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WOMEN ' S GENERAL LAW OF ACCESS TO A LIFE FREE OF VIOLENCE
Official Journal of the Federation February 1, 2007
Last reform published DOF 04-06-2015
On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.
FELIPE DE JESUS CALDERÓN HINOJOSA, President of the United Mexican States, to its inhabitants known:
That the Honorable Congress of the Union, has served to address the following
DECREE
"THE GENERAL CONGRESS OF THE MEXICAN UNITED STATES, DECREES:
WOMEN ' S GENERAL LAW OF ACCESS TO A LIFE FREE OF VIOLENCE IS TO BE SET.
Article Unique.- The General Law on the Access of Women to a Free Life of Violence is issued.
WOMEN ' S GENERAL LAW OF ACCESS TO A LIFE FREE OF VIOLENCE.
TITLE FIRST
CHAPTER I
GENERAL PROVISIONS
ARTICLE 1. This law is intended to establish coordination between the Federation, the Federal District, the Federal District and the municipalities. to prevent, punish and eradicate violence against women, as well as the principles and modalities for ensuring their access to a life free of violence which favours their development and welfare in accordance with the principles of equality and non-discrimination; discrimination, as well as to ensure democracy, integral development and It will strengthen the sovereignty and democratic regime established in the Political Constitution of the United Mexican States.
The provisions of this law are of public order, social interest and general observance in the Mexican Republic.
ARTICLE 2. The Federation, federative entities, the Federal District, and the municipalities, within the scope of their respective competencies will issue the legal rules and shall take appropriate budgetary and administrative measures to ensure the right of women to a life free of violence, in accordance with the International Treaties on Human Rights of Women, ratified by the Mexican State.
ARTICLE 3.- All measures that are derived from this law shall ensure the prevention, care, punishment and eradication of all types of violence against women during their life cycle and to promote their integral development and full participation in all spheres of life.
ARTICLE 4.- The guiding principles for the access of all women to a life free of violence that must be observed in the elaboration and execution of federal and local public policies are:
I. Legal equality between women and men;
II. Respect for the human dignity of women;
III. Non-discrimination, and
IV. The freedom of women.
ARTICLE 5.- For the purposes of this law:
I. Law: The General Law on Women's Access to a Life Free of Violence;
II. Program: The Comprehensive Program to Prevent, Care, Punish and Eradicate Violence against Women;
III. System: The National System of Prevention, Care, Healing and Eradication of Violence against Women;
IV. Violence against Women: Any action or omission, based on their gender, that causes them to harm or suffer psychological, physical, patrimonial, economic, sexual or death both in the private and public spheres;
V. Modalities of Violence: The forms, manifestations, or areas of occurrence in which violence against women occurs;
VI. Victim: The woman of any age who is inflicted with any kind of violence;
VII. Aggressor: The person who inflicts any kind of violence against women;
VIII. human Rights of Women: Refer to the rights that are an inalienable, integral and indivisible part of the universal human rights contained in the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the Convention on the Rights of Children, the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (Belém Do Pará) and other international instruments in the field;
IX. Gender Perspective: It is a scientific, analytical and political view on women and men. It is proposed to eliminate the causes of gender oppression such as inequality, injustice and the hierarchy of people based on gender. It promotes gender equality through equity, advancement and the well-being of women; it contributes to building a society where women and men have equal value, equal rights and opportunities to access economic resources and political and social representation in the fields of decision-making;
X. Empowerment of Women: It is a process by which women transition from any situation of oppression, inequality, discrimination, exploitation or exclusion to a stage of consciousness, self-determination and autonomy, which is shows in the exercise of democratic power that it emanates from the full enjoyment of its rights and freedoms, and
XI. Misogyny: They are behaviors of hatred towards women and are manifested in violent and cruel acts against her for the fact that she is a woman.
ARTICLE 6. The types of violence against women are:
I. Psychological violence. It is any act or omission that damages the psychological stability, which may consist of: negligence, abandonment, repeated carelessness, celotipia, insults, humiliations, devaluation, marginalization, indifference, infidelity, destructive comparisons, rejection, restriction on self-determination and threats, which lead the victim to depression, isolation, devaluation of self-esteem and even suicide;
II. Physical violence.-It is any act that inflicts non-accidental damage, using physical force or some type of weapon or object that may or may not cause injury whether internal, external, or both;
III. Patrimonial violence.-It is any act or omission that affects the survival of the victim. It manifests itself in: the transformation, subtraction, destruction, retention or distraction of objects, personal documents, goods and values, property rights or economic resources intended to satisfy their needs and may cover damage to the victim's own or common property;
IV. Economic violence.-It is any action or omission of the Aggressor that affects the economic survival of the victim. It manifests itself through limitations aimed at controlling the income of their economic perceptions, as well as the perception of a lower salary for equal work, within the same labor center;
V. Sexual violence.-It is any act that degrades or damages the body and/or sexuality of the Victim and that therefore attacks her freedom, dignity and physical integrity. It is an expression of abuse of power involving male supremacy over women, by denigrating and conceiving it as an object, and
VI. Any other analogous forms that injure or are liable to harm women's dignity, integrity or freedom.
TITLE II
MODES OF VIOLENCE
CHAPTER I
FAMILY VIOLENCE
ARTICLE 7.- Family violence: It is the abusive act of intentional power or omission, aimed at mastering, subjecting, controlling, or assaulting in a physical, verbal, psychological, patrimonial, economic and sexual to women, inside or outside the family home, whose Aggressor has or has had a relationship of kinship by consanguinity or affinity, of marriage, concubinate or maintain or have maintained a relationship in fact.
