1995 (December 29)
Official Gazette No. 42,171., Of December 29, 1995
Through which the International Convention to prevent, punish and eradicate violence against approving the woman, signed in the city of Belem Do Para, Brazil, on 9 June 1994. Summary
THE CONGRESS OF COLOMBIA DECREES:
having regard to the text of the "Convention on the Prevention, Punishment and Eradication of Violence against Women", signed in Belem Do Para, Brazil, on June 9, 1994 .
(to be transcribed. photocopy of the full text of that instrument, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs is attached).
"Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women, Convention of Belem Do Para".
The States Parties to the present Convention,
Recognizing that full respect for human rights has been enshrined in the American Declaration of the Rights and Duties of Man and the Universal Declaration of Human Rights and reaffirmed in other international and regional instruments.
Affirming that violence against women constitutes a violation of human rights and fundamental freedoms, and impairs or nullifies the recognition, enjoyment and exercise of such rights and freedoms.
Concerned that violence against women is an offense to human dignity and a manifestation of the historically unequal power relations between women and men.
Recalling the Declaration on the Elimination of Violence against Women, adopted by the Twenty-fifth Assembly of Delegates of the Inter-American Commission of Women, and affirming that violence against women pervades every sector of society regardless of class, race or ethnicity, income level, culture, education level, age or religion and strikes at its very foundations.
Convinced that the elimination of violence against women is essential for their individual and social development and their full and equal participation in all spheres of life, and
Convinced that the adoption of a convention to prevent , punish and eradicate all forms of violence against women, in the framework of the Organization of American States is a positive contribution to protecting the rights of women and eliminate violent situations that may affect them,
Agree to the following:
CHAPTER I. DEFINITION AND SCOPE
ARTICLE 1o. For the purposes of this Convention it is meant by violence against women as any act or conduct, based on gender, which causes death or physical, sexual or psychological suffering to women, both in public and in private.
. It is understood that violence against women includes physical, sexual and psychological violence:
a) that occurs within the family or domestic unit or within any other interpersonal relationship, whether the perpetrator shares or has shared the same residence the woman, and comprising, among others, rape, and sexual abuse;
B) occurring in the community and is perpetrated by any person, including, among others, rape, sexual abuse, torture, trafficking, forced prostitution, kidnapping and sexual harassment in the workplace, as well as in educational institutions, health facilities or any other place, and
c) that is perpetrated or condoned by the state or its agents, wherever it occurs.
ARTICLE 3. Every woman has the right to a life free of violence, both in public and in private.
ARTICLE 4. Every woman has the right to recognition, enjoyment, exercise and protection of all human rights and embodied in regional and international instruments on human rights and freedoms. These rights include, among others:
a) The right to have his life respected;
B) The right to have his physical, mental and moral integrity respected;
C) The right to liberty and security of person;
D) The right not to be subjected to torture;
E) The right to have the inherent dignity of her person respected and her family protected;
F) The right to equal protection before the law and the law;
G) The right to simple and prompt recourse to a competent court for protection against acts that violate their rights;
H) The right to freedom of association;
I) The right to freedom to manifest religion and beliefs within the law, and
J) The right to equal access to public service in his country and to participate in public affairs, including decision-making.
The 5th ITEM. Every woman may freely and fully exercise their civil, political, economic, social and cultural rights and will have the full protection of those rights as embodied in regional and international human rights instruments. States Parties recognize that violence against women prevents and nullifies the exercise of those rights.
ARTICLE 6o. The right of every woman to a life free of violence includes, among others:
a) The right of women to be free from all forms of discrimination, and
b) the right of women to be valued and educated free of stereotyped patterns of behavior and social and cultural practices based on concepts of inferiority or subordination.
