Gender invisibility and the best interests of the child in the administration of justice: analysis of the request for house arrest by Ana María Fernández

Abstract

This study looks at the application of house arrest in case law after the reform of Law No. 24,660 on the enforcement of deprivation of freedom in Argentina. This change increases the number of cases in which confinement is moderated, such as when pregnant women and/or mothers of children under the age of five are involved. This study analyses Ana María Fernández’s request for house arrest by interpreting the arguments made by judicial officers using three main tools: gender perspective, the best interests of the child and the hermeneutics of human rights.