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Law N ° 045 law on October 8, 2010 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, DECREES: law against the racism and any form of discrimination chapter I provisions general article 1. (AIMS AND OBJECT).
I. the present law aims to establish mechanisms and procedures for the prevention and punishment of acts of racism and all forms of discrimination in the context of the political Constitution of the State and international human rights treaties.
II. the present law has by objectives delete behavior of racism and all form of discrimination and consolidate political public of protection and prevention of crimes of racism and all form of discrimination.
Article 2. (GENERAL PRINCIPLES). This law is governed under the principles of: interculturality. Understood as the interaction between cultures, which is constituted by instrument for cohesion and balanced and harmonious coexistence among all peoples and Nations to build relationships of equality and equity in a respectful manner.
Equality. All human beings are born free and equal in dignity and rights. He State will promote them conditions necessary to achieve the equality real and effective adopting measures and political of action affirmative and/or differential that value the diversity, with the objective of achieve equity and justice social, guaranteeing conditions equitable specific for the enjoyment and exercise of them rights, freedoms and guarantees recognized in the Constitution political of the State, laws national and normative international of rights human.
Equity. Understood as the recognition of difference and equitable social value of people to achieve social justice and the full exercise of civil, political, economic, social and cultural rights.
Protection. All human beings are entitled to equal protection against racism and all forms of discrimination, in an effective and timely in administrative and/or jurisdictional headquarters, ensuring reparation or satisfaction just and appropriate for any damage suffered as a result of racist or discriminatory act.
Article 3. (REACH AND SCOPE OF APPLICATION). This Act shall apply throughout the national territory and in places under its jurisdiction.
Does not recognize immunity, immunity or privilege whatsoever and applies to: all Bolivians and Bolivian origin or nationalized and all shelf and resident in national territory that is under the jurisdiction of the State.
Authorities, servers and former servants of the organs of Executive, legislative, Judicial and Electoral of the plurinational State of Bolivia, its entities and central level institutions, decentralized or decentralized and autonomous, departmental, municipal, regional, local authorities and native indigenous peasant.
Public Prosecutor, Attorney General of the State, Ombudsman of the people, universities, Bolivian police, armed forces and any entity of the State structure.
Private individuals, non-governmental national institutions or foreign through their representatives.
Social organizations and mechanisms of social control.
Diplomatic missions of special duties on Bolivian territory, according to rules of international law, multilateral and bilateral.
Article 4. (OBSERVATION). The national, departmental, regional and municipal authorities and native indigenous peasant or any hierarchy, will observe this law, in accordance with the political Constitution of the State and norms and international instruments on human rights, against racism and all forms of discrimination, ratified by the plurinational State of Bolivia.
Article 5. (DEFINITIONS). For purposes of implementation and interpretation of this law, the following definitions are adopted: discrimination. Is defined as? discrimination? all forms of distinction, exclusion, restriction or preference based on sex, color, age, sexual orientation and identity of genres, origin, culture, nationality, citizenship, language, religion, ideology, political or philosophical affiliation, marital status, economic, social condition or health, profession, occupation or trade, degree of instruction, different capacities and/or physical, intellectual or sensory disability, pregnancy status origin, physical appearance, clothing, surname or others that have as their objective or result nullifying or impairing the recognition, enjoyment or exercise, in conditions of equality, of human rights and fundamental freedoms recognized by the political Constitution of the State and international law. It shall not be considered discrimination to the measures of affirmative action.
Racial discrimination. Is understood by? racial discrimination? to any distinction, exclusion, restriction or preference based on race or color, descent or national or ethnic origin which has the object or result annular or undermine, directly or indirectly the recognition, enjoyment or exercise, in conditions of equality, of human rights and fundamental freedoms recognized in the political Constitution of the State and international human rights standards in the spheres of political, economic, social, cultural or any other field of public or private life.
Racism. Considered? racism? all theory to the valuation of biological or cultural, real or imagined differences for the benefit of a group and to the detriment of the other, in order to justify an aggression and a system of domination that boasts the superiority of one group over another.
