Tensiones jur´ídicas en torno a la libertad: aportes sobre sus límites desde el activismo judicial feminista

Abstract

This article will analyze how feminist strategic litigation builds and resolves the alleged tensions between the rights of women and sexual diversities and the right to freedom in its different forms. To this end, a comparative analysis will be made of three different legal actions –an ad- ministrative complaint, an injunction and a claim before the former National Institute against Discrimination, Xenophobia and Racism (INADI)– brought by feminist non-governmental orga- nizations against educational establishments of different levels, due to alleged discrimination in the curricular contents there taught. The objective of this text is to identify the common arguments in these complaints, unraveling the legal and socio-political debates built by legal feminisms to disarm the alleged tension between freedom and rights of women and sexual di- versities. The political and social conquests of feminisms in Argentina have generated contrary reactions in its society, giving rise to tensions of rights that at first, seem antagonistic. One of the central disputes is the relationship between the rights of the LGBTQ+ collective and women, with individual freedom in its various manifestations since the former demand for their promo- tion, guarantee and defense, different types of limits set by the State to reverse stigmatizing sociocultural patterns and situations of discrimination and violence. The aim of this article is to analyze the interpretations that the civil society organizations in question -Fundeps, Mujeres x Mujeres and Devenir Diverse- make of these tensions in strategic litigation processes.

The purpose of this article is to analyze how this tension is legally constructed from different processes of feminist strategic litigation, examining the various arguments that are used to sustain and tilt it in favor of women's rights and sexual diversity. To this end, three judicial/administrative complaints filed by feminist civil society organizations against educational institutions of different levels due to the allegedly discriminatory curricular contents taught in them will be comparatively analyzed. The elements and arguments in common between these complaints will be investigated to unravel the political, institutional, and technical-legal debates that make up their positions and constructions on the various limits to the right to freedom.