Una propuesta de análisis jurisprudencial desde el discurso para casos de violencia contra las mujeres en el marco de violencia de pareja

This article is intended to propose a methodology for making a jurisprudential analysis of failures occurring in several judicial instances; the article is focuses on the evaluation based on the speech of judicial arguments and is involved in a specific topic: violence against women, specifically by...

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Bibliographic Details
Main Author: Coral Díaz, Ana Milena
Format: Article
Language:Spanish
Published: Universidad de Medellín 2012
Subjects:
Online Access:http://dialnet.unirioja.es/servlet/oaiart?codigo=4220558
Source:Opinión Jurídica: Publicación de la Facultad de Derecho de la Universidad de Medellín, ISSN 1692-2530, Vol. 11, Nº. 22, 2012, pags. 17-30
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Summary: This article is intended to propose a methodology for making a jurisprudential analysis of failures occurring in several judicial instances; the article is focuses on the evaluation based on the speech of judicial arguments and is involved in a specific topic: violence against women, specifically by their couples. For this purpose, based on the judges� speech and the analysis of paradigmatic cases, this article makes an analysis of violence against women based on handling and solution set by judges and access to justice. The article also sets how urgent it is to project research towards jurisprudence of trial judges without limiting it to judges� law resulting from �High Courts.� In the search for finding a balance of the legal system, the article is intended to highlight that coherence and consistency of the legal system are based on a tendency to observe guidelines of the Constitution and international treaties concerning human rights for women, which imply a scenario of protection for people who should be given special protection within families.