Bases Legales Sobre La Violencia De Genero En Venezuela

37When we reflect on the issue of women`s citizenship and gender-based violence, Simone Weil said: 29We must ask ourselves whether the complaints of women victims, the actions of the bodies that receive complaints, the investigation of the specialized prosecutors` offices of the Public Prosecutor`s Office and the reaction of the competent courts come to mind. have succeeded in reducing violence against women in Venezuela and strengthening their citizenship. The answers to all these questions are no. Violence against women is the most common crime and the main public health problem in Venezuela.19 Information, comprehensive social protection and free legal assistance for women victims of gender-based violence are the responsibility of the State. 58The denial of women`s right to their own bodies criminalizes their behaviour, forces them into unwanted motherhood and, in most cases, the loss of their lives, because illegal or clandestine abortion always leads to septic abortion, which decrees guaranteed death for the patient. The mother and fetus fight in the patriarchal anti-abortion ideology and deprive the fetus of women`s rights.42 Promote the awareness and specialization of the public administration and judicial personnel who intervene in the entire process of information, attention, guidance and comprehensive protection of women victims of violence. 42 Not only the fact that the fetus is defined by anti-abortion medicine as an independent patient entitled to treatment. A pregnant woman is also defined as an assistant, without the right to refuse the treatment determined by the doctor. See Susana Faludi, The War on Women, on this topic. The secret reaction of men to modern women. Buenos Aires, Editorial Planeta, 1992, p. 418.

Aponte Sanchez, Elida. «Violence against women in Venezuela: the institutional response» in European Journal of Fundamental Rights, n° 19/1st semester, 2012. Valencia, Institute of Public Law, 2012. 19As a strategy for a vigorous response to the above decision, we put forward the proposal for a new law of an organic nature10 adapted and in force by the feminist paradigm, namely the Organic Law on the Right of Women to a Life Free from Violence, promulgated in November 200711. 14 Organic Law on the Right of Women to a Non-Violent Life. Official Journal op. cit. Cit. art. 1º.- The purpose of this law is to guarantee and promote the right of women to a non-violent life by creating the conditions to prevent, participate, punish and eradicate violence against women in all its manifestations and areas, and to promote changes in socio-cultural models that maintain gender inequality and power relations over women. Promote the construction of a democratic, participatory, parity and protagonist society14.

The law stipulates that violence against women includes any gender-based act that has led or may lead to physical, sexual, psychological, emotional, labour, economic or property harm or suffering; Coercion or arbitrary deprivation of liberty, as well as the threat of such acts, whether they take place in the public or private sphere. 52Sciences relating to the body, in particular to the female body, as is the case in medicine and gynecology, inexorably linked to obstetrics since the nineteenth century and became a mainly surgical discipline through the discovery of anesthesia and asepsis, have monopolized most theories about the female body. These theories have been adopted by other sciences such as law. Coordination of the budgetary and institutional resources of the various public authorities, definition of lines of action to ensure the prevention, attention, repression and elimination of acts of violence against women, as well as the implementation of socio-educational measures to prevent relapses. 2The initiation of the discussion on how citizenship was constructed, which is always based on the exclusion of women and even against them, is of paramount importance, especially in the countries of Latin America and in our case in the Bolivarian Republic of Venezuela. Highlight how the issue of violence against women and its institutional treatment reveals the idea of their citizenship and highlights the constant disagreement between norm and reality, between the law and the concrete justice embodied in everyday life. […] Aristotle places the word in the foundations of the city, the polis, because «the word is to manifest the convenient and the harmful, the just and the unjust, the sense of good and evil. The word allows the city, because without it justice which is the order of the civil community could not be expressed. Thus, when Aristotle says that «the slave has no consultative capacity, the woman has it, but without authority», he deprives them both of access to speech; slaves, completely; to women, in part, because what is the point of thinking about the just and the unjust, the convenient or the harmful, if we must then remain silent on the conclusions?32 69We begin this article with a reference to the constitutional text, the organic law on the right of women to a life free from violence and the rest of the legal instruments, not only women`s citizenship, but also the problematic issues of gender-based violence.

The Organic Law on the Right of Women to a Non-Violent Life[1] has been in force in Venezuela since its adoption in Official Gazette No. 38.668 Extraordinary of 23 April 2007. It was published in Official Gazette No. 40.548 of 25. November 2014 amended to include the crime of femicide and induction or assisted suicide. [2]​ […] The Purpose of the Act is to comply with the constitutional mandate to guarantee to the State the inalienable and interdependent enjoyment and exercise of women`s human rights and their right to the free development of their personality without restrictions. For this reason, the State is obliged to provide protection against situations that constitute a threat, vulnerability or threat to the integrity of women, their property, the enjoyment of their rights and the performance of their duties by creating legal and administrative conditions and taking positive measures in their favour so that equality before the law is real and effective. These constitutional principles constitute the fundamental basis of the Organic Law on the Right of Women to a Non-Violent Life […] 12. Promote the participation of women and men in associations, social organizations, foundations and other popular power movements that promote activities aimed at preventing, participating, punishing and eradicating violence against women. 14The corrective power of men against women has survived in other Venezuelan legal texts, such as the Penal Code, the Civil Code inherited in the shadow of the Napoleonic Code of 1804 (which we reformed in 1982) and is one of those pre-legal materials that has its origins in the tradition of Venezuelan culture. A tradition of culture that always works with its armament of customs, beliefs, myths and practices against women`s human rights. The protection of women in situations where they are particularly vulnerable to gender-based violence.

The others are enshrined in the Constitution of the Bolivarian Republic of Venezuela and in the relevant international conventions and treaties signed and ratified by the Bolivarian Republic of Venezuela, such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).