Gender in the Transnational Constitutional Law: Cases before the Inter-American Court of Human Rights.

Abstract

International law is closely linked to the processes taking place in the internal constitutions of the States, since the international body of law in construction, as it regards the protection of human rights, must be integrated into the legal systems of the States. This way, inter alia, the Convention of Belém do Pará is of mandatory compliance for the States parties, as the duty to respect and guarantee issued by that instrument is imperative for achieving the unmet social
needs, especially when talking about gender, both about its procedural and its substantial aspect. As for its procedural aspect, the Inter American Commission of Human Rights plays an important role, for even today, it is in charge of resorting in order to activate the jurisdiction of the Inter-American Court, so as to bring the lawsuit that may be controversial in the different instruments of the system. Regarding the implementation of the Convention of Belém do Pará, that role becomes even more prominent, because in any case, petitions containing denunciations or complaints of violations will solely and exclusively be in respect of Article 7 of this Convention, which clearly limits the jurisdiction of the Court for what is embodied in it.