Domestic violence
domestic violence or intrafamily violence is a concept used to refer to “violence exercised in the field of assimilated coexistence, by one of the members against another, against some of the others or against all of them". It includes all those violent acts, from the use of physical force, to harassment, bullying, or intimidation, that occur within a home, and that at least one family member perpetrates against some other family member.
The term includes a wide variety of phenomena, including some components of female-to-male violence, violence against women, child abuse, child-to-parent violence, generalized violence and elder abuse. The lack of economic resources in families, as well as the adverse conditions for the care of its members, are triggers for domestic violence, both for women and for minors and the elderly. Thus, the current economic situation is presented as a factor that generates domestic violence in those homes where the lack of resources is evident, according to Dr. José Romero-Urcelay, Clinical Director of the Department of Personality Disorders at Broadmoor Hospital (England), during his speech at the XX Refresher Course in Psychiatry, in Vitoria.
Terminology of domestic or intrafamily violence
Family violence includes all violence perpetrated by one or several family members against another or other family members. Violence against children, violence against women and violence against dependent persons and the elderly are the most frequent types of violence in the family. It is not always exercised by the strongest physically or economically within the family, being sometimes psychological reasons (see Stockholm syndrome) that prevent the victim from hitting
Some studies conclude that people from homes where there is abuse or psychological violence or any other type of violence are 15 times more likely to manifest some type of abuse in their adulthood.
Psychological violence is the form of aggression in which most countries the people affected almost never have the possibility of acting, since in this case the lack of legal options for reporting and protection against this form of violence is combined violence.
Signs of violence are easier to hide if they are emotional in nature, as women do not accept abuse “passively”. According to studies carried out, the majority of abused women did not accept it and tried to oppose said abuse. These defense actions made psychological violence be seen as a mutual aggression and that some institutions classified it as a couple conflict. However, a study on domestic violence shows that only two of the women interviewed accepted that they were emotionally assaulted, before being physically mistreated. In certain South American countries and, thanks to different advertising campaigns, attempts have been made to promote a higher level of awareness about psychological abuse.
Family violence could be defined as any action or omission committed within the family by one of its members, which undermines the life or physical or psychological integrity, or even the freedom of another of its members, and that causes serious damage to the development of his personality.
Relation between gender and violence
There is no consensus among researchers regarding the relationship between gender and this type of violence, which is why it is a controversial issue where some confusion persists when it comes to defining their respective typologies —gender violence versus domestic violence—; There is currently a debate about victim rates for each gender and whether battered men should have the same resources and shelters that are available to female victims. In particular, some studies suggest that men are less likely to be victims of domestic violence due to social stigmas. Other sources, however, argue that the rate of domestic violence against men is inflated due to the practice of the inclusion of self-defense as a form of domestic violence.
Types of Domestic Violence
Usually this type of violence does not occur in isolation, but follows a constant pattern over time. The main taxpayers are women, children and dependent persons. What all forms of family violence have in common is that they constitute an abuse of power and trust. Given the complexity and variety of the phenomenon, it is very difficult to know its global dimensions.
Psychological violence
Psychological violence, also known as emotional violence, is a form of abuse, which is why it falls into one of the categories within domestic violence. The intention behind psychological violence is to humiliate, make an individual feel bad and insecure, deteriorating their own value. It differs from physical abuse in that it is subtle and much more difficult to perceive or detect. It manifests itself through hurtful words, humiliation, shouting and insults. This disorder can have bases in the childhood of people when there is a lack of attention from parents or relatives and intrafamily violence.
Violence against the elderly
Slave grandmother syndrome is another form of abuse frequent in the 21st century, described above all in Latin American countries, which affects adult women with a large family burden, voluntarily accepted for many years, but with advancing age it becomes excessive. If the woman does not clearly express her exhaustion (or hides it), and her children do not appreciate it and remedy it, inadequate overload causes or aggravates various common diseases: high blood pressure, diabetes, headaches, depression, anxiety and arthritis. These manifestations do not heal adequately if excessive overload is not appropriately reduced. It can occasionally cause suicides, active or passive
Ghost Grandparent Syndrome: In this type of violence, grandparents are so ignored that no one sees or hears them; they simply become another piece of furniture in the house. The children believe that feeding them and giving them a space to live is enough to satisfy their needs and they do not realize that this is the least of it. Since what these grandparents want is to be loved, taken into account, feel useful and loved. This violence against the elderly results in depression that can lead to suicide and lead to multiple diseases, since people in their eagerness to want to die do not take care of their suffering and, as in a vicious circle, it generates even more disorders..
