Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/crease-la-jurisdiccion-y-los-tribunales-especializados-para-una-vida-libre-de-violencia-y-discriminacion-para-las-mujeres/archivo_documento_legislativo
1 DECREE No. 286
THE LEGISLATURE OF THE REPUBLIC OF EL SALVADOR, CONSIDERING
I.- The Constitution establishes State obligations to protect, preserve and defend the right to life , physical and moral integrity, liberty,
security, work, property and possession of persons; Article 3 established the principle of equality of all persons and guarantee not to be discriminated against in the enjoyment of their rights, among other reasons, because of their sex
II.- That the State of El Salvador by Legislative Decree No. 605, dated June 2, 1981
has ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW its acronym in English), which requires States parties to take all appropriate measures, including
legislation, to amend or repeal laws and practices that constitute discrimination against women.
III.- That the State of El Salvador by Legislative Decree No. 430 dated 23 August 1995
has ratified the Convention on the Prevention, Punishment and Eradication of Violence Against Women "Convention of Belém Do Pará ", hereinafter" Convention of Belém do Pará ", by which according to Article 3
, every woman has the right to a life free of violence in both the public and private sectors; and under Article 1 it should be understood as violence against women as any act or conduct, based on gender
causes death or physical, sexual or psychological, and it is the obligation of States parties as provided in Article 7.C, include in their domestic legislation penal provisions necessary to prevent, punish and eradicate violence
IV.- That also Comprehensive Special Law for a Life Free of Violence for Women
hereinafter Leiv establishes as a guiding principle specialization in the field, by which women are entitled to a differentiated and specialized care with due diligence, which achieves a fair
equality and real equality in law; as such, it is imperative to create and develop processes that respond to the demand for specialized and comprehensive services, to take all necessary measures to
achieving the full realization of the right to simple and effective remedies before the competent courts, which protect women against acts that violate their rights, as also establish both CEDAW and the
Convention of Belem do Para.
V.- That on the basis of the foregoing, it is necessary to create a new jurisdiction to give direct to cases of human rights violations response
committed against women. THEREFORE
in exercise of its constitutional powers and initiative of the Supreme Court.
DECREES the following:
Decree for the creation of specialized courts for a Life Free of Violence and Discrimination for Women
Art. 1. Eríjase specialized jurisdiction for a life free of violence and discrimination against women.
Art. 2. Specialized Courts Créanse the following Instruction to a Life Free of Violence and Discrimination for Women:
a) In the Municipality of San Salvador: Instruction Specialized Court for a Life Free of Violence and Discrimination for Women. Shall have jurisdiction to hear matters referred to it by the Magistrates' Courts and having their seat in the departments of San Salvador, La Libertad, Chalatenango, La Paz, Cabañas, Cuscatlán and San Vicente
B) In the Municipality of Santa Ana: Specialized Court of Instruction for Life Free of Violence and Discrimination
for Women. Shall have jurisdiction to hear matters referred to it by the Magistrates' Courts and having their seat in the departments of Santa Ana, Ahuachapán and Sonsonate; and
c) In the municipality of San Miguel: Instruction Specialized Court for a Life Free of Violence and Discrimination for Women. Shall have jurisdiction to hear
matters referred to it by the Magistrates' Courts and having their seat in the Departments of Usulutan, San Miguel, La Union and Morazán.
These Courts have mixed competition because of the matter, to hear:
1. Matters are referred to it by the Magistrates' Courts pursuant
crimes established in the Comprehensive Special Law for a Life Free of Violence for Women;
2. Complaints and notices based on the Law Against Domestic Violence, in cases
Where the victims are women, always concerned of facts not constitute a crime and they have not prevented the Magistrates' Courts jurisdiction of the jurisdiction in which the facts have happened; and they do not RESULTING more serious illegal
contained in the Comprehensive Special Law for a Life Free of Violence for Women;
3. The issue, monitoring and surveillance and protective precautionary measures necessary to ensure the effectiveness of administrative processes and procedures and
which provide: Comprehensive Special Law for a Life Free of Violence for Women, Law of Equality, Equity and Eradication of Discrimination Against Women
and other regulations applicable to this new jurisdiction; and
4. The crimes of employment discrimination, infringements of the right to equality and domestic violence
, dereliction of duty of economic, disobedience in case of domestic violence, all of the Penal Code provided that they are committed in the form of gender violence against women.
