Reflections on Organic Law 1/2004, on Comprehensive Protection Measures against Gender Violence

A Complete Response to Gender Violence. Genealogy, challenges and perspectives

Abstract

The VII International Congress on Gender and Law, held in Granada on November 20 and 21, 2024, reviewed the genealogy and future implications of Organic Law 1/2004 for Comprehensive Protection Measures against Gender Violence. This document addresses the origin, development, and obstacles of this legislation, while offering normative comparisons between Europe and Latin America. The Spanish legislation, pioneering in categorizing gender violence as a systemic and social issue, emphasizes the protection of women from assaults by their spouses or former partners through a comprehensive approach. It underscores the case of Ana Orantes and the role of the media as a catalyst for social awareness and legislative reform. The legislation integrates punitive, educational, and social measures, acknowledging manifestations of violence including vicarious and symbolic violence. Nonetheless, it has obstacles in its efficient execution, including inter-institutional coordination and the specialized training for those participating in the comprehensive legal and law enforcement processes. The article then examines the significance of the budget to ensure its implementation and the media's involvement, which must address the issue with attention to prevent phenomena such as contagion or quiet. Ultimately, it considers the global progression of legislation addressing gender violence, highlighting notable improvements and places needing enhancement, particularly in regions such Latin America, where corruption, impunity, and cultural constrains continue to hinder the resolution of this issue.