Children who are often present during violence and those who witness it may experience emotional and behavioral problems. Researchers indicate that violence in the family affects children in three ways: health, education, and the use of violence in their own lives. It has been proven that children who witness violence show a higher degree of depression, anxiety, symptoms of trauma and temperament problems.
Intimate partner violence against women
The idea of the submission of women as the best way to ensure peace within marriage is still entrenched among us.Inés Alberdi
Violence against women by their partner or ex-partner is widespread in the world, occurring in all social groups regardless of their economic, cultural or any other consideration. Even though it is difficult to quantify, given that not all cases go beyond the scope of the couple, it is assumed that a high number of women suffer or have suffered this type of violence. Studies carried out in developing countries show a figure of abuse around 20%, finding the lowest rates in European countries, the United States, Canada, Australia and Japan with figures around 3%.
Most victims hide the existence of these problems for fear of being judged in society. Indecision is one of the reasons for not admitting the situation as well as the dominant stereotype of femininity in the West, where the exercise of active violence is not considered an attribute of women.
There is also an aspect of education and the social environment that is experienced from childhood, a man who is mentally or physically mistreated by his partner is attributed to him as a "weak" man, or he is attacked by his friends or co-workers and it is precisely for this reason that he is not willing to report it, much less seek help. This is a direct consequence of machismo, since women are socially considered weak and therefore incapable of mistreating men.
One of the consequences of domestic violence is depression. Women who experience domestic violence are at increased risk for stress and anxiety disorders, particularly post-traumatic stress disorders. Suicide attempt and depression are closely linked to intimate partner violence. Violence against women prevents them from participating fully in their communities economically and socially. Women in violence are less likely to be employed.
In couples, abuse against women has specific causes: the man's attempts to dominate the woman, the low esteem that certain men have of women; causes that seek to establish a relationship of dominance through contempt, threats and blows.
Men who abuse their partner are motivated by a need to dominate and control their partner. In a review of multiple works, the main results indicate that aggressors frequently present psychological alterations such as lack of control over anger, difficulties in expressing emotions, deficits in communication skills and problem solving, and low self-esteem. "There are different types of violent men —aggressors limited to the family environment, aggressors with borderline/dysphoric characteristics and violent aggressors in general/antisocial— who require treatment programs, adapted to their specific characteristics and needs” p. 27.
The most visible features of abuse are beatings and murders, which transcend the scope of the couple; however, low intensity abuse, psychological abuse that, sustained over time, undermines the woman's self-esteem, are the ones that mostly occur. When a case of abuse is revealed, the woman it can take years suffering from them. And if abuse can occur at any stage in the couple's history, it is at the time of the breakup and after it, if it occurs, when it becomes exacerbated.
That is why, in the search to prevent violence, it is about giving adolescents tools to identify the typical traits of violent people and to be aware of this low-intensity violence that generally begins before marriage, during The relationship. This is how the concept of dating violence was born.
It is common to treat the issue of abuse as individual cases. The aggressors would suffer a series of disorders that would lead them to mistreat the woman and hers, in her fragility, to receive them. This would be a reassuring vision of the problem that would not call into question the patriarchal model.
The psychopathological model explains violence as a result of deviant behaviours of certain individuals whose personal history is characterized by serious disturbance. This approach, ultimately reassuring, speaks of an “other”, a “sickness” or “delinquent”, which, after examining it, can be punished or treated medically. From a feminist standpoint, male violence is perceived as a social control mechanism that maintains the subordination of women to men. Violence against women stems from a social system whose values and representations assign women the status of a dominated subject.Maryse Jaspard.
The ultimate consequences of intimate partner violence against women are tens or hundreds of women killed every year, in different countries, at the hands of their partners or ex-partners. And in many cases, this violence at the hands of their partners or ex-partners against the woman who is the mother, in addition to the post-traumatic stress that can follow, produce very negative effects for the psychological development of children in the home.
The consequences of these (and any other type of abuse) are that the woman's self-esteem decreases and affects her emotional development. In addition, if there is no previous advance or solution, the woman usually enters into relationships in which this pattern of abuse is repeated, falling into a vicious circle. Low self-esteem is reflected a lot in the school or work environment; The woman has identity problems and great difficulty in managing aggressiveness, it is difficult for her to build affective relationships due to the mistrust of other people.