ARTICLE 8. The models of care, prevention and punishment established by the Federation, the federal entities, the Federal District and the municipalities are the measures and actions to protect victims of family violence, as part of the State's obligation, to guarantee women their security and the full exercise of their human rights. To do this, they should take into consideration:
I. To provide care, legal advice and psychological treatment that is specialized and free of charge for victims, who favor their empowerment and repair the damage caused by such violence;
II. Provide comprehensive, specialized and free re-education services to the Aggressor to eradicate violent behavior through an education that eliminates stereotypes of male supremacy, and the macho patterns that generated their violence;
III. Avoid that the attention given by the Victim and the Aggressor is provided by the same person and the same place. In no case will they be able to provide care, those people who have been punished for exercising some kind of violence;
IV. Avoid mediation or conciliation procedures, as they are not feasible in a relationship between the Aggressor and the Victim;
V. Favor the separation and removal of the Aggressor with respect to the Victim, and
VI. Favor the installation and maintenance of shelters for victims and their daughters and children; information about their location will be secret and provide specialized and free psychological and legal support. The persons working in the shelters must have the professional cedula corresponding to the specialty in which they develop their work. In no case will they be able to work in the shelters that have been sanctioned for exercising some kind of violence.
ARTICLE 9.- In order to contribute to the eradication of violence against women within the family, the Legislative, Federal and Local Authorities, in the respective scope of their competences, shall consider:
I. To criminalize the crime of family violence, which includes elements of the type contained in the definition provided for in Article 7 of this law;
II. Establish family violence as a cause of divorce, loss of parental authority and restriction of the visitation regime, as well as impediment to the custody and custody of girls and boys;
III. Provide that when the loss of the parental authority is due to family violence and/or non-compliance with maintenance or maintenance obligations, it cannot be recovered, and
IV. Include as part of the sentence, the Aggressor's conviction to participate in comprehensive, specialized and free re-education services.
CHAPTER II
LABOR AND TEACHER VIOLENCE
ARTICLE 10.- Labor and Teaching Violence: It is exercised by persons who have a labor, teaching or analogous relationship with the victim, regardless of the hierarchical relationship, consisting of an act or omission in abuse of power that damages the victim's self-esteem, health, integrity, freedom, and security, and prevents her from developing and attacking equality.
It can consist of a single harmful event or a series of events whose sum produces the damage. It also includes sexual harassment or harassment.
ARTICLE 11. Constitutes labor violence: the illegal refusal to hire the Victim or to respect their permanence or general working conditions; the disqualification of the work done, threats, intimidation, humiliations, exploitation, the impediment to women of carrying out the period of breastfeeding provided for in the law and all forms of discrimination on a gender-based basis.
ARTICLE 12.- Constituency teacher violence: those behaviors that harm the self-esteem of students with acts of discrimination for their sex, age, condition social, academic, limitations and/or physical characteristics, which they inflict on teachers or teachers.
ARTICLE 13.- Sexual harassment is the exercise of power, in a relationship of real subordination of the victim to the aggressor in the fields of work and/or school. It is expressed in verbal, physical or both, related to lasciva connotation sexuality.
Sexual Harassment is a form of violence in which, while there is no subordination, there is an abusive exercise of power that leads to a state of defensiveness and risk to the victim, regardless of whether it is performed in one or more events.
ARTICLE 14. Federative entities and the Federal District, depending on their attributions, shall take into consideration:
I. Establish public policies that guarantee women's right to a life free of violence in their labor and/or teaching relationships;
II. Strengthen the criminal and civil framework to ensure the punishment for those who harass and harass;
III. Promote and disseminate in society that sexual harassment and sexual harassment are crimes, and
IV. Design programs that provide comprehensive reeducational services for victims and aggressors.
ARTICLE 15.- For the purposes of harassment or sexual harassment, all three government orders must:
I. Claim the dignity of women in all walks of life;
II. Establish mechanisms that support their eradication in private or public schools and workplaces through agreements and agreements with school institutions, businesses and unions;
III. Create clear and accurate administrative procedures in schools and labor centers, to punish these illegal and to inhibit their commission.
IV. In no case will the name of the victim be made public to avoid some kind of over-victimization or be bolted or pressured to leave school or work;
V. For the purposes of the above fraction, any previous complaints that are about the same harasser or stalker should be added, publicly keeping the anonymity of the or the complaining;
VI. Provide psychological and legal care, specialized and free to those who are victims of sexual harassment or harassment, and
VII. Implement administrative penalties for the hierarchical superiors of the harasser or stalker when they are omitted to receive and/or give course to a complaint.
CHAPTER III
VIOLENCE IN THE COMMUNITY
ARTICLE 16.- Violence in the Community: These are the individual or collective acts that violate the fundamental rights of women and encourage their denigration, discrimination, marginalisation or exclusion in the public sphere.
ARTICLE 17.- The Mexican State must guarantee women the eradication of violence in the community, through:
I. Reeducation free of stereotypes and alert information about the state of risk women face in an unequal and discriminatory society;
II. The design of a system for monitoring the violent behavior of individuals and society against women, and
III. The establishment of a database on the protection orders and the persons subject to them, in order to carry out the criminal policy actions that correspond to and facilitate the exchange of information between the instances.
CHAPTER IV
INSTITUTIONAL VIOLENCE
ARTICLE 18.- Institutional Violence: These are the acts or omissions of the public servants of any government order that discriminates against or have as an end dilating, hindering or preventing the enjoyment and exercise of women's human rights as well as their access to the enjoyment of public policies aimed at preventing, addressing, investigating, sanctioning and eradicating different types of violence.
ARTICLE 19.- The three orders of government, through which the exercise of public power is manifested, have an obligation to organize the apparatus government in such a way that they are able to ensure, in the exercise of their functions, the right of women to a life free of violence.
ARTICLE 20.- To fulfill its obligation to guarantee the right of women to a life free of violence, the three orders of government must prevent, to attend, investigate, punish and repair the damage inflicted on them.
