Teoría de género en la política criminal del Estado de Guatemala

Abstract

OBJECTIVE: to develop the importance of a criminal policy with a gender perspective. METHOD: the method used for the research is the analytical method, which allows analyzing the collected material, the synthetic method, to be able to summarize the scope of the research, and in the same way, bibliographic and legal research methods, legal research includes national and mainly international instruments, such as treaties, principles and jurisprudence, reports of the Inter-American Commission on Human Rights regarding emblematic cases that include gender theory and sexual diversity as protected aspects as a result of the American Convention on Human Rights, known as the Pact of San José, and the judgments of the aforementioned cases issued by the Inter-American Court of Human Rights. RESULTS: the main results of the investigation, consisting of international jurisprudence, show the clear need to create a criminal policy with a gender perspective, which allows Guatemala to become a country that meets the objectives that the constitution itself indicates. CONCLUSION: a criminal policy with a gender perspective, which recognizes the situation of vulnerability of certain groups, will allow equal access to justice.