Art. 3. Créanse the following Specialized Courts Sentence to a Life Free of Violence and Discrimination for Women:
a) In the Municipality of San Salvador: Judgment Specialized Court for a Life Free of Violence and Discrimination for Women. Shall have jurisdiction in
judgment of criminal cases that are referred to it by the Special Court of Instruction for a Life Free of Violence and Discrimination for Women in San Salvador;
B) In the Municipality of Santa Ana: Judgment Specialized Court for a Life Free of Violence and Discrimination for Women. Shall have jurisdiction in a judgment of criminal cases that are referred to it by the Special Court
Instruction for a Life Free of Violence and Discrimination for Women Santa Ana; and
c) In the municipality of San Miguel: Judgment Specialized Court for a Life Free of Violence and Discrimination for Women. You shall have jurisdiction in a judgment of criminal cases that are referred to it by the Specialized Court of Instruction
a Life Free of Violence and Discrimination for Women of San Miguel.
Art. 4. Create the Specialized Chamber for a Life Free of Violence and Discrimination for Women, based in the municipality of San Salvador, which has jurisdiction nationwide and will meet in the second instance of cases and appeals filed in the this jurisdiction, pursuant
a) The crimes within this jurisdiction;
B) The Law Against Domestic Violence; and
c) The Equal, Equality and Elimination of Discrimination against Women.
Art. 5. The Supreme Court will have the form of organization, structure and
administrative operation of the Courts to be integrated under the preceding articles, staff can move the Courts as deemed appropriate, to address the functions of the courts and Chamber established under this Decree, all in accordance with applicable laws.
charges for Judge or Judge and Magistrate Court Chamber established under this Decree, whose holders persons shall be appointed by the Supreme Court of Justice under the Law
Excepted, after an open call and process specialized and accredited training by the Judicial training School.
The minimum profile that the person must meet Judge or Judge of the Specialized Courts or specialized camera, here created, is set out in the Job Classification Manual of the judiciary.
Art. 6. All legal staff and multidisciplinary teams assigned to the Courts, Courts and Chamber referred to this Decree, shall demonstrate knowledge of the right
Women to a Life Free of Violence and Discrimination and Human Rights in compliance with the provisions of Article 27 of the Comprehensive Special Law for a Violence-Free Life for Women.
The Judicial Training School ensure continuing and specialized training in the right of Women to a Life Free of Violence and Discrimination and anti-discrimination law for judicial and administrative personnel of the specialized courts created here, and the Courts
administrative and the Prisons Act refers to organisms.
Art. 7. Notwithstanding the provisions of Article 160-B of the Organic Judiciary Act, the Supreme Court may order the use of electronic, optical, telematics, magnetophonic systems,
computer, and other technologies for practice of procedural acts of communication.
Art. 8. Créanse four multidisciplinary teams to a Life Free of Violence and Discrimination
for Women, to support this specialized jurisdiction in Zones: Central, Paracentral, Western and Eastern, with specially trained. These teams will have at least specialists in the following areas: psychology, social work and education.
Art. 9. The judges may Specialized succor, when deemed necessary, of the Institutional Units Specialized Care for Women, to Article 25 of the Integral
Special Law for a Life Free of Violence for concerns women, or any public or private institution providing protection services and attention to direct and indirect victims, who are obliged to support them priority in these requirements.
In the same vein, the judiciary must take the necessary measures to ensure that victims care units and other services, provide effective, integrated and prompt
to the needs of users of the new jurisdiction.
Art. 10. Competition for connection and any other matter of unregulated competition in this Decree
concerning this specialized jurisdiction, shall be governed by the provisions of the procedural law of matter being knowing.
The provisions of the Comprehensive Special Law for a Life Free of Violence for Women have preferred procedural application for connection, with respect to other punitive figures established in other regulatory bodies, must meet the new Law, established in this Decree, the related illegal when one or more than one person is charged is established in the Special Law
for a Life Free of Violence for Women.
Art. 11. The Judges, Judges Holders and Specialized Courts Specialized Chamber, that because of this Decree are created, they can move to make the proceedings and hearings that the Act provides, within the respective territories in which exercise jurisdiction and
order to provide better access to justice for victims; for which they must have the help of the Judiciary, Public Ministry, National Civil Police, especially when the situation of vulnerability or risk to the integrity of the alleged victims so requires.
