Justicia Restaurativa aplicada a supuestos de violencia de género

Abstract

This paper explores the possibilities of application of restorative justice in cases of gender violence. Starting from the positions of radical feminism dominating the design of the criminal policy aimed at combating gender-based violence, the process of approval of mandatory arrest policies in cases of family abuse is described. This contribution indicates how the application of these policies has proven to be counterproductive, and not in accordance with the wishes of the victims. Once set forth the dangers inherent in the implementation of processes of restorative justice in cases of gender violence, while highlighting their advantages, emblematic experiences produced in other countries related to conferencing, circles and mediation are exposed. It concludes analyzing the legislative and applicative situation in Spain, making a proposal of future regulation that tries to reconcile the principles of criminal mediation with the special needs of gender-based violence cases.