Key Benefits:
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR
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DECREE N ° 286
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
I.-That the Constitution establishes as obligations of the State to protect, preserve and defend the right to life, physical and moral integrity, freedom,
work, property and possession of persons; by establishing in Article 3 the principle of equality of all persons and the guarantee not to be discriminated against in the enjoyment of their rights, among other reasons, for reason of
their sex.
II.-That the State of El Salvador by Legislative Decree N ° 605, dated June 2
of 1981, has ratified the Convention On the Elimination of All Forms of Discrimination Against Women (CEDAW), which requires States Parties to take all appropriate measures, including
legislative character, to amend or repeal Laws and practices that constitute discrimination against women.
III.-That the State of El Salvador Legislative Decree No. 430 dated 23 of
August 1995, has ratified the Inter-American Convention to Prevent, Punish and Eradicate Violence Against Women "Convention of Belém Do Pará", hereinafter "the Convention of Belém Do Pará", by which according to
Article 3, every woman has the right to a life free of violence both in the public and private sphere; and in accordance with Article 1, any action or conduct based on her or her gender that
causes physical, sexual, or psychological death, damage, or suffering, and that it is the obligation of the States parties as provided for in Article 7.C, including in their domestic legislation, criminal rules that are necessary to prevent, punish and eradicate
violence against women.
IV.-That in addition, the Comprehensive Special Law for a Free Life of Violence for the
Women, LLEIV, establishes as a guiding principle the specialization in matter, through which, women have the right to a differentiated and specialized care with due diligence, to achieve a just
equality and real equality in the legal plane; in this sense, it is To create and develop processes that respond to the demand for specialized and comprehensive services, taking all the necessary measures to
achieve the full realization of the rights to simple and effective resources before the Competent courts to protect women against acts that violate their rights, as established by both CEDAW and the Convention
of Belém Do Pará.
V.-That on the basis of the above, it is necessary to create a new jurisdiction to immediately respond to cases of rights violations,
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committed against women.
BY TANTO:
in use of their faculties Constitutional and on the initiative of the Supreme Court.
DECCRETA, the following:
Decree for the Creation of the Specialized Courts for a Free Life of Violence and Discrimination for Women
Art. 1.-Erijase the Specialized Jurisdiction for a Life Free of Violence and Discrimination for Women.
Art. 2.-Create the following Specialized Courts of Instruction for a Free Life of Violence and Discrimination for Women:
a) In the Municipality of San Salvador: Specialized Court of Instruction for a Free Life of Violence and Discrimination for Women. He will have jurisdiction to hear about the matters that are referred to him by the Peace Courts and who have his seat in the Departments of San Salvador, La Libertad, Chalatenango, La Paz, Cabanas, Cuscatlán
and San Vicente;
b) Municipality of Santa Ana: Specialized Court of Instruction for a Free Life
of Violence and Discrimination for Women. He will have jurisdiction to hear about the matters referred to him by the Peace Courts and who have his seat in the Departments of Santa Ana, Ahuachapan and Sonsonate; and,
c) In the Municipality of San Miguel: Instruction for a Free Life of Violence and Discrimination for Women. He will have competence to hear from the
issues that will be referred to him by the Peace Courts and who have their seat in the Departments of Usulutan, San Miguel, La Union and Morazán.
These courts will have mixed jurisdiction in the light of matter, for:
1. The matters referred to him by the Peace Courts in application of the crimes
established in the Comprehensive Special Law for a Free Life of Violence for Women;
2. The complaints and notices based on the Law Against Intrafamilial Violence, in the cases
in which the victims are women, provided that they are facts that do not constitute a crime and when they have not prevented the Courts of Peace from the jurisdiction in which the facts have occurred; and these will not result in more serious illicit activities
contained in the Comprehensive Special Law for a Free Life of Violence for Women;
3. The issuance, monitoring and surveillance of the necessary precautionary and protective measures to ensure the effectiveness of the administrative processes and procedures and
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judicial, which establish: the Comprehensive Special Law for a Free Life of Violence for Women, the Law of Equality, Equity and Eradication of Discrimination Against
Women, and other regulations applicable to this new jurisdiction; and,
4. Crimes of employment discrimination, attacks on the right of equality and violence
intra-family, non-compliance with the duties of economic assistance, disobedience in case of domestic violence, all of the Penal Code always that they are committed under the mode of gender-based violence against women.
