Family gender violence: Studies for the effective judicial protection of their victims

Authors

Mariel Fernanda Molina (ed)
Universidad Nacional de Cuyo (Argentina)
https://orcid.org/0000-0003-4018-5911
Keywords: Gender, domestic violence

Synopsis

This work brings together a set of studies on family gender violence in the province of Mendoza, prepared by a restless and heterogeneous group of local researchers; It is the result of work carried out at the Faculty of Law of the National University of Cuyo, in Argentina, based on the call of the Secretariat of International Research and Postgraduate Studies for the period 2022–2024. The project, directed together with Professor María Roberta Simone Bergamaschi, was titled “The standards of the Human Rights system in the process of gender and family violence. Analysis of the Mendoza case”, and represents the formalization of a line of research opened some time ago in a spontaneous and collaborative way.

The evaluation process of the published works responded to general and holistic criteria referring to the validity of the contributions for real progress in knowledge related to the object of the research, and that the articles were the result of analytical and critical studies, with preference to purely descriptive ones.

This edition is subject to an open evaluation, carried out by Dres. Beatriz Della Savia and Andrés Rousset Siri.

Chapters

  • Presentation
    Mariel Fernanda Molina
  • CHAPTER 1 Women's human right to family life free from violence
    Mariel Fernanda Molina, Micaela Chanampe
  • CHAPTER 2 Gender and law theory. Interpretive standards of the IDH Court
    Gabriel Juan
  • CHAPTER 3 There was a deconstruction of “vulnerabilities” in terms of human rights
    María Roberta Simone Bergamaschi
  • CHAPTER 4 The contribution of psychoanalysis as interdisciplinary in the legal approach to gender violence
    Carmen Mariela López
  • CHAPTER 5 Normative overview of protection against family and gender violence
    Micaela Chanampe
  • CHAPTER 6 The process of family gender violence in the province of Mendoza
    Mariel Fernanda Molina, Roberto Flavio Funes
  • CHAPTER 7 From the right to the hechos: the numbers of gender violence at the intra-family level in the Mendocina justice system, with special reference to the Associated Judicial Management of the Family of Guaymallén
    Renzo Andrés Bloise
  • CHAPTER 8 The need to adjust protection measures to the specific case as a search for restoring rights
    María Daniela Alma, Diana Florencia Farmache, Jonathan Daniel Perón
  • CHAPTER 9 Protection measures. Further process and proposals for the ongoing problem
    Micaela Chanampe
  • CHAPTER 10 The period of validity in measures prohibiting fence-sitting as a manifestation of access to effective judicial protection with support for equity. case study
    María Roberta Simone Bergamaschi
  • CHAPTER 11 Protection measures against economic violence
    Mariel Fernanda Molina
  • CHAPTER 12 Economic violence and procedural standards. case study
    Joana Jofré
  • CHAPTER 13 The process of control and monitoring of rights protection measures in the province of Mendoza. Some proposals
    María Daniela Alma, Diana Florencia Farmache, Jonathan Daniel Perón
  • CHAPTER 14 The possibility of applying the civil process of forced execution in the face of non-compliance with the judicial resolution ordering measures to protect rights in the province of Mendoza
    María Daniela Alma, Diana Florencia Farmache, Jonathan Daniel Perón
  • CHAPTER 15 Autonomy and consent of the person in a situation of violence
    Carlos Emilio Neirotti
  • CHAPTER 16 Participation of girls, boys and adolescents in family violence processes in the province of Mendoza
    Nadia Anahí Tordi
  • CHAPTER 17 The so-called vicarious (or displaced) violence and the need for its incorporation into the legal system
    Florencia A. López
  • CHAPTER 18 The assessment of the statement of the woman victim of family violence for the determination of a protection measure
    Sofía Méndez Maza
  • CHAPTER 19 The statement of the victim of gender violence
    Joana Jofré
  • CHAPTER 20 The right to reparation for victims of gender violence
    Melina Juan

Author Biographies

Mariel Fernanda Molina, Universidad Nacional de Cuyo (Argentina)

Doctor of Law, Full Professor of Family Law at the Faculty of Law of the National University of Cuyo, Director of the Specialization and Master's Degrees in Family Law.

Micaela Chanampe, Universidad Nacional de Cuyo (Argentina)

UNCUYO Lawyer. Specialist in Family Law from the UNCUYO Law School. Adjunct professor in the Chairs of Introduction to Private Law and Private Law General Part of the Faculty of Law – Universidad de Congreso. Affiliated with the Family Law Chair at the UNCUYO Law School.

Gabriel Juan, Universidad Nacional de Cuyo (Argentina)

Doctor in Legal and Social Sciences (UM). Lawyer specializing in constitutional law (U. Salamanca) and damage law (UNL). Member of the Argentine Association of Philosophy of Law (AAFD). Undergraduate and postgraduate teacher at the Faculty of Legal and Social Sciences, University of Mendoza. Postgraduate professor and researcher at the Faculty of Law of the National University of Cuyo. President of the Philosophy of Law and Ethics Commission of the Mendoza Bar Association. Practicing lawyer.

María Roberta Simone Bergamaschi, Universidad Nacional de Cuyo (Argentina)

Lawyer graduated from the Faculty of Law of the National University of Cuyo, Specialist and Master in Judiciary and Judicial Management (UM-UNCUYO), PhD student in Legal and Social Sciences (UM), Specialist and Master in Family Law (UNCUYO), effective mediator by competition of the Judiciary of Mendoza, Head of Practical Work effective by competition at the Faculty of Law of UNCUYO, teacher in the Specialization and Master's degrees in Family Law at UNCUYO, postgraduate teacher, researcher.

