Law 1/2015, 15th January, to the eradication of gender violence and the domestic violence law 1/2015, 15th January, to the eradication of gender-based violence and of domestic violence since the General Council in its session of 15 January 2015 has approved the following: Law 1/2015 , 15 January, for the eradication of gender violence and domestic violence preamble in recent years societies have become aware of the drama of gender-based violence and of domestic violence and its consequences; for this reason, both in Europe and in the International has begun to work to eradicate and prevent this type of violence. The Principality of Andorra, this European and international leadership, it has adhered to the agreement of the Council of Europe on the prevention and the fight against violence against women and domestic violence.
The Organization of the United Nations in the IV World Conference of 1995 was to recognize that violence against women is an obstacle to achieving the goals of equality, development and peace, and that the enjoyment of human rights and undermines and violates fundamental freedoms. In addition, defined widely as a manifestation of the historically unequal power relations between women and men.
Faced with this social and institutional paradigm has been considered it was the right time for Andorra to approve a law for the prevention and eradication of these types of violence, but not only to comply with the international and European commitments, but also to pay our own Constitution and provide a legislative response to the social needs of the moment.
In this context, then, talk about gender-based violence and of domestic violence means place ourselves in front of a problem of great magnitude that encompasses multiple perspectives that require equally multiple responses pluridisciplinàries.
In recent years the problem of domestic violence has received a special treatment through Law 91/2010 of 16 December, which has been echoed from the guidelines and recommendations from international organizations, before the rejection that in recent years it has shown in this type of violence. Likewise, the current Criminal Code, the code of criminal procedure, the law of marriage with its subsequent amendments and the qualified law on immigration with its subsequent amendments complete the legal framework for the protection of gender violence and domestic violence. It is important to stress, however, that the Ministry responsible for the health and well-being was put into operation in 2006, the team of comprehensive care for women, so that University, which aims to ensure the attention to victims of gender violence in Andorra, as well as to their children.
Although it seems obvious to state that gender violence is not the same that domestic violence, since a point clearly to the genre and the other, to the family as subjects of reference, it must be recognized that the Habitat is conducive to the exercise of its own domain relationships of both types of violence. The family-run habitat becomes a risk, not only to the nature and complexity of the affective and sexual relationship, by its intensity and its privacy, but, above all, because it constitutes a privileged space for the development of traditional gender roles. Gender violence and domestic abuse are not only a problem that affects the private sphere, on the other hand, are manifested as the most brutal symbol of inequality existing in our society.
The prevention of both types of violence is focused by law a comprehensive, multidisciplinary way, starting with the process of socialization and education. The conquest of equality and respect for human dignity and freedom of the people should be priority objectives at all levels socializing. To get a comprehensive prevention, has designed a law in which prevention is the cross axis of the policy in order to promote a change of attitude and eliminate behaviors that allow us to legitimize or incite violence against women and domestic abuse. With this preventive actions have been implemented a mentality from the academic, social and health education and employment, and the same media because, as strategic sectors and with the help of the public powers, can establish a culture that does not allow discrimination linked to gender violence and domestic abuse and promote attitudes in favour of the peaceful resolution of conflicts and respect for gender issues. In addition, he has designed a comprehensive intervention on the victims of these types of violence to avoid and prevent that go back to being victims of bullies. For this reason, the law includes measures of detection of situations of risk, intervention, support and protection. The aim is to achieve a complete recovery of the victim to avoid the revictimització. And in this prevention could not miss the measures aimed at the aggressors, with the aim of changing the patterns of conduct and to avoid new cases of violence. In the trade and it is important to stress that the policy creates the National Commission for the prevention of gender violence and domestic abuse, the main function of which is to ensure compliance with the law, and ensure the effective coordination and collaboration between all the departments of the Administration that have the function directly or indirectly to act in cases of gender violence and domestic mainly to achieve the necessary coordination and communication between the various people involved in these processes. And ends with the capture of Defense, protection and the necessary protection of the Court to cases of gender violence and domestic violence.
The law is divided into five (5) chapters, twenty-five (25) articles, two (2) additional provisions, two (2) transitional provisions, and three (3) final provisions.
Chapter first. General provisions Article 1 object of the law 1. This law is intended to act as a comprehensive way to prevent and combat gender violence and domestic violence.
