Transformative Constitutionalism and Violence against Women in Latin America

This paper aims to analyze the case law of the Inter-American Court of Human Rights (IACtHR) in the realm of violence against women (VAW) in light of the theory of transformative constitutionalism, in order to assess the potential and limits of this approach in the multilevel protection of human rights. The paper is structured as follows: the first section discusses the unique features of the legal context for VAW in the Inter-American system; the second section provides a broad overview of the theory of transformative constitutionalism; the third section focuses on the Cotton Field case and the issue of transformative reparations; in conclusion, I highlight the pros and cons of this particular approach – very different from the ECHR approach to human rights protection in EU Member States – which aims to promote profound cultural and social change, sometimes even beyond the strict mandate of an international institution.