Autonomy, Women and Rights: new trends in the Inter-American Human Rights Court Jurisprudence

Abstract

This article initially reviews important progress towards women’s rights and gender equality in the Inter-American System of Human Rights case law and then discusses new trends regarding the concept of autonomy. As illustration, it explores two recent judgments: “I.V. Vs. Bolivia” about sexual and reproductive rights, and “Teresa Yarce and other Vs. Colombia” about women human rights defenders. The scope and components of autonomy as a principle and evolving right are discussed, firstly, from an individual perspective regarding free and informed decision-making about sexual and reproductive health, free from any form of violence, discrimination and stereotyping. Secondly, the author analyzes the features of the right of women to freely decide to participate and engage in social processes as leaders, as well as to work collectively to overcome social and gender inequality. In this sense, she hightlights the obligation of States to create the social conditions and appropiate contexts for them to perform theirs tasks as human rights defenders. Finally, the author concludes that both decisions reflect a transition within the Inter-American Court of Human Rights jurisprudence towards an empowering approach considering women not only as victims of violence and discrimination, but also as decisionmaking agents able to bring individual and social transformations.