2. This Act establishes the rights of the victims and awareness-raising measures, prevention, training, research, intervention, protection and legal guardianship in order to respond to the needs of victims of any manifestation of gender violence or domestic violence.
Article 2 Definitions
1. Gender-based violence: refers to any form of physical or psychological violence exercised against any person by reason of sex or gender that involves or may involve damage or suffering physical, sexual, psychological or economic, as well as the threat of carrying them out, coercion or arbitrary deprivation of liberty, both in the private sphere as well as in the audience. Gender-based violence is a form of discrimination that involves a violation of human rights.
2. Domestic violence: refers to all acts of physical violence, sexual, psychological or economic that occur within the family, home, or between spouses or common-law couples, former or current, regardless who the author of the crime share or have shared the same home that the victim.
3. Sexual Assaults: Are an expression of disparity of powers. Consist of the use of physical and sexual violence exercised against a gender and minors of age which is determined by the premeditated use of sex as a weapon to abuse, and is practiced from a position of power (rape, incest, marital rape, sexual harassment, sexual exploitation, etc.).
4. Victims: in accordance with this law is considered a victim of the person the subject of some of the types of violence described in the preceding sections, regardless of age, as well as his daughters and their children under age.
5. secondary Victimization: The secondary victimization is understood as the additional abuse played against the victims as a direct or indirect consequence of the qualitative or quantitative-deficits-desencertades interventions carried out by the responsible agencies such as social services, health services, legal system, media, police service, etc., in which the sufferer experiences a new violation of their legitimate rights. These interventions involve emotional harm to victims.
6. Protocols: special rules in the case of gender violence or domestic violence established by each area of intervention to ensure the homogeneity and quality in the provision of assistance and protection.
7. collaboration Guide: Is the document produced by the National Commission for the prevention of gender violence and domestic guarantees the ordering of the actions of the ministries and departments of the Administration involved in prevention, assistance and prosecution of gender violence and domestic violence.
This guide includes the collaboration protocols of each area of intervention, which provide the necessary measures to avoid duplication of resources and services and establish mechanisms for collaboration to offer the victims of gender violence or domestic abuse, along with work on a network, a comprehensive and coordinated action between the ministries and the professionals involved.
8. Technical Service meeting points: is the service designed to attend and to prevent the conflicts that arise in family relationships and, in particular, on the compliance with the regime of visits of the daughters and the children set out in the process of separation and divorce of the parents, in the process of adoption or modification of measures paternofilials, as well as in the event of exercise of guardianship on the part of the administration. Technical support for meeting points must be carried out in a place ability and with qualified professionals on gender and domestic violence. Aims to protect children and prevent family disputes. The service may consist of supervised periods or supervised or exchanges.
Article 3 scope of application 1. This law is applied throughout the territory of the Principality of Andorra and is obligatory for all public authorities, natural or legal person, public or private, according to the terms established in the same law.
2. All victims of gender violence or domestic violence who live in the Principality of Andorra, regardless of their origin, relationship, sex or any other condition or personal or social circumstance, have guaranteed the rights specifically recognized in this law.
In any case, you must respect the rights of foreigners established in the treaties and international agreements in force.
Article 4 guiding principles the guiding principles that should guide the content and application of this law are as follows: a) the prevention as fundamental and transversal axis: the design of the policies and actions that have been taken with the aim of preventing and avoiding actions, omissions, or behaviors of gender violence and domestic abuse. That's why they have to design strategies that promote a change of attitude on the part of society in relation to the prevention and eradication of such actions, omissions, or behaviors, and to promote strategies for the protection and empowerment of victims to avoid revictimització situations.
b) comprehensive Intervention: the intervention to prevent and combat situations of gender violence and domestic abuse should be interdisciplinary and multidisciplinary, and should encompass from the detection up to full recovery. The professionals involved must certify a specialized training in each case, as well as specific training to attend to the minor, in the event that you have to intervene on this group, and work in a coordinated manner and in order to avoid secondary victimisation network.
c) of gender mainstreaming: the policies and actions that have been carried out have to approach when necessary from the perspective of gender in order to eliminate the social discrimination and sexist behaviors that foster gender violence and domestic abuse, or other discrimination and inequalities, and that allow this violence or discrimination is a mechanism to control the victim.
d) citizen participation: the actions carried out have to promote the creation and the collaboration and participation of the organisations, trade unions, associations and organisations from the civil society act against gender violence and domestic violence.
