La mujer como víctima especialmente vulnerable: la violencia de género desde una perspectiva criminológica

Resum

Gender violence continues to be a current social situation in our time. Despite advances in equality women are victims of violence just because they are women and traditional gender roles associate with women and men. Advancement of societies doesn´t prevent internalized social behaviers from persisting for generations and from continuing to be the basis for the education of new generations about gender roles. Giving this situations of inequality, diffferent countries, including Spain, and EU have considered woman as vulnerable victims. The result of this classiffication of women as vulnerable is many different opinions and debates around the term. The groups that were considered vulnerable were those that needed guardianship and special protection for reasons such as age (minors, seniors) and diseases (physically, mental, etc.). Because of adding hate crimens, the groups considered vulnerable were expanded to groups of people who have been and are discriminated against (women, LGTBI+, racial reasons, religious, etc.). The inclusion of adults as vulnerable groups is rejected by society and a part of the academic world based on a theoretical infantilization. The association of vulnerable, weak, the need for protection and help with something bad and related to childhood comes from increasingly individualistic societies where force and independent is appropriate and positive for adults. This thesis has as its mains of study the consideration of women as vulnerable victims, the regulation of this term at the national an international level and the practical consequences that it has had when adopting protection and assistance measures for women victims of gender violence. In addition the group of women will not be used as a homogeneous group based on a universal model. Women are diverse and different from each other and when it comes to being victim of gender violence it´s necessary to take into account the possibility tha other factors or characteristics occur in the person that make them part of another group considered vulnerable (racialized women, trans, with functional diversity, rural environment, etc.). For the elaboration of this thesis, it has been done a critical analysis of the legislation and prevention treatment and support measures for the victims of gender violence. This analysis covers both national and international level, it uses regulations of European Union and neighbor countries (Germany, Italy, France, United Kingdom and Portugal). This will allow to establish the actual panorama on gender violence as well as the real usefulness of the term vulnerable victims and treatment that victims receive by institutions and society. In general, It´s concluded that the classification of women (and other groups) as “vulnerable victims” is only theorical and it´s necessary that in the development of measures on gender violence being to take this category into account with multiple discrimination so that these are increasingly effective and specific for the various victims. Finally, based on the data obtained, a proposal for a criminal policy on gender has been made.