Integration of gender perspective in Latin American constitutional jurisprudence

Abstract

The study critically analyzes the integration of the gender perspective in Latin American constitutional jurisprudence, highlighting its relevance in guaranteeing substantive equality and reducing structural inequalities. Through an exploratory literature review approach, academic research and rulings issued by constitutional courts in Colombia, Mexico, Chile and Argentina were compiled and examined, prioritizing the production of the last fifteen years. The results reveal significant advances, such as the progressive recognition of reproductive rights and the adoption of differentiated protection measures; however, interpretative resistance, sexist stereotypes and a fragmentary use of international standards persist, limiting the transformative effectiveness of judicial decisions. Likewise, the real impact on the structures of inequality continues to be limited due to the lack of effective follow-up, institutional weakness and scarce articulation with inclusive public policies. The study concludes that the consolidation of a transforming constitutionalism requires strengthening the training of legal operators in human rights with a gender perspective, institutionalizing mandatory hermeneutic criteria and encouraging the active participation of civil society to guarantee the effective materialization of recognized rights.