Argumentation of the sentence with a gender approach in relation to effective judicial protection

Abstract

The gender approach has gained strength within the administration of justice as a legal mechanism to eliminate barriers between women and men, which, throughout the history of humanity, has had an impact on social development and peaceful coexistence. In this, the objective of the manuscript is to determine the main characteristics of the argumentation of the sentence with a gender approach to indicate its influence on the right to effective judicial protection; The results of the investigation indicate that one of the legal facts that promotes inequality between men and women is access to justice, because there are judges who analyze cases from an androcentric perspective and not from a gender one, thus, it has been evidenced that the guide for the administration of justice with a gender perspective presented by the Council of the Judiciary in 2018 is an incomplete document, because it does not establish aspects that the judge must consider in the legal argumentation to prepare sentences with a gender perspective , a fact that requires the implementation of certain legal criteria in the guide so that judges have guidelines to prepare resolutions with a gender perspective and guarantee equality, non-discrimination and effective judicial protection.