Gender violence, migration, and family structures

challenges forcriminal law

Abstract

Gender-based violence, migration, and changes in family structures are interconnected phenomena that exacerbate women's vulnerability. This form of violence, deeply rooted in patriarchal systems, particularly affects migrants, who face risks such as human trafficking, labor exploitation, and sexual violence. Problems can be exacerbated by discrimination, irregular immigration status, and cultural and linguistic barriers, which limit their access to justice and protection services. In migration contexts, traditional family roles often undergo transformation. This situation can generate tensions that foster violence, especially when women assume leadership roles or face social and economic pressures. Therefore, criminal law faces significant challenges in this area. Thus, although the Criminal Code punishes certain forms of gender-based violence, it does not criminalize others where these factors are present. Furthermore, the criminal system tends to focus on punishment, neglecting prevention and comprehensive care for victims. Finally, bureaucratic barriers, such as a lack of translators and cultural insensitivity, coupled with the fear of deportation, make it difficult for migrant women to report these actions. To address this situation, it is necessary to adopt an interdisciplinary approach that considers the interactions between gender and migration status. Proposals include strengthening international legal frameworks, implementing public policies with a gender and migration perspective, and developing prevention and supranational cooperation strategies to ensure the effective protection of migrant women and build more just and equitable societies that respect human rights.