Judicialising and (de) Criminalising Domestic Violence
Resource Description:
This article analyses the specific ways in which Latin American countries have judicialised
domestic violence over the last decade. In particular, it highlights the new definitions of
spousal abuse and procedures adopted in both criminal and non-criminal courts. The
region has seen two countervailing tendencies, the first to criminalise, through penal code
definitions and higher penalties, the second to divert this offence into legal arenas that
tend, either implicitly or explicitly, towards effective decriminalisation and downgrading of this form of social violence due to their emphasis on conciliation and transactional procedures.
domestic violence over the last decade. In particular, it highlights the new definitions of
spousal abuse and procedures adopted in both criminal and non-criminal courts. The
region has seen two countervailing tendencies, the first to criminalise, through penal code
definitions and higher penalties, the second to divert this offence into legal arenas that
tend, either implicitly or explicitly, towards effective decriminalisation and downgrading of this form of social violence due to their emphasis on conciliation and transactional procedures.
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