IACrtHR’s Influence on the Convergence of National Legislations on Women’s Rights: Legitimation through Permeability
Galanti, V., & Borzacchiello, E.
Abstract:
We analyze the evolution of Latin American legislations on women’s rights protection, to address the complex issue of supranational institutions’ influence on national legal orders. The examination of national legislations and IACrtHR’s jurisprudence on the matter, provides elements to discern two definite phases of elaboration, pre and post the IACrtHR’s first judgment involving a violation of the Belém do Pará Convention. Through a comparative analysis, we find a process of regional convergence on the adoption of a gender perspective in national legislations. This process mirrors the evolution of understanding in IACrtHR’s jurisprudential interpretation of the BdPC, constructed through the interaction with scholars, civil society, national institutions and international agencies. On this basis, we argue that the permeability to exogenous conceptual elaborations is the crucial element of the reproduction of the Court’s legitimation in the region and, hence, of the influence of its judgments in the region.
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APA citation
- Galanti, V., & Borzacchiello, E. (2013). IACrtHR’s Influence on the Convergence of National Legislations on Women’s Rights: Legitimation through Permeability. International Journal of Social Sciences, II(1), 7–27.