The Amendments Process of
the Law on Domestic Violence
in Honduras
Expert Group Meeting on good practices in legislation on violence against
women
United Nations Office at Vienna, Austria
26 to 28 May 2008
Claudia Herrmannsdorfer
Latin American and Caribbean Committee for the Defense of Women’s Rights
(CLADEM)
Origin and Support for Amendments of the Law on
Domestic Violence (LDV)
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The LDV was approved in 1997 as a result of women’s
organizations advocacy. This civil law is sustained on
CEDAW and in the Interamerican Convention to Prevent,
Sanction and Eradicate VAW (Belén do Pará
Convention).
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Since 1998, the Special Inter-institutional Commission
for Monitoring Implementation of the Law against
Domestic Violence was formed to coordinate actions
between state institutions and implement best practices.
Women´s ngos belong to this Commission.
Amendments process…
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Experience on implementation caused the necessity
to work on amendments that included better
mechanisms for the effectiveness of the LDV in its
principal objective: to prevent and protect women
against domestic violence.
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For 2004 the Inter-institutional Commission had an
amendment proposal, deeply discussed and agreed
nationwide with state institutions and women’s
organizations advocates.
Amendments process: support
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At the same time, PAHO (Panamerican Health Organization),
part of the World Health Organization (WHO), was working on a
model for legislation in domestic violence for Latin America and
decided to validate some components of the model in the
amendments process in Honduras.
This model for legislation on domestic violence was a result of
investigations in the countries of the region and different experts
meetings and conclusions.
The Inter-institutional Commission of Honduras included in the
amendments, recommendations of the PAHO model.
Women’s organizations had more arguments to include some
forms of domestic violence that were not well received by state
institutions, for example: restrictions on family planning rights as
part of sexual domestic violence.
The amendments proposal was approved by Congress and is
effective since 2006
Significant amendments approved:
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Protection orders and other measures were
clarified and extended:
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Police, prosecutors and/or judges can issue
protection orders.
Firearms possession permissions can be
withdrawn.
Women have preference rights to stay at home.
Repeated acts of domestic violence should be
indicted as criminal cases.
Significant amendments approved:
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Judges can apply a precautionary embargo to
grant child support.
Major household items are attributed to women.
The time for the different protection mechanisms
was extended to a minimum of two months and a
maximum of six.
In case of patrimonial violence, the offender has
the obligation of full compensation to the survivor,
repair damages and pay bills occasioned to attend
the effects of the domestic violence acts.
Significant amendments approved:
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Better coordination and accountability
mechanisms were established:
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Special judges to follow-up sentences
compliance.
Police, prosecutors and/or judges can follow-up
compliance of protection orders.
Judges have the obligation to investigate causes
of women’s abandonment in the cases they file.
Cases can not be closed without this
investigation.
Significant amendments approved:
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Better and extended definitions of the
different forms of violence:
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Sexual violence included the restriction for
contraception and protection.
Patrimonial violence was added and widely
defined.
Psychological violence was defined incorporating
all the PAHO model legislation recommendations.
Significant amendments approved:
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Involving other sectors of the society and
state institutions:
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Employers (private and public sector) acquire the
obligation to grant permissions to employees that
have to attend some measures imposed by
judges in the implementation of the LDV, like
reeducation sessions for men and self-support
groups for women.
The National Women’s Institute and the
municipalities have the obligation to install
shelters.
Conclusions
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The LDV was amended considering omissions, gaps
and different problems found in the implementation
of the original legislation. It was important to have a
stronger civil law, with a faster and more accessible
procedure.
Coordination between state institutions and
women’s ngos was important in the amendments
process to guarantee improvements in behalf of
women’s human rights.
International interest and support was important to
achieve a better law. The PAHO support allowed the
opportunity to include the lessons learned in other
countries of the region.