Race. The? race? It is a notion constructed socially, developed throughout history as a set of prejudices that distorted ideas about human differences and group behavior. Used to assign some groups a status inferior and others a superior status that gave them access to the privilege, power and wealth. Any doctrine of superiority based on racial differentiation is scientifically false, morally condemnable, socially unjust and dangerous and nothing in theory or in practice makes it possible to justify racial discrimination.
Gender equity. It is the recognition and measurement of the physical and biological differences in men and women, in order to achieve social justice and equality of opportunity ensuring the full benefit of their rights without prejudice to their gender in the areas of social, economic, political, cultural and family life.
Generational equity. It is the recognition and valuation of the generational differences of men and women, in order to achieve social justice that guarantees the full benefit of their rights without prejudice to their age in the fields of social, economic, political, cultural and family life.
Homophobia. Is refers to the aversion, hate, prejudice or discrimination against men or women gay, also is includes to them other people that integrate to the diversity sexual.
Transphobia. Is understands as the discrimination towards the transsexuality and the people transsexuals or transgender, based in his identity of gender.
Xenophobia. Is understands as the hate and rejection to the foreign or foreign, with manifestations that van from the reject more or less manifesto, the contempt and the threats, until them assaults and various forms of violence.
Misogyny. Means misogyny any conduct or behavior of manifest hatred of women or feminine gender, regardless of age, origin or degree of instruction which achieved or intended directly or indirectly to violate human rights and the principles of this law.
Affirmative action. He is understood as affirmative action measures and temporary policies adopted for sectors of the population in a situation of disadvantage and who suffer discrimination in the exercise and full enjoyment of the rights recognized in the political Constitution of the State and in international instruments. They constitute an instrument to overcome the obstacles preventing real equality.
Preventive action. They are those public measures translated into campaigns of awareness, education, and dissemination of human rights protection against discrimination and any form of manifestation.
Corrective action. The effective imposition of disciplinary or disciplinary measures to offenders, conducting follow up on their implementation and the results obtained.
Chapter II measures of prevention and education, aimed at ERADICATING all forms of discrimination and racism article 6. (PREVENTION AND EDUCATION). It is the duty of the plurinational State of Bolivia define and adopt a policy public prevention and fight against racism and all forms of discrimination, gender and generational, implementation at all territorial levels national, departmental and municipal, containing the following: in the field of education: promote the design and implementation of institutional policies of prevention and fight against racism and discrimination in the universities Higher normal institutes national public and private, national education system at the pre-school, primary and secondary levels.
Design and put up political educational, cultural, communications and of dialogue intercultural, that attack the causes structural of the racism and all form of discrimination; that they recognize and respect the benefits of diversity and plurinationality and include its content history and the rights of Nations and peoples originally indigenous peasants and people establishing.
Promote the implementation of processes of training and education in human rights and values, both in formal and non-formal education programmes, appropriate at all levels of the educational process, based on the principles set out in this law, to change attitudes and behaviour based on racism and discrimination; promote respect for diversity; and counter elsexismo, prejudices, stereotypes and all practice of racism or discrimination.
In the field of public administration.
Educate the servants and servants of public administration on measures of prevention, punishment and elimination of racism and all forms of discrimination.
Manage and support the inclusion curriculum of the prevention against the racism and the discrimination in those institutes military and police.
Promote institutional policies of prevention and fight against racism and discrimination in the systems of education, health and other public services, including.
Adoption of procedures or protocols for the attention of specific populations.
Promote the ethics officer and the good treatment in the attention of the citizenship.
Ensure that the political and legal systems reflect plurinationality of the Bolivian State within the framework of human rights.
Promote recognition of belonging to Nations peoples national heroines and heroes native indigenous peasants, people establishing and intercultural communities.
In the field of communication, information and dissemination.
The State shall promote the production and dissemination of statistical data on racism and all forms of discrimination in order to eliminate social inequalities.
