The Interpretation and Application of the Law with a Gender Perspective in Spain: Challenges and Outstanding Issues

Abstract

This work, situated within the Spanish legal context, presents a reflection upon the need to apply and interpret the law bearing in mind the mandate of the gender perspective contained in national and international legislation. In spite of the significant advances, in questions of gender equality, evidenced by the Spanish legal system in recent decades, these have not led to real, effective equality. In the spheres of both private and public law, this task should be prioritised and undertaken in transversal fashion by all legal operators, judges in particular. Without this commitment, the guarantee of women’s human rights will continue to be hindered by the shortcomings of an androcentric legal culture that perpetuates structural discrimination against women.

Keywords

• feminist legal theory
• gender perspective
• interpretation
• Spain