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By Establishing Rules Awareness, Prevention And Punishment Of Forms Of Violence And Discrimination Against Women Are Held, The Penal Code, Criminal Procedure Law 294 Of 1996 Are Amended And Other Provisions

Original Language Title: Por la cual se dictan normas de sensibilización, prevención y sanción de formas de violencia y discriminación contra las mujeres, se reforman los Códigos Penal, de Procedimiento Penal, la Ley 294 de 1996 y se dictan otras disposiciones

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1257 OF 2008

(December 4)

Official Journal No. 47.193 of 4 December 2008

CONGRESS OF THE REPUBLIC

For which norms of sensitization, prevention and punishment of forms of violence and discrimination against women are dictated, the Penal Codes, of Criminal Procedure, the Law 294 of 1996 and other provisions are dictated.

COLOMBIA CONGRESS

DECRETA:.

CHAPTER I.

GENERAL PROVISIONS.

ARTICLE 1o. present law aims at the adoption of rules to guarantee for all women a life free of violence, both in the public and in the private sphere, the exercise of the rights recognized in the law. internal and international legal systems, access to administrative and judicial procedures for their protection and attention, and the adoption of the public policies necessary for their implementation.

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ARTICLE 2o. DEFINITION OF VIOLENCE AGAINST WOMEN. For violence against women, any action or omission is understood, causing death, damage or physical, sexual, psychological, economic or patrimonial suffering because of her status as a woman, as well as threats of such acts, coercion or arbitrary deprivation of liberty, whether it is present in the public or private sphere.

For the purposes of this law, and in accordance with the provisions of the Plans of Action of the Vienna, Cairo and Beijing Conferences, for economic violence, any action or omission directed at economic abuse, or abusive control, is understood. of finance, rewards or monetary punishments for women because of their social, economic or political condition. This form of violence can be consolidated in relationships of partners, family, work or economic.

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ARTICLE 3o. CONCEPT OF HARM AGAINST WOMEN. To interpret this law, the following definitions of damage are established:

a) Psychological Damage: Consequence arising from the action or omission intended to degrade or control the actions, behaviors, beliefs and decisions of other persons, by means of intimidation, manipulation, threat, direct or indirect, humiliation, isolation or any other conduct involving injury to psychological health, self-determination or personal development.

b) Damage or physical suffering: Risk or decrease in the body integrity of a person.

c) Damage or sexual suffering: Consequences that stem from action consisting in forcing a person to maintain sexualised, physical or verbal contact, or to engage in other sexual interactions by using force, intimidation, coercion, blackmail, bribery, manipulation, threat or any other mechanism that nullify or limits personal will. Equally, the fact that the person is being assaulted by the person who is being assaulted with third parties will be considered to be harmful or to sexual suffering.

(d) Heritage Damage: Loss, transformation, subtraction, destruction, retention or distraction of objects, work instruments, personal documents, goods, securities, rights or economic purposes intended to meet the needs of women.

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ARTICLE 4. INTERPRETATION CRITERIA. The principles contained in the Political Constitution, and in the Treaties or International Conventions on Human Rights ratified by Colombia, in particular the Convention on the Elimination of All Forms of Human Rights discrimination against women and the inter-American convention to prevent, punish and eradicate violence against women, the other laws, the case law concerning the matter, will serve as a guide for their interpretation and application.

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ARTICLE 5o. MINIMUM GUARANTEES. The enunciation of the rights and guarantees contained in the legal order, should not be understood as negation of others that are inherent in the women not expressly included in it.

CHAPTER II.

PRINCIPLES.

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ARTICLE 6o. PRINCIPLES. The interpretation and application of this law shall be made in accordance with the following principles:

1. Real and effective equality. It is up to the State to design, implement and evaluate public policies to achieve women's access to services and the actual fulfillment of their rights.

2. Human rights. Women's rights are Human Rights.

3. Principle of Corresponsibility. Society and the Family are responsible for respecting women's rights and contributing to the elimination of violence against women. The State is responsible for preventing, investigating and punishing all forms of violence against women.

