Gender-based violence in general refers to harmful acts directed at individuals based on their gender identity or perceived gender identity. This umbrella topic includes legal resources, case law and legislation regarding physical, sexual, psychological, and economic abuse.
This memorandum discusses the use of closed-circuit television (CCTV) in courtrooms for cases where there will be child testimony. The United Nations Office on Drugs and Crimes recommends that children be allowed to give testimony through CCTV or another mechanism in order to prevent the child witness from being traumatized. Unfortunately, given the funding requirements, few countries have the facilities to use CCTV. Yet, a number of countries have statutes allowing for alternative mechanisms to prevent child victims from seeing the defendant while giving testimony.
Articles 699 through 704 of the Civil and Commercial Code define the circumstances that lead to the termination, removal, suspension, or reinstatement of parental responsibility. Parental responsibility naturally terminates at the death of the parent or child, when the child turns 18 or is emancipated, or at the adoption of the child by a third party without prejudice (Article 699).
Spain criminalizes certain behaviors contrary to gender justice, such as the practicing of abortions without the patient’s consent, and female genital mutilation. In particular, Article 149 criminalizes female genital mutilation, establishing a penalty of six to twelve years in prison. Article 173 criminalizes the habitual physical or psychological violence exercised against a spouse or partner, punished with a penalty of six months to three years of prison (regardless of the penalty for any specific acts of violence that may have occurred).
The Penal Code includes the follow aggravating circumstances if a crime involves discrimination on the basis of race, color, ethnicity, place of birth, sex, sexual orientation, sexual harassment, belief or religion, political or ideological convictions, social ideological convictions, social status or origin, or any other form of discrimination.
Articles 213-220 prohibit certain actions intended to violate someone’s honor, which include insult, defamation, and slander, and mandate penalties ranging from 6-12 months imprisonment and fines. The articles provide for increased penalties if the insults/offensive judgments offend someone’s race, color, ethnicity, place of birth, sex, sexual orientation, disease, disability, or religion.
The Guatemalan Penal Code defines parricide as the killing of any ascendant, descendant, spouse, or person with whom the perpetrator has a marital relationship. A conviction for parricide carries a penalty of 25 to 50 years of imprisonment. In cases where the nature of the act, the method of execution, and the underlying motives demonstrate exceptional gravity on the part of the offender, the death penalty may be imposed, as permitted under Guatemalan criminal law.
Article 80 of the Penal Code focuses on the types of homicide punishable by life in prison. These crimes include, among others: (i) homicide of a relative, an ex-spouse, or someone that the perpetrator was in a relationship with, regardless of cohabitation; (ii) homicide via cruelty, treachery, or insidious form; (iii) homicide of a victim with a bounty; (iv) homicide for pleasure, greed, or hate against the victim’s race, gender, sexual orientation, or gender identity or expression; and (v) homicide by a man against a woman involving gender violence (i.e., femicide).
A person who takes, hides, or imprisons a pregnant woman in order to force the woman or a third party to do, not do, or tolerate something against his or her will is subject to imprisonment of between 10 to 25 years. A person who kidnaps or hides a pregnant woman to obtain a ransom is subject to imprisonment of between 10 to 25 years. If perpetrator obtains the desired gain, the minimum penalty will be raised to eight years.
Article 173 criminalizes incest, defined as sexual relations between persons over the age of 18 who are related either directly related (vínculo filial) or collaterally, up to the second degree of consanguinity. The offense is punishable by one to three years of imprisonment. A distinctive feature of this provision is that criminal action may be extinguished if the victim grants forgiveness, which operates as a bar to prosecution.