Second chapter. Rights of the victims and awareness-raising measures, prevention, training and Research Article 5 Rights of victims victims have the following rights: a) the right to information: everyone has the right to receive full information and appropriate advice in relation to gender violence and domestic violence through social services and corresponding social or other departments of the Administration involved in these processes.
This information should be treated, at least, the rights and the measures provided for in this law and in the law on social services and social welfare and the places where services are provided, and also of the proceedings in case of emergency.
Access to the information should be effective, therefore they have to articulate the mechanisms necessary for the person who wants to be informed, and that their personal and social circumstances may have more difficulty to access comprehensive information, have guaranteed the effective exercise of this right. The information, published in any medium, it also has to offer in the languages of the communities of newcomers more representative, as well as accessible and understandable format for people with disabilities, such as sign language or other forms or communication options, including alternative and augmentative.
All available information should be accessible through the new technologies, particularly in relation to the existing resources and services.
This information must be able to obtain anonymously, without having to identify themselves or to provide any document establishing a situation of gender violence or domestic abuse.
b) right to comprehensive social assistance: the victims are entitled to receive a comprehensive social assistance that guarantees each of the services and of the rights enshrined in this law.
c) right to health care and comprehensive psychological: the victims are entitled to receive health and psychological care that encompasses from the detection until his complete recovery when possible.
To make this right should develop protocols that allow for the analysis, assessment and the establishment of minimum criteria on the health and psychological treatment, both in terms of the primary prevention, as the secondary and tertiary, to establish uniform guidelines for action and attention to victims in all levels and modalities of medical and psychological intervention. Should also promote coordination procedures with the other professionals that may or have to step in, the training of the victim and collecting evidence for the violation suffered.
These protocols must be periodically and should promote the application in the field of private health.
d) right to legal assistance: anyone has the right to be informed about the rights that they assist the victims, as well as on the legal actions that have been carried out to protect them. This information can be obtained anonymously, without having to identify themselves or to provide any document establishing a situation of gender violence or domestic abuse.
The right to legal assistance entails the legal advice and legal assistance specialized in the terms provided, respectively, in paragraphs 1 and 2 of the article18.
e) right to protection, to privacy and privacy: the victims are entitled to receive comprehensive protection, real, immediate and effective, even if you are in a situation of risk, through the activation of all the resources available. You must ensure the confidentiality at all times, and to the extent possible in all procedures, the situation of both the victim and, where applicable, of his daughters and their children, and also of the applicants for aid in favour of the victim.
f) right to information of the procedural and personal situation of the person aggressor: the victim of gender violence or domestic abuse, without becoming part of the procedure or of having brought any complaint, has the right to receive information about the procedural and personal situation of the person aggressor, especially their prison situation and of the measures imposed as long as these measures affect the victim.
Article 6 prevention and Awareness from the educational field 1. Awareness and prevention measures from the educational field are all the tools, actions and policies that are carried out in the schools and universities with the aim of raising awareness of the causes and consequences of violence against women and domestic violence, in order to prevent them setting up models of coexistence and respect peaceful and igualitaris.
2. Educational systems must ensure that the student population to purchase, in all school levels, the skills necessary to develop a learning in the respect of the rights and fundamental freedoms, as well as specifically with regard to violence against women and domestic violence.
In addition, they must ensure in all school levels the acquisition of skills related to the prevention of conflicts and the ability to resolve them in a peaceful way, as well as the knowledge of the models of coexistence based on respect for diversity.
3. Each school should encourage and promote awareness-raising and prevention measures set out in this chapter as well as all that may improve the awareness and prevention of gender violence and domestic abuse. At the end of the year, each school must evaluate the actions carried out.
4. The plans of action tutorial of all the levels of education carried out in the schools must provide a professional and academic guidance non-sexist or discriminatory, which contributes that students can choose without the gender connotations and without any discrimination between the various academic and professional options in accordance with their aptitudes and abilities.
5. the competent departments and schools of the Government can propose activities for the promotion of awareness, information and prevention of gender violence and domestic violence, both for their own professionals for the associations of mothers and parents of students.
