Silvia Vanessa Martos Lozano
DOI: 10.59427/rcli/2023/v23cs.4220-4227
The study aimed to determine the impact of the absence of procedural guarantees on victims of gender-based violence in the Peruvian State. It analyzes how the inefficacy of procedural guarantees affects women victims of gender-based violence in Peru. Despite having a robust legal framework, such as Law No. 30364 and Legislative Decree No. 1323, women face serious difficulties due to the deficient implementation of these laws, lack of resources, and the persistence of patriarchal attitudes in the judicial system. Using a qualitative approach based on grounded theory, three key concepts were identified: revictimization, lack of protection, and due diligence. Revictimization refers to the additional trauma victims experience through the judicial system and other institutional processes; lack of protection highlights deficiencies in support mechanisms, including the inefficacy of restraining orders and lack of legal and psychological support; and due diligence implies the obligation of the State to act effectively and promptly, which is not always fulfilled, resulting in a discrepancy between well-formulated laws and their practical implementation. Moreover, insufficient collaboration between the State and civil society and the lack of a comprehensive approach in public policies exacerbate the situation. In conclusion, the study underscores the urgent need for structural reforms to guarantee the effective protection of victims of gender-based violence in Peru.
Pág 4220-4227, 31 Dec
