Abstract

ALEMAN SALCEDO, Eliana  and  PAEZ CUBA, Lisett D.. Gender Violence in the Sphere of the Partner and the Ex-Partner. Socio-legal Reflections on the Comprehensive Protection of the Victim in Cuba and Spain. Estudios del Desarrollo Social [online]. 2021, vol.9, n.2  Epub July 01, 2021. ISSN 2308-0132.

This article, from a socio-legal perspective, reflects on the comprehensive protection of victims of gender violence in couples and ex-partners in the contexts of Cuba and Spain. The methods used are the legal theorist, comparative legal, exegetical-analytical and legal sociological, in order to develop a theoretical, normative and axiological approach. Among the results are the assessment of the 2004 Spanish Comprehensive Law as a normative reference, the analysis of the Cuban Penal Code as a text that requires legal reform, and the identification of sexist patterns in both judicial systems. It is argued that the specificity of the violence exerted against women because of structural inequality, requires adequate criminal treatment around the criminal categorization, the configuration of the principle of equality, the complaint and resignation of the victim; as well as the timely intervention of social agencies that contribute to eradicating institutional violence.

Keywords : gender; comprehensive protection; sexism; penal system; victim; violence.

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