Art. 3.-Create the following Specialized Courts of Sentencing for a Free Life of Violence and Discrimination for Women:
a) In the Municipality of San Salvador: Specialized Court of Judgment for a Life Free of Violence and Discrimination for Women. He will have jurisdiction to hear in
sentencing of criminal matters to be referred to him by the Specialized Court of Instruction for a Free Life of Violence and Discrimination for Women of San Salvador;
b) In the Municipality Santa Ana: Specialized Court of Judgment for a Life Free of Violence and Discrimination for Women. He will have competence to know in sentencing of the criminal matters that will be referred to him by the Specialized Court of
Instruction for a Free Life of Violence and Discrimination for Women of Santa Ana; and,
c) In the Municipality San Miguel: Specialized Court of Judgment for a Free Life of Violence and Discrimination for Women. He will have competence to know in sentencing of the criminal cases that will be referred to him by the Specialized Court of
Instruction for a Free Life of Violence and Discrimination for Women of San Miguel.
Art. 4.-Create the Specialized Chamber for a Free Life of Violence and Discrimination for Women, based in the municipality of San Salvador, which will have competence at the national level and will know in second instance the issues and resources that will be interpose in this jurisdiction,
in application of:
a) Jurisdiction crimes of this jurisdiction;
b) The Law Against Intrafamily Violence; and,
c) The Law on Equality, Equity and Eradication of the Discrimination against Women.
Art. 5.-The Supreme Court will have the form of organization, structure and
administrative operation of the Courts and Tribunals that are integrated according to the previous articles, being able to move staff from the Courts and Courts deemed appropriate to serve the functions of the Courts and Courts created under this Decree, all in accordance with applicable Laws.
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Charges are excepted for Judge or Judge of the Court of Justice and Magistrate of Chamber created in virtue of this Decree, whose holders will be appointed by the Supreme Court of Justice as
the Law, prior to an open call and a specialized and accredited training process taught by the School of Training Judicial.
The minimum profile to be collected by the person Jueza or Magistrate of the Specialized Courts or Specialized Chamber, created here, will be the one established in the Manual of Classification of Charges of the Judicial Authority.
Art. 6.-All the legal personnel and multidisciplinary teams assigned to the Courts, Courts and Chamber referred to in this Decree, must accredit knowledge on the right of
Women to a Free Life of Violence and Discrimination and Human Rights, in compliance with the provisions of Article 27 of the Comprehensive Special Law for a Free Life of Violence for Women.
The School of Judicial Training will guarantee continuous training and specialized in the right of women to a life free of violence and discrimination, and right anti-discrimination, for the judicial and administrative staff of the Specialized Courts here created, and of the Courts and
administrative bodies referred to in the Penitentiary Law.
Art. 7. Notwithstanding the provisions of Article 160-B of the Law of the Judicial Organic Law, the Supreme Court of Justice may provide for the use of electronic, optical, telematic, magnetophonic,
computer systems, and other technologies for the practice of procedural acts of communication.
Art. 8.-Create four multidisciplinary teams for a Life Free of Violence and Discrimination
for Women, to support the present specialized jurisdiction, in the areas: Central, Paracentral, Western and Eastern, with staff especially qualified. These teams will have at least specialists in the following areas: psychology, social work and education.
Art. 9. The Specialized Judges and Judges may be assisted, when deemed necessary, by the Institutional Units of Specialized Care for Women, referred to in Article
25 of the Comprehensive Special Law for a Free Life. of Violence for Women, or any public or private institution providing protection and care services to direct and indirect victims, who will have the obligation to support them as a priority in these requirements.
the same meaning, the Judicial Authority must take the necessary measures to ensure that Victim care and other services, provide an effective, integrated and prompt response
to the needs of the users of the new jurisdiction.
Art. 10.-Competition by connection and any other matter of non-regulated competition in
this Decree, relating to the present specialized jurisdiction, shall be governed by the provisions of the procedural rules of the matter which are
The provisions of the Comprehensive Special Law for a Free Life of Violence for Women will have preferential procedural application by connection, with respect to other punitive figures established in other normative bodies, the new Courts, established in this Decree, must be aware of the illegal related cases when one or more of those charged to a person is established in the Special Act
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Integral for a Free Life of Violence for Women.
Art. 11.-The Judges, Judges and Magistrates of the Specialized Courts and the Specialized Chamber, which, by reason of this Decree are created, will be able to move to carry out the proceedings and hearings that the Law establishes, within the respective territories in which they exercise jurisdiction, and
in order to provide better access to justice for the victims; for which they must have the assistance of the Judicial Branch, Public Ministry, National Civil Police, especially when the situation of vulnerability or risk in the integrity of the alleged victims so requires.
