Who is protecting the advocates? gender, ethnicity and the right to access to justice during the environmental conflict in Chile

Abstract

The legal and judicial framework in Chile were examined in this research with the objective to explain whether this guarantees an effective protection of the rights of an atrisk group: those women who protect the environment. Both the available routes and the behavior of the State were contrasted in relation to the protection of the women who advocate and defend the environment. This was carried out based on the standards established by the International Law, including the Escazú Agreement, which was not ratified by Chile. A theoretical contextualization of the problem was made and the feasibility for success in each of the identified judicial routes was projected. Among its conclusions, a lack of judicial actions to appropriately guard the rights of women in defense of the environment was found. It was recommended to have an alternative action model that allows to guarantee an effective access to justice.