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LAW Nº 243 law of 28 may 2012 EVO MORALES AYMA President constitutional of the PLURINATIONAL State of BOLIVIA, by how much, the plurinational Legislative Assembly, has sanctioned the following law: the Assembly Legislative PLURINATIONAL, D E C R E T A: law against the harassment and violence policy towards the women title I Chapter I provisions general article 1. (FOUNDATIONS). This law is founded 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). The present law has by object establish mechanisms of prevention, attention, sanction against acts individual or collective of harassment or violence political towards them women, to ensure the exercise full of their rights political.
Article 3. (FINNISH). This law establishes the following goals: eliminate acts, behaviours and individual or collective manifestations of political violence and harassment that directly or indirectly affect women in the political exercise of functions - public.
Ensuring the exercise of the political rights of women candidates, elected, appointed, or in the political exercise of functions - public.
Develop and implement policies and public strategies for the eradication of all forms of harassment and violence against women.
Article 4. (SCOPE AND APPLICATION). The provisions of this law are mandatory at all levels of the Territorial Organization of the State, of all the shelves and inhabitants of the Bolivian territory, and places under its jurisdiction.
Article 5. (SCOPE OF PROTECTION). This Act protects all women candidates, elected, appointed, or in the political exercise of the function - public.
Article 6. (PRINCIPLES AND VALUES). This law is governed under the following principles and values: equality of opportunities-the State guarantees to all women the full exercise of political rights to participate as electoras, and eligible to exercise functions politician - public, in equality of conditions and opportunities.
Not violence-the State prevents and punishes any form of violence against women.
No discrimination-the State prohibits and punishes any form of discrimination, understood as a distinction, exclusion, devaluation, refusal or restriction that has purpose or result nullifying or impairing the recognition, enjoyment and exercise of the political rights of women in political life - public of the country.
Equity.-the State guarantees the full exercise of the political rights of women, generating conditions, opportunities and resources that contribute to equitable and equal between men and women, by applying the parity and alternation in political representation - public in all the autonomous territorial entities.
Participation policy.-it strengthens the democratically participative, representative and community, through the mechanisms of the organised civil society.
Control Social-organised civil society shall ensure compliance with the constitutional precepts of parity and alternation in all areas of the public service through the granted powers recognised and guaranteed constitutionally, such as control, monitoring, surveillance and control.
Patriarchism.-the State will implement a set of actions, policies, and strategies necessary to deconstruct the patriarchal system based on subordination, devaluation and exclusion based on power relations, which exclude and oppress women in the social, economic, political and cultural.
Intercultural-the Bolivian State will promote coexistence harmonious, peaceful and respect cultural diversity, institutional regulations and Linguistics in the exercise of political rights and in particular women to ensure dignity and equality among all people.
Action positive.-is the State obligation to adopt mechanisms to decrease the gaps of inequality between women and men, seeking to reverse the situations of inequality, exclusion, harassment and violence against women in the areas of political participation.
Article 7. (DEFINITIONS). For the purpose of application and interpretation of this law the following definitions are adopted: bullying politician.-refers to harassment political act or set of acts of pressure, persecution, harassment or threats, by a person or group of persons, directly or through third parties, against women candidates, elected, appointed, or in political exercise of the function - public or against their families , with the purpose of shorten, suspend, prevent or restrict them functions inherent to your charge, to induce the u force it to perform, against his will, an action or incurred in an omission, in the compliance of their functions or in the exercise of their rights.
Do violence policy.-understand by political violence actions, behavior, or physical, psychological, sexual assaults committed by a person or group of persons, directly or through third parties, against women candidates, elected, appointed or political exercise of the function? public, or against his family, to shorten, suspend, block or restrict the exercise of his office or to induce her or force her to do, against their will, an or incurred in an omission in the performance of their duties or in the exercise of their rights.
Article 8. (ACTS OF HARASSMENT OR VIOLENCE). Acts of harassment or violence towards women are those who: imposed by stereotypes of gender, the realization of activities and tasks unrelated to the functions and powers of his office.
