Law on Shelter Houses for Women Victims

OBJECT AND SCOPE OF APPLICATION OF THE LAW. The present Law has as its object the creation, recognition, financial sustainability and functioning of Shelter Houses in Honduras, for the care of women victims-survivors of any type of violence or women who find themselves at risk due to a special condition of vulnerability, such as: Migrant, returned migrant, refugee, displaced, victim of trafficking or other analogous circumstances. The Shelter Houses have as their purpose to serve as a temporary and safe shelter for women victims of violence and risks stated in the preceding paragraph, and may be accompanied by their daughters and sons, guaranteeing them comprehensive psychosocial, legal, educational and health support.

RIGHTS HOLDERS. The present Law has as rights holders: 1) Women victims-survivors of any type of violence who are forced to abandon their homes and wish to seek the protection granted by the State and coordinated with Women's Organizations and Human Rights organizations; and, 2) Women who find themselves in danger due to a special condition of vulnerability, such as: Migrant, returned migrant, refugee, displaced, victim-survivor of human trafficking or other analogous circumstances. The foregoing, with respect to the principle of equality and non-discrimination, enshrined in the Constitution of the Republic, Conventions and International Treaties of which Honduras is a Party and other laws in force in the country.

GUIDING PRINCIPLES OF INTERPRETATION AND APPLICATION OF THE LAW.

• 1)

  Principle of Due Diligence of the State: The State has the duty to implement effective and timely measures to guarantee quality in systems of care for victims-survivors of violence. This implies a diligent and proactive action by governmental institutions and organizations involved in protection and assistance.

• 2)

  Principle of Equality and Non-Discrimination: Discrimination against women shall denote any distinction, exclusion or restriction based on sex that has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise by women, regardless of their civil status, on the basis of equality between men and women, of human rights and fundamental freedoms in the political, economic, social, cultural and civil spheres or in any other sphere. In accordance with Article 1 of the Convention on the Elimination of All Forms of Discrimination Against Women.

• 3)

  Principle of Integrality: Shelter Houses must have comprehensive services that encompass medical, legal, psychological, social and pedagogical care. These services must be provided in a timely manner and adapted to the specific needs of women victims-survivors of violence and their dependent daughters and sons.

• 4)

  Principle of Intersectionality: Care in Shelter Houses shall be based on the emerging needs of each woman, considering elements such as her origin, belonging to indigenous or Afro-descendant peoples, religious identity, age, nationality or disability condition and any other harmful to human dignity, in accordance with the Constitution of the Republic, Conventions and laws in force. Intersectionality recognizes the multiplicity of factors that influence the experience of violence.

• 5)

  Principle of Gratuity: The government shall provide specialized shelters for different types of victims. It shall facilitate the physical conditioning and special services in Shelter Houses. Comprehensive attention adapted to the needs of survivors must be free and accessible.

• 6)

  Principle of Celerity: The care provided in Shelter Houses shall be characterized by expedited processes of reception, comprehensive care and discharge. Promptness in response is fundamental to guarantee the safety and well-being of women affected by violence.

• 7)

  Principle of Confidentiality: Aimed at maintaining the anonymity of women, their life history, conditions of violence and information in general. The competent authorities involved must preserve the anonymity of the location of Shelter Houses, even with the survivors themselves. In addition, the anonymity and privacy of the women sheltered shall be guaranteed, as well as that of their sons and daughters. The informed consent of the victim shall be considered fundamental to protect their confidentiality.

• 8)

  Principle of Immediacy: Priority shall be given in the care of women victims-survivors in state health, education or justice system services. This shall apply regardless of the documentation carried or lack thereof. Care must be immediate, twenty-four (24) hours a day, including holidays, vacations or weekends. The urgency of the situation of many women must not be hindered by bureaucratic procedures.

• 9)

  Principle of Safety: Shelter Houses shall be located in safe places. Transport shall be guaranteed for women, their sons and daughters, and the staff of the Houses under conditions that effectively guarantee safety. The protection and confidentiality of women are essential to their well-being.

• 10)

  Principle of Human Dignity: All women who seek support in a Shelter House due to their situation of violence shall receive appropriate, affectionate treatment without value judgments. Discrimination shall be avoided in accordance with what is established in the Constitution of the Republic, Conventions and International Treaties of which Honduras is a party and other laws in force in the country. The dignity of women must be respected at all times.

