Abstract

This paper analyzes the right of access to justice for indigenous women in the framework of the Chilean constitutional process (2021-2023). The objective is to present the right of access to justice as a manifestation of the right to cultural identity and the recognition of indigenous justice as interrelated rights based on human rights standards. The work is of a documentary nature, it realizes a dogmatic and critical hermeneutic analysis of the constitutional constituent projects, ascribing to an indigenous and decolonial legal methodology of gender. For this, in relation to the right of access to justice and indigenous justice, in the perspective of indigenous women: it exposes the intercultural and feminist decolonial theoretical framework; the respective normative, international and national human rights framework; develops the socio-historical context of the recognition of indigenous peoples in Chile until the current constitutional process (2019-2023); and studies the recognition of indigenous justice in the constitutional proposals debated in this process.