Abstract

LIN CHING C., Ronald. Propuesta de valoración del daño psicológico en materia de violencia doméstica. Med. leg. Costa Rica [online]. 2003, vol.20, n.2, pp.53-67. ISSN 2215-5287.

Under the idea that in order for psychological damage to be established, even in its severest consequences and with its legal acknowledgement, there has to be an evident pathology that can be seen by everyone, and even worse, that it has to be a lineal permanent illness; knowing for a fact that this pathology does not have that kind of conduct, and that the most important medical institution in the country serving people, the CCSS, has clearly recognized the handicap of this psychic problems; nonetheless, the important topic of the psychological damage is absent in our jurisprudence, although the physical and psychological integrity are an indissoluble unity in the person and should be a recognizable and valuable dimension that has to be protected by the law and by psychological health care. In this essay we focus your attention on the undermining regarding our juridical and medical protection, especially in criminal processes due to intrafamilial violence and gender lesions, produced by an identifiable illicit act, in the relationship of power which exists against the woman, justified by cultural and social schemes which are made invisible, or ignored by the operators of the law, rather than by the law itself.

Keywords : Mental illness; psychological damage; domestic violence; jurisprudence; juridique protection; gendre; socialisation; invisibilization.