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law no 243
2012 MAY 28 LAW
EVO MORALES AYMA
CONSTITUTIONAL PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA
For the Legislative Assembly Plurinational, has sanctioned the following Law:
THE PLURINATIONAL LEGISLATIVE ASSEMBLY,
D E C R E T A:
LAW AGAINST HARASSMENT AND POLITICAL VIOLENCE
TOWARDS WOMEN
TITLE I
CHAPTER I
GENERAL PROVISIONS
Article 1. (FUNDAMENTALS). This Law is based on the Political Constitution of the State and the Treaties and
International Instruments of Human Rights of Women ratified by the Plurinational State of Bolivia.
Article 2. (OBJECT). This Law aims to establish mechanisms of prevention, attention, sanctions against acts
individual or collective of harassment and/or political violence towards women, to guarantee the full exercise of their political rights.
Article 3. (FINES). This Law establishes the following purposes:
Eliminate individual or collective acts, conduct and manifestations of harassment and political violence that directly or indirectly affect women in the exercise of political-public functions.
Ensuring exercise of the political rights of women candidates, elected, appointed or in the exercise of political-public functions.
Develop and Implement public policies and strategies for the eradication of all forms of harassment and political violence towards women.
Article 4. (SCOPE AND APPLICATION). The provisions of this Law are mandatory in all
the levels of the Territorial Organization of the State, of all the shelves and inhabitants of the Bolivian territory, and the places under its jurisdiction.
Article 5. (BOTH OF PROTECTION). This Law protects all women candidates, elected, appointed or in
the exercise of the political-public function.
Article 6. (PRINCIPLES AND VALUES). This Law is governed by the following principles and values:
Equal opportunities.- The State guarantees to all women the full exercise of their political rights to participate as electorates, and eligible for exercise political-public functions on equal terms and opportunities.
Nonviolence.- The State prevents and sanctions any form of violence against women.
Non-Discrimination.- State prohibits and sanctions all forms of discrimination, understood as distinction, exclusion, devaluation, refusal and/or restriction that has as its object or result to annul or undermine the recognition, enjoyment and exercise of the political rights of women in the political-public life of the country.
Political Participation.- The participatory, representative and democratic form is strengthened The European Union, through its own mechanisms of organised civil society.
Social Control.- Organised civil society will ensure compliance with the constitutional precepts of parity and alternation, in all public service spaces through the recognized faculties and Constitutionally guaranteed, such as oversight, oversight, surveillance and control.
Unpatriarchy.- The State will implement a set of actions, policies and strategies needed to deconstruct the Patriarchal system based on subordination, devaluation and exclusion from power relations, which exclude and oppress women in the social, economic, political and cultural spheres.
Interculturality.- The Bolivian State will promote harmonious, peaceful and peaceful coexistence. respect for cultural, institutional and linguistic diversity in the exercise of political and in particular women's rights to ensure dignity and equality among all persons.
Positive Action.- the obligation of the State to adopt mechanisms to reduce inequality gaps between women and men, who seek to reverse the situations of inequality, exclusion, harassment and political violence against women in the different spaces of political participation.
Article 7. (DEFINITIONS). For the purposes of application and interpretation of this Law the following
definitions are adopted:
Political harassment.- Political harassment is understood to be the act or set of acts of pressure, persecution, harassment or threats, committed by a person or group of persons, directly or through third parties, against female candidates, elected, appointed or in the exercise of the political-public or against their families, with the the purpose of shortening, suspending, preventing or restricting the functions inherent in his office, to induce or force it to perform, against its will, an action or incur an omission, in the performance of its duties or in the exercise of its rights.
Violence.- It is understood by political violence to the actions, behaviors and/or physical, psychological, sexual assaults committed by a person or group of persons, directly or through third parties, against women candidates, elected, appointed or in exercise of the political function? public, or against your family, to shorten, suspend, prevent or restrict the exercise of your office or to induce or compel you to carry out, against your will, an action or make an omission, in the performance of your duties or in exercise of your rights.
Article 8. (ACTS OF HARASSMENT AND/OR POLITICAL VIOLENCE). These are acts of harassment and/or political violence towards the
women who:
Impose by gender stereotypes, the performance of activities and tasks beyond the functions and attributions of their office.
Assign responsibilities that result in limiting the exercise of the political function? public.