They may bring proceedings in non-working days and hours when circumstances require, prior notification of the parties and participants.
Art. 12. The Criminal Division and the Civil Chamber of the Supreme Court, if necessary, shall hear appeals filed against the decisions of the House
Specialized for a Life Free of Violence and discrimination against women, according to the terms of their skills.
They will meet in the second instance when, as established in the Constitution and the Law, corresponds to the said House shall in first instance, corresponding in such cases Cassation competition in the plenary of the Supreme Court.
Art. 13. To monitor the execution of the sentence in the criminal jurisdiction of this specialized jurisdiction, the courts will have jurisdiction Prison Supervision and Execution of Sentences, according to the provisions of the Organic Judiciary Act, under the guiding principles of
Comprehensive Special Law for a Violence-Free Life for Women and the Equality Act, Equality and Elimination of Discrimination Against Women.
Art. 14. Pursuant to this new specialized jurisdiction, is empowered the Supreme Court, for:
a) Create new Courts and Specialized Chambers in the territories it deems appropriate;
B) Transform the Specialized Courts in multi;
C) Establish system work shifts or extended care on days and hours
nonbusiness hours; and
d) To contract, permanent or temporary basis, the services of specialized expertise
such as social anthropology, cr iminología, rational and differentiated use of force, human rights and substantive equality, and other specialties they are necessary and required by the judicial authority.
In all cases, depending on specialized studies and analysis of incidence, changes in service demand and workload will be measured periodically by the Supreme Court of Justice or the dependence it designates.
Transitory Provisions Art. 15. The Court for Instruction, the Specialized Sentencing Court and the Special Chamber for a Life Free of Violence and Discrimination for Women, which will be based in the City of San Salvador, will begin operation on June 1 of
year two thousand and sixteen.
The remaining courts created in this Decree shall enter into operations through agreements
be issued by the Supreme Court, at the latest on 1 June in the year two thousand and seventeen.
Art. 16. The processes at first or second instance are pending
Day One June, two thousand sixteen, will continue to be processed in said common jurisdiction, leaving their respective courts empowered to finalize and issue executory and relevant certifications.
Art. 17.- This Decree shall be incorporated into the Organic Judiciary Act.
Art. 18.- hereby repealed provisions of the Organic Judicial Law and other laws and legal precepts
contradict or conflict with the provisions of this Decree.
Art. 19.- This Decree shall enter into force eight days after its publication in the Official Journal.
GIVEN IN THE BLUE ROOM OF THE LEGISLATIVE PALACE: San Salvador, on the twenty day of February in the year two thousand and sixteen.
LORENA GUADALUPE MENDOZA PEÑA, PRESIDENT
GUILLERMO ANTONIO NAVARRETE GALLEGOS Ana Vilma Albanez de Escobar,
FIRST VICE. SECOND VICE PRESIDENT.
ORANTES SERAFIN JOSE RODRIGUEZ, NORMAN NOEL GONZALEZ Quijano,
THIRD VICE. FOURTH VICE.
SANTIAGO FLORES ALFARO,
GUILLERMO FRANCISCO MATA BENNETT, DAVID REYES ERNESTO MOLINA,
first secretary. Second Secretary.
MARIO ALBERTO GUERRERO TENORIO, REYNALDO ANTONIO LOPEZ Cardoza
Third Secretary. Fourth secretary.
JACKELINE AVALOS NOEMI RIVERA, JORGE ALBERTO ESCOBAR BERNAL, QUINTA Secretariat. SIXTH SECRETARY.
ABILIO Orestes MENJIVAR RODRIGUEZ, JOSE FRANCISCO LOPEZ MERINO,
seventh Secretary. EIGHTH SECRETARY.
PRESIDENTIAL HOUSE: San Salvador, on the eighteenth day of March, two thousand
Salvador Sanchez Ceren, President of the Republic.
Mauricio Ernesto Ramirez Landaverde, Minister of Justice and Public Security.
OJ No. 60 Volume No. 411 Date: April 4, 2016
JQ / fc
DL No. 397, 2 JUNE 2016 OJ No. 112, T. 411, 16 JUNE 2016 (VENCE 31/12/16) 07/08/16 JQ
Search Translated Laws of El Salvador