Resumo

PRESAS, Inmaculada García. THE MINORS IN THE STATE PACT AGAINST GENDER VIOLENCE. Revista Internacional CONSINTER de Direito [online]. 2019, n.8, pp.97-108.  Epub 28-Jun-2019. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00008.06.

Unfortunately, gender violence still persists and, as a result, the European countries struggle, tirelessly, to eradicate it. In Spain, in 2017, the State Pact against gender violence is approved, which contains measures, some related to minors. Among them is the non-imposition of custody and shared custody or the suspension of visits of the abusive father, who, in addition, is prohibited from accessing judicial recordings of his children.

The different countries believe it is advisable to strengthen the Criminal Law of minors. In Spain they are not imputable until the age of 14 and, from this age, organic Law 5/2000, of January 12, regulating the criminal responsibility of minors, which imposes measures other than those provided for adults, is applied. and destined, fundamentally, to reeducation and re-socialization. Minors, as well as abusers, can be victims of gender violence, directly or as witnesses of the violence exerted by one of their parents towards the other.

In Spain, the State Pact considers direct victims of gender violence to mothers whose partners or ex-partners murder their children. The State Pact does not only refer to murdered children, it also refers to orphans, giving them priority access to orphanage and scholarships and, granting those who hold their guardianship and custody, tax benefits and priority in access to protective housing.

Palavras-chave : State pact against gender violence; Domestic violence; Intrafamily violence; Abusers, criminal responsibility; Victims; Protection measures; Minors murdered; Orphans;.

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