Provide women candidates or elected authorities with false, erroneous or inaccurate information that leads to the inadequate exercise of their political-public functions.
Avoid any means that women elected, holders or alternates, or designated persons attend ordinary or extraordinary sessions or any other activity involving the taking of decisions, preventing or suppressing the right to voice and vote on equal terms condition that men.
Provide the Electoral Body Plurinational, false data, or incomplete information about the identity or gender of the candidate.
Prevent or restrict your reinstatement to office when they make use of a justified license.
Restrict the use of the word, in sessions or other meetings and their participation in commissions, committees and other instances inherent in their office, in accordance with established regulations.
Restrict or prevent the fulfillment of the political rights of women who have a political-public function or come from an election with the own procedures of the Indigenous Peoples and Nations Afro-olivianos.
Restrict or prevent the use of constitutional and legal actions to protect their rights against acts or to avoid compliance with the relevant Resolutions.
Impose sanctions unjustified, preventing or restricting the exercise of their political rights.
Apply pecuniary penalties, arbitrary and illegal discounts, and/or salary retention.
Discrimination for reasons of sex, color, age, sexual orientation, culture, origin, language, religious creed, ideology, affiliation political or philosophical, marital status, economic, social or health status, occupation, occupation or office, degree of instruction, condition of disability, origin, physical appearance, clothing, surname or other that have the objective or result cancel or impair recognition, enjoyment or exercise in conditions of equality of human rights and fundamental freedoms recognized by law.
Discrimination to the designated elected authority or in the exercise of the political-public function, because it is in a state of pregnancy, childbirth or puerperium, preventing or denying the exercise of their mandate or the enjoyment of their social rights recognized by law or those that correspond to them.
Discharge or disclose personal and private information, of women candidates, elected, or in the exercise of political-public functions, with the aim of undermining its dignity as human beings and use the same to obtain against their will the resignation and/or license to the position they exercise or postulate.
Discharge false information regarding the political-public functions, with the objective of to discredit their management and to obtain against their will the resignation and/or license to the position they exercise or postulate.
Presenter or induce elected or designated authorities to resign from office.
By force or intimidation of elected or appointed authorities in the exercise of their political-public functions, to subscribe to all types of documents and/or endorse decisions contrary to their will, to the public or general interest.
Article 9. (NULLITY). Acts performed by female candidates, elected, appointed or in exercise of the
political-public function, shall be void where they originate in acts of harassment or political violence that have been duly proven and which have a resolution
CHAPTER II
POLICIES AND STRATEGIES
ARTICLE 10. (POLICIES AND STRATEGIES).
I. The Ministry of Justice, through the Vice-Ministry of Equal Opportunities, is the body responsible for designing,
implementing, monitoring and evaluating policies, strategies and mechanisms for prevention, Attention and sanction of harassment and/or political violence towards women in strict coordination with the different Central Level Bodies of the State, Autonomous Territorial Entities and other public or private entities.
II. The Plurinational Electoral Body is responsible for defining Inter-cultural policies and strategies for democratic education with gender equity that guarantee the exercise of the political rights of individuals, in particular women and equal opportunities for men and women.
Article 11. (AUTONOMOUS FRAMEWORK). In the framework of the Autonomies, Departmental, Regional, Municipal and Indigenous
Peasant native, where the choice is by popular mandate, the autonomous statutes, organic letters, institutional basic norms, the provisions Regulations and regulations will include measures to prevent acts of harassment and/or political violence against women.
Article 12. (INFORMATION AND AWARENESS). All the public entities of the Central State Level and all the
Public Institutions and the Autonomous Territorial Entities, have the obligation to carry out internal actions of information and awareness on the principles and contents of this Law, under the supervision and coordination of the Ministry of Justice.
TITLE II
COMPETENT INSTANCES OF PROTECTION
CHAPTER I
OF COMPETENCIES AND REPORTING
Article 13. (COMPETITION). They are competent authorities to know the acts of harassment and/or political violence, the
authorities, competent and/or jurisdictional, as appropriate.
Article 14. (COMPLAINT). The complaint may be filed by the victim, his or her family members or any natural person or
legal, verbal or written to the competent authorities.
Article 15. (OBLIGATION TO REPORT).