CHAPTER V
OF FEMICIDE VIOLENCE AND GENDER VIOLENCE ALERT AGAINST WOMEN
ARTICLE 21.- Violence Femicide: It is the extreme form of gender-based violence against women, a product of the violation of their human rights, in the fields public and private, formed by the set of misogynistic behaviors that can lead to social and state impunity and can culminate in homicide and other forms of violent death of women.
In cases of femicide, the penalties provided for in Article 325 of the Federal Criminal Code will apply.
ARTICLE 22.- Gender-based violence alert: It is the set of emergency government actions to confront and eradicate femicide violence in a determined territory, whether exercised by individuals or by the community itself.
ARTICLE 23.- The alert of gender-based violence against women will have the fundamental objective of guaranteeing the security of women, the cessation of violence in their counter and eliminate the inequalities produced by legislation that makes their human rights worse, so it will be:
I. Establish an inter-agency, multi-disciplinary group with a gender perspective that of the respective follow-up;
II. Implement preventive, security and justice actions to address and abate femicide violence;
III. Draw up special reports on the area and the behavior of violence indicators against women;
IV. Allocate the necessary budget resources to address the gender-based violence alert contingency, and
V. Making public awareness the reason for the alert of gender-based violence against women, and the territorial zone that encompasses the measures to be implemented.
ARTICLE 24.- The gender violence alert declaration against women will be issued when:
I. The crimes of the common order against the life, liberty, integrity and security of women, disturb social peace in a given territory and society so claims it;
II. There is a comparative tort that prevents the full exercise of women's human rights, and
III. Human rights organizations at the national level or from the federal entities, civil society organizations and/or international organizations, so request.
ARTICLE 25.- Corresponding to the federal government through the Secretariat of the Government to declare the alert for gender-based violence and to notify the Executive branch of the federal entity concerned.
ARTICLE 26.- In the face of femicide violence, the Mexican State will have to compensate the damage according to the parameters established in the international law of the Human Rights and consider how to repair:
I. The right to prompt, expeditious and impartial justice: Women's rights violations must be investigated and those responsible be punished;
II. Rehabilitation: The provision of specialized and free legal, medical and psychological services for the recovery of direct or indirect victims should be ensured;
III. Satisfaction: They are the measures that seek a repair oriented to the prevention of violations. Among the measures to be adopted are:
a) The State's acceptance of its responsibility for the damage caused and its commitment to repair it;
b) The investigation and punishment of the acts of the authorities who are either negligent or negligent that led to the violation of the human rights of the victims of impunity;
c) The design and implementation of public policies that prevent the commission of crimes against women, and
d) Verification of facts and truth advertising.
CHAPTER VI
OF PROTECTION ORDERS
ARTICLE 27.- The protection orders: They are acts of protection and urgent application according to the superior interest of the Victim and are fundamentally precautionary and precautionary. They shall be granted by the competent authority immediately aware of facts likely to constitute offences or offences involving violence against women.
ARTICLE 28.- The protection orders that this law enshrines are highly personal and non-transferable and may be:
I. Emergency;
II. Preventive, and
III. Of A Civil Nature.
Emergency and preventive protection orders will have a temporality of no more than 72 hours and must be issued within 8 hours of the knowledge of the facts that generate them.
ARTICLE 29.- The following are emergency protection orders:
I. Immediate disoccupation by the aggressor of the spousal domicile or where the victim has lived, regardless of the accreditation of ownership or possession of the property, even in the case of lease of the same;
II. Immediate prohibition of the likely person responsible for approaching the home, place of work, studies, the address of the ancestors and descendants or any other frequent victim;
III. Reentry of the victim to the home, once security is safeguarded, and
IV. Prohibition of intimidating or disturbing the victim in his or her social environment, as well as any member of his family.
ARTICLE 30.- The following are preventive protection orders:
I. Retention and keeping of firearms owned by the Aggressor or any private security institution, regardless of whether they are registered in accordance with the law of the matter.
The above is applicable to sharps and sharps that, regardless of their use, have been used to threaten or injure the victim;
II. Inventory of the movable and immovable property of common property, including the work implements of the victim;
III. The use and enjoyment of movable property located in the building that serves as the home of the victim;
IV. Access to the common address, law enforcement authorities or persons assisting the Victim to take their personal belongings and those of their daughters and children;
V. Immediate delivery of objects of personal use and identity documents of the victim and their daughters and children;
VI. Immediate reaction police assistance in favor of the victim, with express authorization of entry to the address where the victim is located or found at the time of requesting the aid, and
VII. Provide comprehensive and free comprehensive reeducational services with a gender perspective for the aggressor in duly accredited public institutions.
ARTICLE 31.- Corresponding to Federal, State, and Federal District authorities, in the field of their competencies, to grant the preventive of this law, who shall take into consideration:
I. The existing risk or danger;
II. The security of the victim, and
III. The items with which it is counted.
ARTICLE 32.- The following are civil protection orders:
I. Temporary suspension of the aggressor from the regime of visits and co-existence with their descendants;
II. Prohibition of the aggressor to dispose or mortgage property of his property in the case of the marital domicile; and in any case in the case of the property of the conjugal society;
III. The sole possession of the victim on the premises which served as the domicile;
IV. The preventive seizure of the property of the aggressor, which must be entered on a temporary basis in the Public Registry of the Property, in order to guarantee the maintenance obligations, and
V. Interim and immediate food obligation.
They will be dealt with before the courts of the family, or in the absence of the courts in the civil courts that correspond.
ARTICLE 33.- It is for the competent jurisdictional authorities to assess the orders and the determination of similar measures in their decisions or judgments. This is the case for trials or prosecutions in civil, family or criminal matters that are being aired in the competent courts.
ARTICLE 34.- Persons over 12 years of age may request the competent authorities to represent them in their applications and actions, for the purposes of that the authorities concerned may be in an official position to grant the orders; those who are under the age of 12 may only request the orders through their legal representatives.
