Gender-based Violence and Jurisdiction Overlaps between the Central State and the Autonomous Communities

Abstract

The main objective of this work is to analyse the constitutional doctrine developed in relation to the jurisdictional conflicts in matters of equality, especially in relation to the legislation emanating from the autonomous communities with the purpose of preventing, raising awareness and eradicating gender-based violence, as well as to establish comprehensive reparation mechanisms for victims. This doctrine, contained in Constitutional Court Judgments 159/2016 and 44/2024, analyses how the jurisdiction on gender policies, contained in some new-generation Statutes of Autonomy, should be interpreted, a jurisdiction established in the last of the cited judgments. of own or genuine content. As a consequence, the autonomous communities established their own gender policies not only under the protection of said jurisdiction but also other sectoral ones (housing, education, health, etc.) given the transversal nature of the subject. Firstly, the article briefly analyses the legislative framework, at both the State and regional levels, regarding gender-based violence, with special attention to possible jurisdiction overlaps. Secondly, it carries out a study of Constitutional Court Judgments 159/2016 and 44/2024 and the scope that these rulings confer on the autonomous communities in the regulation of said matter.

Keywords

• gender-based violence
• conflict of powers
• state legislation on gender-based violence
• regional legislation on gender-based violence
• jurisdiction overlaps between the state and the autonomous communities