To promote the realization of research and quantitative and qualitative studies on racism and all forms of discrimination, as well as the effects of these phenomena on their victims, in order to define policies and programmes to combat them.
Public and private media should provide internal mechanisms that guarantee the Elimination of racism and all forms of discrimination, in relation to its responsibility of creating public opinion in accordance with the political Constitution of the State.
Have the media, radio, television, written and new technologies of information and communication, like the internet, to eliminate their programming, languages, expressions and manifestations of racist, xenophobic and other discriminatory content.
Disseminate the content of this law; national and international instruments against racism and all forms of discrimination; and public policies related to the subject.
The media should support the measures and actions against racism and all forms of discrimination.
In the economic sphere.
The State shall promote social inclusion through the implementation of public and private investment, to generate opportunities and the eradication of poverty; geared especially to the most vulnerable sectors.
Chapter III of the National Committee against racism and all forms of discrimination article 7. (COMMITTEE). Created the National Committee against racism and all forms of discrimination, promote, design and implement policies and regulations integral against racism and all forms of discrimination.
The National Committee against racism and all forms of discrimination, will be under the tutelage of the Ministry of culture through the Vice-Ministry of decolonization.
The Committee shall be composed of two committees: Committee on the fight against racism.
Committee on the fight against all forms of discrimination.
The operation of both committees will be responsible for the direction General of struggle against racism and all forms of discrimination, the Viceministry of decolonization, under the Ministry of culture.
Article 8. (MEMBERS OF THE COMMITTEE AGAINST RACISM AND ALL FORMS OF DISCRIMINATION).
For purposes of this law, the Committee against racism and all forms of discrimination is formed by: public institutions: 1. Executive Body: Ministry of culture, Ministry of the Presidency, Ministry of Justice, Ministry of Government, Ministry of education, Ministry of economy and finance, Ministry of development planning and Ministry of defence; 2. Judicial organ; 3. Electoral body; 4. legislative authority: Commission on human rights of the Chamber of Deputies; 5. departmental autonomous governments; 6. autonomous municipal governments; 7. original indigenous autonomies peasant.
Organizations indigenous native peasants.
Intercultural and Afrobolivianas communities.
Defenders of the rights of women, youth, childhood and adolescence, people with disabilities and vulnerable sectors of society.
Other institutions and/or organizations of human rights and civil society.
II. the Office of the High Commissioner for human rights of Bolivia and the Ombudsman as observers and technical assistance.
III. members of the Committee, these functions shall not charge any salary coming from the General Treasury of the nation.
IV. the Vice-Ministry of decolonization may hire technical staff, professional or non-professional, to support the functioning of the National Committee against racism and all forms of discrimination.
V. Commissions: a) anti-racism and b) fight against all forms of discrimination, will be made up of the delegates of the Committee, according to an internal regulation.
Article 9. (THE FUNCTIONS OF THE COMMITTEE). The Committee against racism and all forms of discrimination will be major tasks: directing the preparation of a diagnosis and a National Plan of action against racism and all forms of discrimination, on the basis of the guidelines proposed in article 6 of this law.
Promote, develop and implement public policies of prevention and fight against racism and all forms of discrimination.
Ensuring respect for equality and non-discrimination in the proposals of public policies and bills.
Perform follow-up, evaluation and monitoring the implementation of public policies and legislation against racism and all forms of discrimination.
To ensure that internal staff regulations, disciplinary regulations or others inside Government, Bolivian police and armed forces, including how causal internal process, faults concerning racism and all forms of discrimination, in accordance with the present law.
To promote in all public entities, the creation of instances of prevention against racism and all forms of discrimination, as well as the receipt of complaints and impulse of administrative processes to its conclusion, according to regulation.
To promote the formation of committees against racism and all forms of discrimination, in order to implement measures of prevention in the context of the autonomies.
To promote public recognition of State or private natural or legal persons which has been noted for his work against racial discrimination or any form of discrimination.
