The Istanbul Convention and the subjects of gender violence. The questioned legal category of domestic violence

Abstract

Abstract

The article aims to analyze the concept of gender violence included in the Council of Europe Convention on preventing and combating violence against women and domestic violence, made in Istanbul on 11 May 2011. The conceptualization of gender-based violence is a fact of great importance, which can contribute significantly to its eradication manner. Therefore, the article analyzes the elements of scientific doctrine has identified as basic to the definition of gender violence and subjects who exercise and suffer. To determine what is gender violence is needed start from the concepts by which it is built juridically and argumentatively the violence product of patriarchy as a social structure and gender as a consequence of that organization. From these criteria the conceptualization of violence that includes the Convention is analyzed, observing some contradictions that could introduce elements of confusion by raising a legal category of domestic violence and not to determine the active and passive subjects of gender violence. On this basis, an interpretation of the concept of violence as specified in Article 3 of the Convention, according to the parameters established by the doctrine to gender violence, while it intends to begin the process of tabling amendments proposed its modification provided for in the Convention itself.