La protección jurisdiccional de las víctimas de violencia de género desde la perspectiva constitucional

Identifier:  TDX:2434

Handle: https://hdl.handle.net/20.500.11797/TDX2434

Authors:  Roman Martín, Laura

Abstract:
The thesis defends the existence of a right to the protection of victims of gender violence derived from the Spanish Constitution, from the content of which a State's duty to safeguard the life and physical integrity of victims is clear. The research adopts a multilevel perspective, that takes into account not only the system of constitutionally guaranteed fundamental rights and its interpretation from the Spanish Constitutional Court, but also the international standards of the United Nations, the Council of Europe and the European Union and the related jurisprudence, that is to say, the opinions of the CEDAW Committee (Convention on the Elimination of All Forms of Discrimination against Women) and the judgments of the European Court of Human Rights. After the theoretical construction of this right, the thesis consider its practical side; therefore, it studies the European Protection Order, a legal instrument established by a European Union Directive in the framework of mutual recognition of judicial decisions, that aims to offer transnational effective protection to victims in the area of the European Union. Also, in line with this Order, the thesis offers a comparative study of the internal rules of the national legislation of 26 member states of the European Union concerning the protection of victims of domestic violence, and an analysis on the existing protection models for this type of victims and their effectiveness.