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.

By, Diana Rangel León, Bashan, Ringe and Correa Counselor.