Law No. 97 (Prevention and Elimination of Violence against Women and Gender Violence)

Brief Description

According to Articles 3, 17, 20, 32, 33 and 34 of Law no. 97 of 20 June 2008, "Prevention and Elimination of Violence against Women and Gender Violence", an Authority for Equal Opportunities has been recently established to support the Committee on Equal Opportunities in its efforts to combat violence against women.  The Authority includes three members appointed by the Great and General Council (Parliament) for a four-year term chosen among legal experts, representatives of non-governmental associations and organizations active in the field of gender equality.  The Authority shall have the duty to collect data on violence against women and gender violence on a six-month basis and shall issue a specific annual report for public dissemination.]

This Law includes three Chapters, namely "Underlying Principles and Awareness-Raising and Prevention Measures for Combating Violence against Women and Gender Violence, including Domestic Violence", "Amendments to the Criminal Code" and "Judicial Measures for the Protection and Safety of Victims."

Chapter I describes the purposes of the law and the introduction of measures to raise awareness on and prevent violence against women and gender violence.  In particular, it contains specific provisions for the media with a view to preventing dissemination of messages that are detrimental to the individual identity and dignity of women and a "charter of rights" of the victims of sexual and domestic violence.  It also provides for direct intervention of the State in its capacity as guardian of the victim to establish and arrange the necessary services for the victims, to guarantee their right to be informed on existing measures and remedies and be assisted by specialized staff specifically trained to provide psychological support, and to ensure continuous training to all the professionals involved. 

Chapter II is specifically dedicated to the reform of the Criminal Code.  It has introduced new crimes cases providing for increased protection of the victims of domestic violence, in particular when perpetrated by family members. 

This part details new crimes cases, including "Reducing or holding in slavery or servitude", "Group violence", "Abduction and holding of a minor abroad", "Stalking" and "Mobbing" and the new offence of "Human Trafficking".

Chapter III includes four Titles and is dedicated to the judicial measures to be taken for the protection and safety of the victims.

Title I guarantees several rights to the victims of violence in civil, criminal and administrative proceedings, i.e. confidentiality, privacy and legal assistance.

Title II introduces protection measures for the victims of violence in criminal proceedings.  

Title III provides for civil protection measures and introduces protection orders.

Title IV provides for the preventive measures that can be taken by the law enforcement agencies.