4. Integrality. Attention to women victims of violence will include information, prevention, guidance, protection, punishment, reparation and stabilization.

5. Autonomy. The state recognizes and protects women's independence to take their own misactions without undue interference.

6. Coordination. All entities that have within their functions the attention of women victims of violence must exercise coordinated and articulate actions in order to provide them with comprehensive care.

7. Not Discrimination. All women regardless of their personal, social or economic circumstances such as age, ethnicity, sexual orientation, rural or urban origin, religion among others, will be guaranteed the rights set forth in this law. through a forecast of minimum standards throughout the national territory.

8. Differentiated Attention. The State shall ensure attention to the specific needs and circumstances of groups of particularly vulnerable or at-risk women, in such a way as to ensure their effective access to the rights enshrined in this law.

CHAPTER III.

RIGHTS.

ARTICLE 7o. WOMEN ' S RIGHTS. In addition to other rights recognized in law or in duly ratified international treaties and conventions, women have the right to a dignified life, to physical, sexual and psychological integrity, to the privacy, not to be subjected to torture or cruel and degrading treatment, to real and effective equality, not to be subjected to any form of discrimination, to freedom and autonomy, to the free development of personality, to health, to sexual health and reproductive and personal security.

ARTICLE 8o. RIGHTS OF VICTIMS OF VIOLENCE. All victims of any forms of violence provided for in this law, in addition to those referred to in Article 11 of Law 906 of 2004 and Article 15 of Law 360 of 1997, is entitled to:

a) Receiving comprehensive care through services with sufficient, accessible, and quality coverage.

(b) Receive guidance, legal advice and legal technical assistance free of charge, immediately and specialised from the moment the fact that the violence is established is brought to the attention of the authority. The aggressor may be ordered to bear the costs of this care and assistance. It is up to the State to guarantee this right by carrying out the corresponding actions against the aggressor and in any event will guarantee the provision of this service through the public defender's office;

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c) Receive clear, complete, truthful and timely information regarding their rights and the mechanisms and procedures provided for in this law and other consistent rules;

d) Give your informed consent for the medical-legal examinations in the cases of sexual violence and choose the sex of the optional for the practice of the same within the possibilities offered by the service. Promoting entities and health service providers shall promote the existence of the right of both sexes to the attention of victims of violence;

e) Receive clear, complete, truthful and timely information regarding sexual and reproductive health;

f) Being treated with an identity reservation upon receipt of medical, legal, or social assistance in respect of your personal data, those of your descendants or anyone else who is under your custody or custody;

g) Receive medical, psychological, psychiatric, and forensic medical assistance in the terms and conditions laid down in the legal order for them and their sons and daughters;

h) Access the protection and care mechanisms for them, their sons and daughters;

i) Truth, justice, reparation and guarantees of non-repetition in the face of acts of violence;

j) The stabilization of your situation in accordance with the terms provided for in this law.

k) To decide voluntarily whether they can be confronted with the aggressor in any of the areas of attention and in administrative, judicial or other procedures.

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CHAPTER IV.

AWARENESS AND PREVENTION MEASURES.

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ARTICLE 9o. AWARENESS-RAISING AND PREVENTION MEASURES. All authorities responsible for formulating and implementing public policies should recognize social, biological differences and inequalities in relationships between people according to sex, age, the ethnicity and role they play in the family and in the social group.

The National Government:

1. Formulate, implement, update comprehensive national strategies, plans and programs for the prevention and eradication of all forms of violence against women.

2. Implement training programmes for public servants to ensure adequate prevention, protection and care for women who are victims of violence, with particular emphasis on justice operators, health workers and women. Police authorities.

3. It will implement in the above areas the recommendations of the international bodies, in the field of Human Rights of Women.

4. Develop plans for prevention, detection, and care for situations of harassment, sexual assault, or any other form of violence against women.

5. It will implement measures to encourage social punishment and the reporting of discriminatory practices and violence against women.

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6. Strengthen the presence of institutions responsible for the prevention, protection and care of women victims of violence in the geographical areas in which their life and integrity are at risk due to conflict situations. violent actions by armed actors.

