Protection is for women | They denied that …

Ten years after the promulgation of Law 26485 and nearly five of the first #Niunamenos, despite the fact that a woman was murdered for gender-related reasons every 30 hours in the country, some still wonder why she was born. Is not measured with the same staff with violence against men. Neutralian justice has been rendered on this subject: men are not included in the laws protecting women against gender violence. In other words, violence against men is not a gender 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 quoted the presentation of MP Paula Sánchez during the session at which the project was discussed, which will later become the 2786 provincial law. was a law of "positive discrimination" in which "the subject of protection It is not the family, it is women against all forms of violence that are exercised both in the private sphere and in the public sphere "since they 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 for men and women and that already had special legislation, and they also stressed that "violence appears as a instrument of a system of domination by which it perpetuates inequality between women and men, as a strategy of control over them. "Moreover, they argued that the term" women "encompbades" the people who subjectively feel their gender identity or expression, depending on the bad badigned to birth or 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.

The confusion or misinterpretation of the concept of gender-based violence against women (baderting that men's exclusion from the concept of gender-based violence was an injustice to them) is not an exception and does not occur exclusively in women. the field of justice. This is one of the reasons why the Observatory of Sentences handed down by the Latin American Justice and Gender Team (ELA) decided to make the judgment visible. d & # 39; equality. For some people, men should be protected by the same rules that protect women from violence, "said Agostina Gonzalez, of the organization's legal team. case shows us that there is still a long way to go. Interpretations such as this imply a misunderstanding of the structural inequality that women face in our societies and the need for campaigns to make visible the differential impact of certain social practices on the lives of women. women ".