It is an uncontroverted fact that violence towards family members has increased steadily over the last years. In addition, it cannot be denied that one way in which such a violence may be manifested is in the relations between men and women engaged in relationships of affection. When violence takes place under such conditions, we are before what is called “gender- based violence”.
In line with what precedes and to eradicate gender- based violence, in 2004 came into force the Ley Orgánica (L.O) 1/2004, 28th of December, which establishes certain measures to fight and prevent it.
What is considered gender- based violence?
While it is true it is hard to find a straightforward answer, we must turn to the above mentioned L.O to find, as far as possible, a legal definition of it:
Article 1. Object of the Law.
- The purpose of this Act is to act against violence which, as a manifestation of discrimination, the situation of inequality and the power relations of men over women, is exercised against women by those who are or have been their spouses or by those who are or have been linked to them by similar relationships of affection, even if they do not live together.
- This law establishes comprehensive protection measures whose purpose is to prevent, punish and eradicate this violence and to provide assistance to women, their minor children and minors subject to their guardianship or custody, victims of this violence.
- The gender-based violence referred to in this Law includes all acts of physical and psychological violence, including attacks on sexual freedom, threats, coercion or arbitrary deprivation of liberty.
What are some of the existing protection measures contained in the L.O, to help prevent gender- based violence?
There are many prevention and gender- based violence measures enclosed in the L.O 1/2004.
Next, we will refer briefly to some articles contained therein, which hopefully will give the reader a rough idea of the reason being behind the so-called Ley Orgánica.
Title I of the L.O 1/2004 entitled “awareness- raising, prevention and detection measures‘ which deals with the creation of a National Plan for awareness- raising and gender- based violence prevention.
In order to achieve such a goal, Article 3 states:
- The public authorities, within the framework of their powers, shall also promote specific information and awareness-raising campaigns with the aim of preventing gender-based violence.
Highly important are also the measures implemented by the public authorities in the “educational field” (Articles 4- 10), aimed at fighting “gender- based violence”.
In this sense, we would like to put the light on Article 6 L.O 1/2004, according to which:
In order to guarantee effective equality between men and women, educational administrations shall ensure that all educational materials eliminate sexist or discriminatory stereotypes and promote the equal value of men and women.
And in the same line, Article 7, which states:
Article 7. Initial and ongoing teacher training.
The educational administrations shall adopt the necessary measures so that initial and ongoing teacher training plans include specific training on equality, in order to ensure that they acquire the necessary knowledge and skills to enable them to:
(a) Education in respect for fundamental rights and freedoms and equality between men and women and in the exercise of tolerance and freedom within the democratic principles of coexistence.
If the public authorities adopt and implement the above measures (and the remaining ones contained in the L.O 1/2004), there is no doubt that equality between men and women will be closer and at the same time, we will help create a community free of gender- based violence.
What is a restriction order? And, how can I request one?
Now, from the criminal point of view, you must know that If you are suffering gender- based violence, you can request a restriction order from your spouse or from the male person you are or have been linked to by similar relationship of affection, even if you did not live together. Such a restriction order can be requested at the Police Office or at the Juzgado de Violencia sobre la Mujer located in the victim’s place of residence.
But a restriction order is not granted just because it is requested, rather, some legal requirements must be met, more concretely, the following:
1.- (…) cases in which, there being well-founded indications of the commission of a crime or misdemeanour against the life, physical or moral integrity, sexual freedom, liberty or safety of any of the persons mentioned in Article 173.2 of the Criminal Code,
2.- there is an objective situation of risk for the victim that requires the adoption of any of the protection measures regulated in this Article.
Such requirements are contained in article 544 Ter Ley de Enjuiciamiento Criminal.
Gender- based violence, is a serious matter with civil and criminal consequences. If you think you are subject to gender- based violence, you must contact a specialized lawyer, who will direct you all along the process and will help you file a criminal complaint before the Police and request the corresponding restriction order.