Changes introduced by Law 19.580 on genderbased violence against women, to public and private administrative processes

Abstract

Law 19.580 on gender based violence against women introduces important changes in public and private administrative processes.
Article 4 of the law that defines gender based violence establishes that the conduct, action or omission, which violates the exercise of human rights or fundamental freedoms of women, must be based on an unequal relationship of power based on the gender. This expression that gives identity to the norm, and the difference from other laws that protect the recognition, enjoyment or exercise of human rights, is not defined in the law. It is a technical expression that comes from the social sciences, and more specifically from feminist doctrines, so that according to the provisions of article 19 of the Civil Code, technical words should be taken in the sense given to them by those who profess the same science or art. We will review some doctrinal opinions that investigate the concept of gender and power in the social sciences, to try to unravel the correct meaning of the definition of article 4 of the law and its scope.