From formal equality to gender-sensitive justice: Reflections on Cecilia Medina’s contribution to the Inter-American Court of Human Rights

Abstract

This article analyzes the evolution of the principle of equality and non-discrimination in the jurisprudence of the Inter-American Court of Human Rights, proposing the hypothesis that this principle has shifted from a formal and negative approach to a transformative, structural, and intersectional conception. The general objective is to systematize this jurisprudential evolution by identifying its stages and their impact on the consolidation of gender-sensitive justice. The specific objectives are to describe the evolution of the principle of equality; to examine the legal standards developed in key decisions of the Court; to highlight the role of Judge Cecilia Medina Quiroga in the incorporation of a gender perspective; and to assess the application of intersectionality in recent cases. Methodologically, the paper adopts a qualitative approach grounded in doctrinal and jurisprudential analysis, including critical review of judgments, advisory opinions, and separate opinions. The study emphasizes the pioneering role of Judge Medina in transforming the Court’s interpretive approach, particularly in legitimizing gender as a legal category. It concludes that transformative equality requires States not only to abstain from discriminatory practices but also to implement structural measures to eradicate historical exclusion and ensure the effective enjoyment of rights.