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This paper proposes an identification of the main arguments suggested by certain critical theories concerning the relationship between law and power. In order to (re)think the function of law as an instrument not only of power, but as an element of social transformation, we promote here a reflection on aspects raised by these theories; among others, the same notion of power, oppression, intersectionality or decoloniality. These categories are relevant to examine how law regulates the experiences of discrimination of specific social groups, highlighting the intimate relationship between the social contexts, the premises and the legal answers. To do so, we examine in particular how asylum law responds to claims grounded on sexual orientation and gender identity. Finally, this reasoning suggests a conception of law oriented to action and the social change.

In this paper the concept of gender violence established in the Spanish Act 1/2004 on Measures of Integral Protection against Gender Violence is analysed, on the basis of the subsequent norms passed by the different autonomous regions, as well as the international conventions, such as the Convention of Istanbul. Over the years of its implementation, and due to the prominence given to its criminal provisions, a critical assessment of this normative framework is convenient to point out its insufficiencies. A fortiori, the international and regional standards of protection of victims of gender violence usually include broader definitions than the Spanish law, at the same time that these norms recognize the statute of victim to more other situations than those established by the Act 1/2004. From this analysis, a holistic and comprehensive concept of gender-based violence is proposed.