2. Introduction: framework guiding domestic violence law | Bolivia | Fighting Domestic Violence

2.1 Are there civil and criminal legal remedies for domestic violence victims?

Yes, there are civil and criminal legal remedies for domestic violence. The fundamental pillars of Law No. 348, enacted in Bolivia on 9 March 2013, include the prosecution and criminal punishment of the aggressor, as well as the reparation to victims for the damages suffered.

Events involving violence, by acts or omissions, that have one or more individualized victims can be denounced and sued through different ways, which provide for the possibility of obtaining a sanction against the aggressor and reparation for the victim, including criminal, civil, administrative, constitutional and non-jurisdictional proceedings.

Thus, the legal actions that can be taken according to Law No. 348 are the following:

Type of Event and Complaint Channel

Crimes

There are facts that are offenses that can be can be reported in criminal proceedings, e.g., rape, serious injury, forced abortion, domestic violence, feminicide, etc.

Administrative or disciplinary offenses

There are facts that are misdemeanors that can be reported through administrative channels, e.g., mistreatment, harassment at work, discrimination, etc.

Infringement of fundamental rights

There are facts that imply restrictions to rights and that require constitutional actions if other avenues have been exhausted, e.g., denial of services affecting the right.

2.2 Is domestic violence identified in national law as a human right (noting that at a European level protection from domestic violence has not been explicitly identified as a human right but is indirectly captured by the other provisions)?

Law No. 348 of 2013, to Guarantee Women a Life Free of Violence, makes numerous references to human rights and the protection of women in situations of violence. Despite recognizing that all violence against women constitutes an infringement of their human rights, it doesn’t explicitly identify a life without domestic violence as a human right per se.

2.3 Has your country signed and ratified the Council of Europe's Istanbul Convention (2011) preventing and combating violence against women and domestic violence (CETS No. 210)?

No, Bolivia has neither signed nor ratified the Council of Europe’s Istanbul Convention (2011) preventing and combating violence against women and domestic violence. However, some of the international standards that regulate situations of gender-based violence in Bolivia are: CEDAW, Convention of Belén do Para, the Inter-American Convention on Human Rights (Pact of San José) and the Universal Declaration of Human Rights (UDHR).

2.4 If it has ratified the Istanbul Convention, how has this convention been implemented into national law?

N/A

2.5 If it has not ratified or signed the Istanbul Convention, is it envisaged that your country will do so?

Until now, there are no references or negotiations on the ratification of the aforementioned convention.

2.6 If it has ratified the 1979 Convention, how has the recommendations part of General Comment No. 35 been implemented into national law?

As previously mentioned, the Plurinational State of Bolivia is part of the CEDAW. It signed the convention on 30 May 1980.

In accordance with item 26 (a) of Recommendation 35 “States are required to adopt legislation prohibiting all forms of gender-based violence against women and girls,” a new set of laws has been implemented in Bolivia, being the most relevant legislation at a national level detailed on Section 1 (Legal provisions — What are the relevant statutes and codes?).

The most relevant legislation in this field is Law No. 1674, which establishes the policy against family or domestic violence, incorporating measures for prevention and the immediate protection of the victim.

On 17 December 2013, the Plurinational State of Bolivia issued a report ratifying compliance with the recommendations contained in CEDAW, highlighting the most relevant legislative milestones. The second part of the report deals with compliance with and analysis of the CEDAW articles. In this section, the entire legislative framework and the implementation of public policies in compliance with CEDAW have been developed. The legislative framework and the application of public policies in compliance with the commitment assumed as signatories to CEDAW.

Despite the progress achieved, the country continues working on the issue of gender-based violence, especially with reference to access to justice.

2.7 If the 1979 Convention has not been ratified or signed, is it envisaged that your country will do so?

N/A

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