Draft bill 37.

Summary.

The draft bill recognizes vicarious violence as a form of gender based violence against women and proposes measures to prevent, detect, address, and eradicate it in the Republic of Panama. It calls for interpretation in accordance with the Political Constitution, the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination against Women, the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women, and Law 82 of 2013. It defines vicarious violence as using threats or harm against children, relatives, dependents, companion animals, emotionally significant property, or other meaningful ties to hurt or control a woman. Possible forms include removing or hiding children, manipulating them, obstructing their care, and abusing legal or administrative proceedings. Both the woman and those directly subjected to these acts would be recognized as victims, with heightened protection for children and adolescents. The bill covers acts occurring in national territory or affecting people protected by Panamanian authorities. It does not propose changing offenses or penalties under the Criminal Code; competent authorities would apply the relevant rules when the acts constitute crimes, violations, or administrative offenses.

Implementation would follow principles including a gender perspective, the best interests of children, heightened due diligence, prevention of revictimization, confidentiality, accessibility, and due process. The Ministry of Women (Ministerio de la Mujer) would serve as the Lead and Coordinating Entity (Entidad Rectora y Coordinadora). If it legally ceased to exercise that role, the Ministry of Social Development (Ministerio de Desarrollo Social) would assume its functions. The bill creates the Interinstitutional Technical Roundtable on Vicarious Violence (Mesa Técnica Interinstitucional sobre Violencia Vicaria), linked to the National Committee against Violence against Women (Comité Nacional contra la Violencia en la Mujer), to coordinate, advise on, and evaluate measures. After consulting the roundtable, the lead entity would approve a National Plan for the Prevention and Response to Vicarious Violence within no more than six months of the law taking effect.

Institutions would add indicators of vicarious violence to complaints, interviews, assessments, and records, and immediately activate protection procedures when risks appear. Competent authorities would adopt or request urgent measures. Depending on the case and applicable law, these could include limits on contact, supervised visits, psychological care, and safeguards concerning documents or travel. Victims would have access to comprehensive, free, confidential assistance through coordinated service pathways. The National Secretariat for Children, Adolescents and Families (Secretaría Nacional de Niñez, Adolescencia y Familia) would activate specific protection for children and adolescents, including specialist interviews, continued education, health care, and monitoring while the risk persists.

The lead entity and the National Institute of Statistics and Census (Instituto Nacional de Estadística y Censo) would develop a unified case register with disaggregated data and anonymized public statistics. The Ministry of Social Development, the University of Panama (Universidad de Panamá), and other institutions would promote research. The bill also provides for continuing public campaigns and mandatory training for public servants, coordinated in part by the Higher Institute of the Judiciary (Instituto Superior de la Judicatura), the Public Prosecutor's Office (Ministerio Público), the National Police (Policía Nacional), the Ministry of Education (Ministerio de Educación), and the Ministry of Health (Ministerio de Salud). The lead entity would approve response protocols, and responsible institutions would allocate budget funds subject to availability. Services and responsibilities would continue through institutional reorganization. The Executive Branch (Órgano Ejecutivo) would issue regulations within no more than three months of promulgation, when the proposed law would take effect. Its provisions also concern the Judiciary (Órgano Judicial), the Social Security Fund (Caja de Seguro Social), the Ombudsman's Office (Defensoría del Pueblo), the Ministry of Public Security (Ministerio de Seguridad Pública), the Ministry of Government (Ministerio de Gobierno), and local and comarca authorities; they could affect women's and children's organizations, research centers, media, and health, education, and social assistance providers.