Promote recognition of heroes and heroines Bolivian and Bolivian, belonging to the Nations people originally indigenous peasants, people establishing and intercultural communities.
Article 10. (REGISTRATION AND MONITORING OF ADMINISTRATIVE AND JUDICIAL PROCESSES BY RACISM AND ALL FORMS OF DISCRIMINATION). For the purpose of registration and monitoring, the National Committee against racism and all forms of discrimination; the Ministry of culture through the Vice-Ministry of decolonization, systematize and produce information about administrative processes and judicial initiates by cause of racism and all forms of discrimination.
Article 11. (BUDGET). The Treasury General of the nation, will grant the necessary economic resources annually, the Ministry of cultures for the fulfilment of the functions set forth in this Act.
Chapter IV competent bodies of protection to the victims of racism and all forms of discrimination article 12. (COMPETENT AUTHORITIES). People who have suffered acts of racism or discrimination may choose to the way constitutional, administrative or disciplinary proceedings and/or criminal, as appropriate.
Article 13. (VIA ADMINISTRATIVE OR DISCIPLINARY PROCEEDINGS IN PUBLIC INSTITUTIONS).
They constitute misconduct in the exercise of public authority, the following conduct: verbal aggression based on reasons racist or discriminatory, denial of access to the service for reasons racist or discriminatory, physical, psychological and sexual abuse by racist and discriminatory reasons, that does not constitute a crime.
Provided that these faults are committed in the exercise of functions, the relationship between coworkers or with the users of the service.
The racist or discriminatory grounds referred to in the preceding paragraph, are described in the articles 281 Bis and 281 Ter of the criminal code.
The public institution may provide that the servant or the server, offender undergo psychological treatment, whose expenses shall be borne by the same institution.
All public institutions must change their internal staff regulations, disciplinary regulations or others that apply, so include the faults described in paragraph I of this article, as a ground for beginning of internal process and reason for administrative or disciplinary sanction.
Where the internal or administrative process, determine the existence of criminal responsibility, public institution shall forward the case to prosecutors.
Acts of racism and all forms of discrimination which constitute faults committed by servants and public servants will be reported to the same institution they belong to, in order to implement appropriate administrative or disciplinary sanctions.
The public institution referred to allegations of racism and all forms of discrimination shall forward a copy thereof to the General direction of fight against racism and all forms of discrimination of the Vice-Ministry of decolonization, the Ministry of culture, for registration and monitoring purposes.
The complainant or the complainant, may send a copy of the complaint against the servant or public servant, to the Ministry of cultures for registration and monitoring purposes.
Article 14. (PRIVATE INSTITUTIONS).
All private institutions must adopt or modify its internal regulations so that they include as misdemeanors, racist or discriminatory conduct, such as: a) verbal aggression due to racist or discriminatory, b) denial of access to the service for reasons racist or discriminatory, c) abuse physical, psychological and sexual on racist and discriminatory grounds, constituting not crime, d) degrading actions.
The racist or discriminatory grounds referred to in the preceding paragraph, are described in the articles 281 Bis and 281 Ter of the criminal code.
If any evidence of criminal liability, it should be referred to the Public Ministry.
The private institution who knows complaints about racism and all forms of discrimination against its employees, shall forward a copy thereof to the General direction of fight against racism and all forms of discrimination of the Vice-Ministry of decolonization, the Ministry of culture, for registration and monitoring purposes.
Article 15. (PROHIBITION OF RESTRICTING THE ACCESS TO LOCAL PUBLIC).
It is forbidden to all restrictions on entry and placed posters with this purpose, premises or establishments open to the public attention, service and entertainment, low sanction of closing for three days at the first time of thirty days in the second and final in the third. Saving those prohibitions provided for by law to protect rights or for activities which are not directed to the public in general for its content.
This measure will be implemented by autonomous municipal governments according to special regulations, those who must check the ends of the complaint.
