Domestic and intimate partner violence

This law extended the powers of authorities in investigations of alleged crimes of violence against women as well as amended the domestic violence and food assistance provisions, as contained in articles 229 and 233 of the Criminal Code.  With the issuance of this law, the prosecutor is allowed to engage in investigations of the aforementioned crimes at the moment it learns from the conduct in any manner, thus, the prosecutor no longer has to wait until someone presses charges to start the correspondent investigations.

Law 27696, the Mandatory Medical Program of National Social Works for the integral treatment of victims of gender violence, was enacted on November 10, 2022, to grant medical and preventative treatment for victims of gender-based violence through the Mandatory Medical Program (PMO) (Article 1). To achieve its objective, Law 27696 requires all healthcare institutions, at the national and local level, to adopt plans that monitor gender-based violence and grant adequate measures to address it (Article 2).

This law aims to develop article 42 of the Constitution which establishes standards to prevent, remedy, and punish domestic violence. The Law stipulates the behaviors considered violative of structured harmony/unity within a family, protective measures against domestic violence, medical and physiological assistance for victims, and sanctions by the courts against the aggressor.

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.

Legislative Decree No. 132-97 (the “Act”) declares that the State is committed to protecting the physical, patrimonial, and sexual integrity of women against any form of violence by their spouse, former spouse, partner, ex-partner or any similar relationship. The Act is significant because it was the first time the State passed a law requiring the protection of women against domestic violence. In addition, it called on the State to adopt public policy measures necessary to prevent, punish, and ultimately eradicate domestic violence against women.

Law on the Right of Women to Eradicate Gender Violence, last amendment: August 7, 2023 (Autonomous Community of Catalonia)

Law 5/2008, of April 24, 2008, on women’s right to the eradication of gender violence recognizes the right to recovery and comprehensive reparations for women and introduces the concept of gender violence prevention.

This law promotes protection for victims of domestic violence who have suffered physical or psychological aggression from any of the members of the family, whether or not they cohabitate. Protection orders, as precautionary measures, shall be granted by a ‘Peace Judge’ (Juez de Paz). This law also regulates other support measures for the victim-survivor, such as the immediate attention and health care by the public health agencies.

Uruguay passed Law No. 17514 of July 2, 2022 with the goal of preventing, detecting and eradicating domestic violence (Article 1).

Its objective is to prevent, sanction, and reduce domestic violence and protect victims, especially woman, elders, and children. It defines domestic violence as physical acts and physical abuse committed by a person having a family bond with the victim.  The Family Tribunal has jurisdiction over cases where the conduct does not qualify as a crime (according to the Criminal Code) and no prison penalties may be imposed.

Law No. 21,325/2021 governs migration and immigrants in Chile and includes specific provisions to protect foreign women from gender-based violence and discrimination. The State is required to ensure that migrant women are not discriminated against or subjected to violence at any stage of the migration process. The law also guarantees their access to institutions and protection mechanisms that safeguard their well-being. Special protection is granted to pregnant women, victims of human trafficking, victims of gender-based or domestic violence, and persons subjected to migrant smuggling.