Reformed Law Against Domestic Violence.

Original Language Title: REFÓRMASE LA LEY CONTRA LA VIOLENCIA INTRAFAMILIAR.

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Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/reformase-la-ley-contra-la-violencia-intrafamiliar/archivo_documento_legislativo



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DECREE No. 591 THE LEGISLATURE OF THE REPUBLIC OF EL SALVADOR, CONSIDERING
:
I. That the Constitution of the Republic, Article 3 states that "All persons are equal before the law. For the enjoyment of civil rights, no restrictions based on differences of nationality, race, sex or religion may be established. Hereditary offices or privileges are recognized ".
II.- by Legislative Decree No. 430, dated August 23, 1995, published in the Official Gazette No. 154, Volume No. 328, of the same date, the "Inter-American Convention on the Prevention, Punishment and Eradication it ratified violence against women "," Convention Belem do Para ", which establishes the obligation of States parties, to include in their domestic legislation, rules are necessary to prevent, punish and eradicate violence against women.
III.- by Legislative Decree No. 902 dated November 28, 1996, published in the Official Gazette No. 241, Volume No. 333 of December 20, 1996, the "Law against Domestic Violence" is issued.
IV.- That by Legislative Decree No. 520, dated November 25, 2010, published in the Official Journal No. 2, Volume No. 390, of January 4, 2011, the "Comprehensive Special Law is issued for Life free of Violence for Women. "
V. That by Legislative Decree No. 645, dated March 17, 2011, published in the Official Journal No. 70, Volume No. 391, of April 8, 2011, the "Law on Equality, Equity was issued and eradication of Discrimination against Women ".
VI.- That with the intention of making effective a life free of violence and discrimination against women in the family, it is appropriate to make a systematic and regulatory harmonization, to ensure the prevention of discriminatory behavior and violence against women in their family environment.
VII.- that currently temporary special protection measure establishing the "Law against Domestic Violence" is not enough since the aggressor can only be removed by a maximum of eight hours, causing short time continue to harass and intimidate the victim of violence.
VIII.- That the fundamental constitutional principle of life must be guaranteed, and ensure that the removal of the aggressor from home for longer achieve the peace and tranquility of the victim and his family.
IX.- the need to extend this special protection measure temporary, considered a rehabilitative function, because in a way allowing the victim
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feel safe and not in danger of undermining its integrity or that of their family circle.
THEREFORE,
in exercise of its constitutional powers, on the initiative of MEPs: Lorena Peña Guadalupe Mendoza, Sandra Marlene Salgado Garcia, Irma Lourdes Palacios Vásquez, Ana Vilma Albanez de Escobar, Dina Yamileth Argueta Avelar, Marta Lorena Araujo, Bertha Mercedes Aviles Rodriguez, Lucía del Carmen Ayala Leon, Ana Lucia Baires Martinez, Blanca Estela Barahona de Reyes, Marta Evelyn Batres Araujo, Silvia Alejandrina Castro Figueroa, Carmen Elena Calderón Sol Escalon, Richard Geston Claros Reyes Norma Cristina Cornejo Amaya, Nidia Diaz, Nery Arely Diaz de Rivera, Carmen Elena Figueroa Rodriguez, Emma Julia Fabian Hernandez, Julio Cesar Fabian Perez, Coralia Patricia Guerra Andreu, Iris Marisol Guerra Henriquez, Norma Fidelia Guevara Ramirios, Estela Yanet Hernandez Rodriguez Guillermo Francisco Mata Bennett, Heidy Carolina Look Saravia, yeymi Elizabett Muñoz Morán, Audelia Kleutgens Guadalupe Lopez, Hortensia Margarita Lopez Quintana, Ostorga Estela Silvia Escobar, Mariela Peña Pinto, Sonia Margarita Rodríguez Siguenza.
DECREES the following:
AMENDMENTS TO THE LAW AGAINST DOMESTIC VIOLENCE
Art. 1. reformed letters "a)" and "e)" of Article 2 as follows:.
A) Respect for life, dignity and physical, psychological, sexual and patrimonial integrity of the person ;
E) The principles set out in the Comprehensive Special Law for a Life Free of Violence for Women, Equality Act. Equality and Elimination of Discrimination Against Women, and the other principles contained in international conventions and treaties and family law in force.
Art. 2. reformed letters "d)" and "f)" of Article 10 as follows:.
D) Provide the victim of information about the rights that the law gives him and others relating to the matter, and on government or private services available to victims of domestic violence; Y,

F) In its duty to help the victims, and in those cases where domestic violence is not a criminal offense; even when the victim requests it not; the National Civil Police may issue the special protection measure temporary, consisting of ordering the person alleged aggressor, you leave the scene, for a maximum period of forty-eight hours. Disobedience to this order shall result in criminal liability.
Art. 3. This Decree shall enter into force eight days after its publication in the Official Journal.
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GIVEN IN THE BLUE ROOM OF THE LEGISLATIVE PALACE: San Salvador, on the eighteenth day of December in the year two thousand and thirteen.
OTHON Sigfrido Reyes Morales, president.
ENRIQUE VALDES LUIS ALBERTO SOTO, GUILLERMO ANTONIO NAVARRETE GALLEGOS, FIRST VICE. SECOND VICE PRESIDENT.
MERINO JOSE FRANCISCO LOPEZ, FRANCISCO ROBERTO DURAN LORENZANA, THIRD VICE. FOURTH VICE.
CARLOS ARMANDO REYES RAMOS, FIFTH VICE.
PEÑA LORENA GUADALUPE MENDOZA, MENJIVAR VICENTE MANUEL ESQUIVEL, First Secretary. Second Secretary.
SALGADO SANDRA MARLENE GARCIA, JOSE RAFAEL MACHUCA Zelaya, Third Secretary. Fourth secretary.
IRMA VASQUEZ PALACIOS LOURDES, ERNESTO ANTONIO ANGULO MILE, QUINTA Secretariat. SIXTH SECRETARY. JOSE FRANCISCO
ZABLAH SAFIE, ORANTES SERAFIN JOSE RODRIGUEZ, seventh Secretary. EIGHTH SECRETARY.
PRESIDENTIAL HOUSE: San Salvador, on the sixteenth day of January of the year two thousand and fourteen.
Published, Carlos Mauricio Funes Cartagena
, President of the Republic.
Ricardo Perdomo Jose Aguilar, Minister of Justice and Public Security.
OJ No. 11 Volume No. 402 Date: 20 January 2014 JBCH
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geg 02/21/2014 LEGISLATIVE INDEX