Study of feminist theories
This case that has shocked in the entire country, what is unworthy is not that the sentence has been acquitted, since the case could be given for different reasons for example that the complaint would have been lacking. What outrages feminists, therefore, to feminism of equality and constitutional feminism, are the misogynist arguments that the administrators of Justice valued as proof to acquit the accused, demonstrating once again that we are in a macho and patriarchal country, who is responsible for distributing power and justice to criminals. For which it is necessary to talk about this indeterminate struggle of feminist and feminism itself.
The feminism of equality, seeks to achieve the equality of women in the public sphere, means, both women and men enjoy the same rights and may have the same opportunities to access in the public sphere, having as main objective to eliminate the distinctionsregulations and on the other hand constitutional feminism, seeks to create a constitution from a perspective of feminism and open spaces for women in litigation matters, so that these constitution made, is interpreted properly.
According to the text, Eleven number magazine, of the Faculty of Law and Political Science, of the National University of San Antonio Abada del Cusco, led by the brand new director Dr. Pavel Humberto Valer Acorn.
Historically, we know the evolution and historical moments that this movement has had, its three waves, in which its horizons have been extended, as well as their adherents, their struggles and the objectives that seek to achieve. Although at first, feminism advocated more a struggle for the inclusion of women to political areas, now, more than before, there are already some women who have positioned themselves in positions of power, in different institutions, such as law,politics, religion and education, and so on. But this "inclusion" has changed the reality of millions of women who are still treated as unequal to men. women, since a sin committed by law, and the men who direct it, is to issue general laws, which assume that we are all in the same.
In articles the right to equality and feminist legal theories, the struggle for the claim of our rights and constitutional feminism under construction.
According to Milagros Chasska Alvarado Yucra, feminist movements have adopted different positions about the right to equality between women and men. These have been reflected in different legal theories that question the exclusion of women from the public sphere and their relegation to the private sphere because of the patriarchal system, raising proposals to achieve real equality. Within these theories, feminist legal thought highlights the role of law in social change and raises the construction of the legal system from the female and masculine point of view in an egalitarian society. In that sense, Dr. Olga Patricia Velázquez Ocampo, a professor at the University of the University of Los Andes and Universidad Eafit, proposes that the constitutions are an agreement that represents interests of a group of people with different thoughts and needs, which allows allThey can coexist. But the inclusion of the gender approach to constitutionalism, makes urgent issues that we should know how:
What happens when a part of the population (women) that is governed by the Constitution, did not participate in its creation? How to include women within a pact in which they did not participate? Or if they have participated in the constitution of this agreement, but their rules do not effectively applied. So how is the inclusion of women possible and through the way?, If one of the characteristics of the Constitutions is their difficulty in being modified, this to “guarantee the political stability of a State” are questions that require different answers to those that traditional constitutionalism has given and must be addressed from an inclusive space,Like constitutional feminism. Thus, Dr. Olga tries to teach the contributions of feminism to constitutional law, studying that feminists seek with the use of constitutional law. Addressing questions such as:
- Is it possible to identify what changes do feminist want?
- When is the intervention of feminism beneficial?
- What are the results that are required to change the situation of discrimination or structural domination of women?
To absolve these questions, the article presents us as follows: First it refers to the concept of constitutionalist feminism and its different uses, the routes of feminist interventions by presenting new approaches to old claims on the right of women, holdingthat it is possible to identify two ways of communication between feminists who use constitutional law as a tool to encourage social change and constitutional law. A path is through constitutional design and constitutional interpretation and for that it is necessary to know what "constitutional feminism" means, which today has begun to be used in different academic texts and this due to the need to explore the existing relationships betweenConstitutional Law and Feminism, but there are different conceptualizations by various authors that Dr. Olga cites in this article, which is necessary to mention for her best understanding. "It is the use of constitutional powers and provisions to improve women’s living conditions". On the other hand, the constitutionalist who has been summoned in this article tells us that, this constitutionalism studies how patriarchy has coexisted and coexists with all economic systems:
In that sense, this is the concern that leads women to think about roads towards inclusion, constitutional design is then presented as a way of intervention through the participation of women in constitutional processes, but for this interventionBe effective, a true commitment, interest, disposition of these to get involved with political activities, creating spaces for participation of these is required, currently the goal of the current constitutional reform processes is seen.
To conclude, in this sense, constitutionalist feminism is manifested in different ways, through the study of specific cases such as sexual and reproductive rights, although the author of this article presents us as two individual categories, constitutional designs and constitutional interpretation, these are joined, already through the interpretation it is possible to complement, execute and develop the objectives planned from the design, otherwise it will not be possible to fulfill in order and proof of this is for example the recent case of Ica.
The SUPRAPROVINTIAL COLLEGE CRIMINAL COURT SOUTH ZONE issued an acquittal in favor of a 22 -year subject accused of sexual violation of a 20 -year -old woman. having as an argument to acquit. the type of intimate garment that the complainant brought at the time of the facts. The woman had a red female underwear with lace in the front zone and for the criminal referee this type of attire are usually used on special occasions for moments of intimacy. On that basis, criminal judges infer, that the aggrieved had prepared or was willing to have sex with the accused.
In conclusion, it is of no use to have the constitutional rights embodied, typified if they are interpreted as they want, but it is not only in the legal world where discussions about the role of women should be given.
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