L’Association Européenne d’Avocats d droit de Famille dénonce les effets pervers de la Loi contre la Violence de Genre en Espagne devant le Comité pour l’Élimination de la Discrimination contre les Femmes qui dépend de l’ONU
L’avocat prestigieux de famille don Javier Pérez – Roldán Suanzes, dans une représentation de la Asociación l’Européenne d’Avocats de Famille a présenté devant le Comité pour l’Élimination de la Discrimination contre les Femmes (CEDAW) un rapport sur les conséquences perverses de l’application de la Loi Organique 1/2004 de Mesures de protection Intégrale Contre la Violence de Genre (LIVG)
Summary of the report:
NGO FORUM ON THE STATUS OF WOMEN BEIJING+20
3-5 november 2014
Abstract by 1.Asociación Europea de Abogados de Familia
2. Centro Jurídico Tomás Moro
Organic Law 1/2004 of Measures for the Integral Protection Against Gender Violence (LIVG)
The LIVG is a gap to the implementation of 3 of the 12 areas of the Beijing Platform Action (Violence Against Women, Human Rights and Institutional Mechanisms), commits an outrage against Fundamental Human Rights (UNO), Spanish Constitution and even against CEDAW’s recommendations on the equality of sexes. However it neither has meant a decrease of the violence against women nor of deaths.
An analysis of the LIVG demonstrates that it is a sexist and discriminatory law:
it does punish with more hardness the same crime according to the sex of the one who committed it.
it eliminates innocence presumption. There are not penal guarantees.
Ill treatments denunciation, though it might be false, leads to the accused detention and the order of their children withdrawal.
False accusations are not chased, in spite of being a transgression and plunging the male into the most absolute defencelessness.
The mechanism is as follows: a woman who might be looking for a divorce advising, is advised to denounce his pair because of ill-treatment, although they might have never existed.
That would help at the time for the woman to ask for economical pretensions within the process and obtain their children’s custody. In spite of its falsehood brings about consequences as negative as unjust for the male on whom falls the whole load of the trial who must demonstrate his innocence: immediate detention, their children’s withdrawal orders, and jail pains.
There is an enormous percentage of false accusations about which experts and judicial associations considers might achieve 90% of the total. There exists Deans Judge’s denounces, Judges Councils, Fiscal Chiefs, Forensic Psychiatry Congress, Legal Medicine Institutes… In a survey practiced by the General Advocacy Council to these professionals, one of the questions appearing as of maximum worry are the most evident false accusations collapsing courts and bringing about injustice and the lack of innocence presumption and abandonment under which become denounced men for violence against women.
Negative consequences for women
it produces a situation of injustice and structural and institutional violence towards men who, harassed by a legislation which “a priori” condemns him , can be pushed to an individual revenge against woman, which would never had taken place if having been protected by law equally to woman.
it mines the credibility of real denounces out of what, at the end, authentic victims becomes harmed.
it reduces funds in expenses and judicial structures, which could be applied for helps to real violence cases.
it does not turn out to be demonstrable that such a practice might have reduced the figures for violence against women. Because of the perversion of the system, they have increased, in addition, turning out to become impossible to know the real situation.
Is not accomplished the fundamental human right for equality in between men and women.
This law might be withdrawn and sexes equality might be rigorously applied. It is a measure of positive discrimination which infringes on fundamental rights. CEDAW recommends its appliance on temporary form.
La Asociación Europea de Abogados de Familia denuncia los perversos efectos de la Ley de Violencia de Género ante el Comité para la Eliminación de la Discriminación contra las Mujeres dependiente de la ONU.