6. The Heads of schools are required to communicate to the relevant social services, and the existence of situations of gender violence or domestic abuse towards proving or among students. The Government, through the competent Department, must manage the immediate schooling of the children who have to change school because of a situation of gender violence or domestic abuse.
7. in addition to the precautions set forth in this article, schools need to provide specialist care in the student victim to prevent the consequences of gender violence or domestic abuse.
8. The universities, while respecting their autonomy, encourage in all academic fields and cross-training, teaching and research in gender violence and domestic violence, and specifically in the University studies of healthcare professions are to impart the contents from a gender perspective.
Article 7 Awareness and prevention from the social and health 1. From the social and public health field should carry out information campaigns about the risk factors that can promote gender violence and domestic abuse, as well as the actions that you can take.
2. The Ministry responsible for health and welfare, through the competent Department, should promote and encourage the activities of health professionals for the early detection of any situation of gender violence or domestic violence, and proposing measures that are considered necessary to optimize the contribution of the health sector in the fight against gender violence and domestic violence.
Article 8 awareness and prevention in the workplace 1. The Government, through the Department of labour, should devise specific measures aimed at the prevention of violence against women in the workplace in the private sector, in order to eliminate behaviors and environments that foster the appearance.
2. The Government, through the Ministry responsible for public function, should devise specific measures aimed at the prevention of violence against women in the field of the public function, in order to eliminate behaviors and environments that foster the appearance.
3. In the selection processes of access or promotion driven by the Public Administration may require knowledge related to the respect of fundamental rights, gender violence and domestic violence and the peaceful resolution of conflicts.
Article 9 Promotion and prevention from the field of advertising and the media 1. The media should avoid all forms of discrimination in the treatment of the information, the content and programming. Are considered to be contrary to the right audiovisual content and advertising that justify, menysvalorin or incite violence or domestic abuse.
2. The Government should incorporate into the channels of the public television and radio specific content of awareness and information on domestic violence and domestic violence, and to promote equality between women and men.
3. The dissemination of information relating to gender-based violence and domestic violence should be carried out respecting the objectivity of information, ensuring decent treatment for the victims and offering, to the extent possible, information about preventive health care, resources and existing protection, and of the consequences of the violation.
4. When will deal with news or content related to violence against women and domestic violence has been to make visible the free phone assistance to victims.
Article 10 Promotion and prevention on the part of public authorities 1. Awareness and prevention measures on the part of public authorities are all actions and policies that aim to prevent violence against women and domestic violence, and to raise awareness and inform about the consequences applicable to any act of gender-based violence or domestic abuse.
2. With the aim of preventing and eradicating violence against women and domestic violence, the public authorities have to make awareness-raising campaigns and information.
3. The Department of statistics must include in its statistical plan the elaboration of statistics that specifically analyse the gender violence and domestic violence.
Article 11 continuing education Programs 1. The Government must ensure that the initial and continuous training of the professionals involved in the detection, intervention and prevention of gender violence and domestic violence is a comprehensive training, multidisciplinary and specialized.
2. The Government, with the collaboration of entities and professional people in the field, have to design specific training programmes on gender-based violence and domestic violence. This specific training should distinguish two levels: a) the level of basic training, addressed to all those professionals who are involved indirectly in processes of gender violence and domestic violence.
b) radically re-articulates the training level, aimed at those professionals involved directly in the processes of gender violence and domestic violence. This level must be set and determine specific treatments for different types of violation.
3. The Government must ensure the training of radically re-articulates all those professionals who work in the prevention, detection, care, assistance, recovery and repair of situations of gender violence and domestic violence.
Research Programmes article 12 1. The Government should promote studies and research projects on all aspects that make up the phenomenon of violence against women and domestic violence, as would be the causes, consequences, the degree of awareness of society, new mechanisms of prevention and the techniques necessary to eradicate them.
2. these research programmes can be developed by the same professionals that intervene in situations of gender violence and domestic violence by means of evaluation reports of the proceedings, at the request of the appropriate Department, or by public grants for research groups or specialized entities to develop research.
3. The results of these reports, studies or investigations, which are considered to be relevant, you have to make free public dissemination through all means to promote social dialogue and improve awareness, awareness, prevention and the provision of the service.