7. Develop prevention, protection and care programs for women in a situation of displacement in the face of acts of violence against them.

8. Adopt measures to investigate or punish members of the police, armed forces, security forces and other forces engaged in acts of violence against girls and women, who are in conflict situations, presence of armed actors.

9. The entities responsible under this law shall provide information regarding gender-based violence to the information system determined by the Ministry of Social Protection and the Presidential Office for the Equity of Women. through the Gender Affairs Observatory, for information, monitoring and monitoring.

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Departments and Municipalities

1. The issue of violence against women will be included in the agenda of the Councils for Social Policy.

2. The municipal and departmental development plans will include a chapter on prevention and care for women victims of violence.

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ARTICLE 10. Communications. The Ministry of Communications will develop dissemination programs that contribute to the eradication of violence against women in all its forms, to ensure respect for the dignity of women and to promote equality between men and women. and women, avoiding any discrimination against them.

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ARTICLE 11. EDUCATIONAL MEASURES. The Ministry of Education, in addition to those mentioned in other laws, will have the following functions:

1. Ensure that educational institutions incorporate training in respect for the rights, freedoms, autonomy and equality between men and women as part of the Chair in Human Rights.

2. Develop policies and programs that contribute to raising awareness, training and training the educational community, especially teachers, students and parents, on the issue of violence against women.

3. Design and implement prevention and protection measures against the unschooling of women victims of any form of violence.

4. To promote the participation of women in non-traditional occupational training and vocational training programmes for them, especially in the basic sciences and applied sciences.

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ARTICLE 12. MEASURES IN THE FIELD OF WORK. The Ministry of Social Protection, in addition to those mentioned in other laws, will have the following functions:

1. It will promote the social and economic recognition of women's work and implement mechanisms to make the right to equal pay effective.

2. It will develop campaigns to eradicate all acts of discrimination and violence against women in the workplace.

3. It will promote the entry of women into non-traditional productive spaces for women.

PARAGRAFO. Professional Risk Administrators (ARP), employers and/or contractors, as far as each of them is concerned, will adopt appropriate and effective procedures for:

1. Making women's right to equal pay cash cash.

2. To deal with complaints of sexual harassment and other forms of violence against women under this law. These rules will also apply to worker cooperatives and other organisations which have a similar object.

3. The Ministry of Social Protection will ensure that the Professional Risk Administrators (ARP) and the Boards of Companies comply with the provisions of this paragraph.

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ARTICLE 13. MEASURES IN THE FIELD OF HEALTH. The Ministry of Social Protection, in addition to those mentioned in other laws, will have the following functions:

1. It shall draw up or update the protocols and guidelines for action by health institutions and their staff in cases of violence against women. In the framework of this law, for the elaboration of the protocols the Ministry will take special care in the care and protection of the victims.

2. It shall regulate the Compulsory Health Plan to include the activities of care for the victims in application of this law, and in particular those defined in subparagraphs (a), (b) and (c) of Article 19 thereof.

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3. A comprehensive prevention and intervention section on violence against women will be included in national and territorial health plans.

4. It will promote respect for women's decisions on the exercise of their sexual and reproductive rights.

PARAGRAFO. The National Health Plan will define actions and allocate resources to prevent violence against women as a component of public health actions. All public health plans and programs at the territorial level will consider actions in the same direction

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ARTICLE 14. FAMILY DUTIES. The family will have a duty to promote the rights of women in all their recognized vital stages, enshrined in this law and likewise the elimination of all forms of violence and inequality against women.

They are family duties for these effects:

1. Prevent any act that threatens or violates the rights of women identified in this law.

2. Refrain from performing any act or conduct involving physical, sexual, psychological or patrimonial abuse against women.

3. Refrain from performing any act or conduct involving discrimination against women.

4. Participate in the democratic spaces for discussion, design, formulation and implementation of policies, plans, programs and projects of interest for the elimination of discrimination and violence against women.

