El tratamiento jurídico internacional de los derechos sexuales y reproductivos desde una perspectiva iusfeminista

Abstract

The conceptualization of Sexual and Reproductive Rights represents a recent normative innovation, assumed with different commitment and intensity depending on each country or regional scope. Its protection and recognition confronts not only monotheisms and more conservative positions inherited from the historical patriarchal mandate of control and sexual and reproductive exploitation of women, but also with a growing globalized industry that commodifies such exploitation. Its legal treatment in the United Nations has been addressed from three lines of action: as an expansive vision of the Human Rights recognized in the Treaties, as an integral part of Population and Development Policies and specifically in the World Conferences of Women. The androcentric bias in its configuration, the lack of a proper and binding legal framework, as well as the absence of effective sanctioning mechanisms in case of its violation, necessarily requires us to rethink and formulate a paradigm shift in legal technique, with the challenge of addressing a model that eliminates the exclusive androcentric bias, product of the original pact, which has characterized the Theory of the State and the Theory of Law.