Assign responsibilities having as a result the political exercise of function limitation? public.
Provide women candidates or elected officials or designated false, wrong or inaccurate information which leads to the inappropriate political exercise of their functions - public.
Avoid by any means that women elected, titular or substitute, or designated to attend ordinary or extraordinary sessions or any other activity that involves decision making, preventing or suppressing the right to speak and vote in equal status to men.
The multinational Electoral body, false information or incomplete information of the identity or sex of the person to provide candidate.
Prevent or restrict their 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 of inherent in his position, in accordance with established regulations.
Restrict or impede the fulfilment of the political rights of women exercising political - public function or which derive from an election with the Nations and peoples indigenous native peasants and Afrobolivianos procedures.
Restrict or preclude the use of constitutional and legal actions to protect their rights against acts or avoid the implementation of relevant resolutions.
Impose sanctions unjustified, preventing or restricting the exercise of their rights political.
Apply pecuniary sanctions, arbitrary and illegal discounts and/or withholding of wages.
Discrimination for reasons of sex, color, age, sexual orientation, culture, origin, language, religion, ideology, political or philosophical affiliation, marital status, economic, social or condition of health, profession, occupation or trade, educational level, condition of disability, origin, physical appearance, clothing, surname or others that have as their objective or result nullifying or impairing the recognition, enjoyment or exercise under conditions of equality of human rights and fundamental freedoms recognized by law.
Discriminate the elected authority designated or in the exercise of the function politician - public, for being in a State of pregnancy, childbirth or the puerperium, preventing or denying the performance of their duties or the exercise of their social rights recognized by law or which apply to you.
Disclose or reveal information personal and private, women candidates, elected, appointed or in the political exercise of functions - public, with the aim of undermining their dignity as human beings and use the same for waiver or license to the charge that exert or apply against their will.
Disclose false information concerning the functions political - public, in order to discredit his administration and against his will the waiver or license the Manager exercised or postulate.
Press or incite the elected or designated authorities to submit resignation.
Force by using force or intimidation to elected or designated in the political exercise of their functions - public authorities, sign all documents or endorse decisions contrary to his will, to the public or general interest.
Article 9. (NULLITY). Shall be null and the acts carried out by female candidates, elected, appointed, or in political exercise of the function - public, when they originate in duly proven facts of harassment or political violence and who have final resolution of competent and jurisdictional bodies.
Chapter II policies and strategies article 10. (POLICIES AND STRATEGIES).
I. the Ministry of Justice, through the Vice-Ministry of equality of opportunities, is responsible for designing,
implement, monitor and assess political, strategies and mechanisms for the prevention, attention and sanction of the harassment or violence political towards them women in strict coordination with them different organs of the level Central of the State, the entities territorial autonomous and others instances public or private.
II. the multinational Electoral body is responsible for defining policies and intercultural democratic education with gender equity strategies that ensure the exercise of the political rights of persons, in particular women and equality of opportunity between men and women.
Article 11. (REGIONAL FRAMEWORK). In the frame of them autonomies, departmental, Regional, Municipal and indigenous originating peasant, where the choice is by mandate popular, them statutes autonomic, letters organic, standards basic institutional, them provisions regulatory and regulations contemplate measures of prevention to them acts of harassment and/or violence political towards them women.
Article 12. (INFORMATION AND AWARENESS). All public bodies of Central State and all the public institutions and the autonomous territorial entities level, have an obligation to perform 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 protection chapter I skills and denunciation article 13. (COMPETITION). They are competent bodies for acts of harassment or violence, the authorities, competent or jurisdictional, as appropriate.
Article 14. (COMPLAINT). The complaint may be submitted by the victim, his family or any natural or legal person in oral or written form to the competent authorities.
Article 15. (OBLIGATION TO REPORT).
I. the servants and public servants, who know of the Commission of acts of harassment or violence toward women candidates, elected, appointed or in political exercise of the function? public, have the obligation to report the fact to the competent authorities.
