Spanish Courts for Violence against Women: Difference between revisions
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The Courts for |
The '''Courts for Violence Against Women''' ({{langx|es|Juzgados de Violencia Sobre la Mujer}}) are Specialised criminal courtrooms associated to the Inquiry Courts, established by the Organic Law 1/2004 of Comprehensive Protection Measures against [[Violence against women]]. Extraordinarily these courts also have powers in the civil jurisdiction acting as Courts of First Instance and Inquiry. They are associated to the Judicial District, even though one court can be created to cover the area of two or more districts. |
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==Powers== |
==Powers== |
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The Courts for Violence Against Women have the power to inquire on the following crimes: |
The Courts for Violence Against Women have the power to inquire on the following crimes: |
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*[[Homicide]]([[ |
*[[Homicide]] ([[manslaughter]] or [[murder]]), [[abortion]], [[battery (crime)|battery]], harm to the fetus, crimes against freedom, crimes against moral integrity, [[sexual crimes]] or any other crime committed by the present or past spouse or significant other, independently or living together, as well as against minor and unable that are under the legal custody or care of the offender. |
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*On crimes against family obligations when the victim is one of the mentioned before |
*On crimes against family obligations when the victim is one of the mentioned before |
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To rule on the |
To rule on misdemeanor cases when the victim is one of the before mentioned. |
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*Misdemeanor, when the victim is one of the before mentioned. |
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And to establish any legal measures necessary to protect the victims. |
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==Staff== |
==Staff== |
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Staff associated with this Court are given special training in relation to gender violence due to the trauma suffered by victims, and the existence of emotional links with the offender. Additionally, the Courts are usually assisted by psychologists and social assistants. |
Staff associated with this Court are given special training in relation to gender violence due to the trauma suffered by victims, and the existence of emotional links with the offender. Additionally, the Courts are usually assisted by psychologists and social assistants. |
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==Criticism and |
==Criticism and support== |
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| ⚫ | A non-binding legal report by the [[General Council of the Judicial Power of Spain|General Council of the Judiciary]] (CGPJ), considered that the law on which the court is based violated the principle of equality as established in the [[Spanish Constitution of 1978|Constitution]].<ref>[http://www.information-point.com/CGPJ%20Informed%20re%201-2004%203462_012_2_1.pdf Report of the CGPJ]</ref> Many associations, like the Conservative the [[Professional Association of Magistrates]] (APM) or divorced fathers groups<ref>{{in lang|es}}[http://ayudaafamiliasseparadas.fiestras.com/servlet/ContentServer?pagename=R&c=Articulo&cid=1139357823332&pubid=988617426871 El Anunciado Fracaso de la Ley de Genero] at Galcian Association of Divorced Parents.</ref><ref>{{in lang|es}}[http://www.projusticia.es/ley%20integral%20de%20violencia%20de%20genero/ley%20integral%20contra%20la%20violencia%20de%20genero.htm Statement against the law by Association "Projusticia"]</ref> are opposed to the courts. As to March 2008, over 200 Spanish Judges have challenged the constitutionality of the law at the [[Constitutional Court of Spain|Constitutional Court]] via the constitutionality question procedure.<ref>[http://www.boe.es/g/es/bases_datos/doc.php?coleccion=iberlex&id=2004/21760&codmap= (List at end of page)]</ref><ref>{{in lang|es}}[http://www.e-leusis.net/noticiahistorico.asp?id_noticia=2411 El Constitucional acepta la cuestión contra la ley de violencia machista], at El País 10/Feb/2006</ref> |
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| ⚫ | The law was founded and has extensive support of [[feminism|feminist]] organizations and specialised jurists, that believe it to be a necessary step in their goal of "eradicating" gender violence against women in Spain, however official figures from the [[Instituto Nacional de Estadística (Spain)|National Institute of Statistics]]<ref>{{cite web |url=http://www.ine.es/ |title=Home |website=ine.es}}</ref> show that deaths have steadily increased since the start of the campaign.<ref>[http://www.redfeminista.org/laley.asp Report by Red Feminista]</ref><ref>[http://www.comunica-accion.org/article.php?id_article=65 Communication of the Palencia Platform for Women's Rights]</ref> |
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A non-binding legal report by the [[General Council of the Judicial Power of Spain|General Council of the Judicary]] (CGPJ), considered that the law on which the court is based violated the principle of equality as established in the [[Spanish Constitution of 1978|Constitution]] |
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| ⚫ | <ref>[http://www.information-point.com/CGPJ%20Informed%20re%201-2004%203462_012_2_1.pdf Report of the CGPJ]</ref> |
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Statement against the law by Association "Projusticia"]</ref>. As to November 2007, some 150 Spanish Judges have challenged the constitutionality of the law at the [[Constitutional Court of Spain|Constitutional Court]] via the constitutionality question procedure <ref>[http://www.boe.es/g/es/bases_datos/doc.php?coleccion=iberlex&id=2004/21760&codmap= (List at end of page)]</ref>.<ref>{{es}}[http://www.e-leusis.net/noticiahistorico.asp?id_noticia=2411 El Constitucional acepta la cuestión contra la ley de violencia machista], at El País 10/Feb/2006</ref> |
