Domestic Violence: A Global View

By Randal W. Summers; Allan M. Hoffman | Go to book overview

11
SPAIN

Javier García-Perales

He who becomes a beast is saved the effort of living as a man.

Samuel Johnson


PERCEPTIONS OF DOMESTIC VIOLENCE IN SPAIN

In Spain, the first Congress of Family Organizations1 defines domestic violenceas “all action or omission of one or several family members that cause tensions, humiliation, or other similar situations against other members of the same.” According to Dr. Echeburúa,2 domestic violence is “the physical, psychological, sexual, or any other type of aggression, repeatedly carried out by a relative and which causes physical and/or psychological damage, injuring the freedom of another relative.”

In Spain it was not until the reform of Penal Code 19893 that family violence was considered a crime.4 Family violence can encompass four types of relationships within the same family: against a spouse (wife or husband), against parents, against children, and children against parents.


Historical Perspective

In Spain (and, it can be asserted, in Europe as well), in the period of Roman law (189 B.C.–A.D. 411), the family was a set of persons subordinate to the jurisdiction of the paterfamilias (“family father”), who had unlimited and full power over all family members. This power covered the following rights:5

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Domestic Violence: A Global View
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Contents viii
  • Series Foreword ix
  • Introduction xi
  • 1: Australia 1
  • 2: Canada 13
  • 3: England and Wales 25
  • 4: Germany 39
  • 5: Italy 55
  • 6: Jamaica 69
  • 7: Japan 83
  • 8: Russia 97
  • 9: Slovenia 111
  • 10: South Africa 125
  • 11: Spain 143
  • 12: Thailand 155
  • 13: United States 169
  • Index 185
  • About the Editors and Contributors 195
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