Violence against women acquires special relevance, seriousness and consequences when suffered during pregnancy. If there is still more seriousness in a scale of ill-treatment, the pregnant adolescent (minor) subjected to humiliation and ill-treatment should be considered. The personal suffering and complications of pregnancy are extremely serious and have repercussions both on the mother and on the product of the pregnancy. The WHO Study focused primarily on intimate partner violence against women. Said violence includes physical, sexual and psychological violence and dominant behaviors by their current or former partners, and includes both the current situation of the women interviewed and their previous experiences. This report focuses primarily on the experiences of physical and sexual violence reported by women, in particular when assessing the link between such violence and its health consequences, due to the difficulty of coherently quantifying psychological abuse. in different cultures.
The results indicate that intimate partner violence (also called “domestic violence”) is widespread in all countries where the Study was conducted. However, there were many variations between countries and between settings within the same country. Although differences were observed based on age, marital status, and educational level, these sociodemographic factors did not explain the divergences found between different settings.
The percentage of ever-partnered women who experienced physical or sexual violence, or both, by an intimate partner in their lifetime ranged from 15% to 71%, although most of the settings had rates between 24% and 53%. Japanese women experienced the least physical or sexual violence, or both, from an intimate partner, while the highest number of violent experiences occurred in provincial (mainly rural) settings in Bangladesh, Ethiopia, Peru and the Republic United of Tanzania. However, even in Japan, about 15% of ever-partnered women report having been subjected to physical or sexual violence, or both, at some point in their lives. In the past year, the percentages of women experiencing intimate partner violence ranged from 4% in Japan to Serbia and Montenegro.
Violence against men in a relationship
Domestic violence against men —in the context of domestic violence— refers to those violent actions where the role of aggressor is taken by the woman in heterosexual couples or by one of the two men in those couples of a homosexual nature. As with domestic violence against women, violence against men can constitute a crime, but there is great variation between the laws of different jurisdictions. Despite numerous studies reporting the prevalence of domestic violence perpetrated by men against women, other studies suggest that the rates of domestic violence for women and men are equivalent. This has generated much controversy and controversy. discussions between researchers.
Some authors indicate that similar motives can be found in both domestic violence against women and in violence against men, while the idea that the man can be the victim of the woman generates resistance and is not accepted. free of controversies, in which it is treated, for example, the bias when understanding the idea of physical violence as the only really important form of violence.
While women who experience domestic violence are openly encouraged to report it to the authorities, it has been argued that men who experience such violence often encounter pressures against reporting it, and that those who do face social stigma, regarding the perception of lack of manliness and other issues that denigrate their masculinity.
In Peru around 6149 men are victims of violence at the national level, this represents 15% of all complaints filed for violence. Male victims of this do not report for fear of ridicule and rejection by family members and friends.
Violence against children
The detection of the child exposed to domestic violence can be achieved by various means; the most common of them is that the mother has made a consultation and reveals the situation. The problem can also come to light because another professional, such as the pediatrician or teacher, has detected it, or because the child himself verbalizes it.
Conditions associated with situations of abuse prevent normal development throughout childhood and place the child at high risk of developing psychopathology (Cicchetti & Toth, 1997). In order to know the psychological consequences of domestic violence in children, it is necessary to evaluate their cognitive, emotional and behavioral state (Osofsky, 1999). The alterations that it presents vary according to the evolutionary stage in which it is found.
In preschoolers, exposure to domestic violence is associated with excessive irritability, regression in language and toilet training, sleep problems (insomnia, sleepwalking), separation anxiety, difficulties in the normal development of self-confidence and later exploration behaviors, all related to autonomy (Osofsky, 1999). Symptoms of Post Traumatic Stress Disorder (PTSD), such as repeated re-experience of the traumatic event, avoidance, and increased arousal, are also present in young children.
In the preschool stage, information is usually available from the mother or other significant adults. The Child Behavior Checklist (CBCL1½-5 and TRF1½-5; Achenbach and Rescorla, 2001), answered by the mother or by the teachers, allows obtaining a general symptomatological profile of the behavioral and emotional problems of children of these ages.
The Interactivo Gabi questionnaire (adapted to Spanish by Dominic Interactive; Valla, Bergeron, & Smolla, 2000) is a self-report screening of psychopathological symptoms for children aged 6 to 11 years. It is presented in audiovisual format with drawings about a boy or a girl named Gabi. Each item describes a situation that happens to the character and the child must answer if the same thing happens to him. Eight scales are evaluated (specific phobias, separation anxiety, generalized anxiety, depression/dysthymia, opposition, conduct problems, attention deficit/hyperactivity disorder, and strengths/abilities).
