Historical Evolution and Human Rights

From Property to Dignity: The Historical Legacy

In order to understand the current complexity of domestic violence, it is essential to carry out a legal and social archeology that reveals its foundations.

Historically, what we now classify as a serious crime, in the past was not only an accepted practice, but also normative and essential to the social structure of the time.

If we analyze the roots of our civilization, particularly under Roman law, we find that the concept of domestic violence was non-existent in the modern legal sense, since the family operated under an absolute vertical hierarchy.

The figure of the paterfamilias exercised total power over the life and death of the members of the household, who were not considered subjects of law, but "property" or appendages of his authority.

In these ancient societies, eliminating a descendant for being born with a disability or for being considered an economic burden was not a crime, but a pragmatic decision for the survival of the clan.

This objectification extended to women: until just a few decades ago in many Western legislations, married women lacked patrimonial autonomy, passing the administration of their assets and vital decisions to the spouse at the time of marriage.

This historical legacy has left a deep cultural imprint that even today makes intervention difficult, since violence was understood as a private and necessary method of "correction" rather than an aggression.

The actual paradigm shift is an extremely recent development in the human timeline, emerging with the evolution of Social States of Law that reverse this pyramid of power to protect the vulnerable.

Violence as a Violation of Human Rights and Due Diligence

The qualitative leap in the fight against this scourge occurs when it is no longer considered a "private domestic matter" but is reclassified as a serious violation of human rights and fundamental freedoms.

Under current international law, when a person is subjected to mistreatment, humiliation or coercive control in his or her own home, inalienable rights are being violated: the right to life, to physical and moral integrity, to liberty, to personal security and to freedom from torture and cruel treatment.

This approach elevates the seriousness of the act, transforming it from a conflict of passion to an attack on human dignity.

Fundamentally, there are supranational legal instruments that oblige States to act under the principle of "due diligence".

This has a critical implication for professionals: public institutions (police, justice, health) cannot maintain a passive or neutral stance.

Inaction, bureaucratic inefficiency or re-victimization in the face of a case of domestic violence constitute, in themselves, a violation of human rights by institutional omission.

Therefore, guaranteeing a life free of violence is not only about protecting physical survival, but also about ensuring full personal development, which is systematically amputated in abusive environments.

Summary

Historically, domestic violence was an accepted normative practice under Roman law. The figure of the "paterfamilias" exercised absolute power over household members, who were considered property without rights.

The current paradigm shift reclassifies these aggressions as serious violations of human rights. It is no longer considered a private matter, but an attack on dignity and integrity.

International law now requires States to act with "due diligence". Institutional inaction in the face of abuse is considered a violation of rights by omission, requiring active protection.