Mandatory display posters at the entrance to public and private care, service or entertainment establishments open to the public, in visible form the following text declares:? Are all persons equal before the law?. In case of illegally restricted access to local public, may submit his complaint to the autonomous municipal governments.
Article 16. (MASS COMMUNICATION). The media that endorses or publishes racist and discriminatory ideas will be subject to economic sanctions and suspension of license to operate, subject to regulation.
Article 17. (OBLIGATION TO REPORT). The person that in exercise of the function public hearing made of racism and all form of discrimination, is in the obligation of denounce before the authorities corresponding; in case of failure to do so will be liable to the penalty provided for in article 178 of the criminal code.
Article 18. (PROTECTION OF VICTIMS, WITNESSES AND COMPLAINANTS). The State shall guarantee the physical and psychological security of victims, witnesses and complainants of crimes of racism and all forms of discrimination.
Article 19. (ALTERNATIVE OUTLETS). In accordance with the provisions of article 26 of the code of criminal procedure, prosecutors will seek in the framework of legality the settlement of the criminal conflict, through the application of the alternative outlets planned by law.
Article 20. (FALSE OR RECKLESS DENUNCIATION). The person who knowingly disturb or denunciare as author or author, or participant in a crime of racism or any form of discrimination to a person who did not commit it, giving rise to start the corresponding criminal proceedings, it will be punished in accordance with article 166 of the Criminal Code provisions.
Chapter V crimes against the dignity of being human article 21. (OFFENCES). The following provision is incorporated in chapter II of title III of the first book of the Penal Code,:? Article 40 Bis-(General aggravation). The minimum will rise by a third and in a medium maximum, penalties of any offence established in the special part of this code and other criminal laws complementary, when they have been committed for racist or discriminatory reasons described in the articles 281 bis and ter 281 of this same code. In any case may worth exceed the maximum established by the political Constitution of the State.?
Article 22. Amending Title VIII of the second book of the Penal Code whose text will be drafted in the following terms:? Offences against the life, integrity and the dignity of the human being?.
Article 23. Is embodied in title VIII of the second book of the Penal Code, the? Chapter V? called:? Do crimes against the dignity of the human being?, which shall include the following provisions: article 281 bis-(racism).
The person who arbitrarily and illegally, restrict, abandoned, undermine or prevent the exercise of individual and collective rights on grounds of race, national or ethnic origin, colour, descent, membership to Nations and peoples originally indigenous peasants or town establishing or using their dress or language, will be punished with imprisonment of three to seven years.
The sanction will be aggravated by one third the minimum and one half the maximum when: the fact is committed by a servant or public servant or public authority.
The fact is committed by a private individual in the provision of a public service.
The fact is committed with violence.
Article 281 ter-(discrimination).
The person who arbitrarily and illegally obstruct, restrict, impair, prevent or defeat the exercise of individual and collective rights on grounds of sex, age, gender, sexual orientation and identity of gender, cultural identity, family affiliation, nationality, citizenship, language, religion, ideology, political or philosophical opinion, civil status, economic or social condition, disease, type of occupation, degree of instruction, different capacities or physical disability intellectual or sensory State of pregnancy, regional origin, physical appearance and clothing, shall be punished with imprisonment of one to five years.
I. the sanction will be aggravated by one third the minimum and one half the maximum when: the fact is committed by a servant or public servant or public authority.
The fact is committed by a private individual in the provision of a public service.
The fact is committed with violence.
Article 281 c-(dissemination and incitement to racism or discrimination).
The person who, by any means, spread ideas based on superiority or racial hatred, or that promote or justify racism or any form of discrimination, for the reasons described in the articles 281 bis and ter 281, or incite to violence or persecution of individuals or groups of people, founded on racist or discriminatory grounds , will be sanctioned with the penalty sentence of freedom of one to five years.
The sanction will be aggravated in a third of the minimum and in a half of the maximum, when the fact is committed by a server or Server public, or authority public.
When the made is committed by a worker or a worker of a medium of communication social, or owner of the same, not may claim is immunity or immunity any.
