Glossary entry

Spanish term or phrase:

Violencia vicaria

English translation:

Vicarious violence

Added to glossary by Elisabeth Espinosa
Jun 26, 2022 22:14
1 yr ago
58 viewers *
Spanish term

Violencia vicaria

Spanish to English Law/Patents Law (general) gender-based violence
I am translating an abstract into English and the term "violencia vicaria" is used as a keyword. I am having a hard time trying to find the correct translation since this legal term does not exist in English, as far as I know.

Could a translator specialised in legal documents help me with an accepted translation?
Change log

Jun 26, 2022 22:16: Elisabeth Espinosa changed "Language pair" from "German to Spanish" to "English to Spanish"

Jun 26, 2022 22:36: Juan Jacob changed "Language pair" from "English to Spanish" to "Spanish to English"

Votes to reclassify question as PRO/non-PRO:

Non-PRO (1): philgoddard

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Discussion

Lucy Breen Jun 29, 2022:
Context I take your point AllegroTrans. Though I was providing some context to my suggested translation (not the question itself). Thanks to all for your contributions.
AllegroTrans Jun 28, 2022:
It's only the Asker... who can add context; your expreience may be relevant Lucy but we really need to see some of Elisabeth's text
Lucy Breen Jun 28, 2022:
vicarious violence Just wanted to add some context (I didn't have time yesterday). From my experience interpreting in social services / family law settings - "vicarious violence" co-exists with domestic abuse/ gender-based violence. It is violence that is experienced vicariously (e.g. a child witnesses his/her mother being mistreated or abused). It is also be used to refer to violence viewed online or on TV.
Hope this helps.
AllegroTrans Jun 27, 2022:
Context Casual googling of this term leads to references both to domestic violence situations and to the victimisation of populations. As it is not clear from the question - which doesn't even contain any of the asker's text - what this is referring to, I think we are working somewhat in the dark.
Elisabeth, can you help please? Some of your text containing the term would be really useful
Toni Castano Jun 27, 2022:
Summarizing... @Jennifer. I was referring to Spain: Here "violencia vicaria", I repeat, can never be "violencia de género" for the simple fact that the latter cannot be exerted by a woman, only by men, according to the Spanish law. As for your comment to my "sarcasm", the interpretation of what I meant by that is obvious to me (not sure if to you too): "Gender-based violence DOES not exist as a crime applicable to women in Spain", since it can only be exerted by men, only by them. As simple as that.
This being said, the query deals with how to translate "violencia vicaria" into English. And in this respect, I have already expressed my opinion.
Jennifer Levey Jun 27, 2022:
@Toni (OT, here on Proz) "but NEVER the "gender-based violence" (= violencia de género), which is an "exclusive domain" of men (may my sarcasm be admitted)."

Regardless of how one reacts to your 'sarcasm', the simple fact is that violencia de género is the 'exclusive domain' only of those - be they male, female or 'other' - who use 'gender', in all its ramifications, as a presumed justification for exercising violence in their dealing with others.
Toni Castano Jun 27, 2022:
@Jennifer Thanks for your feedback. Yes, it is essential to know what we are speaking about here. The point I made is as clear as water: If someone assimilates "violencia vicaria" to "violencia de género", they are going a very dangerous, i.e. wrong way, since "violencia vicaria" can also be exerted by a woman, but NEVER the "gender-based violence" (= violencia de género), which is an "exclusive domain" of men (may my sarcasm be admitted).
Jennifer Levey Jun 27, 2022:
@Toni The Ley Orgánica 1/2004, de 28 de diciembre which seems to be the basis of the "definition" (or rather, one lawyer's interpretation of...) violencia de género would be seen by many folk - of all genders, family circumstances and lifestyles - as sexist, discriminatory and hopelessly out of touch with the realities of those who perpetrate and suffer from violencia de género in 2022.
That said, the conclusion you draw is valid: violencia vicaria does not necessarily involve violencia de género.
Toni Castano Jun 26, 2022:
Violencia vicaria: What is this? Adrian´s pertinent distinction between "domestic violence" and "gender violence" must also be addressed in this context. The following link explains the difference between these two types of violence (in Spain):
https://www.eliasymunozabogados.com/blog/diferencia-violenci...
¿Qué es la violencia de género?
La definición de violencia de género es muy clara. Hace referencia, única y exclusivamente, a la violencia perpetrada por un hombre contra una mujer por el mero hecho de serlo. Por tanto, se sobreentiende que hay un componente discriminatorio en la agresión, así como de desigualdad y subordinación. Es decir, a través de ella, el sujeto masculino ejerce una relación de poder sobre el femenino.