II. where the servants and public servants fail to comply with this obligation, will be processed or prosecuted and sanctioned or punished according to law.
III. where the complaint is proven false, shall be the corresponding action.
Chapter II administrative article 16. (VIA ADMINISTRATIVE OR DISCIPLINARY PROCEEDINGS IN PUBLIC INSTITUTIONS).
I in cases of harassment or violence described in article 8, the victim may opt for the administrative and report the case to the same institution to which belongs the aggressor, aggressors, aggressor or aggressors, in order to open the respective process and apply appropriate administrative or disciplinary sanctions, according to the procedure laid out in the regulations.
II. all public institutions apply the misdemeanours provided for in this law in its internal regulations.
Article 17. (OF THOSE FOULS AND PENALTIES ADMINISTRATIVE OR DISCIPLINARY).
I for the purposes of this Act are established the following offenses: mild, serious and very serious.
They are those set out in article 8 minor misconduct interjections to) c) whose punishment will be written reprimand, under registration.
(Are serious offenses, those set out in article 8 of subparagraphs d) h) whose punishment will be written reprimand under registration and discount of up to twenty percent (20%).
(Are those set out in article 8, items (i) serious fouls) q) of this law, whose punishment will be of temporary suspension from duties without assets up to thirty (30) days.
II. shall be liable to the maximum of the punishment in serious fault when the following circumstances occur concurrently: acts committed against a pregnant woman.
The Act that is committed against one woman of sixty years.
Acts committed against women without basic or limited school instruction.
When the author, author, or authors, materials or intellectual, belong and are functions of management of political parties, civic groups, organic leadership or any other form of political organization or authority or public servant.
The Act that is committed against a woman with disabilities.
If as a result of the incident, there has been abortion.
When the author, author or authors are repeat offenders in the Commission of acts of harassment or violence against women.
Involve the sons or daughters of the victim as a means of pressure to violate the rights of elected officials.
When the acts of harassment or violence against women, committed by two or more people.
III. the failures serious committed by authorities elected will be sanctioned with suspension temporary of the charge without enjoyment of assets up to thirty (30) days.
IV. in the case of determined in administrative or disciplinary internal process, evidence of criminal liability, described by this law or others, or when harassment or political violence against women committed by private or private persons, the fact must be forwarded to the public prosecutor's Office.
Article 18. (AUTONOMY OF THE SANCTION). The application of administrative or disciplinary sanctions shall be fulfilled without prejudice to criminal proceedings, as appropriate.
Chapter III VIA constitutional article 19. (PROCEDURE). The action brought by the constitutional means will be processed in accordance with defence actions laid down in the political Constitution of the State and the legal provisions in force.
Chapter IV VIA criminal article 20. (FROM THE NEW CRIMINAL TYPES). Be incorporated into the Criminal Code crimes of political harassment and violence against women in title II chapter I? Do crimes against public function?, article 148, with the following text:? Article 148 Bis. (Harassment against women Caucus).-who or who perform acts of pressure, persecution, harassment or threats against a woman elected, appointed, or in the exercise of the function of political - public and/or their families, during or after the elections, to prevent the exercise of their political rights, shall be punished with imprisonment of two (2) to five (5) years. ?
? Article 148 Ter. (VIOLENCIA POLÍTICA CONTRA MUJERES).-who or who carry out acts or assaults, physical and psychological against women candidates, elected, appointed or in political exercise of the function? public or against their families, to shorten, suspend and prevent the exercise of its mandate or its function, shall be punished with imprisonment of three (3) to eight (8) years.
In cases of acts or aggression sex against women candidates, elected, appointed or political exercise of the function? public, is it punishable pursuant to this criminal code.?
Article 21. (PROCEDURE).
I. the offences of harassment and political violence, will be reported to the public prosecutor's Office and subjected to the ordinary courts according to current criminal procedural legislation.
II. when the case required by the mechanisms of coordination and cooperation with the indigenous native peasant jurisdiction will be established.
