Genero-ikuspegia aintzat hartzen duen Botere Judizial baterantz: bere integrazioa antolakuntza judizialean eta jurisdikzio-funtzioan

Abstract

In recent decades, the legal significance of equality has undergone a considerable evolution. Focusing on the theoretical framework of the feminist legal theory, developed in the last third of the twentieth century, the Fourth United Nations Conference on Women (Beijing, 1995) configured a fundamental concept to achieve substantive or real equality between sexes: the gender mainstream. Thereafter, discrimination against women was understood as a systemic or structural phenomenon. Consequently, the fight against it required all public authorities to integrate the gender perspective into the entire legal systems. Taking into account these premises, the purpose of this work is to investigate how the principle of gender mainstream has been incorporated in the Spanish judiciary. In particular, its integration is going to be examined from an organic and material point of view, in other words, we are going to focus on the implementation of gender mainstreaming in the judicial organization and in the judicial function. This research pursues two main objectives: on the one hand, to restructure the judicial organization in order to achieve a more equal design that takes into account the integrity and diversity of the society, and, on the other hand, to consolidate the gender judgment as a legal methodology in all jurisdictions. These two purposes, however, have the same horizon: ensure that the Spanish judiciary guarantees substantive and real equality between men and women.