Вы находитесь на странице: 1из 4

INTRODUCTION (EXPOSITION OF REASONS) The fight of the women in the world to achieve the recognition of his human, social

and political rights, and the respect to his dignity, has been an effort of centuries, which had one of his expressions more raised in the Declaration of the Human rights of the Woman and the Citizen in 1791. His bidder, Olympes de Gouges, did not achieve that the French revolutionaries were approving such a declaration, and on the contrary, his initiative was one of the reasons that determined his death in the guillotine. The most serious problem, against which the women have fought historically in the entire planet, is the violence that is exercised against them for only made of it being. The violence of kind finds his deep roots in the patriarchal characteristic of the companies in which there prevail structures of subordination and discrimination towards the woman that they consolidate concepts and values that discredit systematicly the woman, his activities and his opinions. It is as well as any denial or rejection to the masculine power aggressor is lived by the man as a transgression to a "natural" order that "justifies" the violence of his reaction in opposition to the woman. It is a question, so, of a violence that it goes on the women for being considered, lacking in the fundamental rights of freedom, respect, capacity of decision and in the right to the life. The violence in opposition to the woman constitutes a serious problem of public health and of systematic violation of his human rights, which shows in dramatic form, the effects of the discrimination and subordination of the woman for reasons of kind in the company. The exercise of the human rights of the women, as for violence based on kind, has met affected significantly also for the juridical traditional conceptions, based on positivist and sexist paradigms. Up to a few decades ago one believed, from a general perspective, that the mistreatment to the women was one more form of violence, with the added one of exceptionality and with a possible reason in pathology of the aggressor or of the victim. From the seventies (70) in the century twenty (XX) his specificity is recognized and the fact that his reasons are in the structural characteristics of the company. The comprehension of the topic, then, claims a few explanatory keys that go from the insistence in his specificity, understandablly only from an analysis that includes the perspective of the kind, up to the implication in her of different areas and social instances, happening for the denunciation of his frequency and his not exceptional, but common character. All the women are potential victims of the mistreatment and the violence for reasons of sex so, in all the companies, there is pervivido the inequality between the sexes. In addition, the different forms of violence against the women are tactics of control with the aim to support and reproduce the patriarchal power on the women, to subdue them and to discredit them, and before this power that denies to them the possession, enjoyment and exercise of his rights, the State must be raised as guarantor of the human rights, especially approving laws that develop the constitutional forecasts. From the international point of view, the most relevant juridical instruments as for the human rights of the women and, specially, as for violence against the women they are the InterAmerican Convention To anticipate, To sanction and To eradicate the Violence against the Women (Convention Belm Do Par, 1994) and the Convention for the Elimination of All the Forms of Discrimination against the Woman (1979), together with the Declaration of United Nations on the Elimination of the Violence against the Woman (1993).

In the World Conference IV on the Women, celebrated in Pekin in 1995 was admitted that the violence against the women is an obstacle to achieve the aims of equality, development and peace, since it violates and reduces the enjoyment of the human rights and the fundamental freedoms of the half of the humanity. In addition, it defines it widely as a manifestation of the historically unequal relations of power between women and men. Of there that in the present Law the violence of kind remains delimited clearly for the subject that he her suffers: the women. In Latin America diverse countries have approved laws or articles of reform to his respective Penal Codes, to sanction the violence against the women: Bolivia, Colombia, Peru, Mexico and Venezuela (1998); Nicaragua (1996); Panama (1995); Paraguay, The Bahamas and Dominican Republic (1997). The Public Power cannot be foreign to the violence of kind that constitutes one of the most flagrant assaults to fundamental rights as the freedom, the equality, the life, the safety and not discrimination proclaimed in our Constitution. It is important to highlight that the Constitution of the Republic Bolivariana of Venezuela, he promotes the construction of a democratic and social State of Law and of Justice that it supports as top values of his juridical classification and of his action, the life, the freedom, the justice, the equality and, in general, the preeminence of the human rights, which constitutes the fundamental base for the development and production of a new Law that carries the materialization of the essential ends of the State since they are the defense, development and respect to the dignity of the persons and the construction of a company jousts and lover of the peace. In the political model expressed in the socialism of the 21st century that we are constructing, it is fundamental to eradicate the values, beliefs and practices that have supported the inequality between the sexes. On this Law fulfillment is tried to meet to the constitutional mandate of guaranteeing, on the part of the State, the possession and that cannot be waived and interdependent exercise of the human rights of the women, as well as his right to the free development of the personality, without any type of limitations. To it the State is forced to offer protection opposite to situations that constitute threats, vulnerability or risk for the integrity of the women, his properties, the enjoyment of his rights and the fulfillment of his duties, by means of the establishment of juridical and administrative conditions, as well as the adoption of positive measures in favour of these in order that the equality in the eyes of the law is royal and effective. This constitutional beginning constitutes the fundamental basement of the Organic Law on the Law of the Women to a Free Life of Violence. The present law takes his organic character as a principal characteristic with the purpose of which his dispositions prevail over other laws, since it develops constitutional beginning as for human rights of the women and gathers the international agreements in the matter that Venezuela has ratified. By virtue of that it is a government bond to attend, to anticipate, to sanction and to eradicate the violence in opposition to the women, must send the legal procedure that serve for such ends, there were established in this Law all the actions and manifestations of the violence, so much in the area intrafamiliar as out of the same one, giving I go on to new definitions as the institutional, media and labor violence, between others, which affect the women in different spaces of his social performance.

