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 provides that complaints of domestic violence must be channeled through the Permanent Attention Office. This Office is responsible for 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 Act aims to protect any persons who are victims of domestic violence, including persons having a common household. It also defines “violence” as “intentional physical, mental, sexual, economic, or other influence exerted upon a person by act or omission, due to which the person suffers physical, material, or non-pecuniary damage.” Under the Act, victims do not have to submit a private complaint, but public prosecutors must charge the offenders.
In 2008, Francisco Ramírez Irala was found guilty of domestic violence against his wife. The Justice of the Peace ordered the accused to refrain from living at their home or being within 300 meters of their house or any other place that represented a risk for the victim for a period of 60 days. The accused appealed, and the sentence was confirmed. Subsequently, the accused filed a request before the Supreme Court, alleging that the sentence caused him great harm because he was a colonel in the military with an impeccable career and was being evaluated for a promotion. Th
In 2011, Lucia Sandoval informed her husband that she had filed a domestic violence complaint and obtained a protection measure against him, which required him to leave their home. In response, Sandoval’s husband threatened her with a gun and, in her attempt to escape, a physical fight ensued, and the gun was fired, resulting in her husband’s death. Subsequently, Sandoval was charged with the intended homicide of her husband and spent over three years in prison.
The plaintiff and defendant were married in 1998 but entered into a separation agreement in 2007. They were living together, and were discussing work that needed to be done around the house when the defendant-husband requested that the plaintiff-wife look down at the door sweep. The wife bent down to look and subsequently could not recall anything that took place until she woke up around 3:00 am and found herself in bed with a “terrible headache” and extreme nausea.
The Family Violence Act (the “FVA”) broadly defines family violence to include physical, sexual or psychological abuse by a person in a family relationship with the victim, which includes spouses (including domestic partners), family members or household members. The definition of family violence expressly includes dowry abuse. The object of the FVA is to stop and prevent perpetrators of family violence and to keep victims, including children, safe from family violence.
Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence (2011)
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.
Law No. 5777 (2016) seeks to protect women from all types and acts of violence, which includes, but is not limited to; psychological, sexual, and physical violence. Its purpose is to establish prevention and protection strategies, sanctions, and integral reparation measures for violence against women. Article 4 lists the specific women’s rights that are protected under this law. In order to protect these rights and prevent all forms of violence against women, Chapter II assigns broad responsibilities for its prevention, monitoring, and discipline to various governmental institutions.
