The court reviewed a decision made by the ‘Family Commissioner’ (Comisario de Familia) and endorsed by the Family Judge (Juzgado de Familia), denying the plaintiff’s request for precautionary measures against the defendant, based on physical and psychological aggressions. The Commissioner estimated that there was not enough evidence as to affirm that the risk to the plaintiff’s life or integrity. Given the parties’ mutual aggression, the Commissioner advised the couple to cease all acts of violence against each other. The plaintiff alleged that the Commissioner did not take into consideration a medical report by the Institute of Legal Medicine (Instituto de Medicina Legal) acknowledging the existing risks to the plaintiff’s physical integrity. The judge who initially heard the case endorsed the Commissioner’s decision. The Constitutional Court ultimately overturned the court’s decision based on the special protections granted to women in the context of domestic violence. Such special protection arises out of the historical disadvantages that women have had to face within society, especially within the family environment. On this note, the Court ruled that any failure by the competent authorities to provide protection measures against domestic violence violates the fundamental rights of women, understood as a vulnerable group within society.
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