Spanish Courts for Violence against Women: Difference between revisions
→Criticism and Support: Unnecesary, POV |
|||
| Line 23: | Line 23: | ||
==Criticism and Support== |
==Criticism and Support== |
||
The creation of this courts has generated quite a range of support and criticism |
The creation of this courts has generated quite a range of support and criticism the 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 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]] |
||
Revision as of 21:09, 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 criticism 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
- ^ 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:EsEl 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
See Also
Violence against women
Domestic violence
Spanish Judiciary
External Links
 | This law-related article is a stub. You can help Wikipedia by expanding it. |