Act No. 66/An/719/8Th On The Protection, Prevention And Care Of Women And Children Victims Of Violence.

Original Language Title: Loi N° 66/AN/719/8ème L portant protection, prévention et prise en charge des femmes et enfants victimes de violence.

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Act No. 66/AN/719/8th L on the protection, prevention and care of women and children victims of violence.

NATIONAL ASSEMBLEE A ADOPTETHE PRESIDENT OF THE PROMULGUE REPUBLICI'll tell you what.




VU The Constitution of 15 September 1992;
VU Constitutional Law No.92/AN/10/6th Revision of the Constitution of 21 April 2010;
VU Law No. 20/AN/98/4 L of 27 May 1998 adhering to the Convention for the Elimination of All Forms of Discrimination against Women ratified by Djibouti on 2 December 1998;
VU Law No. 221/AN/17/8th L amending and supplementing Act No. 133/AN/05/5th L of 28 January 2006 bearing Labour Code;
VU Law 59/AN/94 of 5 January 1995 on the Penal Code;
VU Law No. 60/AN/94 of 05 January 1995 on the Code of Criminal Procedure;
VU Law No.95/AN/15/7th L of 18 May 2015 on the Code of Legal Protection of Minors;
VU Law No.152/AN/02/4th L of 31 January 2002 on the Family Code;
VU Law 171/AN/17/7th L carrying organizations of the Ministry of Women and the Family;
VU Order No.2019-91/PR/MTRA of 30 April 2019 amending certain provisions of Decree No.83-104/PR/FP of 10/09/83 establishing the leave and absence of civil servants;
VU Order No.2019-095/PRE of 05 May 2019 appointing the Prime Minister;
VU Order No.2019-096/PRE of 05 May 2019 appointing members of the Government;
VU Decree No.2019-116/PRE/2019 of 26 May 2019 establishing the powers of the Ministries;
VU Circular No.023/PAN of 03/02/2020 closing the 1st public meeting Extraordinary session of the AN 2020;
The Council of Ministers heard in its meeting of 15/10/2019.


CHAPTER I: OBJECT AND PAPLICATION CHAMP

Article 1: The purpose of this Act is to combat all forms of violence against women and children in the Republic of Djibouti.
It aims to put in place measures that can prevent, protect, support victims of gender-based violence and prosecute perpetrators of such violence.

Article 2: This Act covers all forms of discrimination and violence suffered by women and children based on gender discrimination, and is the perpetrators.

Article 3: For the purposes of this Act:
- woman: every female person of any age,
- child: any male or female person, as defined in the Child Protection Code,
- discrimination against women: any distinction, exclusion or restriction that affects or is intended to affect the recognition of women, human rights and freedoms, on the basis of full and effective equality, in the civil, political, economic, social and cultural fields, or to impair this recognition or enjoyment or exercise of these rights by women, regardless of colour, race, age, language, nationality
- violence against women: any physical, moral, sexual or economic harm to women, based on gender-based discrimination, which results in injury, suffering or bodily, psychological, sexual or economic harm to women, and also includes the threat of such harm, pressure or deprivation of rights and freedoms, whether in public or private life.
- violence against children: any act of violence causing or causing physical, sexual, psychological, moral, economic and cultural harm or suffering to children, including the threat of such acts, whether in public life or in private life;
- domestic violence: when a person exercises or threatens to exercise physical, mental or sexual violence within a family, marital or marital relationship that is ongoing or dissolved.
- cultural violence: any harmful and degrading practice against women and girls drawing their justification in customs, traditions
- Sexual assault: any sexual assault committed with violence, coercion, threat to a woman or girl,
- economic violence: the use of its means to slow down or prevent the economic or financial development of any person or to prevent any person from enjoying his or her socio-economic rights;
- moral and psychological violence: any behaviour, speech and attitude that affects the personality of the woman or the girl, her image, self-esteem and her inner balance;
- heritage violence: any act or negligence affecting the survival of the victim and consisting of transforming, subtracting, destroying, retaining or diverting objects, documents, goods and values, heritage rights or economic resources to cover his or her needs and to extend to damage caused to the common or victim-specific property
- physical violence: any act or behaviour that affects the physical integrity of the woman or daughter;

Chapter II: Prevention and protection of violence against women and children

Article 4: The State is committed to implementing national policies and strategies, sectoral programmes, to take all necessary measures to eliminate all forms of violence against women and children in the family, the social environment, the educational environment, vocational training, health, cultural, sports and media.

