GENDER-SENSITIVE INTERPRETATION OF EUROPEAN LAW ON INTERNATIONAL DIVORCE IS NEEDED

Abstract

The author’s proposal is the interpretation, with a gender perspective, of the existing European regulations on the subject of international matrimonial crisis. In this scenario of the international dissolution of the marriage bond, we have in EU, on the one hand, Regulation (EU) 2019/1111, with regard to inter-national jurisdiction, and, on the other hand, Regulation (EU) 1259/2010, concerning the applicable law. Both texts have not been drafted taking into account the possible situation of the wife as a victim of gender violence. Given the lack of sensitivity of the legislator towards this reality, legal operators and doctrine must interpret the norms focusing on these possible situations so that, in these particular cases, the application of the legal texts is as protective as possible of women and let us all contribute, also from the branch of Private International Law, to fight against gender violence with the aim of eradicating it from society.