Spanish Courts for Violence against Women: Difference between revisions

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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 court, founded and strongly supported by Womens institutions, has generated quite a range of criticism within Spanish society.

A non-binding legal 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]. As to November 2007, some 150 Spanish Judges have challenged the constitutionality of the law at the Constitutional Court via the constitutionality question procedure (List at end of page), all related to findings of inconstitutionality by judges at the time of ruling.^[4]

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.^[5]^[6]. The new law defines gender violence as occuring exclusively against women Law 1/2004.

References

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

External links

text of the law

[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:Es El 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

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[2]

[3]

[4]

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[6]

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 ==Criticism and Support==
-The creation of this courts has generated quite a range of support and criticism the Spanish society.<br />
+The creation of this court, founded and strongly supported by Womens institutions, has generated quite a range of criticism within Spanish society.<br />
-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 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]]
 <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 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>. 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 [http://www.boe.es/g/es/bases_datos/doc.php?coleccion=iberlex&id=2004/21760&codmap= (List at end of page)], all related to findings of inconstitutionality by judges at the time of ruling.<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>.
+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>.  The new law defines gender violence as occuring exclusively against women [http://www.boe.es/g/es/bases_datos/doc.php?coleccion=iberlex&id=2004/21760&codmap= Law 1/2004].
 ==References==