Third chapter. Detection and intervention Article 13 detection of situations of risk 1. Within the national plan for social and community health services (PNASS), the Government must develop the actions necessary to detect situations of risk or existence of situations of gender violence or domestic violence, through social, health, educational services, mediation or public attention, paying special attention to the victims belonging to risk groups for their personal or social situation.
2. In order to meet this objective, the Ministry in charge of health and well-being, with the participation of the sectors involved, especially the team of comprehensive care for women, you must develop specific protocols for the detection, intervention and prevention.
3. The professionals who have sufficient indications or detect a possible case of gender violence or domestic abuse, it must inform the competent social services or equipment of comprehensive care for women so that they can monitor the case and apply the protocol. This communication will be done after to inform the victim, and explain the protocol to be followed and the rights that assist.
4. In the event that there is a situation of high risk to the physical or psychological integrity of the victim or of the people in their environment, the professional must report the situation of child abuse to police or judicial instances, according to what it considers to be relevant.
In-depth intervention article 14 1. To ensure the integrative intervention, specialized professionals, health, psychological and social assistance the aforesaid law. These professionals must act in collaboration and networking.
2. The social, legal, psychological and medical assistance for the victims must pay in the same or near facilities, whenever possible, but that the nature of the case so ill-advised.
3. You must ensure the presence of a translator when necessary, and ensure that this translator is the same throughout the process of intervention and recovery.
4. The legal, psychological and social care, healthcare, and other measures of intervention, are recognized regardless of the willingness of victims to take legal action or to witness against the aggressor person.
5. The Government, through the departments and associated services, should develop protocols that provide for the procedures that must be followed in case of intervention, should establish the mechanisms that must be met to gather evidence for judicial process if there is a future.
Article 15 social Assistance social assistance should pay through the appropriate social services in accordance with the provisions of the law on social services and social welfare and, in particular, needed: a) to coordinate all the assists that allow a comprehensive intervention in favour of the victim.
b) provide social, psychological and legal assistance services with coordination with the health professionals, or, when necessary, lead to specialized professionals and supervise the follow-up and the evolution of the victim until his total recovery to the extent possible.
c) Manage the courtesy phone for assistance to the victims.
d) Process for the production of social aid for the victims.
e) provide social and educational support to the victims.
f) perform a training assistance that allows victims a comprehensive recovery in order to prevent the revictimització.
g) Manage a record of the cases assisted by providing data, respecting confidentiality, the competent Department to draw up a specific data bank about the situations of gender violence and domestic violence.
Article 16 health care 1. The victims have the right to receive specialized health care, and the corresponding treatment, in order to ensure them the full recovery to the extent possible.
2. This health care has been providing in a coordinated manner with the other assists while respecting the protocol of action provided for in article 5 c) to ensure a comprehensive intervention.
Article 17 psychological Assistance 1. The psychological assistance, in coordination with the specialist care in the health areas, must ensure the disappearance of the symptoms presented and the total psychological rehabilitation to achieve a full recovery of the victim to the extent possible, and to provide mechanisms that promote autonomy, if necessary, and prevent future violations.
2. Are considered priority interventions with victims whose mental health problems, dependence on addictive substances or other diseases that require a specific psychological treatment.
Article 18 legal assistance 1. The Government should provide the necessary legal advice service for victims of gender violence and domestic violence. This advice is to provide specific information and advice and advisors for victims of gender violence and domestic violence, whether expressly so request and if they do, to tacitly know the rights that flow from this condition and also the institutions and professionals who can turn to carry out the relevant administrative and judicial actions to make them effective.
2. In addition to the advice mentioned in the previous section, you must ensure to victims of gender violence and domestic violence the specialized legal assistance by means of the right to defence and the technical literacy, which is free of charge when the applicant accredits an unfavourable economic situation or of insolvency, in accordance with the applicable regulations in this matter.
This specialised legal assistance includes all judicial processes that bring cause, directly or indirectly, of a situation of gender violence or domestic violence, including the execution of the resolutions that will dictate.
3. The College of lawyers of Andorra must adopt the necessary measures to ensure that the appointment of a lawyer by shifts automatically held in favour of the victims of gender violence or domestic violence, in the case envisaged in this paragraph is made urgently.
