Legítima defensa en clave interseccional: género, discapacidad y justicia penal en el caso “D., N. L.’ (CSJN, Argentina)”

Abstract

This paper analyzes the ruling “D., N. L. s/ Recurso extraordinario de inaplicabilidad de ley”, issued by the Supreme Court of Justice of Argentina in 2023, examining its significance through an intersectional lens that integrates gender, disability, and criminal justice. By studying the case, it explores how the lower courts’ failure to apply an appropriate approach resulted in the violation of fundamental rights of the accused—a young woman with intellectual disability and a victim of sexual violence. The article reviews relevant international standards—particularly the Convention on the Rights of Persons with Disabilities, the Belém do Pará Convention, and the jurisprudence of the Inter-American Court of Human Rights—and challenges the classical interpretation of self-defense in the context of structural gender-based violence.

The article advocates for a reinterpretation of the criteria of imminence and proportionality in defensive reactions, particularly when involving women subjected to prolonged situations of violence, and emphasizes the need to mainstream gender and disability perspectives throughout the criminal justice process.