Using the justice system as a ‘magic wand:’ lessons from victims of domestic violence in Buenos Aires (Argentina)

ABSTRACT

This study offers a contribution to the literature on access to justice and legal empowerment. It presents findings from qualitative empirical legal research and explores how obtaining access to justice contributes to conflict resolution. Fifty-four in-depth interviews were conducted with victims of domestic violence who had obtained access to the Public Prosecutor’s Office of the City of Buenos Aires (Argentina) with a domestic violence complaint. The study found that these victims benefitted from obtaining access to justice even when this did not directly achieve resolution of their conflict. The benefits were related to the actions taken by legal organisations contributing to their own perceptions of being agents capable of making decisions.

KEYWORDS:

• Access to justice
• legal empowerment
• conflict resolution
• justice system
• victims of domestic violence

Disclosure statement

No potential conflict of interest was reported by the author(s).

Notes

1. England and Wales 34% (Genn 1999); US 50% (Research and Public 1994); the Netherlands 67% (van Velthoven and ter Voert 2004); and New Zealand 51% (Maxwell et al. 1999).

2. V1, 008; V1, 017; V1, 025; V2, 006; V2, 017; V2, 021; V2, 027; V2, 029; V2, 035; V2, 037; V2, 038; V2, 039; V2, 047; V2, 054.

3. V1, 008; V1, 013; V1, 017; V1, 016; V1, 024; V1, 028; V1, 030; V2, 026; V1, 027; V2, 045; V2, 052; V2, 027; V2, 047; V2, 051.

4. V1, 022; V1, 023; V1, 024; V2, 037; V2, 045.

5. V1, 014; V1, 015; V1, 026; V2, 023; V2, 029; V2, 044.

6. V–IwSP, 012; V1, 020; V2, 006; V2, 015; V2, 034; V2, 041; V2, 050; V2, 052.

7. V2, 052 (the Victim said, ‘Because the justice system is not always what it seems to be. For example, I thought that the justice system would be straight and direct and do everything fast’); V1, 024; V1, 028.

8. V1, 016 (the Victim said, “I received some instructions, that is where I got the space to become aware of my own reality, … for me it was the same as the previous years, but then when I came to Lavalle [i.e. referring to Office of Domestic Violence], when I submitted the complaint I told them ‘well this is my life.’ And there I was told to look for places where I really feel good, that I need to feel good with myself. Because the life that he offers me is not good. So that is what I had in consideration to say ‘No.’ If they want to help me, maybe I never realised it, and I accepted the help. And that is why I come here and all of that ‘And it made me [feel better] to come here and become aware of the reality I live’); V1, 013; V2, 045.

9. V2, 006; V2, 015; V2, 041; V2, 050; V2, 052.

10. V1, 050; V1, 038; V1, 002; V1, 004; V2, 049; V2, 052; V1, 021; V1, 023.

11. V2, 007; V2, 011; V2, 021; V2, 028; V2, 038; V2, 006; V2, 023.

12. V1, 033; V1, 034; V2, 012; V2, 050; V1, 008.

13. V1, 012; V1, 028; V1, 037 (expressed feeling happy with the pro bono attorney because the attorney called her all the time); V1, 008 (expressed feeling confident in the type of follow-ups the Public Prosecutor’s Office did); V2, 006 (expressed feeling supported by the Public Prosecutor’s Office because they called her frequently and provided guidance to her); V2, 050.

14. e.g. a Victim found an incentive to continue with the complaint after a call from the Public Prosecutor’s Office, V1, 034.

15. V2, 019; V1, 024; V2, 031; V1, 032; V2, 035; V–IwSP, 040; V2, 050.

16. The Public Prosecutor’s Office was not mentioned as frequently as the former, and this could be explained by the fact that interviews took place in their location.

17. V1, 012; V1, 014; V1, 021; V1, 022; V1, 024; V1, 036; V1, 050.

18. e.g. because they previously had to do other administrative paperwork there, V1, 005; V1, 026.

19. V1, 030; V2, 003; V–IwSP, 009; V2, 017; V2, 019; V2, 026; V1, 026; V2, 028; V–IwSP, 030; V2, 033; V–IwSP, 033; V1, 037; V2, 037; V–IwSP, 041; V2, 044.

