Abstract

BARRIOS, Mª Inmaculada Sánchez. THE PROTECTION OF WOMEN IN THE SPANISH CRIMINAL JURISDICTIONAL ORDER. Revista Internacional CONSINTER de Direito [online]. 2020, n.10, pp.363-384.  Epub June 30, 2020. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00010.18.

Violence against women represents a widespread problem that affects all countries. The aggressions that women have suffered and suffer have different characteristics from other types of violence, since they are part of the position of inferiority and inequality to which women have been traditionally relegated.

When this problem constitutes a generalized phenomenon, the international Community, mainly since the second half of the 20th century, has launched various initiatives to eradicate this violence; and in Spain, in particular, various standards have been approved for this.

We will analyze next some important norms that have supposed a procedural protection of the woman in the criminal jurisdictional order in Spain in cases of violence against her. We will focus more deeply on Organic Law 1/2004, of December 28, on Integral Protection Measures against Gender Violence, with its subsequent modifications, and we will highlight the different problems posed by some of its precepts. But beforehand we will point out some aspects - even briefly - of Law 27/2003, of July 31, regulating the Order of Protection of victims of domestic violence and Directive 2011/99 / EU of the European Parliament and of the Council , of December 13, 2011, on the European protection order, and whose regulation is completed in our country by Law 23/2014, of November 20, on mutual recognition of criminal decisions in the European Union, making a brief description of these latest standards.

Keywords : Women; gender violence; protection order; European protection order; free legal assistance; violence courts on women.

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