The gender approach in Spanish Criminal Law. Overcoming the criticism of author and paternalistic Criminal Law

Abstract

The incorporation of the paradigm of the gender perspective, in the specific area of Spanish Criminal Law, legitimized on the approach of women’s human rights, is presented as something necessary, if it is intended, not only to eradicate the rules of law that legitimize and perpetuate discrimination against women, but also recognize cultural heritage based on the inferiority and subjugation of women with respect to men. This is precisely the approach from which the present work is approached, that is, to detect what steps have been taken within the framework of the Spanish legal-criminal system to incorporate the gender perspective into it, in an attempt to eradicate the “violence against women” and overcome the barriers and limitations that prevent the achievement of real equality.