The concept of gender violence within the spanish legal framework: critical evaluation and proposals of a holistic and comprehensive concept

Abstract

In this paper the concept of gender violence established in the Spanish Act 1/2004 on Measures of Integral Protection against Gender Violence is analysed, on the basis of the subsequent norms passed by the different autonomous regions, as well as the international conventions, such as the Convention of Istanbul. Over the years of its implementation, and due to the prominence given to its criminal provisions, a critical assessment of this normative framework is convenient to point out its insufficiencies. A fortiori, the international and regional standards of protection of victims of gender violence usually include broader definitions than the Spanish law, at the same time that these norms recognize the statute of victim to more other situations than those established by the Act 1/2004. From this analysis, a holistic and comprehensive concept of gender-based violence is proposed.

Keywords

• violencia de género
• estándares internacionales de protección de víctimas
• normas autonómicas
• derechos de las víctimas
• convenio de estambul