• 11)

  Principle of Women's Autonomy: The autonomy of victims-survivors shall be respected in relation to decision-making regarding their situation of violence. The care offered shall be adapted to the specific needs of each woman, recognizing her capacity to decide about her own recovery process.

• 12)

  Principle of Best Interest of Children: The present law shall guarantee the application of the best interest of children principle for the daughters and sons of women victims of violence who seek protection provided by Shelter Houses. This principle shall be applied in consonance with special legislation on children and adolescents.

• 13)

  Principle of Participation of Society: Society, through its women's organizations, has the right and duty to participate in a leading manner to achieve full and effective implementation of the present law.

• 14)

  Principle of Inter-institutional Coordination: The work of Shelter Houses shall be coordinated among the institutions responsible for prevention, care, protection and follow-up of women victims-survivors of violence. These institutions shall include: State Secretariat in the Office of Women's Affairs (SEMUJER), State Secretariat in the Office of Education, Public Prosecutor's Office, Judicial Branch, State Secretariat in the Office of Health, The Commission for Follow-up to the Application of the Domestic Violence Law, The Inter-institutional Commission for Follow-up to Investigations of Violent Deaths of Women and Femicides (CISMVMF), The Inter-institutional Commission against Sexual Exploitation and Human Trafficking (CICESCT), Presidential Program "Ciudad Mujer", State Secretariat in the Offices of Social Development and State Secretariat in the Office of Security.

SOURCES OF INTERPRETATION. The sources of interpretation of the present Law are the Constitution of the Republic of Honduras, the laws, conventions, international instruments of human rights subscribed and ratified by the State of Honduras. In particular, those legislations or instruments regarding Women, Children, Adolescents and Family matters.

PROTECTED RIGHTS. The present Law contemplates the protection of the following rights:

• 1)

  Right to life;

• 2)

  Right to health and nutrition;

• 3)

  Right to access to justice;

• 4)

  Right to freedom of beliefs and thought;

• 5)

  Right to physical, psychological and sexual integrity;

• 6)

  Right to personal safety;

• 7)

  Right to equality and non-discrimination;

• 8)

  Right to appropriate information and counsel;

• 9)

  Right to confidentiality;

• 10)

  Right to non-revictimization or secondary victimization;

• 11)

  Right to autonomy and free development of personality;

• 12)

  Right to comprehensive social assistance, with this right what shall be guaranteed is to provide coverage for the needs arising from the situation of violence, restore the situation in which the victim found herself before suffering it or, at least, mitigate its effects;

• 13)

  Right to free, immediate and specialized legal assistance regardless of the existence of resources to litigate. This assistance shall be provided immediately in those proceedings that have a connection to, derive from or are a consequence of their status as victims; and,

• 14)

  Right to immediate schooling, which shall extend to both the woman victim-survivor and her daughters and sons if she has any.

DEFINITIONS. For the purposes of the present Law, the following definitions shall be adopted:

• 1)

  Violence Against Women: Any action or conduct, based on gender, that causes death, damage or physical, sexual or psychological suffering against women, both in the public and private sphere.

• 2)

  Victim of Violence: This is defined as any woman who has been the object of violence. This includes domestic, family, sexual, feminicidal, digital, economic, obstetric violence, trafficking, persecution or threats that generate internal or external displacement. The protection of victims is a legal imperative and is based on international treaties.

• 3)

  Survivor of Violence: This is defined as any woman who has survived a situation of violence and recognizes herself as a survivor. This encompasses all cycles or forms of violence in which the woman finds herself.

• 4)

  Care Processes: These are all those protocols established for Shelter Houses intended for the care of women victims-survivors of violence. Their objective is to achieve prompt physical, psychological, moral and social recovery.

• 5)

  Recovery Processes: These are all those protocols of Shelter Houses intended to recover the quality of life of women victims-survivors of violence. Their central purpose is full and active integration into society.

• 6)

  Reparation: It is the application of measures aimed at compensating for the effects of violence committed against women because of being a woman. The State shall be the principal guarantor of these comprehensive measures, which seek to restore their dignity and rights.

• 7)

  Restitution of Rights: It is the set of state measures aimed at guaranteeing the victim-survivor of violence the full restoration of her human rights. This comprises:

  • a)

    The enjoyment of freedom and personal autonomy;

  • b)

    The protection of identity and dignity;

  • c)

    The protection of family life and the possibility of reunification with her loved ones;

  • d)

    Full citizenship and access to her rights as a citizen;

  • e)

    Return to her place of origin or habitual residence, when she has been displaced;

  • f)

    Reintegration or creation of employment that allows her economic sustenance;

  • g)

    The return of her property and recovery of her assets;

  • h)

    The maintenance and recovery of parental authority of daughters and sons; and, i) The possibility of obtaining nationality or residency in other countries, if necessary.