Article 19 programmes of intervention with bullies 1. The Government has to provide, to the bullies that request or who have been convicted for a firm judgment, specific programs of control treatments and rehabilitation.
These programs need to be taught by accredited professionals and in different places where you do the treatments set out in the chapter of comprehensive social assistance for the victims, and have to deal with, at least, on the rehabilitation in the area of gender, the peaceful resolution of conflicts, psychological and substance dependence treatment if necessary.
2. This service is intended to ensure the necessary conditions to prevent further situations of gender violence and domestic violence.
3. When appropriate, the Department of Social Welfare has to coordinate the meeting points of technical services to carry out the visits of parents with their daughters and their children when you remember administratively, judicially or request the parties to avoid the confrontation between them or because they feel it is the most suitable for the family relationship. These services have been regulated by a regulation.
Article 20 National Commission for the prevention of gender violence and domestic 1. The National Commission for the prevention of gender violence and domestic (hereinafter CONPVGD) as a political and technical body to coordinate and cooperate in the Government ministries and departments involved.
2. The CONPVGD of the Board and the owner of the Ministry responsible for health and social welfare, which may delegate this responsibility in a high position of the Ministry mentioned. The composition is made up of representatives from various areas of the Government related to social welfare, social services, health, education, work, housing and justice, and there must be mandatory and at least one representative of the police force and a representative of the team of comprehensive care for women. Without prejudice to the provisions contained in this article, the rest of skills and internal operating rules of the CONPVGD have been developed by means of a regulation.
3. The CONPVGD has as its main functions: a) to monitor compliance with the law.
b) design strategies that have been implemented for awareness, prevention, detection and intervention of the victims.
c) elaborate the timescale for implementation of the law and of the strategies, all giving priority to activities which contribute in the prevention of situations of gender violence and domestic violence.
d) Evaluate the policies and the actions carried out.
e) elaborate a guide to collaboration and coordination in the fight against gender violence and domestic violence. In the context of this function, the CONPVGD should ensure collaboration and effective coordination between all the departments of the Administration that have the function directly or indirectly to act in cases of gender violence and domestic violence and, mainly, to achieve the necessary coordination and communication among those involved in processes of gender violence and domestic violence.
f) Promote strategic work between ministries and departments involved to share methodologies and good practices in the prevention and the eradication of gender violence and domestic violence.
g) any other than the CONPVGD decide in the framework of this law.
The strategies designed by the CONPVGD must be collected in the national plan of social and community health services (PNASS).
The fourth chapter. Defense, protection and judicial supervision Article 21 institutional protection measures 1. The protection in situations of gender violence and domestic violence makes it necessary to apply immediately all the means and instruments necessary to detect them, to adopt preventive measures and to articulate appropriate measures to cease the violations.
2. The guarantees of protection will ensure that both by technological means such as police services, and also by any other means that will ensure the protection of the victims.
Article 22 full Invalidity Are full-fledged null provisions, legal acts or business terms that constitute or give rise to situations of gender violence and domestic violence.
Article 23 protection of the Court 1. Without prejudice to the provisions contained in this law, as well as in the portfolio of social services and Health, any person who is considered a victim of gender violence or domestic abuse may be present, in addition to the criminal actions that appropriate, an action before the civil jurisdiction in order to obtain the protection of the Court to put an end to the violation of the rights that you are recognized as a result of a situation of gender violence or domestic abuse establishing appropriate measures to stop the violation and prevent further violations, and get a repair or a financial compensation covering the whole of the damage, including moral damage and the economic damage. This action will set the civil procedural regulations that procedure ventila compliance.
2. The measures that may be requested and in relation to which the civil court must pronounce, as long as they have not been requested or already adopted in the field of criminal law or within the framework of the process of separation, of divorce or of establishment or modification of paternofilials measures, stating the duration and conditions of application, are the following : in) protection order, with the previous assessment of the situation of risk for victims of gender violence or domestic abuse. The realization of this measure has been to develop the regulations.
b the person's place of residence demanded lockouts) where he has been living together with the victim or where the family unit has established the residence, and the prohibition of return.
c) order of departure, while banning the person demanded that approaching the victims or other persons who indicated at a certain distance, which prevents to approach him in any place where they are, to your home or to your family, to your place of work, in the public or in any other place that is set up.
d) Impediment of communications, while banning the person sued any kind of communication, by using it, with the victims or other persons indicated.
e) Concealment of data relating to the address of the victims or other persons indicated.
f) judicial Protection victims in judicial offices as well as in front of any court, and make sure the non-visual confrontation between the victims and the person sued during the process.
g) Suspension of the right to the application, the possession, the port and the use of weapons on the part of the person sued, with the obligation to deposit them there where indicated.
h) Follow-up of medical treatment, psychological, social or other nature on the part of the person sued.
and) any other measure that the discretion of the Court to be necessary or advisable to cease the violation or avoid further violations.