Needless to say, the "violencia vicaria" can also be exerted by a woman to damage her husband/partner... So "violencia vicaria" CANNOT be "violencia de género" (= gender-based violence).
HTH
AllegroTrans Jun 26, 2022:
Context please Which country is this from and can you please post at least one complete sentence containing the term

Proposed translations

+4
11 hrs
Selected

Vicarious violence

I would go for a direct translation.
Peer comment(s):

agree neilmac : https://www.janetanscombe.com/news/vicarious-violence-when-m...
16 mins
agree patinba : It most cerainly exists.
3 hrs
agree Elizabeth Joy Pitt de Morales : Correct. https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:C...
11 hrs
agree AllegroTrans : short of missing context, this direct translation is the only sensible way to go
1 day 2 hrs
Something went wrong...
4 KudoZ points awarded for this answer.
+2
1 hr

abuse by proxy

https://www.verywellmind.com/what-is-abuse-by-proxy-5235269

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Note added at 1 hr (2022-06-26 23:29:36 GMT)
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https://www.urbandictionary.com/define.php?term=abuse by pro...
https://www.saveservices.org/2021/09/what-is-domestic-violen...
and many others...
Peer comment(s):

agree Andrew Bramhall : Considerably more likely than the confused offering below;
24 mins
agree François Tardif
3 hrs
Something went wrong...
1 hr

domestic violence by proxy (E&W) by transferred malice or intent

> rather than gender-based violence, as in Taña's reference and Barbar C's agree.

The doctrine of 'transferred malice or intent in English criminal law - a popular, but unfairly advanced law-degree topic to spring in UK Oxbridge law-course interviews e.g. with reference to violence inflicted on the mother of an unborn child - ought to be considered.

Example 1. A's firework thrown into a crowd injures B, an innocent person: A is guilty by transferred malice

2. Raging father A. intends to hit his wife B but strikes their or her own child C instead. Arguably IMO, A. is again guilty of transferred malice or intent.

The father-child scenario is a fuzzy match but IMO still within the parameters of transferred malice in English & US law : 'the intent follows the bullet'..

Note: 'this legal term does not exist in English' calls up 3 permutations & combinations 1. there is an equivalent but it is obscure or 'arcane' to some who have 'forgotten' the term 2. there is a fuzzy match that calls for a literal translation and an explanation or 3. and rarely, there really isn't an Anglo-American equivalent, especially when it comes to culinary terms and cooking recipes.



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Note added at 1 hr (2022-06-26 23:30:07 GMT)
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Barbara C's agreement...
Example sentence:

Documentaries Focus on 'Domestic Violence by Proxy' https://www.domesticshelters.org › ... Diese Seite übersetzen 27.01.2017 — Two new documentaries show what happens when abusers try to alienate one parent from their children.

DV Proxy is a pattern of behavior where a parent with a history of using domestic violence, or intimidation uses the child (as a substitute) when s/he does not have access to the former partner.

Peer comment(s):

agree Toni Castano : Also my note: "Violencia vicaria" is not included as a crime in our Criminal Code as of June 2022. The term was coined by the psychologist Sonia Vaccaro over 30 years ago and is gaining momentum in Spain now due to some horrendous violence cases.
23 mins
Thanks, Toni. I know about the 'murdered Spanish brides' demos of yesteryear and today, even if reported by the 'Grauniad' https://www.theguardian.com/world/2019/sep/20/mass-protests-...
disagree Andrew Bramhall : All domestic violence IS gender-based, and your note:" this legal term does not exist...." is deeply confused, not to mention contradictory;
25 mins
Another misleading, categoric gender-based comment. So read *carefully* Toni C's comments. Otherwise, when translators claim a translation for a term does not exist, often it does. Cut to the long-established term of 'transferred malice' you didn't know.
neutral Jennifer Levey : violencia vicaria is a generic term which does not necessarily imply any 'domestic' context.
28 mins
Then you ought to have at least had the courtesy to acknowledge the all-embracing 'transferred malice' term of art that is obviously new to you. Otherwise, pls. re-read Toni C.'s comments re domestic vs. gender-based violence.
Something went wrong...

Reference comments

15 mins
Reference:

Refs.

IMO, the term "vicarious violence" is a calque at best and perhaps would be best explained with the use of a TN's note, i.e. a type of gender-based violence by proxy aimed at at harming a partner by using children as pawns.