TITLE III
CHAPTER I
OF THE NATIONAL SYSTEM TO PREVENT, ADDRESS, PUNISH AND ERADICATE VIOLENCE AGAINST WOMEN
ARTICLE 35. The Federation, the federal entities, the District and the municipalities, will coordinate for the integration and operation of the System, which aims at the conjunction of inter-institutional efforts, instruments, policies, services and actions for the prevention, care, punishment and eradication of violence against women.
All measures carried out by the State must be carried out without any discrimination. Therefore, you will consider language, age, social status, sexual preference, or any other condition, so that you can access public policies in the field.
ARTICLE 36.- The System will conform to the and the headlines of:
I. The Secretariat of the Interior, who will preside over it;
II. The Secretariat for Social Development;
III. The Secretariat of Public Security;
IV. The Attorney General's Office;
V. The Secretariat of Public Education;
VI. The Health Secretariat;
VII. The Secretary of Labor and Social Security;
VIII. Secretariat for Agrarian, Territorial and Urban Development;
IX. The National Institute of Women, who will occupy the Executive Secretariat of the System;
X. The National Council to Prevent Discrimination;
XI. The National System for Integral Family Development, and
XII. The mechanisms for the advancement of women in federal entities.
ARTICLE 37.- The Executive Secretariat of the System will prepare the draft regulation for the operation of the system and present it to its members for its consideration and approval in your case.
CHAPTER II
OF THE COMPREHENSIVE PROGRAM TO PREVENT, ADDRESS, PUNISH AND ERADICATE VIOLENCE AGAINST WOMEN
ARTICLE 38.- The Program will contain gender-perspective actions for:
I. Promote and foster knowledge and respect for women's human rights;
II. Transform the sociocultural models of behavior of women and men, including the formulation of formal and non-formal education programs and actions, at all educational and educational levels, in order to prevent, attend and eradicate stereotypical behaviors that allow, encourage and tolerate violence against women;
III. Educate and train human rights personnel in charge of the prosecution of justice, police and other officials responsible for the policies of prevention, attention, punishment and elimination of violence against women;
IV. Educate and train women's human rights to the staff in charge of the delivery of justice, in order to equip them with instruments that allow them to judge with a gender perspective;
V. Provide the specialized and free services for the care and protection of victims, through the authorities and public or private institutions;
VI. Encourage and support public and private education programs aimed at raising awareness of the causes and consequences of violence against women;
VII. Designing victim training and care programs that enable them to participate fully in all walks of life;
VIII. Monitor that the media does not encourage violence against women and that they favor the eradication of all types of violence, to strengthen respect for human rights and the dignity of women;
IX. Ensure research and development of statistical diagnoses on the causes, frequency and consequences of violence against women, in order to assess the effectiveness of measures developed to prevent, attend, sanction and eradicate all types of violence;
X. Publish semi-weekly general and statistical information on cases of violence against women to integrate the National Data and Information Bank on Violence against Women;
XI. Promote priority inclusion in the National Plan for the Development of Government Measures and Policies to Eradicate Violence Against Women;
XII. Promote the culture of reporting violence against women in the framework of the effectiveness of institutions to ensure their security and integrity, and
XIII. Designing a comprehensive model of human rights and citizenship for women who will be required to implement institutions, care centers and shelters that care for victims.
ARTICLE 39.- The Federal Executive will propose in the Federation's Budget Project to allocate a budget item to guarantee the compliance with the objectives of the System and the Programme provided for in this Law.
CHAPTER III
OF THE DISTRIBUTION OF POWERS IN THE FIELD OF PREVENTION, ATTENTION, PUNISHMENT AND ERADICATION OF VIOLENCE AGAINST WOMEN WOMEN
ARTICLE 40. The Federation, federal entities, the Federal District and the municipalities will contribute to the fulfillment of the objectives of this law. compliance with the powers provided for in this Regulation and other applicable legal instruments.
Section First. From the Federation
ARTICLE 41. The Federation's powers and obligations are:
I. Ensuring the full exercise of women's right to a life free of violence;
II. Formulate and conduct comprehensive national policy from a gender perspective to prevent, address, sanction and eradicate violence against women;
III. Monitor compliance with this law and applicable international instruments;
IV. Develop, coordinate and implement the Program referred to in the law, assisting with the other authorities responsible for implementing this legal order;
V. Educate women in their mother tongue on human rights;
VI. Ensure the dissemination and promotion of the rights of indigenous women based on the recognition of the nation's multicultural composition;
VII. Monitor that the uses and customs of the whole society do not undermine the human rights of women;
VIII. Coordinate the creation of Reeducation and Social Reinsertion Programs with a gender perspective for women's aggressors;
IX. Ensure proper coordination between the Federation, the federal entities, the Federal District and the municipalities, in order to eradicate the violence against women;
X. To carry out through the National Institute of Women and with the support of local authorities, information campaigns, with an emphasis on the doctrine of the integral protection of women's human rights, in the knowledge of laws and the measures and programmes that protect them, as well as the legal resources that assist them;
XI. To promote the formation and updating of inter-institutional coordination agreements between the different government agencies, so that they can serve as a means of achieving the victims ' comprehensive care;
XII. To conclude agreements on cooperation, coordination and consultation in the field;
XIII. To assist with public or private institutions dedicated to the care of victims;
XIV. To implement specific measures, which serve as tools of action for the prevention, attention and eradication of violence against women in all areas, in a framework of integrality and promotion of human rights;
XV. Promote and conduct gender-based research on the causes and consequences of violence against women;
XVI. Evaluate and consider the effectiveness of the actions of the Program, based on the results of the research planned in the previous fraction;
XVII. To submit an annual report on the progress of the Program, to the H. Congress of the Union;
XVIII. Monitor that the media does not promote stereotypical images of women and men, and eliminate patterns of behavior that generate violence;
