Abstract

TAPIA BALLESTEROS, Patricia. Posición de la mujer en el código penal español de 1822 e incorporación del "género" como circunstancia sospechosa de discriminación (Ley orgánica 1/2015 del 30 de marzo): ¿Se ha avanzado hacia la igualdad?. Mora (B. Aires) [online]. 2017, vol.23, n.1, pp.01-19. ISSN 1853-001X.

The transformation of the conception of women has influenced not only in their traditional social roles, but also in their legal treatment. In this work will be presented such treatment in the first Spanish Criminal Code, 1822, and the current of 1995, in order to point out the effects derive from the incorporation of the principle of equality. Moreover, historically, the woman has been seen as a dependent subject, in need of special protection. Progressively, this idea was losing strength until, finally, was established the Criminal Code of 1995, a regulation based on equality. However, some of the most important reforms, carried out in the last ten years, have get back to consider her as a helpless being, unable to make their own decisions. This has happened with the Organic Law 1/2004 of 28 December on Comprehensive Protection Measures against Gender-Based Violence. From a gender perspective, some of the repercussions of the wording of criminal offenses related to gender-based violence have had on the existing Criminal Code are analysed, and it concludes with deficiencies that the recent addition of "gender" in Article 22.4 (Organic Law 1/2015 , of March 30) presents.

Keywords : Discrimination; Gender; Criminal Code of 1822; Criminal Code of 1995; Gender-based violence.

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