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violencia intrafamiliar

Constitución de la República de Paraguay

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.

Decisión 1247 de junio 5, 2018

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.

Ley 1160 de noviembre 26, 1997 (modifica el Código Penal)

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.

Ley 599 de julio 24, 2000 (Código Penal Colombiano)

This law serves as the basis for the Colombian Criminal Code, it enumerates conducts that constitute crimes and their sanctions. The code sets forth several gender-related crimes. Article 104A criminalizes femicide, meaning the killing of women because they are female. Article 123 sanctions people who forcibly terminate a pregnancy. Article 187 prohibits forcing in-vitro treatments on women against their will. Article 229 regulates domestic violence offenses.

T.O. vs M.C. (SP2251-2019; Expediente 53.048)

The defendant was convicted on charges of domestic violence and sentenced to 72 months of imprisonment. The plaintiff accompanied a friend to the bus station, where the defendant, her ex- partner, insulted and physically attacked her. One of the plaintiff’s daughters intervened and the defendant ceased. The defendant appealed his conviction and requested judicial review on the grounds that they were no longer a couple, therefore, the conduct did not qualify as domestic violence.

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