3. Similarities and differences in terminology
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3. Similarities and differences in terminology Start Comparison
3.1 Domestic violence

Article 4 of Law 1674:

Family or domestic violence is defined as physical, psychological or sexual aggression committed by: 1- The spouse or cohabitant; 2- Ascendants, descendants, siblings, civil or related relatives in direct and collateral line; 3- The guardians, curators or those in charge of custody.

Article 5 of Law 1674:

Acts of domestic violence are considered to be assaults committed between ex-spouses, ex-cohabitants or persons who have procreated legally recognized or not, even if they have not cohabited.

Article of Law 348 (Familiar Violence):

It is any physical, psychological or sexual aggression committed against a woman by her spouse or ex-spouse, cohabitant or ex-cohabitant, or his or her family, ascendants, descendants, sisters, brothers, civil or related relatives in direct and collateral direct and collateral line, guardians or those entrusted with custody or care.

3.2 Stalking
See harassment.
3.3 Harassment

Article 7 of Law 243 (Political Harassment):

Political harassment is understood to be the act or set of acts of pressure, persecution, harassment or threats, committed by a person or group of people, directly or through third parties, against women candidates, elected, appointed or in the exercise of a political-public function or against their families, with the purpose of shortening, suspending, preventing or restricting the functions inherent to their office, in order to induce or oblige them to carry out, against their will, an action or incur in an omission, in the fulfillment of their functions or in the exercise of their rights.

3.4 Victim

Article 4 of Law 464 (Scope of the definition of victim):

For the purposes of this Law, the term victim shall be understood to mean: (i) The natural person or persons directly offended by the commission of a crime, (ii) The spouse or cohabitant, relatives within the fourth degree of consanguinity or second degree of affinity, daughter or son, adoptive mother or father and heir, in crimes that result in the death of the victim and (iii) Family members or dependents who have an immediate relationship with the victim, for crimes of serious physical or psychological affectation.

Article 76 Bolivian Penal Procedimental Code (Victim):

It is considered a victim: (i) To the persons directly offended by the crime; (ii) The spouse or cohabitant, the relatives within the fourth degree of consanguinity or second degree of consanguinity or second degree of affinity, the child or adoptive parent and the testamentary heir, in crimes whose result is the death of the offended party; (iii) To juridical persons in crimes affecting them; and, (iv) To foundations and legally constituted associations, in those crimes that affect collective or diffuse interests, as long as they affect the collective or diffuse interests, provided that the purpose of the foundation or association is directly linked to these interests.

3.5 Abuser
There is no specific provision under Bolivian legislation that defines an abuser. However, the law provides a definition for a similar term, which is aggressor. According to Article 6 of Law 348, whoever commits an action or omission that implies any form of violence toward a woman or another person is perceived as an aggressor.
3.6 Civil protection order
The purpose of the protection measures is to interrupt and prevent an act of violence against women, or to guarantee, in the event that it has been consummated, that it will be investigated, prosecuted and sanctioned. These measures, according to the law, are of immediate application, imposed by the competent authority to safeguard the life, physical, psychological, sexual integrity, patrimonial, economic and labor rights of women in a situation of violence and those of their dependents.[9]
3.7 Causes of action

A. Law 348 of 2013, to Guarantee Women a Life Free of Violence:

1. Sanctioned forms of violence are:

  1. physical violence
  2. femicidal violence
  3. psychological violence
  4. sexual violence
  5. media violence
  6. violence against reproductive rights
  7. violence against sexual rights and freedom
  8. symbolic and/or covert violence
  9. violence against dignity, honor and name
  10. violence in the health services
  11. economic and patrimonial violence
  12. violence in the workplace
  13. violence in the educational system
  14. political violence
  15. institutional violence
  16. violence in the family

2. Governing body is:

  1. Ministry of Justice

3. Cause of action is:

  1. All acts of violence against women may be reported to:
  1. Bolivian police

4.  Public Prosecutor’s Office:

  1. institutions to issue the complaint:
  1. Municipal integral legal services
  2. Defenders of children and adolescents, when the assaulted person is under 18 years old
  3. SIJPLU
  4. Plurinational Service for the Defense of the Victim
  5. indigenous and aboriginal farming authorities, when applicable

B. Law 1674 against Family or Domestic Violence:

1. Sanctioned forms of violence are:

  1. physical violence
  2. psychological violence
  3. sexual violence
  4. situations in which parents, guardians or custodians endanger the physical or psychological integrity of minor

2. Cause of action is:

a. The complaint may be filed orally or in writing, with or without the assistance of legal counsel, before the competent judge, the Public Prosecutor’s Office or the Bolivian National Police.

3.8 Marital rape
Spousal rape is defined as an act of violation in which the perpetrator is the spouse, cohabitant or with whom the victim maintains or had maintained an analogous relationship of intimacy (Article 310 of Law 348).
3.9 Are there any other important domestic violence terms defined in relevant domestic violence statutes and codes?

Law 348 contains the following definitions:

  • Depatriarchalization: The development of public policies based on a plurinational identity, to create a plurinational identity, to make visible, denounce and eradicate patriarchy, through the transformation of unequal structures, relations, traditions, customs and behaviors of power, domination, exclusion and of power, oppression and exploitation of women by men.
  • Gender equality: To eliminate inequality gaps for the full exercise of women’s and men’s rights and freedoms.