Nödvärn - en rätt för alla? - Om kvinnors rätt till nödvärn efter våld i nära relationer

Detta är en Kandidat-uppsats från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Författare: Fanny Lundgren; [2020]

Nyckelord: Straffrätt; Law and Political Science;

Sammanfattning: Men's violence against women is a widespread problem in society that involves systematic psychological and physical violence. The normalization process of violence leads to difficulties in leaving the relationship and may ultimately entail that the woman perceives the killing of the man as the only way out. There is a discussion as to whether this act can be covered by self- defense as a basis for discharge. There are difficulties in deciding whether the man's systematic violence implies that the woman is subject to an imminent attack, which is a prerequisite for access to the self-defense provision. The woman's defense is often regarded as preventive self-defense, which does not constitute as an emergency situation and thus closes the door to a defense assessment, excessive self-defense as apologetic circumstance and discharge. The reason for the problems of the woman’s defense, is considered to be that the self-defense provision is designed according to a male conflict situation, where the underlying factors are usually not taken into account. Furthermore, decisive factors such as a woman's physical and mental inferiority that requires the man to be asleep in order for her to have a realistic opportunity to defend herself are overlooked. The prevailing problem regarding the design and meaning of the current self-defense provision has opened up a discussion about alternative solutions to discharge a woman who has been subjected to violence by the man with whom she is living in a relationship with. In the discussion, the entire context, and not just the circumstances of the moment of deed, is taken under consideration. There is still no adequate solution to the issue, however, the fact that the subject is now being discussed, entails that the legal vacuum that currently exists has been acknowledged and come into question.

  HÄR KAN DU HÄMTA UPPSATSEN I FULLTEXT. (följ länken till nästa sida)