Estudio de la legítima defensa en los casos de las mujeres maltratadas, agredidas y violentadas a la luz de la perspectiva de género : una mirada a la defensa de las mujeres que responden a su agresor en el contexto de la violencia de género

Abstract

This paper conducts a legal, jurisprudential and doctrinal study of the grounds for justifying self-defense in cases in which battered, assaulted and abused women defend themselves against their aggressors in the home. The subject is approached contemplating the importance of the inclusion of the gender perspective and the elimination of social stereotypes about women. To this end, we begin by explaining what the gender perspective consists of, as well as its constitutional foundations and the importance of its understanding in the area of violence against women. In addition, we will explain self-defense in the abstract, as a mechanism through which aggressions against women in the domestic sphere can be repelled, to then study the controversies that can arise in relation to the most discussed requirements in the case studies, namely, illegitimate aggression, actuality or imminence, and necessity of the defensive response. Throughout this paper we will question whether the defense of these women can be considered legitimate or whether, on the contrary, it does not fall under this ground of justification.