School-age children display symptoms of anxiety, depression, aggressive behavior, and post-traumatic stress, as well as other associated problems such as difficulties sleeping, concentrating, and coping with the peculiarities of their environment. Their attitudes, social competence, and school functioning are affected, and as they grow older, they are at greater risk of school failure, vandalism, and psychopathology, including substance abuse (Osofsky, 1999). Adolescents who witness domestic violence have higher rates of involvement in criminal acts (Fagan, 2003) and tend to justify the use of violence in their romantic relationships (Lichter & McCloskey, 2004).
Child-to-parent violence
Child-to-parent violence (VFP) or violence from children to parents is the set of repeated behaviors of physical aggression (hitting, shoving, throwing objects), verbal (repeated insults, threats) or non-verbal (threatening gestures, breaking valuable objects) directed at parents or adults who take their place. Thus, threats and insults are included, whether made through gestures or verbalizations, physical attacks of any kind, or the conscious breaking of objects valued by the victim. In addition, the violence must be directed against the parents or those parental figures that replace them: tutors, educators, etc.
In the Penal Code of countries such as Spain (art. 173.2.) family violence is known as the abuse that is carried out between the members of the nuclear family unit, where there are links between the victim and the aggressor: genetic, legal, of coexistence, of economic and/or affective dependence.
Therefore, this definition would not include occasional violence without antecedents and that does not recur. This almost generally excludes parricide, which presents particular characteristics that distinguish it and often constitutes a single episode, with no history recorded. Also excluded are sexual assault on parents and premeditated assaults with lethal weapons because they are considered to have a different profile, as well as violence that appears in a state of significantly decreased consciousness (autism or severe intellectual disability) and that does not it is repeated when this state subsides: violence in the course of intoxications, organic mental disorders, disorders of the course or content of thought, etc.
Violence against adolescents
In the adolescent age there are situations related to biological, psychological and social changes. Where fears, injustices, discrimination, violence, fear of the future, decision-making, lack of enthusiasm, among other aspects, are included.
When the identity of the family begins to blur, its members act in an uncoordinated way, there is a distortion of communication, values and beliefs are questioned. The family begins to function with a predominance of disorder and there begin to be situations that exceed their tolerance limit. The members of the family have entered into what is commonly called a "crisis", this crisis will be characterized by states of confusion, disorganization and chaos. Since the presence of conflicts in interpersonal relationships is inevitable, what we have to focus on is the method used for their resolution. It is not difficult to differentiate the conflict resolved through the use of knowledge, aptitudes and communication skills, and another that is resolved through the exercise of power and authority. Aggression accounts for the human capacity to oppose resistance, it includes physiological, behavioral and experiential aspects.
Aggression can take different forms, motor, verbal, gestural, postural, etc. Youth abuse is any action or omission, not accidental, that causes physical or psychological harm to an adolescent by their parents or caregivers. There are different types of juvenile abuse, such as: physical (injuries), sexual (Sexual abuse could be defined as the type of sexual contact by an adult or guardian, with the aim of achieving arousal and/or sexual gratification.), abandonment and emotional abuse (verbal hostility such as insults, mockery, contempt, criticism or threats of abandonment), witnessing violence (These present disorders very similar to those that characterize those who are victims of abuse).
Statistical data
Domestic violence against women
Spain
According to a survey carried out by the EU Agency for Fundamental Rights in 2014, Spain is among the European countries with the lowest percentage of women who have experienced sexual or physical violence (13%) by their current or former partner. However, the indicated data is in line with other results that show the situation of women at an international level. It should also be noted that many women who have been mistreated by their partner do not go so far as to file a complaint out of fear, fear of not being believed during the judicial process, lack of protection, social and economic vulnerability and fear of losing custody of their children. (https://elpais.com/politica/2015/07/23/actualidad/1437653748_740918.html)
Fonts
Over the years the sources are diverse:
- Before 1997: Ministry of the Interior (MIR) published a yearbook containing the "victims of injury and/or ill-treatment in the family sphere", but the deaths were mixed with other types of homicide (crimes against persons)
- 1997-2002: MIR. It does not include Euskadi, Catalonia, and all victims who did not live with their spouse in marriage.
- 1999-current: Women ' s Institute (only women)
- 2002-2006: MIR includes all the assumptions: "separated, divorced, sentimental partner, sentimental former partner, boyfriend, ex-boyfriend", but still does not include data from Euskadi and Catalonia
- 2007-Update: MIR including Euskadi and Catalonia (only women)
- 2003- News: CGPJ - Observatory against Domestic and Gender Violence
Observatory against Domestic and Gender Violence - CGPJ
The Observatory against Domestic and Gender Violence publishes a quarterly report.
