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Revista Criminalidad

Print version ISSN 1794-3108

Abstract

MUNOZ RUIZ, Josefa. Accreditation of the condition of victim of gender violence in the Spanish legal system. Rev. Crim. [online]. 2014, vol.56, n.1, pp.51-67. ISSN 1794-3108.

After a brief statement of the most authorized doctrinal opinions regarding the nature of violence on the grounds of sex or gender, this document shows as a main objective the analysis of the different legal channels aimed at accrediting the condition of victims of "macho" violence, since this is an essential pre-requisite for the exercise of the rights that the LO 1/200 recognizes to the victims of this specific form of criminality. The method used is based on a selection of the specific legislation on the subject and the most outstanding case law doctrine, the compared study of which lets infer a disparity of legal and jurisprudential criteria in the attribution of such condition to women, taking into account the different environments where it could be proved. In short, this situation involves an evident inequality of opportunities to the potential beneficiaries of the reinforced and integral protection this rule promotes.

Keywords : Gender violence; victim; protection measures/policies; accreditation of the condition of victim; requisites.

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