20. V2, 015; V2, 017; V2, 044; V–IwSP, 005; V1, 052; V2, 052; V2, 053.

21. V–IwSP, 017 (e.g. the Victim explained to Public Prosecutor’s Office that she was waiting for her attorney to come back from vacation to request an extension of the restraining order); V2, 001; V2, 003; V1, 004; V1, 005; V1, 006; V2, 006; V2, 007; V1, 007; V1, 013; V1, 014; V2, 014; V1, 015; V2, 015; V–IwSP, 017; V2, 017; V1, 022; V1, 023; V1, 026; V2, 028; V2, 033; V–IwSP, 033; V2, 035; V2, 037; V1, 042; V1, 044; V1, 045; V–IwSP, 046; V1, 052; V2, 052; V–IwSP, 053; V1, 053; V2, 053.

22. The Victim signed a six-month agreement for a monthly payment of ARS 600, V2, 015.

23. V–IwSP, 030; V2, 031; V1, 037; V–IwSP, 042; V1, 044; V–IwSP, 048.

24. V1, 016; V1, 017; V2, 017; V1, 041; V2, 019; V2, 028; V1, 004; V1, 037; V–IwSP, 040; V1, 013.

25. Twenty-six Victims have ‘significant support provided by others,’ while eleven Victims have ‘support provided by others, yet not significant,’ and two Victims have ‘no support.’

26. V1, 001 (boyfriend and office colleagues); V–IwSP, 002 (sisters); V–IwSP, 004 (social network); V–IwSP, 011 (family and two friends); V–IwSP, 014 (family, friends, psychologist); V–IwSP, 030 (family, friends, psychologist); V–IwSP, 019 (family, friends, psychologist); V–IwSP, 015 (family members); V–IwSP, 026 (friends); V–IwSP, 023 (family and husband, note: the accused was her brother); V–IwSP, 021 (family and friends); V–IwSP, 024 (family); V–IwSP, 017 (family, psychologist, lawyer, friends); V–IwSP, 018 (family, friends, office colleagues); V–IwSP, 033 (family and office colleagues); V–IwSP, 037 (family and psychologist); V–IwSP, 042 (friends and children); V–IwSP, 040 (family and friends); V–IwSP, 045 (family and friends); V–IwSP, 046 (family); V–IwSP, 052 (husband, family, psychologist, note: the accused was the boyfriend of her 17 year old daughter); V–IwSP, 054 (family and friends); V–IwSP, 053 (family and friends); V–IwSP, 034 (family); V–IwSP, 049 (family and friends); V–IwSP, 044 (neighbour and friend, because the family lives in Bolivia).

27. e.g. the Victim expressed during the first interview that she had a friend who supported her. During the second interview, she mentioned not seeing that friend any longer and believed her friend did not want to see her anymore because she returned to the accused, V2, 037.

28. The Victim lost a child between the first and second interview and had to spend time in hospital. During this period she regained her relationship with her family, and since then the family has become a big support for her, V2, 051.

29. In file with the author.

30. The sample can be divided as follows: three Victims are below 20 years of age (17-represented by her mother age 39-, 18, and 19). Thirteen Victims are in their twenties (22 two, 23 two, 24, 25, 26 two, 28 two, 29 three). Thirteen Victims are in their thirties (30 two, 31, 32 three, 36 two, 37, 38 two, and 39 two). Twelve Victims are in their forties (40, 41, 42, 43 four, 44, 45, 46, 47, 49). Five Victims are in their fifties (50, 52, 55, 57, and 59). Two Victims are in their sixties (68 and 69). Six did not answer to the question.

31. The sample can be divided as follows: unfinished primary education ≥ 6%; completed primary education ≥ 12%; unfinished secondary education ≥ 14%; finished secondary education ≥ 20%; unfinished tertiary education ≥ 10%; finished tertiary education ≥ 10%; unfinished university education ≥ 16%; finished university education ≥ 8%.

32. The sample can be divided as follows: 27% have 1 child ≤ 57% have 2 children, 8% have 3 children, ≤ 3% have 5.3% have 7, and 3% have 9 children.