Differentiating between gender violence and domestic violence is important, because the way to proceed before them is different. With this article, we intend to explain the differences between the two to avoid confusion.
The beliefs that the male gender is superior to the other are rooted in today's society and their manifestations are very different. To avoid this, the law aims to protect women as much as possible.
Domestic violence is what happens at home and can be provoked and endured by any member of the family. On the other hand, gender-based violence is that which is caused against women “because they are women”, both inside and outside the home, at work or in any other environment of public life.
The 3 main distinctions between gender-based violence and domestic violence:
I. In the first place, in the case of gender-based violence, its background will always be the inequality between the male and female gender, that is, the necessary requirement to qualify it as such is that said violence is exercised against a woman for the simple fact of being born a woman. This type of violence can occur in the family environment, but it can also take place in other areas such as the work environment, sexuality, education and the culture of an entire society.
II. Secondly, gender violence enjoys a specific regulation created to fight against this social problem. This is the Organic Law on Comprehensive Protection Measures against Gender Violence. In the Criminal Code, the criminal types provided are: habitual mistreatment art. 173.2 Penal Code and non-habitual art.153 CP, coercion art.172 CP, threats art. 171.4,5 and 6 CP, injuries art. 148.4 and 5 CP, harassment art.172 ter CP, slight insults and harassment art. 173.4 CP, breach of sentence art.468 CP.
III. Last but not least, with respect to the victim, crimes of gender violence are always directed at women or people from the LGTB community. While to be a victim of domestic violence you must have a family relationship with the aggressor or live in the same address.
In summary, many of the cases of gender violence stem from the beliefs and values of the society from which we come, a mostly patriarchal society.
If you are immersed in a case of gender violence, you will need the assistance of a lawyer specializing in the matter to help you protect your interests. At Audacia Lawyers you will have the attention you deserve, call us.