XIX. Develop all necessary mechanisms for compliance with this law, and
XX. The others who trust this law or other applicable ordinances.
Section Second. From the Secretariat of Government
ARTICLE 42. Corresponds to the Secretariat of Government:
I. Chair the System and declare gender-based violence alert against women;
II. Designing gender-based comprehensive policy to promote the culture of respect for women's human rights;
III. Develop the Program in coordination with the other authorities in the System;
IV. Formulate the basis for coordination between federal, local, Federal District and municipal authorities for prevention, care, punishment and the eradication of violence against women;
V. Coordinate and follow up the actions of the three government orders on protection, care, punishment and eradication of violence against women;
VI. Coordinate and follow up the work of promoting and defending women's human rights, which will be carried out by the agencies and entities of the Federal Public Administration;
VII. Establish, use, monitor and maintain all instruments and actions aimed at improving the System and the Program;
VIII. Run and follow up the actions of the Program, in order to evaluate their effectiveness and redesign actions and measures to advance the elimination of violence against women;
IX. Designing, with a transversal vision, the comprehensive policy aimed at preventing, caring, punishing and eradicating violent crimes against women;
X. To monitor and promote guidelines for the media to encourage the eradication of all types of violence and to strengthen dignity and respect for women;
XI. Sanction under the law to the media that they do not comply with the provisions of the previous fraction;
XII. Make a National Diagnosis and other complementary studies on a gender-based basis on all forms of violence against women and girls, in all areas, providing objective information for the Development of government policies on prevention, care, punishment and eradication of violence against women.
XIII. To disseminate through various means, the results of the System and the Program to which this law refers;
XIV. To conclude agreements on cooperation, coordination and consultation in the field, and
XV. Other plans for compliance with this law.
Section Third. From the Secretariat for Social Development
ARTICLE 43.- Corresponds to the Social Development Secretariat:
I. To foster social development from the vision of comprehensive protection of women's human rights with a gender perspective, to guarantee them a life free of violence;
II. To assist in the promotion of the Human Rights of Women;
III. Formulate the state's social development policy considering the advancement of women and their full participation in all walks of life;
IV. Take actions to improve the conditions of women and their families who are in a situation of exclusion and poverty;
V. Promote policies of equal conditions and opportunities between women and men, to achieve the advancement of women for their empowerment and the elimination of gender gaps and disadvantages;
VI. Promote policies for the prevention and care of violence against women;
VII. Establish, use, monitor and maintain all instruments and actions aimed at improving the System and the Program;
VIII. To conclude agreements on cooperation, coordination and consultation in the field, and
IX. Other plans for compliance with this law.
Section Fourth. From the Secretariat of Public Security
ARTICLE 44.- Corresponds to the Public Security Secretariat:
I. Train the staff of different police agencies to deal with cases of violence against women;
II. Take action and take the necessary actions, in coordination with the other authorities, to achieve the objectives set out in this law;
III. Integrate the National Data and Information Bank on Cases of Violence against Women;
IV. Designing the comprehensive policy for the prevention of violent crime against women, in the public and private spheres;
V. Establish actions and measures to be taken for the re-education and social reintegration of the aggressor;
VI. Run and track the actions of the Program that correspond to you;
VII. Formulate actions and programs aimed at promoting the culture of respect for women's human rights;
VIII. Designing, with a cross-cutting vision, the comprehensive gender-perspective policy geared towards the prevention, care, sanction and eradication of violent crime against women;
IX. Establish, use, monitor and maintain all instruments and actions aimed at improving the System and the Program;
X. Celebrate cooperation, coordination, and concertation agreements in the field;
XI. Perform a specific Internet page in which the general data of women and girls are reported as missing. The information must be public and allow the general population to provide information on the whereabouts of missing women and girls. This page must be updated permanently, and
XII. The others intended for compliance with this law.
Section Fifth. From the Secretariat of Public Education
ARTICLE 45.- Corresponds to the Secretariat of Public Education:
I. Define in educational policies the principles of equality, equity and non-discrimination between women and men and full respect for human rights;
II. Develop educational programs, at all levels of education, that foster the culture of a life free of violence against women and respect for their dignity; as well as the proper understanding of the exercise of the right to free, responsible and informed paternity and maternity, as a social function and the recognition of the shared responsibility of men and women as regards education and development of your children;
III. Ensuring actions and mechanisms that favor the advancement of women at all stages of the educational process;
IV. To guarantee the right of girls and women to education: to literacy and access, permanence and completion of studies at all levels. Through obtaining scholarships and other grants;
V. Develop multidisciplinary research aimed at creating models for the detection of violence against women in schools;
VI. Train the human rights teaching staff of women and girls;
VII. Incorporate in educational programs, at all levels of education, respect for the human rights of women, as well as educational content aimed at modifying the models of social and cultural behavior that involve prejudice and which are based on the idea of the inferiority or superiority of one of the sexes and in stereotypical functions assigned to women and men;
VIII. Formulate and implement programs that allow early detection of problems of violence against women in educational centers, so that an urgent first response is given to female students suffering from some form of violence;
IX. Set as a hiring requirement for all staff not to have any antecedents of violence against women;
X. Design and disseminate educational materials that promote the prevention and attention of violence against women;
XI. Provide training actions to all staff in educational institutions, in the field of human rights for girls and women and policies for prevention, care, punishment and eradication of violence against women;
XII. Remove from educational programs materials that apologize for violence against women or contribute to the promotion of stereotypes that discriminate against and encourage inequality between women and men;
XIII. Establish, use, monitor and maintain all instruments and actions aimed at improving the System and the Program;
XIV. Designing, with a cross-cutting vision, the comprehensive gender-perspective policy geared towards the prevention, care, sanction and eradication of violent crime against women;
