Difference between domestic violence and gender violence

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Violence is premeditated behavior by an individual that seeks to cause psychological or physical harm to a person. In most countries, violent acts that one individual commits against another are considered a crime.

The domestic violence It originates in the nucleus of the family, during the coexistence between its members. The gender violence It is committed against a woman for the simple fact of being a woman.

Difference between domestic violence and gender violence
Difference between domestic violence and gender violence

What are the forms of violence?

The ways in which acts of violence can be committed are the following: 

Physical

The physical violence It consists of causing bodily injury intentionally caused with the use of force or objects. Among them are burns, shaking, blows, throwing objects, attacks with weapons of any kind, confinement, among others.

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Psychological

This is one emotional violence which usually begins with isolated or sporadic behaviors and intensifies over time. Psychological violence results in loss of self-esteem, dependency, feelings of loneliness, terror, isolation and stress.

The way this type of violence is committed is with threats, public and exaggerated criticism, humiliation, insults, devaluation, humiliating and foul language, control of money, not allowing decisions to be made, social isolation.

Sexual

This type of violence is committed with acts that threaten a person's sexual freedom, causing damage to their dignity. Sexual violence is committed using coercion or physical, psychological force or any other method that limits or nullifies personal will. 

What is domestic violence?

The domestic violence or intrafamilial, as it is also known, is that which originates between members of the family nucleus or a cohabitation relationship. Victims can be women and men and have no relation to the sex of the victim. 

This type of violence according to article 173.2 of the Penal Code can be committed by any family member, parent, child, man or woman. The only thing that is required is that an omission or action be made that affects the physical, psychological, sexual or economic integrity of a member of the family unit.

What is gender violence?

The gender violence It is committed exclusively by a man against a woman for simply being a woman. For violence to be considered gender-based, several elements must occur, such as inequality, discrimination, the power relationship of men over women, and subordination. 

When these elements are not present in the attacks committed by a man towards a woman, they can be considered gender violence. Currently, gender violence between homosexuals, intragender or a woman against a man is not possible.

Gender violence is regulated in the Royal Decree 253/2006 where the State Observatory of Violence against Women is created. This decree establishes the composition, functions and operation.

This type of violence is also regulated in Organic Law 1/2004, dated December 28. This law is called Comprehensive Protection Measures against Gender Violence. 

Differences between domestic violence and gender violence

The difference between domestic violence and gender violence It is based on the following aspects: 

Aggressor subject

In domestic violence, the acts are committed by any member of the family, with someone they live with, or by a person who is emotionally linked. Violent acts are directed against women, men, and minors without distinction. 

The gender violence It is committed by men on women solely for being a woman. Because the aggressor considers that he does not have the right to decision-making capacity, to be respected, nor does he have the minimum rights of freedom. 

Victim

The victim in domestic violence It is everyone who lives with the aggressor, including: descendants, spouse, de facto partners, siblings, ascendants, minors, people with disabilities who require special protection.

Gender violence is committed by a man against his spouse or ex-spouse, against the woman with whom he has or has had an emotional relationship, even without cohabitation.

Duration time 

In both cases, a continuous crime is committed that only ends if the victim decides to report the abuse to which she is subjected. In the case of domestic violence, a continuous attack is committed against people who have a family or emotional bond with the aggressor.

In the case of gender violence, continued violence is discussed with acts of psychological and physical violence. Which includes attacks on sexual freedom, coercion, threats.

Competence

The body in charge of hearing cases of domestic violence are the Courts of First Instance and Investigation or the Courts of Instruction. In the event that domestic violence is committed simultaneously with gender violence, the jurisdiction falls to the Violence against Women Courts.

The body in charge of hearing matters related to gender violence are the Violence against Women Courts.

Punishment

The person who commits domestic violence is punished with a prison sentence of six months to three years. In addition, the right to carry and possess weapons is deprived for a period of between three and five years.

In the event that the court or judge considers it necessary for the interests of the minor or person with a disability who requires special protection. It will impose a measure of special disqualification to exercise custody, parental authority, conservatorship, foster care or guardianship, for a period of one to five years,

When it is committed gender violence Punishment is imposed with a prison sentence of six months to one year. A penalty of thirty-one to eighty days of work in favor of the community may be applied. For either of the two penalties, deprivation of the right to carry and possess weapons is established for a period of one year and one day to three years.

In the event that the court or judge considers it necessary for the interests of the minor or the person with a disability who requires special protection. Disqualification will be established to exercise custody, parental authority, conservatorship, foster care or guardianship, for up to five years.

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