Juzgar con perspectiva de género y su aplicación por el Tribunal Supremo

The goals of this essay are to define the concept and scope of the gender-based approach from a dogmatic perspective, to specify the meaning and its significance in the field of the judiciary and to examine its application in the Spanish Supreme Court jurisprudence. With this purpose, a first reference will be made on the historical evolution of the notions of equality and discrimination, illustrating how gender mainstreaming is a response to subordination and group discrimination. After this, the problematics related to the introduction of prejudices and stereotypes by the Court will be exposed. Lastly, the way in which the Supreme Court applies the gender-based approach will be analyzed, highlighting the prohibitive and promotional side as used by the Criminal, Social and Administrative Court.