I. Public servants and servants, who are aware of the commission of acts of harassment and/or political violence against women
candidates, elected, appointed or in exercise of the political function? public, have an obligation to report the fact to the competent authorities.
II. In the event that the public servants and servants fail to comply with this obligation, they will be prosecuted or prosecuted and punished or
sanctioned, according to Law.
III. In case the complaint is probately false, the corresponding action will proceed.
CHAPTER II
ADMINISTRATIVE VIA
Article 16. (ADMINISTRATIVE OR DISCIPLINARY PROCEDURE IN PUBLIC INSTITUTIONS).
I. In the cases of harassment and/or political violence described in Article 8, the victim may choose the administrative route and report the
case to the same institution to which the aggressor, aggressors, aggressor or In order to open the respective process and apply the appropriate administrative or disciplinary penalties, according to the procedure laid down in the current regulations.
II. All public institutions shall apply in their internal regulations the faults provided for in this Law.
Article 17. (OF ADMINISTRATIVE OR DISCIPLINARY OFFENCES AND PENALTIES).
I. For the purposes of this Law, the following faults are established: mild, severe, and very serious.
It is minor faults as set out in Article 8 (a) to (c) whose sanction will be a written warning, under registration.
Serious faults are set out in Article 8 of the points (d) to (h), the sanction of which will be written under registration and discount of up to twenty percent (20%).
They are very serious as set out in Article 8, points (i) to (q) of this Law, the sanction of which will be temporary suspension of the charge without the enjoyment of hares up to thirty (30) days.
II. the penalty on serious misconduct when the following circumstances are present:
Acts that are committed against a pregnant woman.
The act that is committed against a woman over the age of sixty.
Acts that are committed against women without basic schooling or schooling limited.
When the author, author, or authors, materials or intellectuals, belong to and are in the functions of political party management, citizen groups, organic leadership or any other form of organization policy and/or be a public authority or server.
The act that is committed against a woman with disabilities.
If as a result of the facts, abortion has occurred.
When the author, author, or authors are repeat offenders in the commission of acts of harassment and/or political violence against women.
Involve the victim's sons or daughters as a means of pressure to violate the rights of the elected authorities.
When acts of harassment and/or violence against women are committed by two or more persons.
III. The very serious faults committed by elected authorities will be sanctioned with suspension temporary charge of the unenjoyed charge
up to thirty (30) days.
IV. If determined in the internal administrative or disciplinary process, indicia of criminal liability, described by this
Law or other, or When the harassment or political violence against women is carried out by private or private persons, the fact must be referred to the Public Ministry.
Article 18. (AUTONOMY OF THE SANCTION). The application of administrative or disciplinary sanctions will be
compliant without prejudice to criminal action, where appropriate.
CHAPTER III
VIA CONSTITUTIONAL
Article 19. (PROCEDURE). The action brought by the constitutional path will be dealt with in accordance with the actions
of Defense established in the Constitution of the State and the legal provisions in force.
CHAPTER IV
VIA PENAL
Article 20. (OF THE NEW CRIMINAL TYPES). In the Criminal Code, incorporate the crimes of political harassment and violence
policy against women in Title II Chapter I? Crimes against the Civil Service?, Article 148, with the following text:
? Article 148 Bis. (POLITICAL HARASSMENT AGAINST WOMEN).-Who or those who carry out acts of pressure,
persecution, harassment and/or threats against an elected woman, designated or in the exercise of the political-public function and/or her family members, during or after the electoral process, which prevents the exercise of his political right, will be sanctioned with a custodial sentence of two (2) to five (5) years. ?
? Article 148 Ter. (POLITICAL VIOLENCE AGAINST WOMEN).- Who or who perform acts and/or aggressions
physical and psychological against female candidates, elected, appointed or in exercise of the political function? public and/or against their relatives, to shorten, suspend and prevent the exercise of their mandate or their function, will be sanctioned with a custodial sentence of three (3) to eight (8) years.
In cases of acts or sexual assaults against female candidates, elected, appointed or in exercise of the function
political? public, will be sanctioned according to this Penal Code.?
Article 21. (PROCEDURE).
I. The offences of harassment and political violence shall be reported to the Public Ministry and subject to the ordinary jurisdiction of
agreement to the applicable criminal procedural law.
II. Where the case so requires the mechanisms for coordination and cooperation with the Indigenous Native Jurisdiction
will be established.
