Subjectivities construction by the legal system in the treatment of gender violence

Jenny Cubells Serra, Andrea Calsamiglia Madurga

Research output: Contribution to journalArticleResearchpeer-review

Abstract

The Organic Law 1/2004, of Measures of Integral Protection against Gender Violence arose from a gender perspective in order to protect and guarantee the rights of women who experience violence by their heterosexual partner. The implementation of this law is given in a predominantly patriarchal institution, generating perverse effects for which further research is needed. The aim of this paper is to understand women's experience about the criminal justice system and analyze the subjection mechanisms of the criminal justice system, and how it constructs women's subjectivities, in order to see its effects and avoid the points of disagreement and the unwanted effects. To carry out the study, the criminal justice system in relation to the LO 1/2004 is understood as a technology of power. To do this we used qualitative methodology to approach the criminal legal environment, namely: 23 sessions of participant observation, in-depth interviews with 17 professionals working with domestic violence, 11 in-depth interviews and a group interview with women who have sued their heterosexual partners of gender violence, analyzed data using as analysis axis the theories about power, subjectivity and gender studies with qualitative analysis software Atlas.ti. The results show the criminal legal institution, and the implementation of the LO 1/2004, as a producer of women's subjectivities and their effects.
Original languageEnglish
Pages (from-to)205-259
JournalPrisma Social
Volume11
Publication statusPublished - 1 Jan 2013

Keywords

  • Criminal legal system
  • Domestic violence
  • Feminist criminology
  • Gender
  • Gender violence
  • Organic Law 1/2004
  • Subjectivity
  • Technology of power

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