CHAPTER III. DUTIES OF THE STATES
ARTICLE 7. States Parties condemn all forms of violence against women and agree to pursue, by all appropriate means and without delay, policies to prevent, punish and eradicate such violence and carry out the following:
a) Abstain any act or practice of violence against women and ensure that their authorities, officials, personnel, agents, and institutions act in conformity with this obligation;
B) act with due diligence to prevent, investigate and punish violence against women;
C) include in their domestic legislation penal, civil and administrative rules as well as other nature which are necessary to prevent, punish and eradicate violence against women and to adopt appropriate administrative measures where necessary;
D) Adopt legal measures to require the perpetrator to refrain from harassing, intimidating, threatening, damage or endanger the lives of women in any manner that threatens its integrity or damages her property;
E) To take all appropriate measures, including legislative measures, to amend or repeal existing laws and regulations or to modify legal or customary practices which sustain the persistence and tolerance of violence against women;
F) Establish legal and effective procedures for women who have been subjected to violence which include, among others, protective measures, a timely hearing and effective access to such procedures;
G) Establishing judicial and administrative mechanisms to ensure that women subjected to violence have effective access to restitution, reparations or other just and effective remedies, and
h) To adopt legislative or other measures necessary to implement this Convention.
Article 8. States Parties agree to undertake progressively specific measures, including programs:
a) promote knowledge and respect for the right of women to a life free of violence, and the right of women to be respect and protect their human rights;
B) change the cultural patterns of conduct of men and women, including the design of programs of formal and non-formal education appropriate to every level of the educational process, to counteract prejudices, customs and all other practices which are based on the idea of the inferiority or superiority of either of the sexes or on stereotyped roles for men and women which legitimize or exacerbate violence against women;
C) Promote education and training of staff in the administration of justice, police and other officials responsible for law enforcement and other personnel responsible for implementing policies for prevention, punishment and eradication of violence against women;
D) Providing specialized services appropriate for the necessary attention to women subjected to violence by entities public and private sectors, including shelters, counseling services for the whole family, where the case, and care and custody of the affected children;
E) Encourage and support governmental and private sector education designed to raise public awareness of the problems related to violence against women, legal remedies and reparation as appropriate;
F) Provide women who are subjected to violence access to effective rehabilitation programs and training to enable them to fully participate in public, private and social life;
G) Encourage the media to develop appropriate media guidelines to help eradicate violence against women in all its forms and to enhance respect for the dignity of women;
H) To ensure research and the gathering of statistics and other relevant information on the causes, consequences and frequency of violence against women, in order to assess the effectiveness of measures to prevent, punish and eradicate violence against women and to formulate and implement the necessary changes, and
i) to promote international cooperation for the exchange of ideas and experiences and implementation of programs to protect women subjected to violence.
Article 9. For the adoption of the measures referred to in this chapter, States Parties shall take particular account of the situation of vulnerability to violence that may occur to women in reason, among others, their race or their ethnicity, migrant, refugees or displaced persons. Likewise it shall be deemed to women subjected to violence while pregnant or who are disabled, minors, elderly, is unfavorable, affected by armed conflict or deprived of their freedom socioeconomic status.
INTER-AMERICAN MECHANISMS OF PROTECTION
ARTICLE 10. In order to protect the right of women to a life free of violence, national reports to the Inter-American Commission of Women, States parties should include information on measures taken to prevent and eradicate violence against women and to assist women affected by violence, as well as the difficulties observed in the application thereof and the factors that contribute to violence against women.
ARTICLE 11. The States Parties to this Convention and the Inter-American Commission of Women may request of the Inter-American Court of Human Rights advisory opinions on the interpretation of this Convention.
ARTICLE 12. Any person or group of persons or nongovernmental entity legally recognized in one or more Member States of the Organization, may submit to the Inter-American Commission on Human Rights petitions containing reports or complaints of violation of article 7. of this Convention by a State Party, and the Commission will consider in accordance with the rules and procedural requirements for the submission and consideration of petitions stipulated in the American Convention on Human Rights and the Statutes and Regulations of the Inter-American Commission Human Rights. CHAPTER V.
ARTICLE 13. Nothing in this Convention shall be construed to restrict or limit the domestic laws of States Parties providing equal and greater protections and guarantees of the rights of women and appropriate safeguards to prevent and eradicate violence against women.
ARTICLE 14. Nothing in this Convention shall be interpreted as restricting or limiting the American Convention on Human Rights or any other international convention on the subject that provides for equal or greater protection in this area.
ARTICLE 15. This Convention is open for signature by all Member States of the Organization of American States.
ARTICLE 16. This Convention is subject to ratification. The instruments of ratification shall be deposited with the General Secretariat of the Organization of American States.