Article 22. (OF THE AGGRAVATING CIRCUMSTANCES). The offences of harassment and violence against women will intensify with a third penalty in the cases described in article 17, paragraph II of this law.
Article 23. (PROHIBITION OF CONCILIATION). Conciliation is prohibited in the offences of harassment or violence against women.
Chapter V instance election article 24. (WAIVER). For the purposes of application of this law, the elected candidates or in the political exercise of function - public must submit resignation to his candidacy or ownership of cargo carrying in the first instance to the multinational Electoral body.
Article 25. (PROCEDURE). Authorities and/or servers or public servants of the Electoral body, having knowledge of the Commission of acts of harassment and violence, background, responsibility, be sent to prosecutors.
TRANSITIONAL PROVISIONS FIRST. Articles 31, 33 and 36 of the law are modified for the purposes of this Act, no. 2028 of 28 October 1999 in municipalities, in the following terms: amending the second paragraph of article 31 (Councillors alternates) according to the following text:? Article 31 (alternate Councillors) II. The alternates will assume ownership when the or the Councillors holders leave their functions on a temporary basis, by indictment, resignation or definitive impediment or in case of having been elected / as mayors.
In the absence of the holder for licence, suspension or definitive impediment according to the period specified in the rules of procedure of each City Council, the President of the Council shall convene and enabled the or the alternate Councillors.
In the event of failure of the owner, the President or President of the City Council shall notify the alternate that it would exercise the vacancy of temporarily or permanently, as appropriate, without further requirement that the presentation of its credential of Councillor (a), before the plenary session of the Municipal Council.?
paragraph 5 (b) is incorporated into article 33 (fouls), with the following text:? 5. Engaging in acts of harassment or violence policy against a woman candidate, elected, appointed or municipal public office function.
(c) joined as the second paragraph of paragraph II article 36 (resolution to the complaint) according to the following text:? II. In case of determining responsibility for acts of harassment and violence, this must be sent
resolution, ex officio or at the request of the victim, the electoral authority.?
THE SECOND. Is modify the article 19 of the code of procedure criminal, with the following text:? Article 19. (Crimes of action public on request).
They are offences of public to request action: the abandonment of family, breach of duties of care, abandonment of pregnant woman, rape, abuse dishonest rape, improper Rapture, Rapture with double look, corruption of adults, procuring, harassment and violence.?
THIRD. This law shall become effective from the date of its publication.
-FOURTH. Political and social organizations, in the term of 180 days from the entry into force of this Act, be incorporated in its statutes and internal rules provisions on prevention, care, and sanction the acts of harassment and violence against women; they must also incorporate specific provisions that promote and ensure political participation in equality of conditions between women and men.
QUINTA. In order to comply with paragraph II of article 16, extends the term of ninety (90) days from the publication of this law, to object that the public institutions modify their internal regulations, personnel, disciplinary or others that apply, including the acts described in article 8 of this law and its sanctions as misdemeanors.
AVAILABLE END ONLY. For the purposes of the present law provides that the multinational Electoral body shall adopt regulations necessary to ensure the alternation and parity of the processes of extraordinary empowerment of substitutions.
SOLE ABROGATION PROVISION. Are repealed them provisions of equal or lower rank that are contrary to the present law.
Refer to the Executive Branch, for constitutional purposes.
Two thousand twelve is given in the room of sessions the Assembly Legislative plurinational, twenty-one days of the month of may of the year.
FDO. Lilly Gabriela MONTAÑO Viana, Rebeca Elvira Delgado Burgoa, Mary Medina Zabaleta, Maria Elena Mendez Leon, Luis Alfaro Arias, Angel David Cortés Villegas.
I therefore enacted it is and meets as a law of the plurinational State of Bolivia.
Government Palace of the city of La Paz, twenty-eight days of the month of may of two thousand twelve years.
FDO. EVO MORALES AYMA, Juan Ramón Quintana Taborga, Carlos Gustavo Romero Bonifaz, Cecilia Luisa Ayllón Quinteros, Claudia Stacy clear penalty, Nardy Suxo Iturry.
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