The Spanish press are referring to it as violencia vicaria, a type of gender violence by proxy which is aimed at harming a partner where it hurts most – by inflicting damage on their children.

https://es.wikipedia.org/wiki/Violencia_vicaria
La violencia vicaria (a veces denominada violencia por sustitución)​ es un neologismo aplicado en el ámbito de la violencia de género que denomina a una forma de violencia por interpósita persona por la que un progenitor ataca a una hija o un hijo con el objetivo de causar dolor a la madre.
La violencia vicaria se ha definido como un tipo de violencia ejercida por un progenitor maltratador como instrumento para causar daño a una madre utilizando a sus hijos e incluso a los descendientes en común, que puede llegar, en casos extremos, a terminar con la vida de estos.1​8​9​10​ Normalmente se ejerce sobre menores de edad,​ pero también puede llevarse a cabo sobre cualquier otro bien o sujeto que sea apreciado por la mujer maltratada.

June 13, 2021 - the jfa human rights journal https://www.thejfa.com/hrn/june-13-2021
The news shocked the country and exposed one of the worst types of gender-based violence in Spain; what the press has named ‘violencia vicaria’ or ‘vicarious violence’. This is a kind of gender-based violence by proxy where abusers hurt their children in order to hurt their partners or ex-partners. Since 2013, 39 children have been murdered by their biological fathers in Spain.


Girl found dead in Spain: why do some speak of "vicarious violence ...https://newsrnd.com/news/2021-06-20-girl-found-dead-in-spain...
violencia vicaria. ” (vicarious violence). A term taken up and even integrated into the State Pact against gender violence signed in Spain in 2017.

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Note added at 3 hrs (2022-06-27 01:24:32 GMT)
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According to the U.N. definition: "Gender-Based violence refers to harmful acts directed at an individual based on their gender. It is rooted in gender inequality, the abuse of power and harmful norms. Gender-based violence (GBV) is a serious violation of human rights and a life-threatening health and protection issue." IMO, it is simply NOT any kind of "abuse" which is an oversimplification.

What are the 4 types of gender violence?
physical violence. verbal violence (including hate speech) psychological violence. sexual violence.


What is gender-based violence? | European Commission https://ec.europa.eu/info/policies/justice-and-fundamental-r...
Gender-based violence is violence mainly committed towards women and girls, including rape, harassment, and female genital mutilation.

Note: However, men do experience gender-based violence too!

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Note added at 14 hrs (2022-06-27 12:33:39 GMT)
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More: (Relative to Spain):
Vicarious violence … when men kill their own children simply to hurt women
11 JUNE 2021
Spain has a new type of crime, sadly only in terms of its nomenclature. Pedro Sánchez, Spanish PM, gave it the name … no longer Violencia Machista, Male Violence (against females) itself effectively a renaming of Violencia de Genero (gender violence) because it is routinely men who assault women and, in terms of fatal assaults, it’s virtually 100%. Now, however, we also have Violencia Vicaria, vicarious violence … a form of Violencia Machista where the children are hurt to hurt the mother. This must not be Olivia’s legacy but it must be one component of the way women can reclaim from men their right to life, and the life of their children.

As Sánchez said only today, Spain is living yet another black day through this sort of violence. Not only the discovery of Olivia’s body but another woman, Rocío, killed by her male partner. She was 17 years old, from the Seville area, and was murdered by her “ex-boyfriend” who presumably didn’t like the fact that she had a mind with which to reject him, something she clearly did for very good reason but tragic result as he has now confessed. https://www.janetanscombe.com/news/vicarious-violence-when-m...

Spanish law: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2018-11883#:~...

n) La violencia vicaria es la ejercida sobre los hijos e hijas, así como sobre las personas contempladas en las letras c y d del artículo 1 bis, que incluye toda conducta ejercida por el agresor que sea utilizada como instrumento para dañar a la mujer.

ñ) La violencia que se ejerce a través de medios de comunicación o publicidad, que fomente o incentive la discriminación por razón de sexo o utilice la imagen de la mujer con carácter vejatorio o discriminatorio o incorporando mensajes que la promuevan.

o) Cualquier otra forma de violencia contra las mujeres que lesione o sea susceptible de lesionar la dignidad, la integridad o la libertad de las víctimas comprendidas en el objeto y ámbito de aplicación de la presente Ley.»
Peer comments on this reference comment:

agree Barbara Cochran, MFA : Yes, genddr-based violence by proxy.
2 mins
Thanks Barbara.
agree philgoddard : This is an answer, not a reference entry.
38 mins
Thx.
neutral Toni Castano : Hi Taña, please read my comment above in the discussion area about "gender-based violence". Regards. // From your own link: "Violence against women is understood as a violation of human rights and a form of discrimination against women (...)".
1 hr
Toni, "gender-based violence" (U.N. definition) is not the domain of men only (discussion box) an. I have included additional references to highlight this.
agree Andrew Bramhall : Agree with Phil's comment too;
10 hrs
Thank you. However, I believe it is my choice (I think I have that right to decide and I am not chasing points) as I knew that this topic would provoke a great deal of discussion.
agree abe(L)solano
14 hrs
Thank you Abe.
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