Citizenship and Gender Violence on Working Women : Reflections in the Light of Spanish and Brazilian Legal System

• Main Authors: Susana Rodríguez Escanciano, Mirian Caldas
• Format: Article
• Language: Spanish
• Published: Conselho Nacional de Pesquisa e Pós-Graduação em Direito 2016-06-01
• Series: Conpedi Law Review
• Subjects: Mujer; Violencia de género; Violencia doméstica y familiar; Relaciones laborales; Contrato de trabajo.
• Online Access: http://portaltutor.com/index.php/conpedireview/article/view/114

It has been nearly a decade since the Fourth World Conference on Women held in Beijing in 1995, where the violence against women was recognized as being an attack on  women’s human rights. Under such perspective and following the recommendations of the community institutions and international organizations, States such as Spain and Brazil have incorporated into their systems specific laws -- Organic Law 1/2004 of 28th December, on Integral Protection Measures against Gender Violence (LPIVG), in Spain and Law 11.340/2006 (Lei Maria da Penha), in Brazil --.These two provisions have as one of its fundamental objectives, firmly attack such despicable behaviors of violence against women, articulating a set of measures to ensure a whole, full and consistent protection of battered women, making them hold a wide range of rights pertaining to prevention, education, welfare or criminal repression, and down to what is relevant, a series of labor and social security prerogatives, confirming  in the end, a dual purpose endowed strategy: on the one hand, facilitate the employment access for women victims of gender violence and, on the other, ensure the maintenance of their jobs. A comparative study of both legal systems may serve to introduce technical improvements that result in benefit of the protected group.