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Although the protection of victims is one of the essential functions of criminal proceedings, its inadequate fulfilment is the main cause often associated with the crisis of the Spanish criminal justice system. In this sense, notwithstanding the special relevance of the access to justice right as a guarantee of the effectiveness of citizens’ rights, there are remarkable obstacles traditionally faced by certain vulnerable groups, including victims of gendered violence. Thus, the aim of this chapter is to analyze the difficulties which are faced by victims of gendered violence in Spanish criminal proceedings, focusing on the tendency to revictimize them as a result of stereotypes embedded within the judicial system. Further, the chapter discusses the reform of the criminal justice system proposed by the current of restorative justice, as well as the practice of criminal mediation.

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The Vulnerability of Domestic Violence Victims from a Gender Perspective in Spanish Criminal Proceedings: Challenges and Proposals Against the Phenomenon of Secondary Victimization

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  • 发表日期：

    2025年

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  • Selena Tierno Barrios

摘要

Although the protection of victims is one of the essential functions of criminal proceedings, its inadequate fulfilment is the main cause often associated with the crisis of the Spanish criminal justice system. In this sense, notwithstanding the special relevance of the access to justice right as a guarantee of the effectiveness of citizens’ rights, there are remarkable obstacles traditionally faced by certain vulnerable groups, including victims of gendered violence. Thus, the aim of this chapter is to analyze the difficulties which are faced by victims of gendered violence in Spanish criminal proceedings, focusing on the tendency to revictimize them as a result of stereotypes embedded within the judicial system. Further, the chapter discusses the reform of the criminal justice system proposed by the current of restorative justice, as well as the practice of criminal mediation.