They denied that the law on gender violence protects men

Neutral Justice has been issued on gender-based violence around men: men are not included in laws that protect women from gender-based violence.

The decision dates from November of last year but was announced a few days ago. Chamber I of the Civil, Commercial, Labor and Mining Appeals Chamber of the City of Neuquen has decided on an appeal by the Lord. Z. P. E. in connection with a case of violence against him.

The man challenged the first-instance decision dismissing his complaint about acts of violence. The Applicant had made his request under Provincial Law No. 2786 on Comprehensive Protection to Prevent, Punish and Eliminate Violence against Women and the Comprehensive Protection National Law No. 26,485. to prevent, punish and eliminate violence against women. The women, but in the first place, rejected the presentation because the applicant is not one of the subjects protected by these rules.

According to the decision, Z. stated that "although the rule mentions women as subjects, there is unfair discrimination that excludes men and those who perceive themselves as such". He claimed that "the purpose of the law is equal rights" and that although the text refers to women, "the intention of the legislature includes all bades".

Judges Jorge Pascuarelli and Marcelo Medori upheld the first-instance judgment dismissing Z.P.E. to consider it inadmissible. Among his arguments, he quotes the exhibition of the member Paula Sánchez during the session during which the project was discussed, which will later be the provincial law 2786.

Sanchez said that it was a law "positive discrimination" in which "the subject of protection is no longer the family, but women against all forms of violence who practice in both the private and public spheres "who were part of a group that has always been the victim of violence and discrimination.

The judges also pointed out that Law 26,485 "presumed that aggression against a woman is structural violence based on unequal and hierarchical relations between the bades." This concept is very important for understanding the norm. because if you do not start to understand the concept of gender, you can not understand a law that guarantees common rights to men and women and that already had special legislation.

They also stressed that "violence appears as an instrument of a system of domination by which it perpetuates the inequality between women and men, as a strategy of control over them". In addition, they argued that the term "women" included "those who subjectively feel their gender identity or expression, according to the bad badigned at birth or according to their internal and individual experience". For these reasons, they rejected Z. P. E.'s appeal because he could not prove that he was a subject protected by these rules.