The impact of gender on urban law from the point of view of jurisprudential doctrine

Abstract

This article analyzes the evolution of urban planning and design in our cities from a gender perspective, as a result of the formal and material requirements incorporated by urban planning regulations.
The central element of this study is municipal urban development plans, designed to effectively implement the right to gender equality. The importance of complying with the requirements when drafting these plans is such that they can lead to their being declared null and void by the courts. One of the most common reasons is the lack of essential reports, including the gender impact report. However, as we shall see, there has been no consensus regarding whether this formal defect automatically leads to the absolute nullity of the planning instrument.
The level of requirements for gender impact assessments in planning instruments is not uniform throughout Spain, since urban planning jurisdiction is vested in the autonomous communities. Faced with a panorama characterized by regulatory divergence and unequal jurisprudential pronouncements at the national level, the Supreme Court has unified its doctrine, adopting a position that appears to deviate from the legislator’s desire to advance equality between men and women in the urban planning field.