This law serves as Paraguay’s Labor Code, which contains provisions that prohibit any gender-based discrimination in the workplace and guarantee the equal treatment between men and women, such as Articles 47 and 128. In turn, article 130 prohibits employers to assign risky labors to pregnant women. Articles 133 and 134 provide rights for lactating women, including requiring maternity leave and lactating rooms within the company.
Article 48 states that both men and women have equal civil, political, social, economic and cultural rights. Articles 49 to 59 protect the family and the rights of each member of its members. In turn, article 60 states that government authorities must promote public policies to prevent any kind of violence within the family unit. Article 89 provides for special labor protections for pregnant and lactating women, who cannot be dismissed by their employers. Article 115 supports peasant woman by allowing their participation in public debates on rural matters.
This decision promoted the systematization of complaints relating to domestic and intra-family violence. It updated the ‘Violence Registration Form’ approved by Decision nº 454 dated April 24, 2007. The form promotes a system of centralized information and, consequently, accurate statistical indicators that will help authorities to better understand and prevent violence against women.
This decision approved the creation of the specialized office referred to as ‘Secretaría Judicial de Género,’ depending upon the Supreme Court of Justice. Since discrimination can sometimes prevent women from accessing justice, the decision adopted measures designed to facilitate access to justice for women. The measures protect women’s rights and legitimate interests with the goal of achieving effective equality.
This decision ratified the content of the "100 Rules of Basel" on access to justice for people in vulnerable conditions. The incorporation of such rules guarantees equality and non-discrimination rights, facilitating the participation of people in conditions of vulnerability before the Judicial System. The decision also creates a multidisciplinary commission, to be operated under the supervision of the ‘Human Rights Directorate’ Ministry, whose main responsibility is the promotion, in a plural and coordinated manner, of these rules, so that they are generally known and adopted.
This decision established the guidelines for the institutional policy on gender for the Paraguayan Judicial Branch.
This decision provides that complaints of domestic violence must be channeled through the ‘Permanent Attention Office’ (Oficina de Atención Permanente). This Office is responsible of receiving all types of domestic or intra-family violence claims, without making any distinction based on the sex or age of the victims. Since violence against women constitutes a violation of human rights, the creation of the Office is intended to streamline judicial proceedings, serving victims of physical or mental abuse in a timely and efficient manner.
This decision resolved to implement the content of the ‘United Nations Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders,’ known as the ‘Bangkok Rules.’ The incorporation of such rules seeks for the creation of public policies aimed to eliminate discrimination against convicted women, establish legal protection of women’s rights in courts, and promote equality between women and men before the Justice Administration System.
The IV Equality Plan promotes effective equality by removing obstacles to equality and eliminating all forms of discrimination. In this regard, the Plan seeks to eliminate discrimination against women, promote equal access and participation of women in public decision-making, guarantee women a life free of violence, and create conditions that enable women to access justice free from sexist stereotypes.
This law amends Paraguay’s Criminal Code and establishes (among other things) penalties for (i) sexual harassment, article 133; (ii) domestic violence, article 229; (iii) sexual coercion, including sexual abuse without intercourse, article 128; (iv) human trafficking, article 129; (v) sexual abuse of defenseless victims, article 130; and (vi) sexual abuse of persons held in custody, children under 14, and/or persons under guardianship –articles 130, 131, 135, 136, 137 and 230.
