LABOR VIOLENCE AND JUDGING FROM A GENDER PERSPECTIVE
DOI:
https://doi.org/10.5752/P.2318-7999.2021v24n47p207-224Keywords:
Gender violence, Labor Law, Access to justiceAbstract
The article analyzes the state duty to eliminate the violence at work and its articulation with judging in a gender perspective on labor issues. This approach was selected because it allows understanding the evolution of theoretical and normative production on gender, work and violence and the interface between labor law and human rights. Therefore, its elaboration had a structural question: How Convention 190 of the International Labor Organization (ILO) could contribute to the transformation of the theory of judicial decision. Starting from this delimitation, we opted for the methodological strategy of literature review in feminist legal theory and human rights and documentary analysis in the international human rights system. There were two main results: a) to understand the content of ILO Convention 190 as part of the international human rights system and the incorporation of the analytical category gender; b) to establish that gender-based judging is a duty for States parties to the Inter-American Human Rights System (ISHR) and to explore their possible contributions to protection against gender-based violence in Brazil.
Keywords: Gender violence; Labor Law; Access to justice
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