Summary.
The bill defines vicarious violence in the context of unequal power relations between men and women, directed against women and their children or relatives by current or former spouses or persons with whom they have or have had a comparable intimate relationship, even without cohabitation. It proposes comprehensive protective measures to prevent, punish and eradicate this violence and to assist women, their minor children and minors under their guardianship or custody. The covered conduct includes physical and psychological violence, sexual assaults, threats, coercion, arbitrary deprivation of liberty and the killing of the affected person’s children or relatives.
Its stated purposes include raising public awareness in educational, social, health and advertising settings; establishing rights for women, children and relatives who are victims; and safeguarding employment rights for affected workers and public employees. It proposes a coordinated system in which the Ministry of Social Development (Ministerio de Desarrollo Social), the Ministry of Women (Ministerio de la Mujer) and related institutions work with the Public Prosecutor’s Office (Ministerio Público) on support policies. It also calls for stronger criminal, procedural and judicial protection, coordination of public resources for prevention and punishment, participation by civil society organizations, and training for professionals involved in informing, assisting and protecting victims.
The bill would add Article 132-C to the Criminal Code (Código Penal). It would impose imprisonment of twenty-five to thirty years on a person who causes the death of children from an intimate or romantic relationship, or of relatives within the fourth degree of consanguinity or second degree of affinity, in order to harm another person. It covers relationships with or without cohabitation, regardless of whether the persons are or were spouses. The proposed Article 138-B would impose imprisonment of six to ten years for physical, psychological, sexual or economic violence, harassment, or cruel punishment or punishment of any kind against those children or relatives, when committed to cause harm through them. If the conduct causes psychological harm or permanent physical injury, the sentence would increase by one-third to one-half.
The Public Prosecutor’s Office would adopt protective measures under Article 332 of the Criminal Procedure Code (Código Procesal Penal), the Belém do Pará Convention (Convención Belén Do Pará) and the 100 Brasilia Rules on the Protection of Victims in Vulnerable Conditions. Administrative, educational and health authorities would provide immediate protection upon learning of a case and report it to the Public Prosecutor’s Office. Through the Ministry of Social Development, the Ministry of Education (Ministerio de Educación), the Ministry of Women, the Ministry of Health (Ministerio de salud), the Ministry of Economy and Finance (Ministerio de Economía y Finanzas), and related institutions, the State would allocate budgets for educational, social, health and care infrastructure programs, as well as psychological therapy for victims and perpetrators. The bill reiterates both additions to Panama’s Criminal Code and provides for commencement on the day after promulgation. Its provisions concern those public bodies and the education, health, employment and social care sectors.
What it proposes.
- Prevention, protection and assistance concerning vicarious violence.
- Offenses against life and personal integrity committed to cause harm through children or relatives.
- Institutional coordination, reporting and care for victims.
Who it would affect.
- Women affected by vicarious violence, their minor children and minors under their guardianship or custody.
- Children and relatives subjected to the specified conduct.
- Persons who commit the proposed offenses.
- Public authorities responsible for protection, reporting and care.
Key points.
- Defines vicarious violence in unequal power relations between men and women and in current or former marital or comparable intimate relationships, even without cohabitation.Art. 1
- Provides comprehensive protection and assistance for women, their minor children and minors under their guardianship or custody.Arts. 2-3
- Calls for awareness measures, employment rights, support policies, public coordination, civil society participation and professional training.Art. 4
- Adds Article 132-C to the Criminal Code, imposing imprisonment of twenty-five to thirty years for causing the death of children or relatives to harm another person.Art. 5
- Adds Article 138-B to the Criminal Code to punish violence against children or relatives for that purpose, with a higher sentence where psychological harm or permanent physical injury results.Art. 6
- Assigns protective measures to the Public Prosecutor’s Office and requires administrative, educational and health authorities to provide immediate protection and report cases.Art. 7
- Provides resources for care programs and psychological therapy for victims and perpetrators, reiterates the Criminal Code additions and sets commencement for the day after promulgation.Arts. 8-10