Three specialists analyse the protection of gender violence victims

Facultat de Dret.

‘Orden de protección de las víctimas y el derecho a la protección de datos personales’. This is the title of a conference that is held today Tuesday at the Universitat de València. This event will take place at 16:30h at the Salón de Grados Faculty of Law, sala Tomás Vives. Paz Lloria, Ricard Martinez and Beatriz Belando participate in this initiative.

During the sessions, three experts will address the guarantees that must be applied in the treatment of personal data in the protection and supportive public policies of gender violence victims.

First of all, gender violence is an execrable crime that involves all members of society. This is not only a private issue because it does not happen in the private life of a couple. Gender violence is an issue that concerns all of us. Why? Firstly, because it is a violent action that attacks the women dignity and takes its anger out on the weakest people, our children.  Secondly, because in a rule of law that defends the human dignity as a fundamental value, tries to achieve equal status, avoid discrimination, and heighten the value of the protection of the youth and childhood; reporting those facts, preventing the crime and protecting the victims are the first priority. So, professionals and public authorities should be able to address those crimes and, at the same time, implicate the citizens and make them powerful through the solidarity with the victims.  And for this, the training and knowledge of their categorisation and the available elements of prevention and reaction are essential. 

The comprehensive protection of the victims involves taking into account several aspects from a data protection point of view. This a right of instrumental nature related to the type of information about treatment, the characteristics derived from the context and the people whose data are addressed and the specific sector of legal system. In the case of gender violence, the right to data protection is planned over an essential element such as the victim indemnity bond which is a guarantee of the right to live and physical integrity.

On the other hand, the special nature of these situations leads to the management of private information related to the people identity, their dignity and personal and emotional stability. Therefore, when we talk about data protection of gender violence victims, we are talking about a qualified protection in order to guarantee the most essential rights for humans.  Beyond the victim, the data protection of gender violence victims affects the domestic environment.  In particular, this affects the minors. Even it can be necessary to protect the social environment such as workplace or leisure areas in which this person makes its life. So, in this case, the right to data protection operates as non-disclosure guarantee, that protects at any cost the personal identity, telephone number, workplace or place of residence.

Working with gender violence data requires a special sensitivity and care. It is necessary to train the personnel so as they can operate in compliance with the regulations.  However, at the same time, it is also necessary to know all the possibilities that the Law offers to fulfil our duty to protect the victims, follow the criminals and develop efficiently the welfare labour. But, above all, the public policies that reintegrate women, minors, the corresponding dignity and personal development.

Part of this policies involves the development of affirmative actions in the public procurement and in the support policies and grants.  The social clauses in the service and work contracts and the employment-promotion programmes can contribute decisively to the recovery of the rights of the victims, to guarantee that as a person can live in full freedom and without fear. And the same happens with financial aids and grants.  Nevertheless, the management of these policies is extremely delicate because it has to coordinate the guarantees of the exercise of the Law by the Administration with the protection of public safety. 

Contents of the conference
●”Penal aspects of the protection of the victim’s privacy”
Paz Lloria García. Tenured University Professor in Criminal Law. Director of the Chair for Citizen Protection and co-director of the Master's Degree in Rights and Gender-based Violence.
●Data protection of the victims.
Ricard Martínez. Director of the Chair for Privacy and Digital. Transformation Microsoft-Universitat de València.
●”The eventual conflict between administrative transparency and the public procurement in the protection of the victims”
Beatriz Belando. Tenured University Professor in Administrative Law. Vice-dean of Criminology. Universitat de València.
Co-director of the Master's Degree in Rights and Gender-based Violence
Director of PROTECPOL (Chair for Citizen Protection- Local Police of Valencia).
Department of Criminal Law.

 

Last update: 11 de april de 2017 07:50.

News release