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Reformed Law Against Domestic Violence.

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

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DECEMBER No. 591

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF THE SALVADOR,

CONSIDERING:

I.- That article 3 of the Constitution of the Republic states that “all persons are equal before the law. Restrictions on the enjoyment of civil rights may not be established on the basis of differences of nationality, race, sex or religion. We do not recognize hereditary jobs or privileges.”

II.- That Legislative Decree No. 430, dated 23 August 1995, published in Official Gazette No. 154, Volume No. 328, of the same date, ratifys the “Inter-American Convention to Prevent, Punish and Eradicate Violence against Women”, “Belem Do Pará Convention”, which establishes the obligation of States parties to include in their domestic legislation rules that are necessary to prevent, punish and eradicate women.

III.- That by Legislative Decree No. 902 of 28 November 1996, published in Official Gazette No. 241, Volume No. 333 of 20 December 1996, the “Act against Domestic Violence” is issued.

IV.- That Legislative Decree No. 520, dated 25 November 2010, published in Official Gazette No. 2, Volume No. 390 of 4 January 2011, issued the “Special Comprehensive Law for a Life Free of Violence for Women”.

V.- That Legislative Decree No. 645, dated 17 March 2011, published in Official Gazette No. 70, Volume No. 391, of 8 April 2011, issued the “Act on Equality, Equity and Eradication of Discrimination against Women”.

VI.- That in the spirit of realizing a life free of violence and discrimination for women in the family sphere, it is appropriate to harmonize and systematize legislation, ensuring the prevention of discriminatory behaviour and violence against women within their families.

VII.- That currently the temporary special protection measure set out in the " Domestic Violence Act " is not sufficient since the aggressor can only be withdrawn for a maximum of eight hours, which causes him to continue to harass and intimidate the victim of violence.

VIII.- That the fundamental constitutional principle of life should be guaranteed, and ensure that the withdrawal of the aggressor of the domicile for longer achieves the tranquility and support of the victim and his family group.

IX.- That this temporary special protection measure should be expanded, considered as a rehabilitative function, since in a way it allows the victim to be

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feel safe and not in danger of undermining your integrity or that of your family circle.

TANTO,

Mariana, Mariana.

DECRETE the following:

REFORMS TO THE LAW AGAINST INTRAFAMILIARY VIOLENCE

Art. 1.- Refresh the “a)” and “e” of Art. 2 as follows:

(a) Respect for the life, dignity and physical, psychological, sexual and patriotic integrity of the person;

(e) The principles laid down in the Comprehensive Special Law for a Life Free of Violence for Women, Law on Equality. Equity and Eradication of Discrimination against Women, and other principles contained in international conventions and treaties and existing family legislation.

Art. 2.- Refresh the “d)” and “f)” of Art. 10 as follows:

(d) It will provide the victim with information on the rights conferred upon her by this law and other relevant rights, and on governmental or private services available to victims of domestic violence; and

(f) In its duty to assist victims, and in cases where domestic violence is not yet a criminal offence; even if the victim does not request it; the National Civil Police may issue the temporary special protection measure, which shall consist of ordering the alleged aggressor, to stay away from the scene, up to a maximum period of forty-eight hours. Disobedience to this order will entail criminal responsibility.

Art. 3.- This Decree shall enter into force eight days after its publication in the Official Gazette.

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DADO en EL SALON AZUL DEL PALACIO LEGISLATIVE: San Salvador, at the eighteenth day of December of the year two thousand thirteen.

OTHON SIGFRIDO MORALES, PRESIDENT.

ENRIQUE ALBERTO LUIS VALDES SOTO, GUILLERMO ANTONIO GALLEGOS NAVARRETE, FIRST VICEPRESIDENT. SECOND VICEPRESIDENT.

JOSE FRANCISCO MERINO LOPEZ, FRANCISCO ROBERTO LORENZANA DURAN, TERCER VICEPRESIDENT. VICEPRESIDENT FOURTH.

CARLOS ARMANDO REYES RAMOS, QUINTO VICEPRESIDENT.

LORENA GUADALUPE PEÑA MENDOZA, MANUEL VICENTE MENJIVAR ESQUIVEL, FIRST SECRETARIAT. SECOND SECRETARY.

SANDRA MARLENE SALGADO GARCIA, JOSE RAFAEL MACHUCA ZELAYA, TERCERA SECRETARIA. SECRETARY FOURTH.

IRMA LOURDES PALACIOS VASQUEZ, ERNESTO ANGULO MILLA, QUINTA SECRETARIA. SECRETARY SIX.

FRANCISCO JOSE ZABLAH SAFIE, JOSE SERAFIN ORANTES RODRIGUEZ, SEPTIMO SECRETARIO. OCTAVO SECRETARY.

CASA PRESIDENCIAL: San Salvador, on the sixteenth day of January of the year two thousand fourteen.

PUBLIQUESE,

Carlos Mauricio Funes Cartagena, President of the Republic.

José Ricardo Perdomo Aguilar, Minister of Justice and Public Security.

D. O. No. 11 Volume No. 402 Date: January 20, 2014

JBCH/geg 21-02-2014

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