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A non-binding 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]]
A non-binding 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]]
<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>{{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>{{es}}[http://www.projusticia.es/ley%20integral%20de%20violencia%20de%20genero/ley%20integral%20contra%20la%20violencia%20de%20genero.htm
<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>{{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>{{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>. Several Spanish Judges have challenged the constitutionality of the law via the process of Questions to the Constitutional Tribunal, and several at the [[Constitutional Court of Spain|Constitutional Court]] via the constitutionality question procedure, being most admitted to discussion by the court.<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>
Statement against the law by Association "Projusticia"]</ref>. Several Spanish Judges have challenged the constitutionality of the law at the [[Constitutional Court of Spain|Constitutional Court]] via the constitutionality question procedure, being most admitted to discussion by the court.<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>


On the other hand the law gathered the support of [[feminism|feminist]] organizations and specialised jurists, that considered it is a necessary step in eradicating gender violence 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>.
On the other hand the law gathered the support of [[feminism|feminist]] organizations and specialised jurists, that considered it is a necessary step in eradicating gender violence 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>.

Revision as of 15:10, 4 December 2007

The Courts for violence against women (Template: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 Meassures against Violence against women. Extraordinarily this courts have also 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

The Courts for Violence Against Women have the power to inquire on the following crimes:

  • Homicide(Manslaughter or Murder), Abortion, Battery, Harm to the Foetus, Crimes Against Freedom, Crimes against Moral Integrity, Sexual Crimes or any other crime committed by the present of past spouse or significant other, independently of 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 the following cases:

  • Misdemeanor, when the victim is one of the before mentioned.

And to 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 this courts, the courts have the power to know in the business related to family law

Staff

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

The creation of this courts has generated quite a range of support and criticismin the Spanish society.

A non-binding report by the 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 Constitution [1]. Many associations, like the Conservative the Professional Association of Magistrates(APM) or divorced fathers groups [2][3]. Several Spanish Judges have challenged the constitutionality of the law at the Constitutional Court via the constitutionality question procedure, being most admitted to discussion by the court.[4]

On the other hand the law gathered the support of feminist organizations and specialised jurists, that considered it is a necessary step in eradicating gender violence in Spain.[5][6].

References

  1. ^ Report of the CGPJ
  2. ^ Template:Es[El Anunciado Fracaso de la Ley de Genero at Galcian Association of Divorced Parents.
  3. ^ Template: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"]
  4. ^ Template:EsEl Constitucional acepta la cuestión contra la ley de violencia machista, at El País 10/Feb/2006
  5. ^ Report by Red Feminista
  6. ^ Communication of the Palencia Platform for Women's Rights

See Also

Violence against women
Domestic violence
Spanish Judiciary

text of the law

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