A vulnerabilidade de gênero revisitada a partir dos standards jurídicos nos julgados da corte interamericana de direitos humanos relacionados à discriminação contra a mulher

Abstract

Although women have been included in the universality of human rights, by means of international laws and legal texts of democratic national states, barriers that difficult the concretion of gender equality persist. The recognition of women rights brought new dilemmas and fields of dispute to the gender discrimination, which continues to be experienced by women in the public and private spheres. It is necessary therefore to analyze the gender vulnerability by the deepening of the vulnerability concept through bioethics. In this new and uncertain context, it is convenient the study of cases on gender vulnerability involving women in the Inter-american Regional System, specifically in the Inter-american Court of Human Rights, identifying standards related to the issue. The standards intend to improve the Interamerican Regional System jurisprudence, comprehending not just the development of International Law but also its aplication in the internal laws of the states. Thereby the repercussions of the international decisions related to the gender vulnerability that the women face become amplified. Along the study it is verified the correlation degree between the standards that have been identified and the concept of gender vulnerability. It is analized as well the incorporation of presuppositions of special treatment to the guaranty and effectiveness of the vulnerable groups rights which permeates the acting of the international human rights protection systems.