Prejuicios, estereotipos y sesgos sobre género y orientación sexual ante la Corte Interamericana de Derechos Humanos

Prejudices, stereotypes and bias on gender and sexual orientation before the Inter-American Court of Human Rights: towards a repertoire of discriminatory discursive practices This paper is framed within the interdisciplinary research project GenDJus and explores discriminatory discourse before the Inter-American Court of Human Rights (IACtHR). Through a critical discourse analysis assisted by the GenDJus subcorpus of judicial decisions issued in Spanish by this regional human rights court, the article proposes a systematisation of the repertoire of discriminatory discursive practices that convey prejudices, stereotypes and biases (PSB) towards victims of violations of sexual, reproductive and parental rights. The research aims to answer the following research questions: how do PSB manifest themselves at the discursive level? What are the discursive strategies employed to discriminate? How can this repertoire of discriminatory scenarios be classified? Through concordance analysis, discriminatory discursive scenarios are classified according to four levels: the person discriminated against on the basis of their gender or sexual orientation (woman, man, LGBTIQ+ person); the type of human rights in question (sexual, reproductive and parental); the type of PSB (sex, sexual, gender roles, compounded); the discriminatory scenario resulting from the use of a specific discursive strategy. The discursive practices illustrated in this study encompass a wide range of strategies classified into eight broad categories: labelling, stigmatising, insulting, ridiculing, downplaying, blaming, delegitimising and problematising. Placed along a con­ti­nuum ranging from the most explicit practices, evident on the surface of the text, to the most implicit practices, which ope­rate at a deeper level, these macro-categories provide an overview of the main PSB “named and contested” by the Inter-American Court of Human Rights and deconstructed through international human rights law.