Disadvantaged Groups, the Use of Courts, and Their Impact – A Study of Legal Mobilization in Argentina Through the LGBT Movement

Abstract

After democratization, courts assumed a new, more robust role in Latin America. We are witnessing a shift from the times when courts were irrelevant political actors to times when courts are more prominent policymakers. Argentina presents a case where the judicialization of politics is becoming increasingly relevant and is worth our attention for the insights it provides to the phenomenon of legal mobilization. In particular, disadvantaged groups, such as women and indigenous people, have used courts strategically at both national and local levels to advance their policy objectives. The following questions will guide this case study of legal mobilization in Argentina: 1) What are the factors that influence disadvantaged groups to choose courts instead of other institutional channels to achieve their policy goals? 2) To what degree does the nature and extent of the ‘support structures for legal mobilization’ contribute to the success of these groups in achieving their policy goals? and 3) What impact, if any, does the instrumental use of courts have on the other branches of government and public opinion generally?