Bolivia

Overview of the Law

• Total Articles: 25

• Objective:
  To establish mechanisms for the prevention, response, and punishment of individual or collective acts of harassment and/or political violence against women, in order to guarantee the full exercise of their political rights.

Key Definitions (Article 148)

Protected Persons:

“All women candidates, elected, appointed or exercising public political office.”

Political Violence:

“Actions, behaviors, and/or physical, psychological, or sexual aggression committed by a person or group of people, directly or through third parties, against women candidates, elected officials, or those exercising political or public office, or against their families, to shorten, suspend, impede, or restrict the exercise of their office or to induce or force them to perform, against their will, an action or incur in an omission in the performance of their duties or in the exercise of their rights.”

Political Harassment:

“Any act of pressure, persecution, harassment, or threats committed by a person or group of persons, directly or through third parties, against women candidates, elected officials, or those exercising political or public office, or against their families, with the purpose of curtailing, suspending, impeding, or restricting the functions inherent to their position, in order to induce or force them to perform, against their will, an action or incur in an omission in the performance of their duties or in the exercise of their rights.”

Examples of Political Harassment and Violence (Article 8)

Acts include, but are not limited to:

• Imposing gender stereotypes in activities outside of work functions

• Assigning responsibilities that limit political-public function

• Providing false or imprecise information to hinder political-public function

• Preventing attendance in decision-making sessions

• Preventing reinstatement after justified leave

• Restricting speech or political rights

• Restricting use of constitutional/legal rights (especially in Indigenous, Peasant, and Afro-Bolivian communities)

• Imposing sanctions that restrict political rights

• Illegal salary deductions or withholding

• Discrimination based on pregnancy, childbirth, or postpartum status

• Disclosing private information to undermine dignity or force resignation

• Disseminating false information to discredit or induce resignation

• Pressuring or coercing resignation

• Forcing women to sign or endorse decisions against their will or the public interest

Three Key Provisions

1. Specific Acts and Forms of Harassment or Violence (Article 8)

• As detailed above, Article 8 outlines a comprehensive list of targeted acts that constitute political violence or harassment against women.

2. Maximum Penalty (Article 17)

• The maximum penalty applies to:
  Offences causing significant consequences
  Offences against vulnerable groups
  Offenders in leadership roles within political parties
  Public servants
  Repeat offenders
  Offenders who threaten the children of the victim

• Additional sanctions:
  Crimes of harassment or political violence against women will be aggravated by one-third of the usual sentence
  Very serious offenses committed by elected authorities will be punished with temporary suspension from office without pay (Article 17(III))

3. Obligation to Report (Article 25)

• Authorities or public servants of the Electoral Body must report any such acts to the Public Prosecutor’s Office

• Failure to report will result in prosecution and sanctions as outlined in the law