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Articles received by April 30 can be published in the first semester, and those received by September 15 can be published in the corresponding second-semester issue.

Notes on the insersectionality of ethnicity and gendered criminal policies

Authors

  • José Ángel Brandariz García Profesor Titular de Derecho Penal, Universidad de A Coruña

Abstract

Gendered criminal policies, particularly prevalent in the Spanish criminal system, present clear problems in their intersectional relationship with ethnicity, due to an excessively unidimensional conception of the subject “woman”, on which they are based. Nevertheless, perhaps these policies could be justified given their practical effects. The article explores the risks of neo-racism involved in this deficient intersectional relationship, namely, the so-called culturally-motivated crime theory. Additionally, the article asks whether such policies are justifiable from an utilitarian perspective regarding criminal protection in gendered grammar.

Keywords:

gender, ethnicity, criminal policies, culturally-motivated crimes