Análisis de derecho comparado en Colombia, Iraq y el abordaje internacional frente al feminicidio como crimen pasional y crimen de honor desde estructuras patriarcales
Martínez Martínez, Zaira María | 2023-02-28
The position given to women in society has been the object of study and debate in different branches of knowledge and the law does not escape from it. In these scenarios there have been several questions about what should be the position that the Law must assume about the situations of discrimination experienced by the women, starting from the recognition of the oppression devices that have operated in the Law as a regulatory source of the society. However, some of the schools and currents that have focused their production to address this situation have been invalidated or simply unknown in the spaces that Law occupies, from its study to its practice.
The patriarchy has been identified multiple times and under different theories as the device that legitimize the exclusion of women from the public spheres of society (like Law) many times through permissive treatment in front of harmful and violent actions committed against women, working as disciplinary practices that seek to maintain that position. A pertinent fact to study the impact of patriarchy as a macrostructure in the Law is the treatment given to femicides, from its historical ignorance and its approach as crimes of passion and crimes of honour in different cultures and in different geographical places, to the path that had to be travelled to be recognized as such. For this reason, this work intends to describe how the Law acted and acts regarding to femicide trying to unveil the patriarchal structures that cross it for being in misogynistic societies hindering a non-discriminatory care against women and generating a sense of ratification both (i) the overlapping of men regarding to women, and; (ii) to the actions committed to maintain that overlapping.
Although the sex/gender system will be the object of concern of this work, will not be addressed as an isolated item, because to make adequate recommendations, the discussion on the universality of Human Rights (as women's rights) must be considered from its hegemonic construction.