5. Promote participation and respect for women in decisions related to the family environment.

6. Respect and promote the exercise of women's autonomy.

7. Respect and promote the exercise of women's sexual and reproductive rights.

8. Respect the cultural, religious, political and sexual manifestations of women.

9. To provide women with a decent and equal treatment with all family members and to create conditions of equity, opportunities and autonomy so that they can exercise their rights. Enable appropriate spaces and ensure their participation in issues related to their family and social environment.

10. Take all necessary actions to ensure the exercise of women's rights and eliminate violence and discrimination against them in the family environment.

PARAGRAFO. In indigenous peoples, Afro-descendant communities and other ethnic groups the obligations of the family shall be established in accordance with their traditions and cultures, provided they are not contrary to the Political Constitution and international human rights instruments.

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ARTICLE 15. accordance with the principle of co-responsibility civil society organizations, associations, companies, organized trade, economic associations and other legal and natural persons, have the responsibility to take an active part in achieving the elimination of violence and discrimination against women. For these purposes they must:

1. To know, respect and promote the rights of recognized women identified in this law.

2. Refrain from performing any act or conduct involving physical, sexual, psychological or patrimonial abuse against women.

3. Refrain from performing any act or conduct involving discrimination against women.

4. Denounce violations of women's rights and violence and discrimination against them.

5. Actively participate in the formulation, management, compliance, evaluation and control of public policies related to women's rights and the elimination of violence and discrimination against them.

6. Collaborate with the authorities in the implementation of the provisions of this law and in the implementation of policies that promote women's rights and the elimination of violence and discrimination against them.

7. Carry out all actions necessary to ensure the exercise of women's rights and eliminate violence and discrimination against them.

CHAPTER V.

PROTECTION MEASURES.

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ARTICLE 16. Article 4or Act 294 of 1996, as amended by Article 1or Act 575 of 2000, will remain as follows:

" Article 4or. Any person who, within his/her family context, is a victim of physical, psychological, or damage to his/her sexual integrity, threat, grievance, offense or any other form of aggression by another member of the family group, may request, without prejudice to the criminal complaints to which there is a place, to the family member of the place where the facts occur, and in the absence of the latter to the Municipal Civil Judge or Municipal Promiscuo, an immediate protection measure to put an end to the violence; abuse or aggression or prevent it from being carried out when it is imminent.

Where at the address of the person who has been assaulted there is more than one court competent to know of this action, the request shall be immediately submitted to the distribution.

PARAGRAFO. In cases of intra-family violence in indigenous communities, the competent to know about these cases is the respective indigenous authority, in development of the special jurisdiction provided by the National Constitution in article 246".

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ARTICLE 17. Article 5or Act 294 of 1996, as amended by Article 2or Act 575 of 2000, will remain as follows:

" Article 5or. Protective measures in cases of intra-family violence. If the competent authority determines that the applicant or a member of a family group has been the victim of violence, it shall, by means of a reasoned providence, issue a definitive measure of protection, in which it shall instruct the aggressor to abstain from conduct the conduct of the complaint, or any other similar conduct against the offended person or other member of the family group. The official may, in addition, as appropriate, impose the following measures, without prejudice to those laid down in Article 18 of this Law:

(a) To order the aggressor to dislodge the room house that he shares with the victim, when his or her presence constitutes a threat to the life, physical integrity or health of any member of the family;

(b) To order the aggressor to refrain from entering any place where the victim is located, where, in the opinion of the official, such limitation is necessary to prevent the person from disturbing, intimidating, threatening or otherwise interfering with the with the victim or with the minors, whose provisional custody has been awarded to him;

(c) Prohibit the aggressor from hiding or moving children, girls and disabled persons from residence to the family group, without prejudice to the criminal actions to which they may take place;

d) Obligation to resort to a reeducational and therapeutic treatment in a public or private institution offering such services, at the expense of the aggressor.