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In May 2008 the Constitutional Court ruled the constitutionality of the Organic Law for the Prevention of Violence Against Women, discarding any legal criticism of the law.<ref>{{in lang|es}}[http://actualidad.terra.es/nacional/articulo/tc_ley_violencia_genero_2473497.htm Las claves de la decisión del TC sobre la Ley contra la Violencia de Género] in terra.es</ref> |
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| ⚫ | The law was founded and has extensive support of [[feminism|feminist]] organizations and specialised jurists, that believe it to be a necessary step in their goal of eradicating gender violence against women in Spain.<ref>[http://www.redfeminista.org/laley.asp Report by Red Feminista]</ref><ref>[http://www.comunica-accion.org/article.php?id_article=65 Communication of the Palencia Platform for Women's Rights]</ref> |
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In 2019, a conservative [[Catholic Church|Catholic]] Spanish group launched a [[Campaign bus|bus campaign]] against '[[Feminazi]]s' with an image of lipstick-wearing [[Adolf Hitler|Hitler]], as a protest against [[sexist]] laws on [[domestic violence]], demanding that laws are made gender-neutral. |
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==References== |
==References== |
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{{reflist}} |
{{reflist}} |
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==External links== |
==External links== |
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* [http://www.redfeminista.org/nueva/uploads/Organic%20ACT%201-2004.pdf Text of law 1/2004 in English] |
* [http://www.redfeminista.org/nueva/uploads/Organic%20ACT%201-2004.pdf Text of law 1/2004 in English] {{Webarchive|url=https://web.archive.org/web/20070316170304/http://www.redfeminista.org/nueva/uploads/Organic%20ACT%201-2004.pdf |date=2007-03-16 }} |
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{{Judiciary of Spain}} |
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{{Authority control}} |
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{{DEFAULTSORT:Spanish Courts For Violence Against Women}} |
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[[Category:Spanish law]] |
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[[Category: |
[[Category:Judiciary of Spain]] |
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[[Category:Violence against women in Spain]] |
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Latest revision as of 19:01, 27 October 2024
The Courts for Violence Against Women (Spanish: Juzgados de Violencia Sobre la Mujer) are Specialised criminal courtrooms associated to the Inquiry Courts, established by the Organic Law 1/2004 of Comprehensive Protection Measures against Violence against women. Extraordinarily these courts also have powers in the civil jurisdiction acting as Courts of First Instance and Inquiry. They are associated to the Judicial District, even though one court can be created to cover the area of two or more districts.
Powers
[edit]The Courts for Violence Against Women have the power to inquire on the following crimes:
- Homicide (manslaughter or murder), abortion, battery, harm to the fetus, crimes against freedom, crimes against moral integrity, sexual crimes or any other crime committed by the present or past spouse or significant other, independently or living together, as well as against minor and unable that are under the legal custody or care of the offender.
- On crimes against family obligations when the victim is one of the mentioned before
To rule on misdemeanor cases when the victim is one of the before mentioned.
They establish any legal measures necessary to protect the victims. In the Civil jurisdiction, and as long the process is due to the initiation of a criminal process in these courts, the courts have the power to know in the business related to family law.
Staff
[edit]Staff associated with this Court are given special training in relation to gender violence due to the trauma suffered by victims, and the existence of emotional links with the offender. Additionally, the Courts are usually assisted by psychologists and social assistants.
Criticism and support
[edit]The creation of this court, founded and strongly supported by Women's institutions, has generated quite a range of criticism within Spanish society.
A non-binding legal report by the General Council of the Judiciary (CGPJ), considered that the law on which the court is based violated the principle of equality as established in the Constitution.[1] Many associations, like the Conservative the Professional Association of Magistrates (APM) or divorced fathers groups[2][3] are opposed to the courts. As to March 2008, over 200 Spanish Judges have challenged the constitutionality of the law at the Constitutional Court via the constitutionality question procedure.[4][5]
The law was founded and has extensive support of feminist organizations and specialised jurists, that believe it to be a necessary step in their goal of "eradicating" gender violence against women in Spain, however official figures from the National Institute of Statistics[6] show that deaths have steadily increased since the start of the campaign.[7][8]
In May 2008 the Constitutional Court ruled the constitutionality of the Organic Law for the Prevention of Violence Against Women, discarding any legal criticism of the law.[9]
In 2019, a conservative Catholic Spanish group launched a bus campaign against 'Feminazis' with an image of lipstick-wearing Hitler, as a protest against sexist laws on domestic violence, demanding that laws are made gender-neutral.
See also
[edit]References
[edit]- ^ Report of the CGPJ
- ^ (in Spanish)El Anunciado Fracaso de la Ley de Genero at Galcian Association of Divorced Parents.
- ^ (in Spanish)Statement against the law by Association "Projusticia"
- ^ (List at end of page)
- ^ (in Spanish)El Constitucional acepta la cuestión contra la ley de violencia machista, at El País 10/Feb/2006
- ^ "Home". ine.es.
- ^ Report by Red Feminista
- ^ Communication of the Palencia Platform for Women's Rights
- ^ (in Spanish)Las claves de la decisión del TC sobre la Ley contra la Violencia de Género in terra.es
External links
[edit]- Text of law 1/2004 in English Archived 2007-03-16 at the Wayback Machine