Gender-based Violence and the Role of the Judicial Power

Discrimination, re-victimization and impunity in the judiciary's response to specific cases of gender-based violence have been identified in relation to the access to justice women who are victims of violence in the American continent have (IACHR, 2007). Research shows that women, children and adolescents are at high risk of dying at the hands of their assailants when they report violence and/or request measures of protection, or during father-child visitation. The Judicial Power has a high ethical and judicial responsibility to safeguard the victims who report violence. Furthermore, the United Nations Declaration of Basic Principles of Justice for Victims of Crime (1985) and the Brasilia Regulations (2008) point out that women and children who are victims of gender- based violence require special protection, and the Inter-American Convention of Belem Do Para establishes specific responsibilities for the Judicial Power. This article addresses the role of the Judiciary in Latin America regarding cases of gender-based violence, and based on the Ptacek model (1999) adapted to our regional reality. The article proposes judicial responses to empower women and their children, thus obtaining protection and escaping said reality.