XV. To conclude agreements on cooperation, coordination and consultation in the field, and
XVI. Other plans for compliance with this law.
Section Sixth. From the Health Secretariat
ARTICLE 46.- Corresponds to the Health Secretariat:
I. In the framework of the women's comprehensive health policy, design with a gender perspective, the policy of prevention, attention and eradication of violence against them;
II. Provide health care institutions with comprehensive and interdisciplinary health care with a gender perspective for victims;
III. Create training programs for health sector personnel, violence against women, and care for victims and women. application of the Mexican official rules in force in this field;
IV. Establish professional and effective programs and services, with twenty-four-hour hours in public dependencies related to violence against women;
V. Provide comprehensive reeducational services to victims and aggressors, so that they can be able to participate fully in public, social and private life;
VI. To disseminate in the institutions of the health sector, material concerning the prevention and attention of violence against women;
VII. To channel victims to the institutions that provide care and protection to women;
VIII. Improve the quality of care, which is provided to women victims;
IX. Participate actively, in the implementation of the Programme, in the design of new models of prevention, care and eradication of violence against women, in collaboration with the other authorities responsible for the implementation of the present law;
X. Ensure that the human rights of women are respected in the provision of health services;
XI. Train health personnel to detect violence against women;
XII. Support the authorities responsible for conducting investigations in the field of violence against women by providing the following information:
a) Relative to the number of casualties that are addressed in hospital centers and services;
b) The reference to situations of violence suffered by women;
c) The type of violence by which the victim was treated;
d) The effects caused by violence on women, and
e) Resources erogated in victim care.
XIII. Celebrate cooperation, coordination, and concertation agreements in the field, and
XIV. Other plans for compliance with this law.
Section Seventh. From the Ministry of Labour and Social Welfare
ARTICLE 46 Bis. Corresponds to the Secretariat of Labor and Social Welfare:
I. Promote actions that encourage equal opportunities and non-discrimination of women and men in the field of work and social foresight;
II. Design, with a transversal vision, the comprehensive policy with a gender perspective oriented to the prevention, attention, sanction and eradication of violence work against women;
III. Promote the culture of respect for women's human rights in the workplace;
IV. Design and disseminate materials that promote the prevention, attention and eradication of violence against women in the workplace;
V. Orienting victims of labor violence on institutions that pay attention and protection to women;
VI. Take action and take the necessary actions, in coordination with the other authorities, to achieve the objectives set out in this law;
VII. Celebrate cooperation, coordination, and concertation agreements in the field;
VIII. Establish, use, monitor, and maintain all instruments and actions aimed at improving the System and the Program, and
IX. The others intended for compliance with this law.
Section Eighth. From the Ministry of Agrarian, Territorial and Urban Development
ARTICLE 46 Ter. Corresponds to the Secretariat of Agrarian, Territorial and Urban Development:
I. Coordinate actions that encourage equal opportunities and non-discrimination of women and men in agricultural matters;
II. Delineating, with a transversal vision, the comprehensive gender-perspective policy aimed at prevention, attention, punishment and eradication of violence against women in the farming and ejido communities, including those of ethnic origin;
III. To foster a culture of respect for the human rights of women living in rural areas, including those of ethnic origin;
IV. Design and disseminate materials that promote the prevention, attention and eradication of violence against women in the ejidos and agrarian communities;
V. Take action and take the necessary actions, in coordination with the other authorities, to achieve the objectives set out in this law;
VI. Constituting a register on the units intended for women referred to in Articles 63 and 71 of the Agrarian Law, based on information contained in the National Agrarian Register;
VII. Establish, use, monitor, and maintain all instruments and actions aimed at improving the System and the Program, and
VIII. The others intended for compliance with this law.
Ninth Section. From the Attorney General's Office
ARTICLE 47.- Corresponds to the Attorney General's Office:
I. Specializing to the Public Ministry agents, experts, personnel serving victims through programs and permanent courses at:
a) Human rights and gender;
b) Gender perspective for due diligence in driving previous inquiries and judicial processes related to discrimination, violence and femicide;
c) Incorporation of the gender perspective in the expert services;
d) Removing stereotypes about the social role of women, among others.
II. Provide victims with guidance and counseling for their effective care and protection, in accordance with the Organic Law of the Attorney General's Office. Republic, its Regulation and other applicable laws;
III. Dictate the necessary measures for the Victim to receive emergency medical care;
IV. Provide the required statistics with the necessary references to the number of victims served;
V. Provide victims with comprehensive information about public or private institutions in charge of their care;
VI. Provide victims with objective information that enables them to recognize their situation;
VII. Promote the culture of respect for women's human rights and ensure the safety of those who report;
VIII. Celebrate cooperation, coordination, and concertation agreements in the field;
IX. Create a systematic public record of crimes committed against women, including the classification of the facts of which you are aware, place of occurrence and place of finding of the bodies, socio-demographic characteristics of the victims and the active subject, specifying their typology, relationship between the active and passive subject, mobile, basic diligence to be carried out, as well as the difficulties in the practice of measures and determinations; incidence and recidivism, consignation, sanction and repair of damage. This registry will be integrated into crime and victimization statistics to define policies for the prevention of crime, prosecution and administration of justice;
X. Develop and apply specialized gender-perspective protocols in the immediate search for missing women and girls, for research into crimes of discrimination, femicide, human trafficking and against freedom and normal psychosexual development;
XI. Create a national genetic information base containing the available personal information of missing women and girls at the national level; information genetics and cell samples of the relatives of the missing persons who consent to it; genetic information and cell samples from the bodies of any unidentified woman or girl.