(e) If necessary, the aggressor shall be ordered to pay the costs of guidance and legal, medical, psychological and psychological advice required by the victim;

Act 1761 of 2015; Art. 9

(f) When violence or abuse is considered serious and its repetition is subject to the competent authority, it shall order a special temporary protection of the victim by the police authorities, both at his home and in his place of work if he is have;

g) Order the police authority, upon request of the victim, to accompany the victim for re-entry to the place of residence when she has been obliged to leave to protect her safety;

(h) provisionally decide on the status of visits, custody and custody of children and daughters if any, without prejudice to the civil jurisdiction of other authorities, who may ratify or amend this measure;

i) Suspend the holding, carrying, and use of weapons, in the event that they are indispensable for the exercise of their profession or profession, the suspension shall be motivated;

(j) provisionally decide who will be in charge of food pensions, without prejudice to competition in civil matters from other authorities who will be able to ratify or amend this measure;

k) provisionally decide on the use and enjoyment of family housing, without prejudice to competition in civil matters from other authorities who may ratify or amend this measure;

1) To prohibit, to the aggressor the realization of any act of alienation or lien of property of his property subject to registration, if it has existing conjugal society or patrimonial. For this purpose, it shall officiate the competent authorities. This measure shall be enacted by the Judicial Authority;

m) To order the immediate return of the objects of personal use, identity documents and any other document or object of property or custody of the victim;

n) Any other measure necessary for the fulfilment of the objectives of this law.

PARAGRAFO 1o. In the divorce or separation of bodies processes due to maltreatment, the judge may decree any of the protection measures enshrined in this article.

PARAGRAFO 2o. These same measures may be provisionally and immediately issued by the judicial authority that knows of the crimes that originate in acts of intra-family violence.

PARAGRAFO 3o. The competent authority shall forward all cases of domestic violence to the Office of the Prosecutor General of the Nation for the purposes of the investigation of the crime of domestic violence and possible crimes ".

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ARTICLE 18. PROTECTION MEASURES IN CASES OF VIOLENCE IN AREAS OTHER THAN THE FAMILY MEMBER. Women victims of any of the forms of violence referred to in this law, in addition to those referred to in Article 5or Act 294 of 1996 and without prejudice to the judicial proceedings to be taken, shall be entitled to the immediate protection of their rights, by means of special and expeditious measures, including following:

(a) Rissue the victim and her daughters and children to a place where they find the guardian of their life, dignity, and integrity and that of their family group.

c) Order the transfer of the prison or prison institution for women deprived of liberty;

d) Any other measure necessary for the fulfillment of the purposes of this law.

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CHAPTER VI.

ATTENTION MEASURES.

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ARTICLE 19. The attention measures provided for in this law and those implemented by the National Government and the territorial entities will seek to prevent the attention paid by the victim and the aggressor from being provided by the same person and in the same place. Women in special risk situations will be taken into account in the care measures.

a) Ensure the victim's room and power through the General Health System. The Health Promoters and the Subsidized Regime Administrators, will provide room and food services in the health service providers, or hire hotel services for such purposes; in all The transport service of the victims of their sons and daughters will be included. Additionally, they will have systems of reference and counterreference for the attention of the victims, always guaranteeing the guardian of their life, dignity and integrity.

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(b) Where the victim decides not to remain in the available hotel services, or has not been hired, a monthly monetary allowance shall be allocated for the room and feeding of the victim, his sons and daughters, as long as he/she is verify that the same will be used to cover these expenses in a different place than the aggressor. This allowance will also be conditional on the assistance to medical, psychological or psychiatric appointments required by the victim.

In the contributory scheme this subsidy will be equivalent to the amount of the contribution made by the victim to the General System of Social Security in Health, and for the subsidized regime it will be equivalent to a minimum monthly salary in force.

c) The Health Promoters and the Subsidized Regime Administrators will be responsible for providing medical, psychological and psychiatric assistance to women victims of violence, their children and their children.

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PARAGRAFO 1o. The application of the measures defined in literals (a) and (b) shall be up to six months, extendable for up to six months as long as the situation warrants it.

PARAGRAFO 2o. The application of these measures will be done by the General System of Social Security in Health.

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PARAGRAFO 3o The location of the victims will be reserved to ensure their protection and security, and those of their sons and daughters.

