Study Of Legal Feminisms

Study of Legal Feminisms

The fact that a certain type of underwear is considered sufficient argument in this case only demonstrates and reflects that the right in much of the world is eminently macho, since the entire legal system, or at least much, has been prepared thinkingOnly in the male. As this case, there are an infinite number of circumstances in which women live daily in inequality of conditions in front of society;But this violation of rights;Sadly, it is not recent, more on the contrary, throughout history the dignity of women has been transgressed from different areas, and as a result, the feminist movement arises a few centuries ago.

It is called feminism to that social, cultural, political and legal movement that arose as a form of protest and opposition to the inequality between men and women;with the purpose that, in general is to promote and guarantee the right to equality of all without any distinction. Feminism has been developing according to the transformations for which society has gone through, being three essential historical moments that have been enriched, to which the denomination of "waves" will be given.

The first wave of feminism corresponds to the seventeenth and eighteenth centuries with the great contributions of Marie Gouze, or better known as Olympia de Gouces, because after the French Revolution, the recent "declaration of the rights of man and citizen"It represented women, a fact that it was totally and absolutely unfavorable and unfair, since the entire bourgeois population, both men and women had struggled to overthrow the French monarchy, and the female population was not recognized that merit;It is in those circumstances that Olimpia de Gouces writes the "Universal Declaration of Women and Citizen Rights".

The second wave begins in the nineteenth and twentie. In this second wave the outstanding feminist Simone Ernestine Lucie Marie Bertrand de Beauvoir appears. 

Finally, the third wave is more contemporary, since it develops in the twentieth century, at which time the theoretical foundations of feminism begin to reconfigure, concluding that the inequality and violence against women manifests itself in different ways ofaccording to various factors, such as: culture, socioeconomic status, social context, among others. Thus emerging various types of feminisms, among which are: feminism of difference, cultural feminism and legal feminism. 

For the case raised, and from the position of legal feminism, the Costa Rican student Alda Facio Montejo explains that there is discrimination towards women in the law and in the practice of justice, introducing concepts such as “substantive equality”, which makes itReference is to the equality of dignity and enjoyment of human rights. Another of its great contributions is the theory of gender, whose objective is to explain why this discrimination is given to women, and how to overcome it, without this means discriminating or pretending to be superior to men. In his essay: "towards another criticism of law," he says:

“All currents of feminism seek some degree of transformation of the legal and social status of women, and, therefore, they necessarily intend to transform power relations between genres, which in turn would radically transform relations between classes, races, villages, etc. and the very structure of societies and thought."

While it is correct to be able to affirm that discrimination towards women has been decreasing considerably for four or five centuries ago, and great contributions have been given so that it can continue to decrease;It is necessary to point out that there is still a long way to go to be able to achieve that fair, peaceful and egalitarian society in which both men and women should live together. Because the fact that it is taken as an argument (either main or secondary) an inner garment is inadmissible to justify the grievance of a person’s sexual freedom. We cannot try to solve that inequality if we do not know what happens in our reality, because it is there, where we can perceive the seriousness of this problem and where we can understand what is the scope that it has.