The information integrated in this base should be protected and only used for the confrontation of genetic information between unidentified bodies and missing persons, and
XII. The others intended for compliance with this law.
Section Decima. From the National Institute of Women
ARTICLE 48. Corresponds to the National Institute of Women:
I. Fungir as the System's Executive Secretariat, through its holder;
II. Integrating research promoted by the Federal Public Administration's dependencies on the causes, characteristics and consequences of the violence against women, as well as the assessment of prevention, care and eradication measures, and the information derived from each of the institutions responsible for promoting the human rights of women in institutions federative, the Federal District or municipalities. The results of such investigations will be publicly released to take appropriate action towards the eradication of violence;
III. Propose to the authorities responsible for the application of this law, the programs, the measures and the actions that they consider relevant, for the purpose to eradicate violence against women;
IV. Collaborate with System Institutions in the design and evaluation of the victim care model in shelters;
V. Drive the creation of care and protection units to victims of violence provided for in law;
VI. Canalize victims to comprehensive reeducational programs that enable them to actively participate in public, private, and social life;
VII. Promote and monitor that the care offered in the various public or private institutions is provided by specialists in the field, without prejudice no discrimination;
VIII. Spread the culture of respect for the human rights of women and promote that the instances of prosecution guarantee the physical integrity of who report;
IX. Celebrate cooperation, coordination, and concertation agreements in the field, and
X. Other intended for law enforcement.
Section Tenth First. From the Federative Entities
ARTICLE 49. Corresponds to federal entities and the Federal District, in accordance with the provisions of this law and the applicable local ordinances in the matter:
I. Instrumentation and articulating their public policies in accordance with national comprehensive policy from a gender perspective to prevent, attend, punish and eradicate violence against women;
II. Exercise its regulatory powers for the application of this law;
III. Coassist in the adoption and consolidation of the System;
IV. Participate in the elaboration of the Program;
V. Strengthen and drive the creation of public and private institutions that pay attention to victims;
VI. Integrate the State System of Prevention, Eradication and Healing of Violence against Women and incorporate their content into the System;
VII. Promote, in coordination with the Federation, programs and projects of care, education, training, research and culture of human rights women and non-violence, according to the Program;
VIII. Drive local programs for women's advancement and development and improve their quality of life;
IX. Providing budget, human and material resources, in coordination with the authorities that integrate local systems, to state programs and the Program;
X. Drive the creation of shelters for victims according to the system-designed care model;
XI. Promote information programs to the population in the field;
XII. Drive integral reeducational programs of the aggressors;
XIII. Spread by all media the content of this law;
XIV. Pay an annual report on the progress of local programs;
XV. Promote research on the causes and consequences of violence against women;
XVI. Review and evaluate the effectiveness of actions, public policies, state programs, based on the results of the research planned in the Previous fraction;
XVII. To encourage the participation of private organizations dedicated to the promotion and defense of women's human rights, in the execution of State programmes;
XVIII. To receive from private organizations, proposals and recommendations on the prevention, care and punishment of violence against women, improve the mechanisms for its eradication;
XIX. Provide the authorities with the task of performing statistics, the information needed to prepare statistics;
XX. Promote reforms, in the field of their competence, for the fulfillment of the objectives of this law, as well as to establish as aggravating the crimes against life and integrity when they are committed against women, because of their gender status;
XXI. Celebrate cooperation, coordination, and concertation agreements in the field;
XXII. Specializing to the agents of the Public Ministry, experts, personnel serving victims through programs and permanent courses at:
a) Human rights and gender;
b) Gender perspective for due diligence in driving previous inquiries and judicial processes related to discrimination, violence and femicide;
c) Incorporation of the gender perspective in the expert services; elimination of stereotypes about the social role of women, among others.
XXIII. Create a systematic public record of crimes committed against women, including the classification of the facts of which you are aware, place of occurrence and place of finding of the bodies, socio-demographic characteristics of the victims and the active subject, specifying their typology, relationship between the active and passive subject, mobile, the basic diligence to be carried out, as well as the difficulties in the practice of measures and determinations; incidence and recidivism rates, entry, sanction and repair of the damage. This registry will be integrated into crime and victimization statistics to define policies for the prevention of crime, prosecution and administration of justice;
XXIV. To elaborate and apply specialized protocols with a gender perspective in the immediate search for missing women and girls, for the research of crimes of discrimination, femicide, human trafficking and against freedom and normal psychosexual development, and
XXV. Other applicable to the subject matter, which grants them the law or other legal orders.
The federal authorities will make the necessary efforts to encourage local authorities to reform their legislation, to consider as aggravating the crimes against the life and bodily integrity committed against women.
Second Section. Of the Municipalities
ARTICLE 50.- Corresponds to the municipalities, in accordance with this law and the local laws in the field and according to the gender perspective, the following attributions:
I. Instrumentation and articulating, in accordance with national and state policy, municipal policy aimed at eradicating violence against women;
II. Coassist with Federation and Federative Entities, in System Adoption and Consolidation;
III. Promote, in coordination with federal entities, training courses for people who care for victims;
IV. Run the actions required for Program compliance;
V. Support the creation of comprehensive reeducation programs for aggressors;
VI. Promote educational programs on gender equality and equity to eliminate violence against women;
VII. Support the creation of safe havens for victims;
VIII. Participate and contribute in the prevention, care and eradication of violence against women;
IX. Carry out, according to the System, information programs to the population regarding violence against women;
X. Celebrate cooperation, coordination, and concertation agreements on the subject, and
XI. The attention of other issues than violence against women who grant them this law or other legal orders.
CHAPTER IV
ATTENTION TO VICTIMS
ARTICLE 51.- The authorities in the field of their respective competencies should pay attention to the victims, consisting of:
I. Encourage the adoption and implementation of actions and programs, through which protection is provided;
II. To promote the attention to victims by the various institutions of the health sector, as well as care and service, both public and private;
III. Provide victims, medical, psychological and legal care, in a comprehensive, free and expeditious manner;
IV. Provide a safe haven for victims, and
V. Inform the competent authority of the cases of violence occurring in educational institutions.
ARTICLE 52.- Victims of any type of violence will have the following rights:
I. Be treated with respect to their integrity and full exercise of their rights;
II. Count on immediate and effective protection by the authorities;
III. Receive truthful and sufficient information to enable them to decide on care options;
IV. Count on free and expedited legal advice;
V. Receive medical and psychological information;
VI. Have a shelter, as long as you need it;
VII. Be valued and educated free from stereotypes of social and cultural behavior and practices based on concepts of inferiority or subordination;
VIII. In cases of family violence, women who have daughters and/or children will be able to go to shelters with them, and
IX. The victim will not be forced to participate in reconciliation mechanisms with her attacker.
Indigenous women will be assisted free of charge at all times by interpreters and defenders of trade who have knowledge of their language and culture.
