La (olvidada) perspectiva de género en el Derecho internacional privado

Abstract

The necessity of a gender perspective in Private international law is observed with emphasis in several aspects of family law and the treatment done in this regard to the women’s rigths. In particular, this article focuses on several paradigmatic aspects such as the disparities existing in the Muslim law which contradict the lex fori and which is the practical function of International public policy in the aplication of that foreing law. Also paradigmatic and absent of gender perspective, until now, is relating to the cases of children abduction comitted as a consequence of a gender violence situation. Very worrying is also the increasment of gender violence against foreing women in Spain notwithstanding the regulation protecting them existing in Spain. Lastly, an analysis of the maternity by subrogacy is done and the forgotten protection of the women rights, in particular that of the expectant mother and the mother without a genetic link.