Article 22. (OF THE AGGRAVATING). The crimes of harassment and political violence against women will be aggravated by a
third of the penalty in the cases described in Article 17, paragraph II of this Law.
Article 23. (RECONCILIATION BAN). Reconciliation in harassment and/or violence crimes
is prohibitedpolicy against women.
CHAPTER V
ELECTORAL INSTANCE
Article 24. (RESIGNATION). For the purposes of application of this Law, candidates elected and/or in the exercise of the function
political-public shall submit renunciation of their candidacy or ownership of the office that they exercise in the first instance to the Electoral Body Plurinational.
Article 25. (PROCEDURE). The authorities and/or public servants or servants of the Electoral Body who have
knowledge of the commission of acts of harassment and political violence, shall forward the background, under the responsibility, to the Ministry.
Public.
TRANSIENT PROVISIONS
FIRST. For the purposes of this Law, Articles 31, 33 and 36 of Law No 2028 of 28 of 28 of
October 1999 of Municipalities are amended as follows:
The second paragraph of Article 31 is amended (Alternate Councillors) according to the following text:
? Article 31 (Alternate Councillors)
II. The and the alternates shall take ownership when the right holders leave their functions in
temporary form, by formal charge or by resignation or Final impairment or in the event of being elected.
In the absence of the holder by license, suspension or final impairment according to the deadline set in the Rules of Procedure of each City Council, he or the President of the Council shall convene and enable the Alternate members.
In the event of the holder's omission, he or the president or president of the City Council shall communicate to the alternate who shall exercise the vacant position temporarily or definitively, as appropriate, without further requirement than the presentation of his/her Credential of Councilmember (a), before the Municipal Council plenary.?
b) Number 5 is incorporated into Article 33 (Fhighs), with the following text:
? 5. Incurring acts of harassment or political violence against a female candidate, elected, appointed or based on a position municipal public.
?
c) It is incorporated as the second paragraph of paragraph II paragraph II to Article 36 (Resolution Before Reporting) according to the
following text:
? II. In case of liability for acts of harassment and political violence, this
resolution, on its own initiative or at the request of the victim, shall be referred to the electoral authority.?
. Article 19 of the Criminal Procedure Code is modified, with the following text:
? Article 19. (Offences of public action at the request of a party).
These are crimes of public action at the request of a party: the abandonment of the family, failure to perform duties of assistance, abandonment of pregnant women, rape, dishonest abuse stupor, improper rapture, rapture with marital eyes, corruption of elders, pimping, harassment and political violence.?
THIRD. This Law shall enter into force from the date of its publication.
FOURTH. The political and social organizations, within 180 days of the validity of this Law,
shall incorporate into their statutes and internal regulations provisions relating to the prevention, care and punishment of acts of harassment and political violence towards women; they shall also incorporate specific provisions that promote and guarantee political participation in equal conditions between women and men.
QUINTA. For the purposes of to comply with paragraph II of Article 16, the term of ninety (90) days from
the publication of this Law, in order for the public institutions to modify their internal, personal, disciplinary regulations or others that correspond, including as faults the acts described in Article 8 of this Law and its sanctions.
FINAL DISPOSITION
ONLY. For the purposes of this Law, the Electoral Body is available Plurinational must adopt the regulations
necessary to guarantee the alternation and parity of the extraordinary enablement processes of supply.
OPENING disposition
ONLY. The provisions of equal or lower rank that are contrary to this Law shall be abrogated.
Remit to the Executive Body, for constitutional purposes.
It is given in the Session Room of the Plurinational Legislative Assembly, at twenty-one day of May of year two
thousand twelve.
Fdo. Lilly Gabriela Montano Viana, Rebeca Elvira Delgado Burgoa, Mary Medina Zabaleta, María Elena Méndez León,
Luis Alfaro Arias, Angel David Cortes Villegas.
Therefore, it is enacted to have and comply with the law of the State. Plurinational Bolivia.
Palace of Government of the city of La Paz, at the twenty-eight days of May of two thousand twelve years.
FDO. EVO MORALES AYMA, Juan Ramón Quintana Taborga, Carlos Gustavo Romero Bonifaz, Cecilia Luisa Ayllon
Quinteros, Claudia Stacy Peña Claros, Nardy Suxo Iturry.
