by Juan Manuel González | Mar 11, 2024 | Noticias-en, Opinions
Strategic litigation, also called impact litigation, is a tool whose use is increasingly frequent and that helps achieve gender equity. It is important to understand what it is and what its scope is, to encourage its use in the future and continue developing advances in this matter.
For some time now, but particularly in recent decades, society has begun to care about achieving gender equality. This concern has been presented to politicians, leaders and governments in many ways, but particularly through demonstrations. It is true that civil society has been one of the great drivers of this impulse, but the work of organizations that have equity as an end in themselves must also be recognized.
These organizations have been fundamental in promoting public policies so that governments establish the foundations to eliminate inequality and provide equal opportunities to all.
However, it is common for governments, and particularly legislative powers, to not fully understand the requests that society makes on these issues. This can often happen due to machismo or even lack of vision to understand that a problem exists. This is not surprising, given that congresses are representatives of societies; These same societies suffer from the same problems, and that, in the best of cases, are just beginning their deconstruction processes.
That is why public policies that do not comply with international equity standards have been legally controversial, either because their purpose is not well understood or because the way these policies are applied does not contribute to achieving the objective of equity.
This is where strategic litigation comes in as a way that opens avenues of protection through the use of judicial tools. Strategic litigation represents the person with a particular situation and common requests from minority groups, which perfectly exemplify problems in laws and policies that could not otherwise be understood.
To demonstrate that a law is incorrect, develop a trial and challenge the norm that was applied to a specific case with specific circumstances and people, it will always be much easier than warning of its unconstitutionality in an abstract way.
In Mexico, and in the rest of the world, important precedents have been established in this matter, such as, for example, in criminal matters, the right for a woman not to be punished for performing an abortion.
Also, it was through a series of trials that differences between men and women in labor matters were reduced. This included cases where it was prohibited to fire pregnant women, questioning the policy that only provided daycare services to working women, but not to working men; endorsing the idea that, if a man worked, he did not need that benefit because surely his wife would not work and take care of the children.
In addition, the possibility of recognizing home work with the same rights as any other was opened. This allowed the establishment of pensions for women who remained in charge of the home while their husband worked, and also generated a social security system for domestic workers that allows them to enjoy benefits on a par with any job.
In administrative matters, it is important to highlight the interpretations of the scope of reparation for victims by state bodies, including the acceptance of responsibility, which has often led directly to modifying public policies and discriminatory legislation.
These matters have not only provided benefits to the people who promote such lawsuits, but they also generate precedents that can be applied by lower or local courts in similar matters, and in some cases they have even managed to boost the interest in carrying out legislative reforms and even constitutional ones to establish rights and their scope and the way in which governments should respond to the problems that women face.
These changes are fundamental, and although they are not rapid, they end up influencing society and individuals in the long term, thus causing societies to modify their rules in favor of equity.
Within the framework of Women’s Day, it is necessary to highlight and remember these types of tools, as well as celebrate the lawyers who, generally on a pro bono basis , seek the creation of equal opportunities and the end of gender-based violence. through the defense of affected people. The same with the organizations that give meaning to law and public policies every day so that they have better access to justice.
Last but not least, it is necessary to recognize the judges who, with progressive vision and often with considerable courage, provide the cases with the emblematic sentences that are celebrated on days like today.
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By, Diana Rangel León, Bashan, Ringe and Correa Counselor.
by Juan Manuel González | Mar 8, 2024 | Noticias-en, Opinions
“As women, we must stand up for ourselves. We must defend each other. We must defend justice for all.” –Michelle Obama
Understanding that sisterhood is the relationship of solidarity between women, especially in the fight for their empowerment, from a practical and application point of view, it is difficult to determine which are the most effective practices and with the greatest impact that we can implement to achieve support. to other women in this fight for empowerment.
For this reason, and based on my personal experiences and that of some other legal professionals, below are some recommended practices to encourage the practice of sisterhood effectively among legal professionals.
1. Don’t judge and honor other women’s stories.
On many occasions we tend to judge and/or minimize the experiences of other women, and each woman has a story that has led her to be what she is, it is an accumulation of experiences that has resulted in the forging of character. By honoring her stories, we learn from experiences that enrich our own perspective; while by not judging we create an environment of trust, in which the support network will be genuine and free of prejudice. Even though we are all women, and we have all been discriminated against; We have not been in the same way since the intersectionality that certain attributes give us such as privilege, absence of it, social class, sexual preference, ethnicity, age, among others, greatly differentiate the experiences between one and the other.
