SciELO - Scientific Electronic Library Online

 issue40Actio Libera in Causa in Paraguay in the light of the german penal dogmatic: a decision between criminal policy and the legality principleThe right to live in a healthy environment: Relations between health and environment author indexsubject indexarticles search
Home Pagealphabetic serial listing  

Services on Demand



Related links


Revista de la Facultad de Derecho

Print version ISSN 0797-8316On-line version ISSN 2301-0665


HASANBEGOVIC, Claudia. Violencia basada en el género y el rol del Poder JudicialGender-based Violence and the Role of the Judicial Power. Rev. Fac. Der. [online]. 2016, n.40, pp.119-158. ISSN 0797-8316.

Discrimination, re-victimization and impunity in the judiciary´s response to specific cases of gender-based violence have been identified in relation to the access to justice women who are victims of violence in the American continent have (IACHR, 2007). Research shows that women, children and adolescents are at high risk of dying at the hands of their assailants when they report violence and/or request measures of protection, or during father-child visitation. The Judicial Power has a high ethical and judicial responsibility to safeguard the victims who report violence. Furthermore, the United Nations Declaration of Basic Principles of Justice for Victims of Crime (1985) and the Brasilia Regulations (2008) point out that women and children who are victims of gender-based violence require special protection, and the Inter-American Convention of Belem Do Para establishes specific responsibilities for the Judicial Power. This article addresses the role of the Judiciary in Latin America regarding cases of gender-based violence, and based on the Ptacek model (1999) adapted to our regional reality. The article proposes judicial responses to empower women and their children, thus obtaining protection and escaping said reality.

Keywords : gender-based violence; access to justice; the role of the Judicial Power; vulnerable victims; women empowerment from the judiciary.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )


Creative Commons License All the contents of this journal, except where otherwise noted, is licensed under a Creative Commons Attribution License