Contributions of the Feminism Legal Theory to Transitional Justice: Democratic Memory with a Gender Perspective

Feminism legal theory arises from the struggles for human rights, specifically the rights of women and affective-sexual diversity within the framework of a critical theory that modified the way in which the law is interpreted. The identities previously excluded now demand a greater presence and develop tools to demonstrate their vulnerability and invisibility before the law. Starting from feminist theoretical proposals, the main causes of this legal bias are analyzed, such as foreclosure or foundationalism. We will consider some key elements to avoid an essentialist analysis, such as intersectionality, the inclusion of LGTBIQA+ people, or manifestations of sexism. Thus, we will develop a feminist legal methodology, which we will contrast with the dimensions of transitional justice and the fight against impunity: justice, truth, reparation, and non-repetition. Finally, this theoretical development will be illustrated, in gender terms, with some emblematic cases such as sexual violence in international courts, the trials for crimes against humanity in Argentina, or the Argentine lawsuit for the crimes of the Francoism.