Observatory

Legal framework

Bolivian and international legislation, with the sentences that interpret it.

The national and international legal framework establishes the inescapable duty of the Bolivian State to prevent, punish and eradicate gender-based violence, guaranteeing women a life free of violence and discrimination.

Marco legal nacional e internacional

Leyes y convenios que consagran la protección integral de las mujeres frente a la violencia.

The Constitution

Article 15 (CPE)

Everyone has the right to life and to physical, psychological and sexual integrity. No one shall be tortured or subjected to cruel treatment. The State shall take the measures needed to prevent, eliminate and punish gender-based violence.

National legislation

Comprehensive Law 348

The Comprehensive Law to Guarantee Women a Life Free of Violence (2013). It defines 16 forms of violence, creates the FELCV, and makes the criminal prosecution of femicide a State priority.

Inter-American treaty

Convention of Belém do Pará

The Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (OAS). It recognises women's right to be valued and educated free of stereotyped patterns.

International treaty (UN)

The CEDAW Convention

The Convention on the Elimination of All Forms of Discrimination against Women. It requires States to do away with discriminatory laws, customs and practices in the justice system.

Procedimiento penal

Visual glossary: the judicial hierarchy

To follow the course of a criminal case, these are the three key institutions involved:

Paso 1

1. FELCV

The specialised police unit. It takes urgent reports, assists the victim and carries out arrest warrants.

Paso 2

2. Public Prosecutor

Leads the criminal investigation, orders forensic assessments, requests protective measures and brings charges against the aggressor.

Paso 3

3. The courts

Investigating Courts and Sentencing Courts, which decide on precautionary measures and hand down convictions.

Jurisprudencia constitucional

Key constitutional rulings

Summaries of rulings by the Plurinational Constitutional Court that take gender into account, with a plain-language version:

Sentencia Constitucional Plurinacional 455/2019-S2

Protection for women experiencing violence. It establishes the inescapable duty of prosecutors to adopt protective measures and to seek their immediate confirmation by the court. Its central purpose is to safeguard the life and the physical, psychological and sexual integrity of women and their dependants, along with their property and employment rights.

In plain words: Prosecutors are OBLIGED to give you immediate protection as soon as you report, with no excuses. Their job is to make sure your life, your body and your possessions (and your children's) are safe from the aggressor.

Sentencia Constitucional Plurinacional 353/2018-S2

Evidential weight of the victim's statement. It holds that in cases of sexual and gender-based violence (which usually happen out of sight), the victim's statement is fundamental evidence, essential to establishing probable authorship, and requires prosecutors and judges to apply a strict gender perspective when weighing evidence.

In plain words: Because attacks usually happen with no witnesses, YOUR WORD counts as the main evidence. Judges cannot dismiss your report simply because no one else was watching.

Sentencia Constitucional Plurinacional 064/2018-S2

The duty to administer justice with a gender perspective. It rules that all judges and courts have an inescapable duty to apply a gender perspective in conducting proceedings and in their decisions. It is a key jurisprudential tool for combating discrimination and closing gaps of inequality in the judicial system.

In plain words: Judges are forbidden from using sexist prejudices ("she was asking for it", "why was she dressed like that") when judging. They must understand the imbalance of power at play.

Sentencia Constitucional Plurinacional 130/2018-S2

An intersectional approach and vulnerable groups. It addresses the protection of victims with overlapping vulnerabilities (such as children or older adults). It requires the State to guarantee immediate, timely and specialised protection, obliging the authorities to act with due diligence and give priority to the best interests of those at risk.

In plain words: If the victim is, for example, a girl or an elderly indigenous woman, the State must protect her even faster, because she is at greater disadvantage and risk.

Sentencia Constitucional Plurinacional 017/2019-S2

Due diligence and judicial initiative. It reinforces the ban on rejecting reports of violence on the grounds of the victim's supposed "lack of cooperation". It establishes that the investigation must proceed on the State's own initiative, giving priority to immediate protection and ensuring that the Public Prosecutor takes on the burden of proof in full.

In plain words: The police and prosecutors cannot shelve your case by saying you "didn't bring evidence" or "didn't follow up". They are obliged to investigate on their own.

Sentencia Constitucional Plurinacional 001/2019-S2

Precautionary measures and the gender perspective. It requires the particular vulnerability of girls and adolescent women to be taken into account when assessing procedural risk and requests to end pre-trial detention. It demands rigorous reasoning from judges demonstrating the absence of real danger, going beyond procedural formalities.

In plain words: Before releasing an aggressor while the trial runs its course, the judge has to think seriously about whether the victim is in danger. They cannot release him just to tick a box.

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