JUSTICE WITH WOMAN’S EYES. THE INTRODUCTION OF A GENDER MAINSTREAMING IN JURISDICTIONAL LAW
University of the Basque Country, Law Faculty (SPAIN)
About this paper:
Appears in: EDULEARN09 Proceedings
Publication year: 2009
Conference name: 1st International Conference on Education and New Learning Technologies
Dates: 6-8 July, 2009
Location: Barcelona ,Spain
Abstract:I. Location of the paper in the Conference: The author presents this paper to EDULEARN09, in order to share with all its participants an experience that has carried out the course 2008-2009 with Law students. Specifically, the author wants to show the attendants of the Conference a communication that includes three topics of it:
-Experiences in Education: after a lot of years teaching Jurisdictional Law, the teacher has realized that the gender mainstreaming is forgotten both, in its content and its teaching and learning.
-Pedagogical innovations in Education: without altering the syllabus of the subject, has been changed the way to explain it in part, introducing some dynamics in its development led to introduce a gender mainstreaming.
II. Jurisdictional Law and judicial system as men's exclusive field: Jurisdictional Law is the branch of the Law that studies and explains how works the jurisdiction. But, what is “jurisdiction”? We use this word in order to call two realityes. In one hand, jurisdiction is the role that judges have in our legal system (they judge, they execute the judged, and they protect these two functions through precautionary function); in other hand, we name jurisdiction to the set of judicial organs that exists in Spain and to the judges who compose them. Therefore, Jurisdictional Law is the branch of law that explains the organization and functioning of judiciary system. This judicial system in general, and laws and people in it in particular, have been thought and designed by men for men. In this way, we can say that justice is not woman but men in Spain. Surprisingly, until 1966 women could not be judges or prosecutors in our legal system. The reality described, obviously, is passed to its study. Jurisdiction law has been explained for many years by men like a reality for men. Woman, although is fully present it the classrooms of Law Faculty -currently more than 80% of the students are women- is the great absentee of our subject, no only in its forms but in its contents too.
III. The need to introduce a gender perspective in the teaching of Jurisdictional Law: Justice is to give everyone what belongs to them. In modern society, where equality between citizens is a fundamental value -recognized in the art. 9 of the Spanish Constitution-, justice requires the introduction of a gender mainstreaming in the content and exposition of our subject. It is time to repair forgetting and to put all the things in their place. Social reality demands it: the majority of the judges are women, all the laws find equality between citizens, conciliation of labour and family is a crucial matter in the society, gender violence is the curse of our times,… law is more female, and its application (Jurisdictional Law) too.
IV. Some practices in order to introduce a gender perspective in Jurisdictional Law: Based on the foregoing, during the first semester of 2008-2009 school year, the one who writes these lines has carried out some dynamics in order to introduce a gender perspective in teaching and learning of jurisdictional law: research papers, debates, lectures,… their origins, development and results will be studied in the paper that will be submitted to EDULEARN09.
Keywords: jurisdictional law, gender mainstreaming, pedagogic experience, researching paper, role .