FEMINISM – THE ARGUMENT FOR A JURIDICAL CONCEPTUALIZATION OF WOMEN’S RIGHTS
FEMINISM – THE ARGUMENT FOR A JURIDICAL CONCEPTUALIZATION OF WOMEN’S RIGHTS

Summary/Abstract: Feminism brings a peculiar juridical model in scientific reports. The depiction of women's rights is made in a different legal note: on one hand, women’s rights are claimed in a comparative manner (if we take into account that equality for women is solicited by reference to men’s rights which are legaly and socialy guaranteeed), on the other hand, women’s rights are claimed in a introspectiv manner (by re-evaluating the feminine nature). From here arises the central idea of our study: feminism generates, within the protective action of women’s rights, two alternatives (both equaly pertinent): (1) aiming to give expression to gender equity, the solution resides in including women as subjects of rights in the general legal framework that ensures human rights; (2) in order to obtain a superior system of protection of women’s rights, the concern of the legislator must be directed towards the recognition of an ensemble of specific rights-derived from the feminine nature. Subsequently to the central idea, we are of opinion that feminism operates with the concept of gender (and gender differences) in two senses: (1) in a militant sense (thus satisfing the requirements of formal equality) and (2) in a analytical sense (validating female nature by virtue of legal norms).

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