ARTICLE 17. This Convention is open to accession by any other State. The instruments of accession shall be deposited with the General Secretariat of the Organization of American States.
States may make reservations to this Convention at the time of approval, signature, ratification or accession, provided that:
a) not incompatible with the object and purpose of the Convention;
B) are of a general nature and relate to one or more specific provisions.
ARTICLE 19. Any State Party may submit to the General Assembly, through the Inter-American Commission of Women, a proposed amendment to this Convention.
The amendments will enter into force for the states ratifying them on the date on which two thirds of the States Parties have deposited the instrument of ratification. As for the other States Parties shall enter into force on the date of deposit of their instruments of ratification.
ARTICLE 20. The State Party has two or more territorial units in which different systems of law governing matters dealt with in this Convention may, at the time of signature, ratification or accession, the Convention shall apply to all its territorial units or only to one or more of them.
Such statements may be amended at any time by subsequent declarations, which shall expressly indicate the territorial unit or units to which this Convention shall apply. Such subsequent declarations shall be transmitted to the General Secretariat of the Organization of American States and shall become effective thirty days after received.
ARTICLE 21. This Convention shall enter into force on the thirtieth day after the date of deposit of the second instrument of ratification. For each State ratifying or acceding to the Convention after the deposit of the second instrument of ratification, shall enter into force on the thirtieth day after the date of the deposit of its instrument of ratification or accession.
ARTICLE 22. The Secretary-General shall inform all Member States of the Organization of American States of the entry into force of the Convention.
ARTICLE 23. The Secretary General of the Organization of American States shall present an annual report to the Member States of the Organization on the status of this Convention, including the signatures, deposits of instruments of ratification, accession or statements report, as the reservations have been made by States parties and, where appropriate, the report on them.
ARTICLE 24. The present Convention shall remain effective indefinitely, but any State Party may denounce it by depositing an instrument to that effect with the General Secretariat of the Organization of American States. One year after the date of deposit of the instrument of denunciation, the Convention shall cease to have effect for the denouncing State, but shall remain in force for the other States Parties.
Article 25. The original instrument of this Convention, the texts in Spanish, French, English and Portuguese languages are equally authentic, shall be deposited with the General Secretariat of the Organization of American States, which shall send a certified copy of your text for registration and publication to the Secretariat of the United Nations in accordance with Article 102 of the United Nations Charter.
In witness whereof, the plenipotentiaries undersigned, being duly authorized by their respective
governments, have signed this Agreement
to be called "Inter-American Convention on the Prevention, Punishment and Eradication of Violence
against women Convention of Belem Do Para. "
Made in the city of Belem Do Para, Brazil, nine
June in 1994.
The undersigned Head of the Legal Office
Ministry of Foreign Affairs DECLARES
That this faithful reproduction is taken photocopy of the certificate text of the "Convention on the Prevention, Punishment and Eradication Violence against Women ", signed in Belem Do Para, Brazil, on June 9, 1994.
Given in Bogota, DC, on the twenty (23) days of the month
March 1900 ninety five (1995).
Chief Legal Office (E.)
SONIA PEREIRA PORTILLA. Power Executive Branch
Público_Presidencia Republic of Santafe de Bogota, DC
Approved. Submit to the consideration of the honorable
National Congress for constitutional purposes.
Ernesto Samper Pizano Minister of Foreign Affairs,
(Sgd.) RODRIGO PARDO GARCIA_PEÑA. DECREES
ITEM 1A. Approval of the "Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women", signed in Belem Do Para, Brazil on June 9, 1994.
ARTICLE 2A. In accordance with article 1. 7a Act. 1994, the "Convention on the Prevention, Punishment and Eradication of Violence against Women," which by the article 1o. of this Act is approved, it will force the country from the date the international link is perfect therefrom.
ARTICLE 3A. This Law governs from the date of publication.
The President of the honorable Senate, JULIUS CAESAR
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable House of Representatives,
Rodrigo Rivera Salazar.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
communication and publication.
prior review by the Constitutional Court, under Article 241_10
of the Constitution.
Given in Bogota, DC, on 29 December 1995.
Ernesto Samper Pizano Minister of Foreign Affairs,
RODRIGO PARDO GARCÍA-PEÑA.