El Salvador

Overview of the Law

• Total Articles: 61

• Objective:
  To establish, recognize, and guarantee women’s right to a life free from violence by promoting public policies for the detection, prevention, care, protection, reparation, and punishment of violence against women. The law protects women's rights to:

  • Life

  • Physical and moral integrity

  • Liberty

  • Non-discrimination

  • Dignity

  • Effective protection

  • Personal security

  • Real equality and equity

  • 
    

Scope of Political Relevance

• The law does not include a specific definition of political violence.

• However, it recognizes political spheres as workplaces where violence against women can occur.

• Workplace harassment is defined in Article 8 as:

“A repeated act of physical or psychological hostility inflicted on a woman in the workplace because she is a woman, with the aim of isolating, intimidating, or destroying the communication networks of the person facing these acts, damaging her reputation, discrediting the work performed, or disrupting or hindering the performance of her duties.”

• While the law does not explicitly define protected persons, it is understood to apply to women working in politically affiliated workplaces, such as government departments and ministries.

Structure of the Law

The law includes provisions related to:

• Objectives and rights

• Scope and guiding principles

• Power dynamics and definitions

• Types and forms of violence

• Institutional framework:
  Instituto Salvadoreño para el Desarrollo de la Mujer (The Salvadoran Institute for the Development of Women)
  Comisión Técnica Especializada (Specialized Technical Commission)

• National Policy for Women’s Access to a Life Free of Violence

• Responsibilities of ministries and institutions

• Institutional units for specialized care

• Women's shelters and municipal councils

• Sistema Nacional de Datos y Estadísticas (National Data and Statistics System)

• Budget and funding

• Social assistance and subsidies

• Publicly actionable crimes and associated penalties

• Procedural guarantees for women

• Prohibition of conciliation

Three Key Features of the Law

1. Guarantee of Women’s Right to Political Participation (Article 2)

• Affirms that women are entitled to the free enjoyment and exercise of multiple rights, including the right to participate in public affairs and to hold public office.

2. Criminalization of Acts That Obstruct Political Participation (Article 55)

• Establishes penalties for behaviors that undermine women's political engagement, including:
  Preventing, limiting, or obstructing women’s political participation
  Mocking, discrediting, degrading, or isolating women in spaces for political or civic engagement and in workplaces

3. Procedural Guarantees for Victims of Violence (Article 57)

• Provides specific protections for women experiencing violence, including:

  • Preservation of privacy and dignity during proceedings

  • The right to be cared for by professionals of the same sex, trained in women’s rights and gender-based violence prevention

  • Protection by national police

  • The ability to request precautionary and emergency measures against aggressors

  • Additional protections for victims of trafficking