Hon. Gloria Poyatos Writes Blog Post for Huffington Post Spain on Judging with a Gender Perspective

IAWJ board member and President of the Association of Women Judges of Spain (AMJE), Hon. Gloria Poyatos wrote a blog post for Huffington Post Spain titled “The law has gender, and it is not female.”

The Magistrate starts her text by stating that, over 40 years after achieving judicial equality, conquering real equality is still the century’s greatest challenge. In general, she says, more victims are women, more women are unemployed, women are poorer, and fewer women are leaders.

She continues by mentioning gender mainstreaming, which promotes an evolution from formal equality to substantive equality. A technique with which to face social gender gaps. This approach has become embedded to international associations and organizations such as the European Union and the European Council, she says.

Currently, “the international definition of gender discrimination, does not require that a woman be treated like a man because women are not <imperfect men,> it comes from a new concept of discrimination as any treatment that results in inequality. Equality is no longer a mathematical and homogeneous equation of rights between sexes, but the application of equal treatment in equal situations, different treatment between dissimilar assumptions and different measures for the benefit of the groups, which although from one perspective are equal, from another require a better treatment by the State.”

Gender mainstreaming in the judicial sphere equals to “judging with a gender perspective,” which is a standardized mandate binding for judges.

A gender perspective helps us discover the invisibility of the gender asymmetries that still exist in our law.

The Magistrate explains that, “methodologically, judging with a gender perspective, is a holistic and contextualized legal analysis technique that forces courts to adopt interpretations in accordance with the pro persona principle, through equitable solutions to unequal gender situations. It is a method of legal analysis to eliminate the stereotypes that underpin the status quo of discrimination in times of legal equality.”

Judges can, and should, be promoters of social changes to advance equality through our actions and judicial rulings.

Hon. Poyatos explains that judges’ rulings can make visible and reverse the effects of inequality that are derived from power structures based on prejudices that sustain discrimination.

Justice cannot be authentic if it ignores half of the population.

For the original blog post in Spanish, click here.