ANALYSIS From the beginning of the societies, the masculine figure has exercised his domain, force and pressure as for the feminine sex with manifestations that go from those of psychological type up to the physical and verbal aggressions that could go increasing as it is advanced in the excessive exercise of the power. As the reproach and the religion, the right arises as a form of social control, the laws being typified by the purpose of limiting the over-excited exercise of certain unjust behaviors that cause violations rights, motives that justify the implementation of procedure for achieving the balance of the conviviality in society. The conflicts intrafamily were considered to be matters deprived of the families not regulated by the juridical control but as the years were happening and changed certain customs, observed a series of violations of rights in the familiar sphere that it was needing the intervention of the State for the effects that such conflicts generate in the company, being that the aggressions or violence in the pair is copied by the children and transmitted to the conglomerate turning out to be a company it falls ill with violence. There have been analyzed several forms of violence that they could present in the relation of pair and the reasons that affect in the production of these violence and that they carry to the break or breach of the pair, circumstance that have a big effect in a determinant way in the familiar core and as consequence in the healthy development of the children. Due to the fact that the Law victim of violence claims the reestablishment of the rights of the women with the implementation of procedures tending to the demonstration of the criminal facts that could be committed by the men, a study has been realized on the women's rights taking in consideration the international agreements signed by Venezuela as Belem Du's Convention For, (Brazil 1994), as well as the dispositions contained in the Constitution of the Republic Bolivariana of Venezuela, recounted to the equality of the citizens without distinction of any type and the women's rights in relation of pair, describing the crimes that can be committed in this one area, deciding the following ones: Psychological Violence, Harassment or Harassment, Threats, Physical Violence, Sexual Violence, Lewd Acts and Patrimonial or Financial Violence. The Law of the Women to a Free Life of Violence organize a series of procedures, strategies, measures and programs, destined to the protection of the victim and to the indemnity of the damage caused, by what there is included the analysis of protection procedure, general and specific of the violence of kind, as well as the comparison with the laws that in the matter have sanctioned in other States, as: Spain, Argentina and Colombia, to the ends of having a reference of compared right and of the legislative ideas in guarantee of the women's rights as product of the violence of gender. Nevertheless previously exposed, an achievement represents for the society of Venezuela, to be able to count on a law that should stop the behavior of the man, when his action becomes unjust and disproportionate with his equal wife, taking in consideration the great quantity of cases of violence of genere and women's deaths to hands of his couple, which leads us to understanding the necessary application of a normative understood that contributes to the decrease of the cases and to the restitution of the balance of the rights inherent in every human; between them the

right to the equality, when the society has been characterized by an inclination in favour of the masculine genere, own of the commanding of machismo and where the figure of the woman has been observed as a need for the existence of the man, educated to cover these needs, without being in front of the needs of she as being individual and equal.

Вам также может понравиться