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Justice Cármen Lúcia represents the STF in conference on gender equality in Ecuador

Friday, 20 June 2014

Justice Cármen Lúcia of the Brazilian Federal Supreme Court (STF) affirmed this Friday (20), in Quito, Ecuador, that the discussion on violence against women gained public space e the aggressor’s defense and the institutional structure, public and private, against women became harder. Justice Cármen observed that although gender equality has reached judicial norms, it is necessary to ask yourself if the practice corresponds to the discourse. Justice Cármen Lúcia represents the STF on the First International Meeting on “Constitutional Justice and Gender Perspective,” promoted by the Ecuadorian Constitutional Court.

The Justice observed that, in Brazil, the progress on this issue has been significant in past years, including the election of a woman to occupy the Presidency of the Republic with citizen’s direct votes. She stressed, however, that although women are capable of this political resolution, they still do not participate on the political process in conditions of equality with men. She also highlighted that the current number of female deputies, besides being less than in past legislatures, corresponds to less that 10% of all parliamentary.

“Furthermore, the constant and serious aggressions that women continue to suffer, especially in the most vulnerable social classes, shows that the progresses do not occur in a linear and uniform manner and that the fight to guarantee rights cannot cease,” she highlighted.

Justice Cármen recalled that, despite the constitutional base of the law, the understanding on unconditioned action occurred in the trial of the Direct Action of Unconstitutionality (ADI 4424) when the STF, through majority of votes, concluded that it is the state’s duty to punish that which is considered crime, independent from the victim’s will. “What takes place inside four walls, in a violent and criminal way, is not love, but crime scene,” Justice Cármen stated. She also cited the Declaratory Action of Constitutionality (ADC) 54 in which the Court favorably positioned itself for the possibility that women in pregnancy of anencephalic fetuses to decide for the interruption of pregnancy.

She highlighted that the trial, besides having great impact on society due to this issue that aggregates ideological factors, religious beliefs and implications to public and private medicine, marked a new form of the Court to act, with the realization of public hearings to directly hear the demonstrations of diverse sectors of society.

The First International Meeting on “Constitutional Justice and Gender Perspective” organized by the Constitutional Court of Ecuador was attended by justices from Colombia, Dominican Republic, Costa Rica, Argentina, Chile, Bolivia, Venezuela, Brazil and Ecuador. The objective is to provide exchange on case law progresses, juridical argumentation and experience articulation on resolution of cases on this issue. While opening the meeting, the President of the Constitutional Court of Ecuador, Patricio Pazmiño Freire, highlighted that the data states that women who suffered the greatest incidence of violence of rights are those who live in poverty. “This tension reaffirms that the nature of the battle on gender discrimination involves a fight against exploitation and social inequality,” she concluded.


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