November 24, 2022, 7:50 AM
November 24, 2022, 7:50 AM
Ana Paola García Villagómez (33) is a lawyer, graduated in Human Rights and studying for a Master’s Degree in Constitutional Law with a Gender Approach; She is the director of the Casa de la Mujer, since May 1, 2020. She is an activist and relentless fighter for the rights of her peers.
Almost 10 years after the promulgation of the law that protects women, has progress been made to end this scourge?
In Bolivia there is a formal advance in the recognition of women’s rights; Today, gender-based violence is recognized as a problem that tends to grow in society: it is a systematic violation of human rights, a social problem, a public health problem, and a barrier to women’s economic development.
The right to live a life free of violence for women has had two legislative generations:
1.- The first: (1995-2009), it focused on a semi-private dimension, intrafamily and domestic violence, it was a minor infraction, where the subject of protection was the family and not the woman. Femicide was not recognized.
2.- The second generation, begins with the Political Constitution of the Plurinational State of Bolivia, and is consolidated on March 9, 2013, with the Comprehensive Law to Guarantee Women a Life Free of Violence, regulations with a comprehensive, multidimensional and multisectoral approach to fight against crimes of gender or crimes of power. It incorporates femicide. The unfortunate thing is that this progress has not been able to become effective in the lives of women, because there are no financial resources for the implementation of the norms, the care routes are tortuous, there is no effective prevention process, nor an exemplary sanction. to the aggressors.
How should we work to reduce abuse?
It is vitally important to work in the field of individual (empowerment of women), community and state prevention. Protection must be guaranteed, as well as timely access to justice for survivors of sexist violence without gender bias.
What is the profile of women victims of domestic violence?
Women who find themselves in a situation of gender violence are afraid to talk about these attacks because in most cases they have naturalized these forms of violence in their home and fear the actions of their aggressor, they feel responsible for the behavior of their abuser due to the constant manipulation to which they are subjected and the multiple psychological attacks they experience; the aggressor seeks to minimize the self-esteem of his victims.
Do you consider that the real challenge for a survivor is the total break with her attacker and the obstacles to justice?
Yes, because when the survivors of sexist violence manage to break the silence and denounce their aggressor in a personal liberation, a fight to regain their freedom and break the traditional roles of submission and obedience; When she goes to court and manages to overcome all judicial obstacles and obtain a favorable response to her rights, it is a gain for the entire group of women, since it sets a precedent for the future.
What steps should a woman who wants to report take?
Women who are in a situation of violence (physical, psychological, sexual, economic, patrimonial, among others) or any person who knows of the fact can file a complaint with the Special Force to Combat Violence (FELCV), or the Public ministry. The victims must be given protection immediately and if they do not have a safe place to take refuge, send the woman and her children to a temporary shelter. In case of emergency or risk, use the free hotlines such as FELCV 800-10-0348, WhatsApp FELCV 72042264 or Radio Patrol 110 to request immediate help.
If medical attention is necessary for the victim, this must be done at the health center in their area, where the medical certificate will be requested and then they will be referred to the Public Ministry. The victim has the right to receive care at the Comprehensive Municipal Services, where they will provide free containment, psychological, legal and social support. An investigation and collection of indications and evidence is opened to begin the criminal process, it must be clarified that the burden of proof rests with the Public Ministry and not the victim. (Indictment and Accusation). Then it is the oral trial and conviction of the aggressor.
What is the biggest legal flaw in terms of gender?
The main shortcoming of the penal system regarding violence is the lack of a gender approach and the application of due diligence standards, the lack of specialization of public servants and the macho culture that is still reflected in the care of victims. .
78 femicides so far this year, is it a slap on the wrist for the authorities or an impulse not to stop denouncing?
Femicide is the violent death of a woman, caused by one or more men in a context of unequal power relations, who exercise rights of possession over the body, freedom (the right to decide on their affectivity, sexuality and spirituality) and victim’s life.
78 femicides mourn the country before an absolute silence of the authorities, there are no public resources for the application of the laws, the macho culture persists, during strikes, blockades, social and political conflicts, it is when violence intensifies the most, Care services are restricted, the FELCV cannot provide immediate assistance to the victims, and the women find themselves in a situation of risk and defenselessness.
Five years ago, the #MeToo movement sparked a global mobilization that expressed the urgent need to prevent and respond to violence against women. Other movements around the world such as #NiUnaMenos, #BalanceTonPorc, #TimesUp among others, also catalyzed the change. In our country, which has felt the most and has representatives?
The campaign for the prevention of sexist violence, which has had the greatest impact from our perspective, is the national movement #NiUnaMenos in Bolivia, a platform that brought together various feminist groups in the country.
The first week of July of this year, the Government promulgated a new law that protects victims of femicide and infanticide. What is this and its scope?
The Law for the Protection of Victims of Femicide, Infanticide, and Rape of Infants, Boys, Girls, and Adolescents is an advance in protection favorable to victims; where penalties are aggravated and public servants who promote impunity for the aggressors are also punished.
How do you assess the struggle carried out by the Casa de la Mujer?
It has had important regulatory advances, but there is still a lack of operationalization of them. The actions that are carried out are inefficient if they are not accompanied by decent resources and budgets, from the central government, from the governorates and from the municipalities that have unfulfilled powers and responsibilities. The Shelters and Comprehensive Legal Services do not have their full staff and are merged with the Ombudsman for Children and Adolescents.
