Summary.
The draft bill amends Law 82 of 2013, which addresses the prevention of violence against women and amends the Criminal Code to define femicide as a criminal offense and punish acts of violence against women. Its provisions concern two sections of that law: the responsibilities listed for the National Women’s Institute (Instituto Nacional de la Mujer) in Article 26 and the duties assigned to the Judicial Branch (Órgano Judicial) in Article 33.
Article 1 adds paragraphs 8 and 9 to Article 26. Paragraph 8 assigns the National Women’s Institute the task of conducting multidisciplinary studies to identify systematic patterns of violence against women. The studies would address patriarchal conduct disaggregated by age, a culture of impunity, relationship stereotypes, gender roles, and conduct that perpetuates those patterns. The proposal adds this research function to the responsibilities listed for the Institute in Article 26, alongside those established by the law creating it.
Paragraph 9 provides for coordinated action by the Ministry of Women (Ministerio de la Mujer) and the Ministry of Education (Ministerio de Educación) to develop programs on managing and controlling emotions. Those programs would be mandatory at every level of education throughout the national territory. The provision assigns the coordination role to the two ministries and places the development of the programs within the nationwide education system.
Article 2 replaces paragraph 2 of Article 33 of Law 82 of 2013, which sets out duties of the Judicial Branch. Under the proposed wording, judges must admit amicus curiae from representatives of collective or diffuse interests and from public or private organizations or entities dedicated to protecting women’s rights. The amendment addresses admission of their participation by judges and identifies the categories of representatives and entities covered by the duty.
Article 3 expressly states the proposed amendments: replacement of paragraph 2 of Article 33 and addition of paragraphs 8 and 9 to Article 26 of Law 82 of October 24, 2013. Article 4 provides that the law would take effect on the day following its promulgation.
The provisions concern the National Women’s Institute, the Ministry of Women, the Ministry of Education, and the Judicial Branch. They could also affect or interest the education sector at all levels, public and private organizations working to protect women’s rights, and representatives of collective or diffuse interests participating in judicial proceedings.
What it proposes.
- Studies of patterns of violence against women.
- Education programs on managing and controlling emotions.
- Judicial admission of amicus curiae connected with women’s rights.
Who it would affect.
- National Women’s Institute.
- Ministry of Women and Ministry of Education.
- Judges of the Judicial Branch.
- Representatives of collective or diffuse interests and organizations or entities dedicated to protecting women’s rights.
Key points.
- Adds to Article 26 a responsibility to conduct multidisciplinary studies of systematic patterns of violence against women.Art. 1
- Includes patriarchal conduct disaggregated by age, a culture of impunity, relationship stereotypes, and gender roles among the subjects of those studies.Art. 1
- Directs the Ministry of Women to coordinate with the Ministry of Education to develop mandatory programs on managing and controlling emotions at every level of education throughout the national territory.Art. 1
- Requires judges to admit amicus curiae from representatives of collective or diffuse interests and from public or private organizations or entities dedicated to protecting women’s rights.Art. 2
- Expressly identifies the amendment to paragraph 2 of Article 33 and the addition of paragraphs 8 and 9 to Article 26 of Law 82 of October 24, 2013.Art. 3
- Sets the effective date as the day following promulgation.Art. 4