Feminist Legal Methods for Approaching the Demographic Challenge

Abstract

This work is based on the recent political, institutional and regulatory attention to what is known as the demographic challenge. The framework instruments of this issue advocate for the incorporation of the gender perspective in the policies and programs that are developed. However, it is necessary to carry out a correct analysis of the texts and of the reality in order to assess whether this perspective is being adequately incorporated. To do this, two methodological proposals developed from legal feminisms are collected -those made by Alda Facio and Katharine Bartlett-, with the aim that this methodology allows the necessary analysis to be carried out. On the other hand, it is made a reference to the development of what is known as rural proofing, aimed at incorporating the territorial perspective in all public policies in a transversal manner.

Next, and as an example, a recent normative instrument on demographic challenge will be analysed to verify the incorporation of the gender perspective, as well as the analysis of the legislation on gender equality and/or gender-based violence of the autonomous communities to observe whether the reality of women residing in rural areas has been considered.

These legal methods require a multidisciplinary approach to the realities that are intended to be regulated both to understand the problems and analyse the effectiveness and resistances in their implementation. As an example, is collected the methodology used in a specific investigation on the rights of women in rural and sparsely populated areas of Extremadura. The conclusions acknowledge the effort made in the analysed legislation but reveal considerable limitations and problems. In addition, claim that the incorporation of these perspectives in the regulations must be carried out through innovative methodologies and based on adequate theoretical knowledge and empirical data.