Exploring feminist legal theory: redefining justice for women

A world renowned concept first introduced in the sixth-century BC by the Greeks established the belief in freedom and equality between people, being one of its key factors, popular sovereignty. However, said principle, when first initiated, did not include women's right  to participate in society as recognized civilians, further leading to movements globally recognized, such as the women's suffrage movement, with the intent of reclaiming basic human rights and the insertion of women in public political discussions. Today, we will analyze the importance of feminist legal theory and how it's reshaped traditional legal frameworks worldwide.

The rapid globalization and spreading of feminist movements resulted in many countries, such as New Zealand, to concede the right to vote in national elections during the late 18th century. Other countries like Norway, Sweden, and Finland later followed in New Zealand's footsteps during the early 19th century. Additionally, in 1920, the 19th Amendment was introduced to American citizens, stating that: "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex". These and many other legal  actions contributed to a "Domino effect" on all countries worldwide regarding women's legal rights, influencing in documents like the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1979, as well as legal reforms concerning marriage, divorce and family, like unilateral divorce laws applicated in countries like Egypt, Jordan and Morocco. These laws allow women to get divorced without having to prove fault or have their husband's consent.

On the other hand, the insertion of women of color in the women's suffrage movement or any feminist movement at the time was still a challenge. For countries like Brazil, facing the consequences of centuries of enslavement and exploration by European nations, legal frameworks did not attend to females of all color, being that only literate women were able to vote. A reality that was not consistent with the time, being that black women and men were still marginalized and their rights to education and health were not in sight.

Additionally, in the United States, the National Woman Suffrage Association (NWSA) often prevented and excluded black women from their organization activities, forcing women of color to march and protest separately.

These and many other actions contributed to the socio-economic segregation of women of color, making the separation of two distinct parties a saddening reality.

To conclude, the fight for women's rights has been enshrined in society for many years, being responsible for the achievement of important legal rights and the reform of traditional legal frameworks. However, the discrimination and segregation of women of color prevent feminist movements from being truly inclusive, forcing women to separate race from gender, when in reality, the fight should be conquered together.

by Marina, 10.03.2025