Addressing Violence Against Women: Examining the Spanish Model as a Solution for Feminicides in Switzerland

Spain celebrated in January the 20 years of its pioneering law against gender violence. Coming into force in 2005, this text provides for a complete protection system: specialized police units, dedicated courts, specially trained judges and global support for victims (psychological, financial, housing). The law covers all stages, from complaint to trial, which has encouraged many women to denounce the violence against them. Recently, police also inform women as a couple if their spouse is one of the men already reported. Two million complaints have been filed since 2005 and feminicides have dropped by 35 %.

Too what extent could the implementation of specialized courts, similar to those in Spain, improve the handling of feminicide cases within the Swiss legal system?

The Rising Concern of Feminicides in Switzerland

Switzerland, despite its reputation for safety and stability, faces a concerning rise in feminicides – the intentional killing of women because of their gender. While overall homicide rates are relatively low, the specific targeting of women by intimate partners or former partners is a growing crisis. Data from the Swiss Federal Statistical Office reveals a disturbing trend: a notable percentage of homicides involve female victims killed by their partners. This necessitates a critical examination of existing preventative measures and a potential adoption of successful strategies from other nations. Domestic violence, gender-based violence, and intimate partner violence are key terms associated with this issue, demanding a multi-faceted approach.

The Spanish Model: A Thorough Approach to Gender violence

Spain has emerged as a leader in combating violence against women with its comprehensive legal framework and specialized resources. The Organic Law 1/2004 on Measures of Protection for Victims of Gender Violence (often referred to as the Gender Violence Law) represents a landmark achievement. This law isn’t simply about punishment; it’s about prevention, protection, and comprehensive support for victims.

Here’s a breakdown of key components:

Specialized Courts: Spain established specialized courts dedicated solely to gender violence cases, ensuring judges and legal professionals possess specific expertise in this area.

Risk Assessment Tools: A crucial element is the use of validated risk assessment tools (like the EIRIS tool) to identify women at high risk of experiencing severe violence, including feminicide.These tools evaluate factors like prior violence, threats, social isolation, and access to weapons.

Protection Orders: Rapid and effective issuance of protection orders (órdenes de protección) is paramount, prohibiting aggressors from contacting or approaching victims.

Comprehensive Support Services: Spain provides a network of free, accessible services including:

24/7 hotlines (helplines for domestic abuse)

Shelters and safe houses

Legal aid

Psychological counseling

Social work support

Training for Professionals: Extensive training programs for law enforcement, judges, healthcare professionals, and educators on recognizing and responding to gender-based violence.

Public Awareness Campaigns: Ongoing national campaigns to challenge societal norms that perpetuate violence against women and promote gender equality.

Adapting the spanish Model to the Swiss Context

Switzerland’s legal and social landscape differs considerably from Spain’s. However, key elements of the Spanish model can be adapted and implemented to address the specific challenges within the Swiss context.

1. Legal Framework Enhancements

Specialized Units within Existing Courts: Rather than creating entirely new courts, Switzerland could establish specialized units within existing cantonal courts, staffed with judges and prosecutors trained in domestic abuse law and gender violence.

Strengthening Risk Assessment Protocols: Adopting and validating a standardized risk assessment protocol across all cantons is crucial. This would ensure consistent identification of high-risk cases.The Swiss police forces need to be equipped with the tools and training to effectively utilize these protocols.

Expanding protection Order Scope: Reviewing and expanding the scope of existing protection orders to include measures like electronic monitoring of aggressors and restrictions on firearm ownership.

Criminalizing Psychological Violence: Currently, Swiss law primarily focuses on physical violence. Expanding the definition of domestic violence to explicitly include psychological and economic abuse is essential.

2. Resource Allocation and Service Provision

national Helpline Expansion: Investing in a nationwide, multilingual domestic violence hotline with 24/7 availability.

Increased Shelter Capacity: Addressing the shortage of shelter spaces for victims of intimate partner violence across Switzerland.

Funding for Support Services: Significantly increasing funding for psychological counseling, legal aid, and social work services specifically tailored to the needs of victims of gender-based violence.

Multilingual Support: Ensuring services are available in all major Swiss languages (German, French, Italian, and Romansh) to cater to the diverse population.

3. Training and Awareness

mandatory Training for Law Enforcement: Implementing mandatory, ongoing training for all law enforcement officers on recognizing, investigating, and responding to violence against women.

Healthcare Professional Training: Providing training for healthcare professionals (doctors, nurses, psychologists) on identifying signs of abuse and offering appropriate support.

educational Programs: Integrating gender equality and healthy relationship education into school curricula at all levels.

Public Awareness campaigns: Launching national public awareness campaigns to challenge harmful stereotypes and promote respectful relationships.

Case Study: The Impact of Specialized Courts in Spain

The establishment of specialized courts in Spain has demonstrably improved outcomes for victims of gender violence. Studies have shown:

Increased Conviction Rates: Specialized courts have led to higher conviction rates for perpetrators of domestic abuse.

Faster Processing of Cases: Cases are processed more efficiently, reducing the time victims spend in vulnerable situations.

Improved Victim Support: Victims report feeling more supported and empowered throughout the legal process.

* Reduced Recidivism: While complex to measure, some data suggests a reduction in recidivism rates among perpetrators.