Gender in Climate Litigation in Latin America: Epistemic Justice Through a Feminist Lens

Abstract

Abstract Emerging strategic litigation in Latin America, in particular, and the Global South more broadly, brings visibility to marginalized groups and allows novel approaches to promote climate action. Rights-based claims have taken centre stage in Global South climate litigation, strengthening the links between human rights and the environment. However, the gendered impacts of the climate crisis are not broadly discussed within the climate litigation movement. This article focuses on how gender has impacted marginalized groups’ participation in knowledge production regarding climate change and litigation. This article draws on feminist epistemology theories to problematize epistemic injustices that fail to acknowledge socially situated knowledge of marginalized groups as relevant and vital. Knowledge production regarding climate change tends to reproduce power dynamics that exclude local and marginalized groups’ knowledge. It also recreates epistemic injustices through objectification and exploitation of the epistemic agent. Moreover, knowledge production in climate litigation fails to recognize marginalized groups’ agency. Drawing from the emerging body of climate cases in Latin America, this article assesses how gender is portrayed and understood by scholars, petitioners and judges working in the region and how this understanding, or the lack of it, impacts knowledge production and power dynamics that intersect with other forms of discrimination.