JUSTICE AND DISABILITY: BARRIERS TO ACCESS FOR WOMEN VICTIMS OF GENDER-BASED VIOLENCE

López J.J.M.; Broncano L.C.S. · Revista Direito e Sexualidade (2026) · DOI: 10.9771/rds.v7i1.69342

Resumen

This article examines the global and Peruvian normative frameworks regarding the rights of persons with disabilities and their access to justice, specifically in the context of women who have experienced gender-based violence (GBV). The objective is to identify the barriers they face within the judicial system. A qualitative method based on a comparative case study design was employed. International and Peruvian national normative documents were analyzed. Alongside the regulatory analysis, four semi-structured interviews were conducted with victims in Metropolitan Lima. To isolate disability-specific barriers, the sample included one woman with a disability and three without, thereby contrasting intersectionality against the general structural failures of the system. A thematic analysis was applied. The analysis of the international and national legal frameworks reveals a legal obligation towards nondiscrimination and equal rights for women with disabilities who are victims of GBV. However, the interviews identified significant obstacles in obtaining justice: 1) Limitations in the physical accessibility of spaces; 2) Deficient communication and scarce information regarding judicial processes; 3) Lack of knowledge about the mechanisms for filing complaints; and 4) Deficiencies in institutional support, including the lack of accompaniment, secondary victimization (revictimization), and absence of follow-up. Conclusions: A profound discrepancy exists between legislation and reality. It is imperative to implement a comprehensive reform of the Peruvian judicial system that ensures effective access through adapted infrastructure, accessible communication, specialized training, and specialized protocols. Este trabalho está licenciado sob uma licença Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Instituciones: Universidad Nacional Mayor de San Marcos; Universidad de San Martín de Porres; Universidad César Vallejo