ANÁLISIS
Testigos y víctimas invisibles
El nuevo Código Penal suprimirá el agravante de maltrato a la pareja en presencia de menores
Inmaculada Montalbán Huertas Madrid 24 NOV 2012 - 17:33 CET
ANALYSIS
Witnesses and victims invisible
The new Penal Code deleted mistreatment aggravated the couple in the presence of minors
Huertas Madrid Montalbán Immaculate 24 NOV 2012 - 17:33 CET
We will be more indifferent to the suffering of children. The draft Penal Code inexplicably deleted the aggravating mistreatment of the couple in the presence of minors. And it does so in a time when there is not a single study that has no impact on the terrible punishment inflicted on children who mistreats, insults, harasses or kills his partner no matter the effect that such brutality cause in children, defenseless victims of violence in this reality. Are we indifferent?
The 25-N is a call for the UN to raise awareness about violence against women. Spain is an example for other countries in the diagnosis and institutional response against this violence that many social and cultural justifications still is. For over a decade to promote measures to address it and we can say, today, it's over with impunity. But we face a hydra with multiple heads and tentacles that penetrate persists in social structure and become invisible causing deep wounds.
As has been unseen pain of sons and daughters. Laws have traditionally seen as the witnesses of violent acts. Today, studies tell us that they are as much victims as their mothers. The exposure of children to domestic violence has been described by the Andalusian Ombudsman as a type of child abuse. The child suffers the same violence that the mother hears or presence blows, insults or slights, feel the fear and suffocation when the voltage is about to explode.
Our Criminal Code sets higher penalty for habitual abuse if the wife or partner in the presence of minors. This aggravating proceeding may disappear the announced reform of the Penal Code. Is to ignore one of the specific characteristics of domestic violence, victims often be more added. With the disappearance of the aggravating Plus is immaterial whether the suffering and the negative effects of this violence on the health and development of children.
The 343 judgments analyzed by the expert group OVDyG realize at least 235 women killed with sons or daughters, 35 sentences tell who witnessed the murder of the mother. According to the latest macrosurvey the former Ministry of Equality, almost 840,000 children were exposed to domestic violence in 2010.
These data confirm two assertions known. First, that domestic violence continues to be a public issue because it affects the basic structures of society and can have profound social consequences if transmitted as a model of behavior and conflict resolution. Second, and as has been said, that presents some notes that make it different from other crimes. One is that there is not a single victim. Are women and their children.
All children are direct or indirect witnesses, sometimes instruments used to cause damage to the mother, but also victims. They are not mere appendages of the mother. They are people with their own identity, whose suffering goes beyond the known as "family secrets" and can become entrenched in sequelae such as aggression, fear, isolation, distrust. They are people who need specialized care and psychosocial support to help overcome their traumatic experiences.
The formula is not cut legal reproach who routinely torture and violates the dignity of the wife in the presence of minors. The road is to continue implementing the Comprehensive and make visible to children and hurting people in their status as victims of domestic violence.
Immaculate Montalbán is president of the Centre Against Domestic Violence and Gender (OVDyG).
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