A preliminary analysis of the intersection between domestic violence, coercive control and migration statuses in Ireland and Spain

Autor: Judit Villena Rodó
Jazyk: English<br />Spanish; Castilian
Rok vydání: 2022
Předmět:
Zdroj: Deusto Journal of Human Rights, Iss 9 (2022)
Druh dokumentu: article
ISSN: 2530-4275
2603-6002
DOI: 10.18543/djhr.2464
Popis: This article enquires into states’ obligations to provide remedies for domestic violence when the right-claimants are in a context of precarious, insecure or irregular migration status (“migration status precarity”). Through an exploration of the laws and policies in place in two case studies, Ireland and Spain, this article questions the role of law in ensuring that barriers posed by migration statuses do not hamper women’s access to remedies for intimate partner violence. This article posits that, in the case studies examined, the criminalisation of domestic violence and coercive control does not automatically serve as an avenue to remedies when it intersects with migration status. Rather, it can be a tool of (negative) regulation of women’s right to live a life free from gender-based violence. It argues that the states’ lack of remedying an unequal access to remedies due to hurdles posed by migration statuses creates distinct categories of more or less deserving victims/survivors depending on their citizenship and migration statuses. Received: 24 June 2021 Accepted: 22 February 2022
Databáze: Directory of Open Access Journals