2. Avoid toxic criticism of another woman.
This does not mean always agreeing with another woman, however, we must avoid falling into toxic criticism that is versed in gender prejudices. Carrying out objective and constructive criticism, which provides learning and improvements to another woman, is very different; to fall into the use of appellations to the personality of this one of hers. And, while it is true that women are not perfect, it is also true that we are judged by a much more demanding standard than men. A direct woman can be classified as “bossy”, while a direct man is classified as a “leader”. Using adjectives like “crazy”, “bitch”, “angry” or even referring to a woman’s menstrual cycle, physique or sexual life adds toxicity to any criticism.
3. Stop gossiping about another woman.
Being a professional woman is very difficult, and even though the tendency is not to care about “what people will say”, in the working world it is very common to hear gossip about women; about their love life or choice of partner, their conditions as a mother, or if they are conflictive or problematic people. By sharing and/or spreading gossip, we discredit women’s professional achievements; We question progress very harshly, we give moral weight to attitudes that should not be anyone’s business. If you hear gossip about another woman (even if it is true), it is best to avoid promoting it and put an end to it.
4. Adopt a mentee.
Starting a professional life and cultivating it is very complicated, no matter what phase and/or stage of your professional life you are in, your experiences can serve as a guide for younger women. Helping future generations to solve problems and have greater professional visibility will contribute to reducing the gender gap. Any advice, teaching and/or support for another woman will help her grow professionally and be able to clearly outline a career plan that not only projects work achievements, but also achieves a balance between personal and professional life that also promotes her comprehensive development. as a woman.
5. Educate yourself, learn and unlearn.
Even though we are aware of the historical reality of discrimination against women due to gender, it is important to recognize that we do not have the absolute truth; in many cases intersectionality and privilege cloud our judgment, adding to the fact that it updates reality. and it exceeds our basic knowledge, which is why it is the responsibility of each and every one of us to continually educate ourselves, learn and update ourselves on gender issues, and unlearn behaviors imposed by the patriarchal society in which we have been educated.
6. Share and celebrate the achievements of other women.
When we recognize, share and celebrate the achievements of other women, we are celebrating ourselves. We are recognizing and celebrating the progress in the professional world that we are making as a gender. Avoiding toxic competition and envy is vital and necessary, with the understanding that the triumph of one does not mean the failure of the other. In order to achieve a gender-equal society, break cement and glass ceilings, eliminate the wage gap, among others, it is necessary to have representation in decision-making bodies. The representation of women is key to continuing their professional development; celebrating achievements is the first step towards an equal society. The triumph of one must be the triumph of all.
7. Zero tolerance for sexual harassment and harassment.
Justifying sexual harassment towards another woman is simply unacceptable. One of the main obstacles at work that we have as a gender is sexual harassment and harassment. By believing the victim, not questioning them, and supporting the creation of zero-tolerance policies and processes for sexual harassment and harassment in the workplace, we are creating a safe work environment for everyone.
8. Listen and be empathetic with other women.
As human beings we react differently to the various events in our lives. If a woman wants your advice, she wants your support or she just wants to vent to you, listen to her and be empathetic. Empathy is a quality that allows positive coexistence, improves social skills, develops relationships with other people and generates an environment of trust and complicity that will help us better understand other women. Listening to another woman allows you to avoid frustrations and give a new perspective to the resolution of both work and personal conflicts.
9. Give opportunities to other women.
Our duty as women is to promote the development of equal opportunities for other women. This doesn’t just mean hiring women, and stopping working with men; but rather opening the door for women to develop in areas that make them more competitive in the work environment. To not only look for capable women, but to trust, collaborate and promote positive actions through which gender equality is achieved.
10. Promote feminism, sisterhood and an egalitarian environment.
Prepare articles, columns, actively participate in the creation of diversity and inclusion policies, go to marches, share content on social networks, and in general, promote feminism and sisterhood among women, stop and raise our voices against misogynistic jokes, demand Due respect for oneself and others are first steps that will result in having more and better tools that are necessary for the creation of an egalitarian environment.
By Mónica Paulina Mora Ávila, associate Basham, Ringe y Correa.
by brojas@az.cl | Mar 5, 2022 | Opinions
Last Friday, the Financial Market Commission published the new NCG No. 461, which incorporates sustainability and corporate governance issues in the annual report of the issuers of securities supervised by the entity.
The issuance of this standard follows two regulatory proposals in which the CMF sought to incorporate environmental, social and governance (“ESG”) criteria, which have been a global trend for some time now. Undoubtedly, this means an advance in the information that investors and consumers will have available.
From 2022 onwards, we will be able to observe how companies are taking charge of their environmental impacts in a context of climate crisis where rapid action by the business world is urgently needed. It will also be possible to identify which companies have created transparent and solid corporate governance that allows for more ethical behavior.
Finally, we will learn which players have decided to address important social issues such as gender equality and the reduction of the wage gap. This will allow us to reward those companies that have focused not only on increasing their profits, but also on creating shared value.