Access to justice has multiple entrances. Whatever door we women knock on, we agree with locks, vetoes and conditions. We have not entered on equal terms. We are not the only ones, we are also accompanied by native peoples, Afro-descendant and migrant women, people with disabilities, low-income people, just to name a few. Unfortunately, the list of exclusion is long, but the hope is that in Chile there are concrete signs to place the pillars that allow us to advance in rights for all people without discrimination.
Despite these exclusions, discriminations and unfair treatment; we women have rebelled with ideas and proposals. We have put on glasses to look at reality, questioning the current frameworks and proposing other forms of knowledge; highlighting that innate capacity that humanity has to question and modify the bonds of coexistence, so that life is livable.
At the center of our demands is a way of coexistence that respects and guarantees our rights, that makes the mandate that women and men are born free with equality and rights a reality.
For this just desire, the new Constitution is a historic opportunity. We women mobilize, we organize ourselves, we dialogue to change our destinies and have a better life. We articulate ourselves in various spaces to assert our demands that the current Political Constitution does not recognize us.
In this year, in the constituent process we have claimed parity democracy, a life free of violence, real equality, sexual and reproductive rights, right to care, mainstreaming of the gender approach, sexual and reproductive rights and human rights, in general. And our historical demands have been recognized and included in the constitutional text.
Behind our demands are the struggles of our ancestors, from different generations; that have guided us in this coexistence project, in this new court line, in this hopeful constitutional framework that will help us transform a hierarchical gender order that excludes and oppresses us.
Our demands and their realization cannot be viewed separately, they are a whole, which is expressed in rights, distribution of power, institutional reorganization, freedoms and also in a way of exercising justice. With these new lenses, which allow recognize the place of subordination of women and that values new forms of linkage and social organization of the reproduction and production of life.
In our demands it is not that justice rules in favor of women, what we demand is that justice consider the cultural elements that have been generating inequality, injustice and an inferior position of women in relation to men: the necessary gender justice .
The administration of justice system is not immune to discourses, practices and resistance in terms of real equality between men and women, both in access to positions in the higher instances of the Judiciary and in its rulings.
Justice continues to be gendered, it decides based on the masculine standard and the aspiration is that male and female judges decide with a gender approach; that considers gender differences, respects and values them. Justice with a gender perspective It will allow those who must resolve a conflict to have tools to analyze a given situation, looking at the reality of the country and the sexual differences that have been established as constant discrimination.
Thus, no one can say that the “housewives” do not work, taking away the economic and social value of care tasks. In this way we can aspire to lower the insulting figure that a high percentage of alimony is not paid and that it is women who have to bear the cost of a State that does not guarantee rights.
Thus, no expert will be able to say that a divorced woman is a “good mother” if she decides not to have a partner again and not bring other men into the house, and that a man is a “good father” because he remarried and has a home where receive their daughters or sons
We demand gender justice, to build a door, that by knocking on it allows us to access real justice, that believes us and listens to us, which has been denied for so long. Nothing more, nothing less.