You may also point to any diligence on non-working days and hours when circumstances require, upon notification of the parties and interveners.
Art. 12.-The Criminal Court and the Civil Court of the Supreme Court of Justice, if any, will know of the resources of Cassation that are brought against the resolutions of the House
Specialized for a Free Life of Violence and Discrimination for Women, according to the subject of their competencies.
Also, they will know in the second instance when, as established in the Constitution and the Law, it is for the aforementioned House to know in the first instance, In these cases, the jurisdiction in Cassation to the plenum of the Supreme Court of Justice.
Art. 13. In order to monitor the execution of the penalty in the criminal jurisdiction of this specialized jurisdiction, the Courts of Penitentiary Surveillance and Enforcement of the Penalty shall be competent, in accordance with the provisions of the Judicial Organic Law, under the guiding principles of the Comprehensive Special Law
for a Free Life of Violence for Women and the Law on Equality, Equity and Eradication of Discrimination Against Women.
Art. 14.-In compliance with this new Specialized Jurisdiction, the Supreme Court of Justice is empowered to:
a) Create new Courts and Chambers Specialised in the territories it deems appropriate;
b) Transforming the Specialized in Plurpersonal Courts;
c) Establish system of work shifts or extended hours of care in days and hours
not working; and,
d) Contreating, permanently or temporarily, the services of expertise specialized
such as those of social anthropology, cr iminology, rational and differentiated use of the force, Human Rights and substantive equality, and other specialties that are necessary and required by the judicial authority.
In all cases, depending on the specialized studies and case incidence analysis, the evolution of the service demand and workload, will be periodically measured by the same Supreme Court of Justice or the dependency that it designates.
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Transitional Provisions
Art. 15.-The Specialized Court of Instruction, the Specialized Court of Judgment and the Chamber of the Specialized for a Life Free of Violence and Discrimination for Women, which will be based in the City of San Salvador, will begin their operation on one June of the year two thousand
sixteen.
The remaining Courts created in this Decree will enter into operations through Agreements
to be issued by the Supreme Court of Justice, no later than one June of the year two thousand seventeen.
Art. 16.-Processes which, in the first or second instance, are in the process of one
of June of the year two thousand sixteen, will continue to be processed in the aforementioned common jurisdiction, leaving their respective Courts empowered to to complete and issue relevant execs and certifications.
Art. 17. This Decree shall be incorporated into the Law of the Judicial Organic Law.
Art. 18. The provisions of the Law and other laws and
legal provisions that contradict or oppose the provisions of this Decree are repealed.
Art. 19.-This Decree will enter into force eight days after its publication in the Official Journal.
GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, at the twenty-five days of February of the year two thousand sixteen.
LORENA GUADALUPE PEÑA MENDOZA,
PRESIDENT.
GUILLERMO ANTONIO GALLEGOS NAVARRETE, ANA VILMA ALMASEZ DE ESCOBAR,
FIRST VICE PRESIDENT. SECOND VICE-PRESIDENT.
JOSÉ SERAFIN ORANTES RODRÍGUEZ, NORMAN NOEL QUIJANO GONZÁLEZ,
THIRD VICE-PRESIDENT. FOURTH VICE-PRESIDENT.
SANTIAGO FLORES ALFARO,
FIFTH VICE PRESIDENT.
GUILLERMO FRANCISCO MATA BENNETT, DAVID ERNESTO REYES MOLINA,
FIRST SECRETARY. SECOND SECRETARY.
MARIO ALBERTO TENORIO GUERRERO, REYNALDO ANTONIO LÓPEZ CARDOZA,
THIRD SECRETARY. FOURTH SECRETARY.
JACKELINE NOEMI RIVERA AVALOS, JORGE ALBERTO ESCOBAR BERNAL, FIFTH SECRETARY. SIXTH SECRETARY.
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ABILIO ORESTES RODRÍGUEZ MENJÍVAR, JOSÉ FRANCISCO MERINO LÓPEZ,
SEVENTH SECRETARY. EIGHTH SECRETARY.
CASA PRESIDENTIAL: San Salvador, at the eighteen day of the month of March of the year two thousand
sixteen.
PUBESQUIESE,
Salvador Sánchez Cerén, President of the Republic.
Mauricio Ernesto Ramírez Landaverde, Minister of Justice and Public Security.
D. O. 60
Volume N ° 411 Date: April 4, 2016
JQ/fc 21-04-2016
EXTENSION:
D. L. No. 397, 2 JUNE 2016, D. O. No. 112, T. 411, JUNE 16, 2016. (VENCE 31/12/16)
JQ 08/07/16
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