Carmen Mariela López, Universidad Nacional de Cuyo (Argentina)

Lawyer (UNL). Secretary of family jurisdiction Mendoza Judicial Branch. Banking Law Specialist (UNL). University Teaching Specialist (UNCUYO). Diploma in Gender and Applied Bioethics (UCH). Master in Judiciary and Judicial Management (UNCUYO).

Roberto Flavio Funes, Universidad Nacional de Cuyo (Argentina)

Lawyer (UCH). Diploma in Innovation and Technological Judicial Management. Member of the research team: “The standards of the Human Rights system in the process of gender and family violence. Analysis of the Mendoza case”, Faculty of Law, UNCuyo. He is a member of the Associated Judicial Management Court, Family Court, San Martín, Mendoza.

Renzo Andrés Bloise, Universidad Nacional de Cuyo (Argentina)

Lawyer from the National University of Cuyo. First instance secretary of the Associated Judicial Management of Family and Family Violence of Guaymallén, Province of Mendoza, Argentina.

María Daniela Alma, Universidad Nacional de Cuyo (Argentina)

Lawyer Specialist in family law from the National University of Cuyo, Specialist in Judiciary and Judicial Management, Master in family law at the National University of Cuyo, Family and Family Violence Judge of the Province of Mendoza.

Diana Florencia Farmache

Lawyer Specialist in Judiciary and Judicial Management from the National University of Cuyo in agreement with the University of Mendoza and the Supreme Court of Justice of the Province of Mendoza, secretary of First Instance in the Family and Family Violence Court of the Province of Mendoza.

Jonathan Daniel Perón, Universidad Nacional de Cuyo (Argentina)

Advanced law student, assistant secretary of Violence and Protection of Rights in the Family and Family Violence Court, Province of Mendoza.

Joana Jofré, Universidad Nacional de Cuyo (Argentina)

Abogada por la UNCUYO. Family codefendant. Specialist in Family Rights. Graduated in the rights of people with disabilities, from a gender and teaching perspective. She is a student of the Master's career in family rights. Adscribed to the Chair of Family Rights at the Faculty of Law, UNCUYO.

Carlos Emilio Neirotti, Universidad Champagnat (Argentina)

Lawyer Specialist in Family Law (Universidad Nacional de Rosario), Judge of Family and Family Violence of the province of Mendoza, Titular Professor of the Chair of Family Law in the Faculty of Law of the Champagnat University, Research Professor at the Faculty of Derecho de la Universidad Champagnat, Research professor at the Faculty of Derecho de las Familias de la facultad de Recho de la UNCuyo, PhD student at the Facultad de Ciencias Jurídicas y Sociales de la Universidad Mendoza, Titular member of the Instituto de Ciencias Jurídicas y Sociales de la Cuyo Region, belonging to the National Academy of Law of Social Sciences of Córdoba, former member of the Advisory Committee for the family law in representation of magistrates before the Council of Magistratura of the province of Mendoza.

Nadia Anahí Tordi, Universidad Nacional de Cuyo (Argentina)

Abogada (UNCuyo), Mediator. Specialist and Magistrate in Judiciary and Judicial Management (UNCuyo and UM). Full professor at UNCuyo and UCH. Director of the research project "Digital childhood citizenship" and "The right to the image of children, children and adolescents in digital environments: a focus in light of the principle of progressive autonomy" (UCH 2018–2023). Director of the Research Project: “Normative adjustment of provincial standards for the qualification of Early Childhood Care Centers in the province of Mendoza” (UNCuyo 2023/2025), Coordinator of the Careers of Teaching and Specialization in Derecho de las Familias ( UNCuyo). Counselor for children, girls and adolescents and people with restricted capacity of the Third Judicial Circuit of Mendoza.

Florencia A. López, Universidad Nacional de Cuyo (Argentina)

Lawyer graduated from the National University of Cuyo. She is appointed to the chair of Derecho de las Familias de la Facultad de Derecho at the Universidad Nacional de Cuyo. Teacher in Family Law at the National University of Cuyo. This work was carried out within the framework of the Research Project on "The standards of the Human Rights System in the process of gender and family violence. Analysis of the Mendocino case". COD E002–T1. National University of Cuyo, Res. 2118/2022

Sofía Méndez Maza, Universidad Nacional de Cuyo (Argentina)

Lawyer (Facultad de Derecho UNCUYO), Specialist in Family Law. She is assigned to the Cátedra de Derecho de las Familias (Facultad de Derecho UNCUYO) and Maestranda de la Carrera de Maestría de Derecho de las Familias dictated at UNCUYO.

Melina Juan, Universidad de Congreso (Argentina)

Doctor in Law (Universidad Carlos III de Madrid). Master in Criminal Justice (Universidad Carlos III de Madrid), Abogada (UNCuyo). Personal Predoctoral Researcher (Beca UC3M). Federal Instruction Tax No. 2 of Mendoza. Manager of the Victims of Treating Persons program for DOVIC, Procuración General de la Nación. Professor of Procedural Law (UC3M), Professor of Criminal Law, special part and Criminal Procedural Law (U. Congreso).

Cover for Family gender violence: Studies for the effective judicial protection of their victims
Published
May 23, 2024
Series