Below is a table with the number of total deaths at the end of the year. In 2005, the Organic Law on Comprehensive Protection Measures against Gender Violence came into force.
The data between 2002 and 2015 have been updated according to the "Report on fatalities from Gender Violence and Domestic Violence in the sphere of partners or ex-partners in 2015", of the CGPJ.
Comparison of all fonts
Constructive social involvement of family violence
Violence, in most cases, has become part of the daily life of many people who are greatly affected by their behavior and the development of various activities they wish to carry out. In other words, violence is also a learned behavior. Violence can manifest itself in any social sphere such as the cultural, political, economic, and domestic social sphere.
Family violence is based on culture (the environment where this situation takes place) and even includes the media. This regime of ideas supports certain justifications for actions classified as intrafamily violence due to the use of stereotypes for family members. During the 1970s several theories were developed about the possible principles of the abuse of women by her husband or her male partner. One of them is based on feminist thinking that postulates that society is patriarchal and that the use of violence to maintain male domination is accepted. According to this theory, men use violence to subordinate women because women are afraid of the violence. Another theory reflects that men cause harm to their partner report feelings of helplessness with respect to their partner. According to Lenore Walker's (1984) study, this theory tries to reconcile feminist theory with social conditioning theory.
A family member who is intentionally oppressed or omitted for the purpose of physical, psychological or sexual force is in an abusive relationship. The abusive relationship is usually between romantic partners, or in other ways spouses, and it is a beginning reason for public health problems.
Psychological abuse is the broadest of all types of violence because it can include sexual and physical abuse causing trauma to the victim. This type of abuse is seen as manipulation between the couple. Women point out that verbal abuse, including coercion, isolation, deprivation, threats, humiliation and emotional coldness, are even worse than physical abuse. While physical abuse is episodic, psychological abuse is progressive and lasts for a long time.
A battered woman is a woman who remains in a relationship where her partner systematically assaults her. The cycle of violence has three main successive stages. In the first stage, the tension increases and the victim progressively tries to please the abuser so that the violence can happen. If the violence follows this cycle, the victim may confront the partner because she has seen that the violence is inevitable. By doing this the tension becomes greater and greater. The second stage is where violence begins in any form and is always painful. Ending the cycle, the abuser apologizes to her partner, for the remorse and probably says that it will never happen for the performance of a positive behavior. The affected person may feel rewarded and forgive him, believing that the violence will not happen again. Any sane person thinks that the best decision would be to leave the relationship since there is a threat of violence, but it is not dismissed so lightly. Five reasons why termination of the relationship is careful are the following. The victim fears for the personal safety of her or other family members, as well as their financial and housing capital. Another reason why the relationship is not undone is the hope of change in the perpetrator. Personal beliefs that the victim is not willing to change. One of the most persuasive reasons, sometimes, is the family itself who says not to end the relationship. The pressure of life in general sometimes does not let one make the right decision.
As for the answer or solution to this social phenomenon, it must begin with an understanding of what concrete law is and its consequences. For example, Law number 54 of the year 1989, Law for prevention and intervention with domestic violence in Puerto Rico; It describes in its third chapter the Criminal conduct, Penalties and other Measures.
There are constructive efforts in the plan to solve this problem according to the Pan American Health Organization. Within the meaning of family violence, it exposes that this is formed from subjective relationships between people. Based on this, new management models have been developed which focuses on family relationships. One of them is to provide comprehensive care to the person and their family, where prevention and safety are the articulating axes of management and intervention. Another management model would be to focus on the social education of the community in order to achieve a culture of non-violence and promote united family behavior.
A psychoanalytic approach to intrafamily violence
A psychoanalytic approach offers you a perspective that is focused on the symbolization of aggressive acts that every human being presents, the position of the victim and the subjective responsibility of the characters that are part of domestic violence. Domestic violence is considered an epidemic that hits homes worldwide.
Psychoanalysis explains that every human being has aggressive tendencies and impulses from childhood that must be released. This sustains that aggressiveness and violence are not exclusive to young people or adults, high or low social class, family with a specific culture and education. They teach that domestic violence shows difficulty in transmitting aggressiveness in a civilized way. Psychoanalyticians have shown that in childhood people experience pleasure when they release their aggressiveness, but over the course of development the education received at home and at school causes aggression to be prevented from gratifying aggressiveness through punishment.