Article 5: The State undertakes to take care of women and children who are victims of violence who reside with it.
The State undertakes to recognize the status of victim to the woman and children who reside with her who have suffered violence, to respect the victim's will to make the decision that matters to her, to respect and guarantee the confidentiality of the privacy and personal data of the victim, to provide legal advice to victims of violence and to provide legal aid to them.

Article 6: Departments and other relevant public institutions must take all necessary measures to prevent and combat violence against women and children. They shall, in accordance with their competence, undertake, inter alia:
the development of a specific training policy on gender equality and the fight against violence against women, and children in order to ensure that it acquires the necessary knowledge and techniques to help them deal with issues of violence in the educational space, and to ensure that:
- early detection of domestic violence, especially against children;
- education for conflict prevention and peaceful resolution in all settings of personal, family and social life;
- the organization of specific training sessions in the areas of human rights, women ' s rights, its protection and the fight against violence against it, for the benefit of officials operating in these areas;
- taking all necessary measures to combat early school abandonment, especially among girls in all regions,
- the creation of listening cells, social action offices in cooperation with interested parties,
- the dissemination and consolidation of the culture of human rights education in culture among young generations.

Article 7: Women and children who are victims of violence and children who live with them are protected. For this they benefit from:
- the appropriate legal protection to the nature of violence against him,
- access to information and legal advice regarding provisions governing judicial procedures and available services,
- legal aid,
- fair reparation for victims of violence,
- health and psychological monitoring, appropriate social support and, where appropriate, the benefit of public and associative care, including listening,
- immediate accommodation within available means.

CHAPTER III: PROTECTION AND ASSISTANCE STRUCTURES

Article 8: A support fund for the care of women and girls who are victims of violence is established to ensure the financial viability of measures and structures for the care of women and children victims of violence.

Article 9: The funding of the support fund is provided by the state budget as well as the allocations. The modalities for the implementation of the support fund and its operation are defined by decree issued in the Council of Ministers on the proposal of the Minister of Women and the Family.

Article 10: The State ensures the creation of Integrated Charge Surgery Centres and guarantees free access to women and children victims of violence.
These centres urgently welcome victims, provide them with security, provide them with full support services, including medical care to enable them to benefit from full and free health care, psycho-social counselling and possibly referral to judicial bodies.

Article 11: The integrated care centres also carry out, within the limits of their powers and competences, the protective urgent measures imposed by the competent courts.
The organisation and operation of these cells are set by decree of application.

Article 12: The state puts in place listening and community support cells for women and children exposed to violence.

Article 13: The State facilitates and strengthens access to these centres, cells and all other decentralized social services and structures involved in the struggle and care of victims of violence.
The organisation and operation of these cells are set by decree of application.

Article 14: Women who are victims of violence especially girls who are threatened with forced or arranged marriage, girls sexually abused, are given priority in reception centres.

Article 15: Minor children who are in the custody and supervision of the assaulted person are also entitled to comprehensive social assistance through these social services.

Article 16: It can also create reception structures like those of the State, human rights organizations, customary and religious authorities.
These structures can benefit from State support.
The organisation and operation of these cells are set by decree of application.

CHAPTER IV: FINAL PROVISIONS

Article 17: This Act repeals all previous provisions to the contrary.

Article 18: This Act will be published as soon as it is promulgated and executed wherever necessary.

Done in Djibouti, 13/02/2020


President of the Republic,
Head of Government
ISMAÏL OMAR GUELLEH