ARTICLE 53.- The Aggressor must participate in the comprehensive re-education programs, when determined by a competent authority.
CHAPTER V
OF SHELTERS FOR VICTIMS OF VIOLENCE
ARTICLE 54.- Corresponds to shelters, from a gender perspective:
I. Apply the Program;
II. Ensure the safety of women who are in them;
III. Provide women with the necessary care for their physical and psychological recovery, enabling them to participate fully in public, social and private life;
IV. Give information to victims about the institutions in charge of providing free legal advice;
V. Provide victims with the necessary information to enable them to decide on care options;
VI. Count on appropriately trained and specialized personnel in the field, and
VII. All those inherent in the prevention, protection and care of people who are in them.
ARTICLE 55.- Shelters must be safe places for victims, so they will not be able to provide their location to unauthorized persons to go to them.
ARTICLE 56.- The shelters must provide the victims and, where appropriate, their daughters and children with the following specialized and free services:
I. Hosting;
II. Power;
III. Clothing and footwear;
IV. Medical service;
V. Legal advice;
VI. Psychological support;
VII. Comprehensive reeducational programs to enable them to be able to participate fully in public, social and private life;
VIII. Training, so that they can acquire knowledge for the performance of a work activity, and
IX. Work bag, in order to enable them to have a paid work activity if they so request.
ARTICLE 57.- The permanence of the victims in the shelters may not be longer than three months, unless their physical, psychological or psychological instability persists. risk situation.
ARTICLE 58.- For the purposes of the previous article, the medical, psychological and legal staff of the shelter will assess the condition of the victims.
ARTICLE 59.- In no case can the victims be kept in the shelters against their will.
Title IV
Of Responsibilities and Sanctions
Single Chapter
Of Responsibilities and Sanctions
ARTICLE 60. It will be the cause of administrative responsibility for the failure to comply with this law and will be sanctioned according to the laws in the matter.
TRANSIENT
ARTICLE FIRST.- This Decree shall enter into force on the day following that of its publication in the Official Journal of the Federation.
ARTICLE SECOND.- The Federal Executive shall issue the Regulation of the law within 90 days of the entry into force of this Decree.
ARTICLE THIRD.- The National System referred to in this law shall be integrated within 60 days of the entry into force of this Decree.
ARTICLE FOURTH.- The System Regulation shall be issued within 90 days of the entry into force of this Decree.
ARTICLE QUINTO.- The National Diagnosis referred to in Article 44 (XII) of the Law shall be carried out within 365 days of the System integration.
ARTICLE SIXTH.- The resources to carry out the programs and the implementation of the actions that are derived from this law will be covered by the the budget authorized to the agencies, entities and organs of the Federal Executive, Legislative and Judicial Powers, autonomous bodies, states, and municipalities, for the present fiscal year and the subsequent ones, will not require additional organic structures by virtue of the effects of the same.
ARTICLE SEVENTH.- The National Bank of Data and Information on Cases of Violence against Women referred to in Article 45 (III) be integrated within 365 days after the system is conformed.
ARTICLE EIGHTH.- In a framework of coordination, the Legislatures of the States, will promote the necessary reforms in the Local Legislation, foreseen in the Article 49, fractions II and XX, within a term of 6 months, counted from the entry into force of this Law.
Mexico, D.F., at December 19, 2006.-Dip. Jorge Zermeno Infante, President.-Sen. Manlio Fabio Beltrones Rivera, President.-Dip. Maria Eugenia Jiménez Valenzuela, Secretary.-Sen. Renan Cleominio Zoreda Novelo, Secretary.-Rubicas."
In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I ask for this Decree in the Federal Executive Branch, in Mexico City, Federal District, at the thirty-one day of the month of January of two thousand seven.- Felipe de Jesús Calderón Hinojosa.-Heading.-The Secretary of Governor, Francisco Javier Ramírez Acuna.-Heading.
DECREE adding various provisions to the General Law on Women's Access to a Free Life of Violence.
Published in the Official Journal of the Federation on June 4, 2015
Single Article.- A fraction VIII is added to Article 36, while the rest in its order; the Seventh sections, which includes Article 46 Bis and Eighth, with the understanding of Article 46 Ter, Chapter III of Title III; the current Sections Seventh, Eighth, Ninth and Tenth to be Ninth, Tenth, Tenth First and Tenth Second, of the General Law on Women's Access to a Free Life of Violence, to stay as follows:
.........
Transient
Unique.- This Decree shall enter into force on the day following its publication in the Official Journal of the Federation.
Mexico, D. F., on April 29, 2015.-Sen. Miguel Barbosa Huerta, President.-Dip. Julio Cesar Moreno Rivera, President.-Sen. Lilia Guadalupe Merodio Reza, Secretary.-Dip. Sergio Augusto Chan Lugo, Secretary.-Rubicas."
In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I ask for this Decree in the Federal Executive Branch, in Mexico City, Federal District, at the beginning of June of two thousand fifteen.- Enrique Peña Nieto.-Heading.-The Secretary of the Interior, Miguel Angel Osorio Chong.-Heading.
