Abstract

MORFFI COLLADO, Claudia Lorena. Towards the possible recognition of the precautionary guardianship of children and adolescents victims of domestic violence in Cuba. Civilizar [online]. 2021, vol.21, n.41, pp.119-132.  Epub Aug 17, 2022. ISSN 1657-8953.  https://doi.org/10.22518/jour.ccsh/2021.2a10.

This article is about an issue of vital importance in Cuba due to the growing development of family conflicts. Although principles and regulations aimed at protecting children and adolescents from domestic violence are recognized, the legal mechanisms conceived do not allow adequate legal protection of the victims, which is the basis on which this researxh is centered. Therefore, this study is aimed at determining the precautionary protection to be applied in cases of domestic violence of children and adolescents under the Cuban legal system. To achieve this, methods and techniques of socio-legal research are used as the historical logical determinant in the evolution of intrafamily violence; the analytical exegetical method, aimed at the interpretation of the necessary precepts to achieve an adequate legal regulation of the object of study; and the fundamental comparative legal system, in the analysis of the regulation of this type of violence in Spain, which is the normative paradigm chosen in the proposed research; in addition to empirical methods such as observation. The result of the research is established in the conception of precautionary measures as mechanisms for an effective legal protection against domestic violence for children and adolescents in Cuba.

Keywords : Domestic violence; protection; precautionary measure; victims; refuge.

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