Feminisme, dret i immigracióuna crítica feminista al dret d'estrangeria.

Resumo

The thesis considers two subjects: (1) the significance of a critical feminist analysis of law and the political system, and the possible liberating consequences derived from reflecting on matters such as citizenship, the recognition of rights and the end of systems of oppression and (2) the evaluation of the degree to which the law constructs the immigrant woman as a subordinate subject, presenting this exclusionary construction as the tip of the iceberg of our social contract, our juridical and political system, which permits the reinforced exclusion of immigrant women and its silencing. The study, thus, politicizes the situation of immigrant women and tries to explain the reasons for their exclusion, and, in addition, includes a revision of the limitations surrounding gender and citizenship. The work consists of three parts: the starting point is a review of the stages of feminist thought, not only does this aim to clarify debates and positions later considered, but it also acts as a revision of how and from which point immigrant women can be considered in the intended method. The second part presents the instruments of analysis developed by feminist theory with regard to politics and law. The third part applies these instruments to the analysis of the legislation relating to foreigners, showing that the different levels of access to rights by immigrant women is evidence of an incomplete (gendered) citizenship, unequal for women. The analysis proves that law is one of the structures responsible for creating gender difference resulting in a significant difference in the establishment of hierarchies with regards to the enjoyment of rights. This is this can be witnessed in three different situations in which women have a leading role: family reunification, domestic service and prostitution (sex work).