• 8)

  Displaced: Refers to women who are forced to flee or abandon their homes or their usual places of residence. This may occur as a result of armed conflict, situations of generalized violence or violation of their human rights.

• 9)

  Returned Migrant: These are women who return to their country of origin or to their usual residence after having spent time in another country. This return may be voluntary or not. It includes voluntary repatriation.

• 10)

  Refugee: Refers to women who, due to well-founded fears of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinions and generalized violence, find themselves outside the country of their nationality and are unable or unwilling to avail themselves of the protection of such country.

• 11)

  Victim of Human Trafficking: These are women who have been the object of recruitment, transportation, transfer, reception or hosting of persons for purposes of exploitation. This includes threats, use of force or other forms of coercion, fraud, deception, abuse of power due to any situation of vulnerability, provision or receipt of payments or benefits to obtain the consent of a person who has authority over another.

TYPES OF VIOLENCE AGAINST WOMEN. Types of violence against women are:

• 1)

  Domestic Violence: Every pattern of conduct associated with a situation of unequal exercise of power that manifests itself in the use of physical, psychological, patrimonial and/or economic and sexual violence. In accordance with Article 5 of the Law Against Domestic Violence;

• 2)

  Unequal Exercise of Power: Any conduct directed at affecting, compromising or limiting the free development of a woman's personality for reasons of gender. In accordance with Article 5 of the Law Against Domestic Violence;

• 3)

  Family Violence: All physical or psychological violence exercised by an individual against his spouse, person with whom he maintains a recognized de facto union or person with whom he maintains or has maintained a stable relationship of an analogous nature to the above even without cohabitation, or against his descendants, ascendants or siblings by nature, adoption or affinity, whether these are his own relatives or those of his spouse or partner;

• 4)

  Cyberstalking: It consists of the use of information and communication technologies to harass, intimidate, threaten, defame or stalk women, whether through social networks, email, instant messaging or other digital media;

• 5)

  Sexual Violence: All conduct that entails threat or intimidation that affects the integrity or sexual self-determination of women, such as unwanted sexual relations, denial of contraception, sexual abuse, rape and sexual harassment whether it occurs in the public or private sphere;

• 6)

  Human Trafficking/Trafficking of Women: All that violence that involves the recruitment, transportation, transfer, reception or hosting of persons, resorting to threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of power due to a situation of vulnerability or the provision or receipt of payments or benefits to obtain the consent of a person who has authority over another for purposes of exploitation. That exploitation shall include at least, exploitation of prostitution or other forms of sexual exploitation, forced labor or services, slavery or slavery-like practices, servitude or organ extraction; and,

• 7)

  Femicide: A man commits the crime of femicide who kills a woman in the context of unequal power relations between men and women based on gender. In accordance with Article 208 of the current Penal Code.

SPHERES OF VIOLENCE AGAINST WOMEN. Spheres of violence against women are:

• 1)

  Violence in the Family Sphere: All violence exercised against women and girls who live in the home, whether or not they have blood ties. This violence includes: Aggression between spouses, from parents to daughters, from children to mothers or any other person integrated into the family who lives with the aggressor, even though they may not be biological daughters;

• 2)

  Violence in the Community Sphere: These are acts committed by individuals or groups of individuals that violate the human rights of women and among which are discrimination, harassment and sexual violence, as well as prohibitions on movement within the community or outside it. This sphere also covers women in situations of forced displacement;

• 3)

  Violence in the Educational Sphere: These are those actions that hold a direct harmful intention against one or more members of the school community: Students, teachers, principals, mothers or subordinate staff and that may also be perpetrated by a member who is within the institution in which she works or exercises volunteerism;

• 4)

  Violence in the Labor Sphere: All action, omission or behavior, intended to cause, directly or indirectly, physical, psychological or moral harm to a female worker, whether as a threat or as a committed action. This violence manifests itself as physical aggression, sexual harassment or psychological violence;

• 5)

  Political Violence Against Women: Political violence against women is understood as conduct manifested through physical, psychological, sexual, economic, media or symbolic aggression against a woman, which has the objective of limiting, preventing, suspending, canceling or restricting the recognition, enjoyment or exercise of political rights or the exercise of her position;

• 6)

  Violence in the Institutional Sphere: It is that which by action or omission is generated by the State. It comprises practices that have the purpose of delaying, obstructing or preventing the enjoyment and exercise of women's human rights, as well as their access to the enjoyment of public policies aimed at preventing, attending, investigating, punishing and eradicating different types of violence against her; and,

• 7)

  Violence in the Digital Sphere: It consists of the dissemination of messages, images and representations that promote stereotypes based on being a woman, objectification of women, misogyny and symbolic violence, thus contributing to the normalization of violence against women in society.

