality and nondiscrimination lies at the core of modern liberal democracy. As such, this right has provided the chief legal basis for advancing LGBT rights. The anti-gender backlash that has swept across Latin America in recent years poses a clear threat to LGBT rights, particularly because anti-rights actors are attempting to coopt equality and nondiscrimination claims to further their reactionary agendas. This paper aims to identify the equality arguments marshaled by anti-rights groups, analyze their role in the potential legal reconfiguration of this right, and assess how public law could intervene to prevent such an outcome.

Del silencio a la escucha: aproximaciones teóricas feministas a la comprensión de la violencia a gran escala y las transiciones políticas en Latinoamérica

Since the 1990s, Latin American(LTA) feminists have developed important reflections on different socio-political issues. From then on, LA-feminism(LAF) has consolidated its own analytical readings and categories, seeking to explain and transform the structural conditions of exclusionary violence to which Latin-American women are subjected. However, despite that LAF insights cover multiple disciplinary fields, they are still absent from political and constitutional reflections based in LTA. With that in mind, the paper aims to present an overview of the LAF approaches to the challenges faced by societies in transition. It discusses the theoretical contributions made by feminist to the understanding of Latin American political context in:(1) a relatively close past, marked by widespread violence, such as the South Cone’s dictatorships or the several armed conflicts that took place between the 1970s and the 1980s;(2) the transition processes carried out in the aftermath of those periods.

Derechos de las mujeres y regresividad material en los gobiernos actuales de Argentina y Colombia: posibilidades desde el derecho constitucional.

Over the last century, the women’s right movement has succeeded in creating the consensus that, to achieve material gender equality, governments must guarantee certain minimums. This consensus has not come without pushback. Although the proliferation of international norms and standards has been vital to advances in women’s equality, there is an marked tendency to use a rights “checklist” as a measuring stick for progress on women’s rights without creating the conditions for material equality. The new governments in Latin America exemplify this trend: while they regulate women’s issues, they show little political will to take the necessary steps to bring these regulations to fruition. Using Argentina and Colombia as case studies, this paper seeks to define the minimum guarantees required for material quality, identify the obstacles created by the current political climate, and clarify the ways in which constitutional law can prevent backsliding on women’s rights.