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ARTICLE 20. INFORMATION. The municipalities and districts shall provide information and advice to women victims of violence appropriate to their personal situation, on the services available, the entities entrusted with the provision of such services, the relevant legal procedures and existing repair measures.

The existing lines of care in municipalities and districts will immediately, accurately and accurately inform the community and the victim of any forms of violence, protection and care mechanisms.

It will be ensured through the necessary means that women victims of violence with disabilities, who do not know how to read or write, or those who speak a language other than Spanish, have comprehensive and adequate access to information about the existing rights and resources.

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ARTICLE 21. ACCREDITATION OF SITUATIONS OF VIOLENCE. The situations of violence that give rise to the attention of women, their children and their children, shall be credited with the protection measure issued by the competent authority, without being required to additional requirements.

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ARTICLE 22. STABILISATION OF VICTIMS. For the stabilisation of victims, the competent authority may:

a) Requesting the victim's preferential access to technical or higher education courses, including food subsidy, tuition, lodging, transportation, among others.

b) To order the parents of the victim to return to the education system, if this is a minor.

c) Order the victim's access to extracurricular activities, or use of free time, if this is a minor.

d) Order the victim's access to semi-hospitalized, outsourced, or support interventions, if this is a minor.

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ARTICLE 23. Employers who occupy female workers who are victims of proven violence, and who are required to file income and supplementary income, have the right to deduct from income the 200% of the value of wages and social benefits paid during the year or taxable period, since the employment relationship exists, and for a period of three years.

CHAPTER VII.

OF THE SANTIONS.

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ARTICLE 24. Add to Article 43 of Act 599, 2000 the following numerals:

10. The prohibition of approaching the victim and/or members of their family group.

11. The prohibition of communicating with the victim and/or members of their family group.

PARAGRAFO. For the purposes of this article, the family group is integrated:

1. Spouses or permanent partners.

2. The father and the mother, although they do not live in the same place.

3. The ancestors or descendants of the former and the adopted children.

4. All other persons who are permanently integrated into the domestic unit.

For the effects foreseen in this article, affinity will be derived from any form of marriage, free union.

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ARTICLE 25. Add to Article 51 of Act 599, 2000 the following paragraph:

The prohibition of approaching the victim and/or members of their family group and of communicating with them, in the case of crimes related to domestic violence, will be in effect during the time of the main sentence and up to twelve (12) months more.

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ARTICLE 26. Modify the numeral 1 and add the numeral 11 to article 104 of Act 599 of 2000, as follows:

1. In the spouses or permanent partners; in the father and mother of the family, although they do not live in the same household, in the ascending or descending order of the former and the adopted children; and in all other persons who permanently be integrated into the domestic unit.

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11. If it were committed against a woman for the fact of being a woman.

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ARTICLE 27. Add to Article 135 of Act 599, 2000, the following paragraph:

The penalty provided for in this article will be increased from the third part by half when a woman is committed for being a woman.

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ARTICLE 28. The numeral 4 of article 170 of Act 599 of 2000 will remain so:

" 4. If the conduct is executed with respect to the relative to the fourth degree of consanguinity, the fourth degree of affinity or the first civil, the spouse or the partner or permanent partner, or any person who is permanently integrated into the domestic unit, or taking advantage of the trust placed by the victim in the author or some or some of the unit-holders. For the purposes set out in this article, the affinity shall be derived from any form of marriage or free union. "

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ARTICLE 29. Add to Chapter II of Title IV of the Second Book of Law 599 , 2000, the following article:

" Article 210 A. Sexual harassment. He who in his or a third party's profit and valiorates of his manifest superiority or relations of authority or of power, age, sex, position of labor, social, family or economic, acts, persecutes, harass or besiege physically or verbally, for purposes Non-consensual sex, to another person, will be in prison from one (1) to three (3) years. "

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ARTICLE 30. Modify the number 5 and add numerals 7 and 8 to article 211 of Act 599 of 2000 as follows:

" 5. The conduct shall be carried out on a relative up to a fourth degree of consanguinity, quarter of affinity or first civil, on spouse or companion or permanent partner, or against any person permanently integrated into the unit domestic, or by taking advantage of the trust placed by the victim in the author or some or some of the members. For the purposes set out in this article, the affinity shall be derived from any form of marriage or free union.