"from psychoanalysis it is explained that these undesired situations of violence are present in every family, because in every human being there from early childhood aggressive tendencies and impulses that arise in the relationship with one another and that must be downloaded, because the impossibility of downloading these impulses generates displacement."(Aramburo, 2010, p. 5)
Violence Assessment Guide (VRAG)
There are certain tests that can tell us if a subject is violent or if they may commit violent acts with a high probability in the future, such as the guide for assessing violence, developed in 1994 by psychologists Christopher Webster, Grant T. Harris, Rice, Cormier, and Vernon L. Quinsey.
The evaluation test initially consisted of two parts, an actuarial component and after this a clinical scheme made up of 10 items that included dynamic risk factors, but later the authors themselves eliminated it. Currently, the VRAG studies and measures different variables in the subjects, it is made up of 12 items and some are: PCL-R score, early school maladjustment, age when the first crime was committed, diagnosis of a disorder... etc. Once the test is finished, these variables are measured in a table, and according to the results obtained, the subject is assigned to one of the 9 risk levels.
This exam helps us to determine the degree of risk and danger of a subject, so, for example, if it is located in one of the higher levels, a prevention plan can be addressed to reduce the risk as much as possible.
Proposals to prevent domestic violence
Violence in the home used to be considered a private matter, but today it is considered a public health and human rights issue.
Violence in the home not only affects the spouses but also the children of abused women, since men, seeing these attitudes from home in the future, can become abusers since they may come to think that if the father did it because they cannot do it, in the case of women they can get married but they can become submissive victims of their partner. The character of a child is defined at 7 years of age but in the course of training they learn from mom and dad, they put into practice the good and bad things they see in their homes and if the children do not see pleasant behaviors from their parents they Even so, they do it thinking that they are not doing anything wrong because mom and dad are doing it, but these bad attitudes are already in the child's mind and become a trauma. Domestic violence is noted in children since the performance is not the same. It is notable when a child has problems at home as he stays away from any activity, he has no friends, he does not like to be approached, aggression and constant nightmares; but these are only consequences of violence in the home. Today there are associations against domestic violence which propose the following:
- If in the relationship before marriage violent acts are seen, it is better to speak and try to change it.
- Establishing limits in marriage when there are shouts, as violent acts begin with the lack of communication in the couple.
- When a problem is given to treat how to calm down as there are children through.
- Knowing that every decision we make will affect children in good or bad shape.
- If it has already reached a point where violence is no longer only verbal but physical to go to a counselling centre for those affected.
- Report any abuse to a family member.
Convention of the Council of Europe on preventing and combating violence against women and domestic violence
The Convention of the Council of Europe on preventing and combating violence against women and domestic violence (Istanbul Convention) is the first legally binding European instrument aimed at preventing and combating violence against women and domestic violence in Europe.
In this convention, domestic violence is defined as "all acts of physical, sexual, psychological or economic violence that occur in the family or at home or between spouses or partners in fact old or current, regardless of whether the perpetrator of the crime shares or has shared the same address as the victim".
Legal regulation
Each legal system retains its own position in this regard, however similarities are established taking comparative law as a reference, establishing patterns and relationships.
Western Dogmatics unanimously considers that the term violence refers to both physical and psychological violence, equally considering both physical and psychological injuries.´
Argentina
In Argentina, the Comprehensive Protection Law to prevent, punish and eradicate violence against women in the areas in which they develop their interpersonal relationships (Law 26.485) (or Comprehensive Protection Law for Women) Act 2009 is the relevant legislation.
The norm establishes in its article 5 the different types of violence:
- Physics: The one used against the woman's body producing pain, damage or risk of producing it and any other form of abuse that affects her physical integrity.
- Psychological: The one that causes emotional damage and decreases self-esteem or impairs and disrupts personal development or seeks to degrade or control its actions, behaviors, beliefs and decisions, through threat, harassment, restriction, humiliation, dishonour, discredit, insulation manipulation. It also includes blame, constant vigilance, demand for submission, verbal coercion, persecution, insult, indifference, abandonment, excessive jealousy, blackmail, ridicule, exploitation and limitation of the right of movement or any other means that cause harm to their psychological health and self-determination.
- Sexual: Any action involving the violation in all its forms, with or without genital access, of the right of women to voluntarily decide on their sexual or reproductive life through threats, coercion, use of force or intimidation, including rape within marriage or other linking or kinship relations, whether or not they exist, as well as forced prostitution, exploitation, slavery, harassment, sexual abuse and trafficking in women.
- Economic and Patrimonial: The one that aims to cause a miscarriage in the economic or property resources of women, through:
(a) The disruption of possession, possession or ownership of its property;
(b) The loss, removal, destruction, retention or undue diversion of objects, working instruments, personal documents, property, values and property rights;
(c) Limiting economic resources to meet their needs or depriving them of the necessary means to live a decent life;
(d) Limiting or controlling your income, as well as the perception of a lower wage for the same task, within the same workplace.
