The law and gender-based domestic violence in Spain – legal backgrounds, efficiency and problems
The law and gender-based domestic violence in Spain – legal backgrounds, efficiency and problems

Summary/Abstract: This article shows the history, structure, functionality and efficiency of Law 1/2004 of December 28 on protection measures against gender violence. First, it explains the legal background from which this law has been influenced and then its objectives, purpose and novelties are exposed. Secondly, it is analyzed objectively whether the law fulfils its purpose of combating violence, whether it helps to solve problems and whether the number of victims of violence has been reduced since its adoption. Thirdly and finally, the mistakes, lapses and inconsistencies of the law are analyzed and briefly explained. The purpose of the article is to show that Law 1/2004 of December 28 is ineffective and does not solve the problems of gender violence, neither domestic nor family. We also show that it is a sexist law, as it only protects women, excluding men. The most important conclusion is that the Law 1/2004 should be changed to a more efficient law that protects all victims, regardless of their sex. Also, it must change, the fraudulent use of the law to obtain judicial advantages, and the consensual or induced breach of a sentence must also be avoided. It is necessary for a new wording of the law to address from a multidisciplinary point of view.

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