6. Special issues | Bolivia | Fighting Domestic Violence

6.1 Battered woman syndrome

6.1.1 Can lawyers present evidence of battered woman syndrome or other domestic abuse as an affirmative defense to crimes that the battered woman has committed? (Note: Battered Woman Syndrome is accepted by courts in certain jurisdictions to show that battered women can use force to defend themselves and sometimes kill their abusers due to abusive and life-threatening situations.)

Yes, they can present full evidence in any matter in order to support the case. There are cases in Bolivian jurisprudence in which battered women who have murdered their husbands had their sentences reduced considering that they have suffered previous mistreatment and abuses.^[15]

6.2 Domestic violence in the workplace

6.2.1 Can courts issue orders to protect employees suffering from domestic violence?

Yes, the judge or prosecutor may agree to keep or reduce the working hours of the woman who is in a situation of violence, without affecting her labor and salary rights, and order the removal of the aggressor of sexual harassment from the workplace.

Notably, Law 348 includes workplace violence as a form of violence against women, defined as any action that occurs in any work environment by any person who discriminates, humiliates, threatens or intimidates women, who hinders or subordinates their access to employment, permanence or promotion, and who violates the exercise of their rights.

Article 21 of Law 348 includes the main measures to be implemented by the Ministry of Labor in relation to violence against women, highlighting its duty to protect them against all forms of sexual harassment or harassment in the workplace, and the adoption of internal and administrative procedures for reporting, investigating, service notice, prosecuting and punishing. Furthermore, a system of flexibility and tolerance needs to be adopted in the workplace for women in situations of violence, guaranteeing their labor rights.

On the other hand, in compliance with Supreme Decree No. 23425, of 15 March 1993, and Article 31 of Law 263, in coordination with the IOM, “Solidarity Scholarships” have been granted to victims of trafficking and smuggling for their educational and labor reintegration.^[16]

6.2.2 Can departure be deemed "for good cause" if related to domestic violence?

As previously stated, the Ministry of Labor is responsible for issuing specific measures to ensure that no worker is dismissed for reasons related to acts of violence regulated by law; therefore, sanctioning the unjustified dismissal of women because of their marital status, pregnancy, violence situation, age, physical condition, number of children or any other form of labor discrimination.

6.2.3 Can family members of domestic violence victims take reasonable leave to help the victim seek treatment or obtain help and services?

Bolivian law does not include the option for family members of domestic violence victims to take reasonable leave to help victims seek treatment. However, the law states that the government supports the victims with special centers and adequate shelters for women.

6.3 Immigration

6.3.1 Does the law include provisions that are intended to prevent abusers who are citizens or permanent residents from using immigration laws to perpetrate domestic violence against their spouse?

No, the law does not include any specific provisions on this matter.

6.3.2 If battered immigrants cooperate with law enforcement in domestic violence, can they obtain immigration remedies?

No, the law does not include any specific provisions on this matter.

6.3.3 Does domestic violence law discuss asylum accessibility?

No, the law does not include any specific provisions on this matter.

The only references to issues related to gender discrimination are those contained in Law 370, the Migration Law, which specifically mentions the rights and obligations of migrant women. Among the principles that should govern migration policy are the principles of nondiscrimination and gender equity. However, no special protection or asylum is regulated in matters of migration due to domestic violence.

6.4 Armed forces

6.4.1 Can a victim seek a military protective order if the abuser is in active military?

Article 81 of Law 348 includes the possibility of imposing a disqualification sanction when the person punished for crimes of violence against women exercises a profession or occupation related, among others, to a military position. It has a time limit of 12 years, and restrictions on these rights cannot be imposed in a single sentence. Once half of the imposed term has elapsed, or a minimum of five years, rehabilitation may occur.

6.5 Child custody and child/spousal support

6.5.1 Do judges follow special rules to determine custody or visitation of children in domestic violence cases?

The law sets certain preventive and security measures to protect the women that have been victims of domestic violence. The judge or prosecutor hearing a complaint of violence against a woman has the obligation to issue protective measures in her favor in order to interrupt the situation of violence or to prevent new aggressions. The woman is entitled to ask, among others, to temporarily suspend the aggressor from visiting and cohabiting with his children (Article 35 of Law 348). Moreover, the woman may ask to prohibit the aggressor from communicating with, intimidating or bothering by any means or through third parties, the woman who is in a situation of violence, as well as any member of her family.

6.5.2 Can the judge consider the testimonies of the other spouse and the children when determining custody?

Yes, the judge in charge of issuing a ruling must attend the hearing and the incorporation of evidence based on which they will be able to pass their sentence. Consequently, the principle of equality of the parties before the judge implies that the parties to proceedings enjoy the exercise of their rights and procedural guarantees, without discrimination or privilege of one in relation to the other.^[17]

Additionally, the child or adolescent is guaranteed participation in all proceedings in which they is a party and will be heard by the judicial authority, who will always take into account their age and the characteristics of their stage of development as stated in the Child and Adolescent Code, 23 July 2014.^[18]

6.6 Housing rights of domestic violence victims

6.6.1 Does the law include any barriers to prevent landlords from forcing a tenant to move out because they are victims of domestic violence?

The law does not include any barriers to prevent landlords from forcing a tenant to move out. However, regarding protective measures that may be ordered by the competent authority (Article 36 of Law 348), the law allows to remove or restrict the aggressor from the marital home or the home where the woman in a situation of violence lives.

Furthermore, Section 5 of Article 36 allows for the woman to be returned to the home from which she was violently removed, when she so requests, with sufficient guarantees to protect her life and integrity.

6.6.2 Does the law allow a tenant to terminate his/her lease early due to domestic violence?

Under Section 19 of Article 36 (Law 348), the law allows for “any other measure that guarantees the integrity of women in situations of violence.” Accordingly, this law could be used to argue that the tenant’s termination of their lease is required as a measure to protect the victim’s family.

6.6.3 Can an order exclude the abuser from the residence?

Yes. As was previously mentioned, Section 1 of Article 36 of Law 348 includes the possibility to order the aggressor to leave or vacate, or to restrict the aggressor from, the marital home or the home where the woman in a situation of violence lives, regardless of proof of ownership or possession of the property, and order the aggressor to undergo psychological therapy in a rehabilitation service.

6.6.4 Can abusers be forbidden by court orders to alienate or mortgage the property in his/her name if it is the family domicile?

Yes, under Section 2 of Article 36 of Law 348, the law allows to prohibition the aggressor to alienate, mortgage, pledge, dispose or change the title of the ownership of common movable or immovable property.

Fighting Domestic Violence

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