Los Informes de Evaluación de Impacto de Género (IEIG) como garantía del gender mainstreaming y su incidencia en la normativa y jurisprudencia española

Abstract

This paper originates from the required and necessary incorporation of the gender perspective into the judicial and political systems (gender mainstreaming), as stated in international and European commitments. In this sense, existing gender impact assessment reports are taken into consideration as well as their implications on the Spanish legal system and jurisprudence, insofar as they are legally regarded as basic instruments for the development of intergender equality policies. An analysis of the administrative litigation jurisprudence of the pluripersonal courts shows that its effectiveness in theory is more than disappointing. Moreover, it legitimises, through a procedure empty of gender perspective, the adoption of legislative, administrative and/or political measures which perpetuate the discrimination, whilst disguised as being gender transversal.

Keywords

• public policy
• effective equality
• gender impact assessment reports
• judicial responsibility
• structural discrimination