Explorando las (im)posibilidades de una ley interseccional sobre violencias de género en el estado español

Identifier:  TDX:2445

Handle: https://hdl.handle.net/20.500.11797/TDX2445

Authors:  Olivella Quintana, Maria

Abstract:
Although Spain has a robust legal and policy framework aimed at addressing gender related violence (GRV), that is a result of two decades of feminist and LGBTI struggle, several scholars have proposed that in the Spanish context there has not been enough attention paid to the intersection of gender inequality with other axes of discrimination. Using this statement as a starting point, this thesis explores whether or not the seven laws that make up the existing Spanish and Catalan legal frameworks regarding GRV adopt an intersectional approach. Drawing from Carol Bacchi’s and Ange-Marie Hancock’s analytical frameworks, this thesis uses a research analysis model that focuses on the juridical subjects of the law and then applies that model to the seven laws. The results of this research indicate that the laws mostly adopt either a monofocal or a multiple discrimination approach and that, even if their aim is to combat GRV, they (re)produce systems of oppression such as heteronormativity, gender binarism, transpatologisation, ageism and discrimination against people without Spanish citizenship, among others. The thesis inquires as to why these laws fail to adopt an intersectional approach and explores the (im)possibilities that emerge from within the Spanish legal system itself. The research uses the innovative term 'gender related violence' because it allows for an intersectional conceptualisation of discriminations that are based on gender inequality that have typically been conceptualised separately, such as violence against women (VAW), heteronormativity, homophobia, lesbophobia or transphobia.