7. If it is committed on persons in a situation of vulnerability due to their age, ethnicity, physical, mental or sensory disability, occupation or occupation.

8. If the event is committed with the intention of generating social control, fear or obedience in the community. "

Editor Notes
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ARTICLE 31. Modify the numeral 3 and add the numeral 4 to article 216 of Act 599 of 2000 as follows:

" 3. It shall be carried out in respect of a relative up to a fourth degree of consanguinity, quarter of affinity or first civil, of spouse or partner or permanent partner, or against any person permanently integrated into the domestic unit, or by taking advantage of the trust placed by the victim in the author or some or some of the members. For the purposes set out in this article, the affinity shall be derived from any form of marriage or free union.

4. It is committed to people in a situation of vulnerability because of their age, ethnicity, physical, mental or sensory disability, occupation or occupation. "

Editor Notes
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ARTICLE 32. Add a paragraph to Article 230 of Act 599, 2000 as follows:

" Paragraph. For the purposes of this Article, it is understood that the family group comprises the spouses or permanent partners; the father and the mother of the family, even if they do not live in the same place; the ascending or descending and the adopted children; all other persons who are permanently integrated into the domestic unit. Affinity will be derived from any form of marriage, free union. "

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ARTICLE 33. Add the following paragraph to Article 149 of Law 906, 2004:

" Paragraph. In proceedings relating to offences against sexual and sexual violence and sexual violence, the judge may, at the request of any of the interveners in the proceedings, arrange for hearings to be held for the public. The denial of this request shall be made by means of a reasoned decision. Where requested by any of the interveners in the process, the competent authority may determine the identity reservation in respect of his or her personal data, those of his or her descendants and those of any other person under his or her guardian or custody ".

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ARTICLE 34. The protective measures provided for in this law and the aggravation of criminal conduct shall also apply to those who cohabitate or have cohabitated.

CHAPTER VIII.

FINAL PROVISIONS.

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ARTICLE 35. Follow up. The Department of Women's Equity in coordination with the Office of the Attorney General of the Nation and the Ombudsman's Office will set up the committee to monitor the implementation and enforcement of this law. participation of women's organisations.

The Council will present an annual report to the Congress of the Republic on the situation of violence against women, their manifestations, magnitude, progress and setbacks, consequences and impact.

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ARTICLE 36. The subsequent rule that restricts the scope of protection of this law or limits the rights and measures of protection or, in general, implies a lack of improvement or rollback in the protection of the rights of the women or in the elimination of violence and discrimination against them, must explicitly state the reasons why the restriction, limitation, lack of improvement or regression is justified. In the case of laws, this shall be done in the explanatory statement.

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ARTICLE 37. For the purposes of exceptions or derogations, this law is not to be understood to be contrary to subsequent rules on the matter, but when they identify in a precise manner the rule of this law. exception, modification or repeal object.

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ARTICLE 38. The national, departmental, district and municipal governments will have the obligation to disseminate widely and in a didactic way at all levels of the Colombian population, and in detail, the provisions contained in this law.

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ARTICLE 39. This law governs from its enactment and repeals all provisions that are contrary to it.

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The President of the honorable Senate of the Republic,

HERNAN FRANCISCO ANDRADE SERRANO.

The Secretary General of the honorable Senate of the Republic,

EMILIO OTERO DAJUD.

The President of the honorable House of Representatives,

GERMAN MALE COTRINO.

The Secretary General of the honorable House of Representatives,

JUSUS ALFONSO RODRIGUEZ CAMARGO.

COLOMBIA-NATIONAL GOVERNMENT

Publish and comply.

Dada en Bogotá, D. C., 4 December 2008.

ALVARO URIBE VELEZ

The Minister of the Interior and Justice,

FABIO VALENCIA COSSIO.

The Minister of Social Protection,

DIEGO PALACIO BETANCOURT.

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