THE LIMITS TO THE RIGHT TO FREEDOM AND ITS TENSIONS WITH OTHER RIGHTS: ANALYSIS OF ITS APPROACHES AND CONSTRUCTIONS FROM FEMINIST JUDICIAL ACTIVISM

Abstract

The rights acquired by women and sexual diversity have aroused great controversy and counter-reactions within society from different sectors and actors, giving rise to disputes and tensions of rights that are initially presented as opposites. One of these tensions that appears most strongly between feminisms and their detractors is the one between the right to freedom in its various variants -religious, of expression, of teaching- and the rights of women and sexual diversity.

The aim of this article is to analyze how feminist judicial activism legally constructs this tension, analyzing the different arguments used to support it and to tilt it in favor of the rights of women 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 in order 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.