Blocking the Law from Within: Familyism Ideologies as Obstacles to Legal Protections for Women in El Salvador, Guatemala, Honduras, and Nicaragua

Abstract

The scholarship seeking to explain the ineffectiveness of violence against women (VAW) laws has focused on the lack of resources or will to implement these laws. Less attention has been given to how these laws are crafted and positioned in the legal hierarchy, which may undermine them from the start. This article focuses on four cases from Central America, a region where fifty-five laws to protect women from violence were passed between 1960 and 2018, yet VAW continues. It finds that the legal positioning and language of these laws prioritize family unity while undermining women’s rights to protection; thus, these laws fail by design. The article identifies four legal placements that delay (El Salvador), undermine (Honduras), diminish (Nicaragua), or render abstract (Guatemala) the effectiveness of VAW laws in the context of penal and judicial codes. This work has direct policy implications and broader relevance beyond the cases examined here.

Keywords

• Central America
• symbolic violence
• violence against women laws
• judicial systems
• familyism
• gender violence
• Centroamérica
• violencia simbólica
• leyes de violencia contra la mujer
• sistemas judiciales
• ideología de familia
• ideologias de género