- Symbolic: The one through stereotyped patterns, messages, values, icons or signs transmits and reproduces domination, inequality and discrimination in social relations, naturalizing the subordination of women in society.
In turn, article 6 establishes the modalities, which refers to the ways in which the different types of violence can be manifested.
- Domestic violence against women: the one exercised against women by a member of the family group, regardless of the physical space where it occurs, which damages the dignity, well-being, physical, psychological, sexual, economic or heritage integrity, freedom, including reproductive freedom and the right to the full development of women. It is understood by family group that originated in kinship either by consanguinity or by affinity, marriage, de facto unions and couples or girlfriends. Includes existing or terminated relationships, not being the requirement of coexistence;
- Institutional violence against women: that carried out by women officials, professionals, personnel and agents belonging to any body, entity or public institution, which aims to delay, hinder or prevent women from having access to public policies and exercise the rights provided for in this Act. These include political parties, trade unions, business, sports and civil society organizations;
- Violence against women: the one that discriminates against women in the public or private spheres of work and hinders their access to employment, recruitment, promotion, stability or stay in the workplace, demanding requirements for marital status, maternity, age, physical appearance or pregnancy test. It also constitutes violence against women in the workplace to break the right of equal pay for equal work or function. It also includes systematic psychological harassment of a particular worker in order to achieve her exclusion from work;
- Violence against reproductive freedom: the right of women to decide freely and responsibly the number of pregnancies or the interval between births, in accordance with Act No. 25,673 on the establishment of the National Programme on Sexual Health and Responsible Procreation;
- Obstetric violence: the one exercised by health personnel on the body and reproductive processes of women, expressed in dehumanized treatment, an abuse of medicalization and patologization of natural processes, in accordance with Law 25.929.
- Media violence against women: that publication or dissemination of stereotyped messages and images through any mass media, which directly or indirectly promotes the exploitation of women or their images, insults, defamations, discrimination, dishonour, humille or attentive against the dignity of women, as well as the use of women, adolescents and girls in pornographic messages and images, legitimizing the unequal treatment of women.
Mexico
80% of women in Mexico have suffered domestic violence. Given the growing wave of family violence, a large number of campaigns have emerged against it. In the State of Oaxaca there is a Campaign against Domestic Violence. The activities are under the responsibility of the General Coordination for the Development of Oaxacan Women. To date and through 10 awareness workshops, 40 government agencies, 9 non-governmental organizations, 10 educational institutions and representatives of the mass media (press, radio and television) have joined the Campaign.
In 2014, the DIF system of the state of Puebla assisted 314 minors who were victims of violence and abuse. According to information that the state DIF provided through a request for information on folio 00070415, of the minor victims attended to, 154 are girls and 160 are boys. In total, the Puebla DIF assisted 384 victims of family violence in 2014, which means that 81.7% of the assisted victims are minors, while adult women are the second population group that most attended the DIF for domestic violence.
In Mexico, the General Law on Women's Access to a Life Free of Violence of February 1, 2007 classifies the following types of violence:
- Psychological violence. Any act or omission that damages psychological stability, which may consist of: negligence, neglect, repeated neglect, jealousy, insults, humiliation, devaluation, marginalization, indifference, infidelity, destructive comparisons, rejection, restriction of self-determination and threats, which lead the victim to depression, isolation, devaluation of his self-esteem and even suicide.
- Physical violence. Any act that inflicts unintentional damage, i.e. provoked or even premeditated, using physical force some kind of weapon, including with the same limbs or object that may cause or not injuries either internal, external, or both. Regarding physical violence, the State of Mexico has the highest percentage of women affected, with 15.5%, while Sinaloa has 9.7%. The national rate was 13.5%.
- Domestic violence. Any act or omission that affects the survival of the victim. It is manifested in: the transformation, subtraction, destruction, retention or distraction of objects, personal documents, property and values, property rights or economic resources aimed at meeting their needs and may include damage to the common or property of the victim.
- Economic violence. Any action or omission of the Agressor that affects the victim's economic survival. It is manifested through limitations aimed at controlling the income of their economic perceptions, such as preventing them from working or demanding wages.
- Sexual violence. Any act that degrades or damages the body and/or the sexuality of the Victim and therefore violates its freedom, dignity and physical integrity. It is an expression of abuse of power that implies the supremacy of one partner over the other, by denigrating it and conceiving it as an object.