Article 281 septieser-(organizations or associations racist or discriminatory.)
The person who participates in an organization or association which promote or justify racism or discrimination described in the articles 281 bis and ter 281 or inciting hatred, violence or persecution of individuals or groups of people based on racist or discriminatory reasons, shall be punished with imprisonment of one to four years.
The sanction will be aggravated by one third the minimum and one half the maximum, when the fact is committed by a servant or public servant or public authority.
Article 281 g-(insults and other verbal attacks by racist or discriminatory reasons) which by any means effected insults and other verbal aggression, for racist or discriminatory reasons described in the articles 281 bis and ter 281, you will incur in providing work of forty days to 18 months and a fine of forty to one hundred fifty days.
If this offence was committed through printed, manuscript, or through media, the penalty shall be aggravated by one third the minimum and in a way the most.
If the syndicated person of this crime retractare, before or at time of the formal charges, criminal action shall be extinguished. Not be permitted a second withdrawal on the same made.
The withdrawal must be made by the same means, in equal conditions and scope by which insult or verbal aggression, assuming the costs that this implies.
Article 24. (CRIMINAL PROCEEDINGS). Amending articles 20 and 26 of part II of the first book of the code of criminal procedure, the text of which shall be drafted in the following terms: article 20.-(crimes of private action). They are crimes of private action: check overdraft, defective check rotation, rotation offset clientele, corruption of dependents, misappropriation, abuse of trust, honour crimes, destruction of things to defraud, dissatisfaction with services or food, hoist goods or civil malaise, dispossession, alteration of boundaries, disturbance of possession, simple damage and insults and other verbal by racist or discriminatory motives aggression.
Other offences are public action.
Article 26.-(Conversion of shares). To asked of the victim, the action criminal public may be converted in action private in the following cases: when is try of a crime that requires instance of part, except them exceptions planned in the article 17 ° of this code;
In the case of offences of heritage content or culpable offences which do not result death whenever there is a severely compromised public interest; and when he is of? Crimes against the dignity of the being human? whenever there is a public interest seriously compromised, when it has arranged the refusal referred to in article 304 or the application of the criterion of opportunity referred to in paragraph 1) item 21 of this code and the victim or the complainant made opposition.
In the cases provided for in the numeral 1) and 2) the conversion shall be authorized by the District Attorney or who he delegated authorization which will be issued within three days of request. En_el_caso_de the numeral 3) the conversion shall be authorized by the competent judge.
SOLE FINAL PROVISION. The Executive Branch, is responsible for the regulation of this law, where appropriate within a period of 90 days after its promulgation, on the basis of a broad process of consultation and social participation.
SOLE TRANSITIONAL PROVISION. Instructs the Ministry of Justice, the development of an orderly text of the Penal Code, including modifications incorporated by this law.
SOLE ABROGATION PROVISION. All provisions contrary to this law are repealed.
Refer to the Executive Branch, for constitutional purposes.
Two thousand ten is given in room sessions of the Assembly Legislative multinational, eight days of the month of October in the year.
FDO. Rene Oscar Martinez Callahuanca, Hector Enrique Arce Zaconeta, Andrés A. Villca Daza, Clementina Garnica Cruz, Pedro Nuny Hawkeye, José Antonio Yucra walls.
I therefore enacted it is and meets as a law of the plurinational State of Bolivia.
Palace of Government of the city of La Paz, the eight days of the month of October of two thousand ten years.
FDO. EVO MORALES AYMA, Oscar Coca Antezana, Sacha Sergio Llorentty Soliz, Juvenal Walter Delgadillo third Minister of works public services and housing, and planning development, Antonia Rodriguez Medrano interim Minister of productive development and PLURAL economy and acting of economy and finance public, Robert Ivan Aguilar Gomez, Nilda Copa Condori, Elizabeth Arismendi Chumacero Minister of Defense of the State and acting of autonomy , Zulma Yugar Parraga.
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