Equality and Gender Violence

17 Pages Posted: 26 Mar 2009 Last revised: 30 Mar 2009

See all articles by Elena Larrauri

Elena Larrauri

Universitat Pompeu Fabra - Department of Law

Date Written: February 16, 2009

Abstract

The enactment of the 'Integral Law Against Gender Violence' has enhanced penalties for several behaviors like threats or coercion when these are done against the female partner. It has also established a different prison sentence in the crime of occasional minor violence when the author is the man or when it is the woman. This produced a heated discussion in order to see if the equality principle was infringed. This paper deals with the discussion that arouse from this law and with the sentence of to the Constitutional Court in order to find out when different punishments are justified in criminal law. I present the reasons based on the different seriousness of the offense and try to suggest an accurate interpretation of the offense of occasional violence.

Keywords: Gender Violence, Equality Principle, Prevention of Intimate Violence Against Women

Suggested Citation

Larrauri, Elena, Equality and Gender Violence (February 16, 2009). InDret, Vol. 1, 2009, Available at SSRN: https://ssrn.com/abstract=1368685

Elena Larrauri (Contact Author)

Universitat Pompeu Fabra - Department of Law ( email )

Ramon Trias Fargas 25-27
Barcelona, 08005
Spain

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