- Any other similar form that harms or is susceptible to damage dignity, integrity or freedom.
The impact on the rights, freedom, dignity, security and privacy of women worsened in the State of Mexico, where 56.9% of women suffer some type of violence from their partner. In contrast, the entity with the lowest rate of violence is Chiapas, with 29.8%.
Comprehensive family care in Puebla, it is imperative to promote spaces where awareness and self-love are promoted, Puebla is a state that has bet on family integration and protection of vulnerable sectors, such as pets, and with this precedent, we can continue advancing to create sufficient spaces to promote care for both physical and mental health.
Spain
In 1962, the sentence of banishment and not imprisonment was contemplated for a husband who, surprising his wife in adultery, killed or seriously injured one of the adulterers, but there was never a similar precept for a woman who surprised her husband in similar circumstances.
This trend continues, punishing the adulteress with sentences of up to 6 years in jail, but punishing the husband only when he has a mistress inside the matrimonial home or notoriously outside it. These clauses were extensible to daughters under the age of twenty-three and their "corruptor." All this fostered the concept of traditional pater familias where the wife and children became totally dependent on the head of the family in such a way that he not only assumed their respective property rights but could also take measures in other aspects such as the right to their lives, an aspect of the figure that was exemplified by the media during the Transition under the expression «I killed her because she was mine».
In 1979 all precepts of this nature were repealed. But it is not until 1989 when ill-treatment in the family is considered legislatively.
Since Organic Law 1/2004 on Comprehensive Protection Measures against Gender Violence
In order to communicate cases of gender violence, a help telephone line is set up for the assaulted woman, 016, it is free and can be answered in 51 languages. This number does not appear on the telephone bill to prevent the abuser from discovering that your partner has called there, but, depending on the case, it may appear in other records, so it is recommended to make this type of call from a public telephone or ask your phone to someone to perform them.
It is also possible to notify cases of gender violence on the Citizen Collaboration Website by any person, and providing only the data that one wishes, since they do not have the nature of complaints.
The Comprehensive Law against Gender Violence of 2004 established that in order to receive help, women had to file a complaint and prove their situation before judges or the police. The State Pact against Gender Violence (2017) allowed victims even if they had not denounced their attacker. Since April 3, 2019, any victim who has not reported but who has a document from the social services that proves the situation of violence, can access aid.
United States
In California, domestic violence can be a felony or a misdemeanor. The prosecutor will decide which charge to use depending on the circumstances of the case and the criminal history of the perpetrator. If the victim's injuries are minor, such as bruises or scratches, and the perpetrator has no prior record, then he will likely be charged with a misdemeanor. If the injuries are serious or if it is considered that there was a "great bodily injury" as defined by the state of California, or if the perpetrator has a criminal record, they are likely to be charged as a felony. The most common misdemeanor charge is domestic battery, CA Penal Code 243(e)(1), while the rarest offense is CA Penal Code 273.5, bodily injury to a spouse.
Peru
In Peru there are several laws and one of them is Law No. 30364 to prevent, punish and eradicate violence against women and members of the family group. This norm is promoted by the Peruvian state, especially if the person is violated due to their age or physical situation, such as girls, boys, adolescents, older adults and people with disabilities. It establishes comprehensive mechanisms, measures, and policies for the prevention, care, and protection of victims, as well as reparation for the damage caused; and provides for the persecution, punishment and re-education of sentenced aggressors in order to guarantee women and the family group a life free of violence, ensuring the full exercise of their rights.
The Ministry of Women and Vulnerable People has created a help center for women, the National Observatory of Violence Against Women and the Family Group, which is in charge of receiving complaints and providing protection to women who have been violated and the children if they exist. They also provide legal and psychological advice.[citation needed]
Other approaches
In a compilation published in 2009, Javier Álvarez Deca presents the results of 230 international studies on intimate partner violence, carried out over the last 30 years in 24 countries. All these studies meet the essential requirement of evaluating the behaviors of both members of the heterosexual couple. According to the conclusions of that publication, physical violence is exercised in similar proportions by men and women, and initiated more frequently by the latter. The same author has prepared a compilation of 58 studies on intimate partner violence, all of them published in 2009, the results of which coincide with those of his previous compilation. Lastly, in 2014, J. Álvarez Deca published a monograph in which the conclusions of 500 studies on intimate partner violence were presented, which would support his conclusions. It reflects a gap between the results of the work of Javier Álvarez Deca, who would defend the bidirectional nature of intimate partner violence, and current policies.
Contenido relacionado
Spanish narrative prior to 1936
Theology
Annex: Municipalities of Oaxaca