These measures can be adopted for any urgent or by virtue of the resolution that put an end to the process, separately or together, according to civil procedural rules in force. In any case, we must warn the person of criminal responsibility aggressor that can arise from the breach of the measures adopted.
3. The financial compensation is fixed with the previous assessment of the circumstances in which it has been produced the fact vulnerador, the severity of the injury or damage which arise from this fact, the eventual number and the degree of violence exercised.
Article 24 legal proceedings 1. The Court that has attributed the knowledge of a process of separation, divorce or establishment or modification of measures paternofilials should take into special consideration the conflicts or situations of gender violence or domestic abuse occurring in the nuclear family in time to rule on the exercise of parental authority, guardianship and custody of children and visiting schemes under the age.
At the same time, adopt the necessary measures to, inter alia, the exercise of guardianship and custody and visits regimes do not constitute a danger to the rights and safety of children under the age of, the parent and guardian of the family or other persons concerned. In the event that there may be this danger, the Court may adopt the measures set out in paragraph 2 of article 23 and the other measures set forth in the applicable regulations in force, and may also suspend, in a precautionary measure or by virtue of the resolution that put an end to the process, the exercise of parental authority, of the guardianship and custody and the schemes of visits , or to establish that this regime of visits be carried out through a point of meeting or through other mechanisms that ensure the safety of children under the age of.
2. In other civil processes in which it finds reasonable evidence exists or of a situation of gender violence or domestic abuse, the Court which has attributed the knowledge has to adopt provisional measures permanent or set out in paragraph 2 of article 23 and the other measures set forth in the applicable regulations in force and aimed at ensuring the protection of the victims of these types of violence.
In particular, the jurisdictional organs must adopt the necessary measures to protect victims of gender violence or domestic abuse who are in the court premises, and make sure that it does not produce any visual confrontation between the victim and the alleged aggressor to/in during the practice of the judicial proceedings.
Article 25 without prejudice to sue the individual standing of people victims of gender violence or domestic abuse, the associations, and entities legally constituted organizations which have within their purposes the defence and promotion of human rights and, in particular, the fight against gender violence or domestic abuse are legitimised to promote legal action in defence of the rights and interests of the people associated with or who form part of the judicial processes, always with their express permission.
First additional provision. Collaboration with private entities, in order to optimize resources and improve the efficiency of the provision of services, the Government, if necessary, you can set up collaboration agreements to carry out the assists victims provided for in the third chapter, as well as the programmes of intervention with bullies that includes article 19 of this law.
Second additional provision. Exchange of data On Government and other entities that are involved, in accordance with the law 15/2003, of December 18, qualified protection of personal data and the rules that develop, can communicate the data to comply with the provisions set out in this law.
First transitional provision. Agreements signed the agreements signed with the Government by private or public entities to comply with any of the provisions of this law which are in force at the entry into force of this law, have full validity until you review or complete, in accordance with the provisions in the agreement, and without prejudice to the adaptations that require the application of this law.
Second transitional provision. Protocols of action empowers the Government to review the protocols of action existing in each of the areas and to adapt the content to the provisions in this law.
First final provision. Enabling regulations regulatory provisions issued Government orders that are necessary to develop this law.
Second final provision. Qualified products Have the character of law the first and fourth chapters of this law, as well as articles 5 and 18, which include rights reserved to law, according to article 40 of the Constitution of the Principality of Andorra.
Third final provision. Entry into force this law enters into force the day after being published in the official bulletin of the Principality of Andorra.
Casa de la Vall, 15 January 2015 Vicenç Mateu Zamora Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
François Hollande Joan Enric Vives Sicília and President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra