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The Judicialization of Sexual and Reproductive Rights in Latin America

Citizenship
Comparative Politics
Gender
Human Rights
Institutions
Latin America
Public Policy
Jurisprudence
Jordi Diez
University of Guelph
Jordi Diez
University of Guelph

Abstract

Over the last two decades, high courts in several Latin American, which have assumed increased autonomy vis-à-vis executive branches of government, have become important actors in the making of public policy. This process, generally known as “judicialization” among political scientists, has also involved sexual and reproductive rights: some of the region’s most powerful courts have been at the forefront in the expansion and retrenchment of these rights. Yet, political scientists have paid scant attention to this phenomenon. In particular, we do not know whether the incursion of courts in the policy process promotes gender and sexual equality. This paper presents the preliminary results of a multi-year research program that looks at the judicialization of sexual and reproductive rights in four Latin American countries: Argentina, Colombia, Costa Rica and Mexico. It reviews the numerous court rulings that have been handed down by the various high courts in the four countries and identifies some general patterns.