Human Rights and Violence Against Women: Campo Algodonero Case

Dandara Oliveira De Paula

doi:10.1590/1806-9584-2018v26n358582

Abstract

Abstract: The present article seeks to analyze human rights from a gender perspective. To do so, it goes back to the past to explain the development of the society of rights and women's rights. The analysis starts from the premise that human rights are social products and therefore will reflect and represent the values and interests of the society that produced them, in this case, capitalist society. One of the values of this society is patriarchy and the idea of the superiority of men as a social actor in relation to women. This value is represented in human rights that nevertheless have universality as one of its characteristics: the idea that all people are subjects of such rights independently of any identities. Therefore, the legal text in which human rights were coined affirms an equality that does not exist in practice, since women are violated and their rights are violated every day, in addition to the gender inequality present throughout the world. As an example and materialization of this reality, the Campo Algodonero Case, introduced to the Inter-American Court of Human Rights, appears as the first case of the Court to mention femicide, showing the vulnerability of women’s life and integrity.

Highlights

The period after the Second World War represented a glitch on the normative right’s system, especially the international which concerns people’s protection, entitled Human Rights
Human rights’ “right” is, a way - a technique - amongst many others, for ensuring the results of social struggles and its interests, and, as such, cannot step away from the ideologies and expectations of those who control it, both in national and international contexts (Joaquin HERRERA FLORES, 2009).1. It was fundamental for the bourgeoisie of the 18th century that all men were equal in the eyes of the law, being they rich or poor, just as much as the protection of private property was of extreme importance; and this thought was present in all rights appearing at that time
Image I: Women’s death at the hand of their intimate partner of former partner3 Even though Human Rights exist on the private and public sphere, the violence against women is still considered, on a social level, a private problem to be handled by the couple and not an issue of gender security or femicide

Summary

Introduction

The period after the Second World War represented a glitch on the normative right’s system, especially the international which concerns people’s protection, entitled Human Rights.

Results

Conclusion