GOVERNING INSTITUTION OF THE LAW. The State Secretariat in the Office of Women's Affairs (SEMUJER) is the governing body responsible for the design, monitoring and evaluation of public policies and sectoral and inter-sectoral strategies to implement the provisions of the present law. It shall have the necessary and sufficient resources from the General Budget of the Republic for compliance with the obligations imposed by the present law.

FUNCTIONS OF THE STATE SECRETARIAT IN THE OFFICE OF WOMEN'S AFFAIRS (SEMUJER). In accordance with the scope of its competencies, the State Secretariat in the Office of Women's Affairs (SEMUJER) is responsible for the following functions:

• 1)

  To preside over the Special Commission for Shelter Houses in Honduras, in order to guarantee a safe shelter for women and to propose specific strategies and actions that, in accordance with the present law, this Commission must assume, at both the central and national levels;

• 2)

  The State Secretariat in the Office of Women's Affairs (SEMUJER) shall direct and convene the sessions held by the Special Commission for Shelter Houses in Honduras which shall monitor the application of the present law;

• 3)

  To include in the Annual Operating Plan of the State Secretariat in the Office of Women's Affairs (SEMUJER) the budget allocation for the efficient and effective compliance with the present law in the attributions and levels of decentralization that correspond to it, as well as to receive copies of the budget formulation of each of the public institutions that must include in their respective annual plans activities in accordance with the present law;

• 4)

  To request that State institutions submit annual reports regarding the implementation of the present Law;

• 5)

  To prepare recommendations, if necessary, to institutions that present their respective reports on application of the present law. Such recommendations must be shared with the institutions that are part of the Commission;

• 6)

  To establish coordination mechanisms with State bodies, autonomous institutions, civil society organizations and the private sector for the effective application of the present Law, at national, departmental and municipal levels;

• 7)

  To coordinate the Program of Shelter Houses for women victims of violence;

• 8)

  To submit annual evaluative reports on the situation of Shelter Houses and international commitments in this matter. These reports shall be presented to the Special Commission for Shelter Houses in Honduras and inserted on the Institution's website;

• 9)

  To coordinate the monitoring of the present Law at the regional level through its Regional Offices of the State Secretariat in the Office of Women's Affairs (SEMUJER), within the framework of what is provided in Articles 87-R, 87-S, 87-T and 87-U of Executive Decree No. PCM 23-2023 of May 4, 2023, published in the Official Gazette "La Gaceta" dated May 4, 2023;

• 10)

  To ensure the incorporation of the gender perspective and implementation of special measures for the care of women victims of violence who will be sheltered in Shelter Houses; and, 11) The State Secretariat in the Office of Women's Affairs (SEMUJER) shall have the power to request the submission of technical and financial reports from all those instances to which the administration, construction, equipment and/or maintenance of Shelter Houses has been expressly delegated or attributed by Ministerial Agreement or Law, regarding: 1) The use of resources administered, whatever their origin (Human, operational, physical and/or administrative); and, 2) The use of movable property or real estate that has been provided by the State, which must be remitted within a period not exceeding six (6) months, counted from the date of the request. The report(s) presented may be subject to any type of inspection by the Superior Court of Accounts (TSC) as the governing body of the control system for public resources.

SPECIAL COMMISSION FOR SHELTER HOUSES IN HONDURAS. The Special Commission for Shelter Houses in Honduras is created, an inter-institutional coordination body with a deliberative character and responsible for the proper application of the Law of Shelter Houses in Honduras (Law-CAREFH). Within a period of six (6) months from the entry into force of the present Law, the Special Commission for Shelter Houses in Honduras shall proceed to draft and issue the Regulations of the present Law.

COMPOSITION OF THE SPECIAL COMMISSION FOR SHELTER HOUSES IN HONDURAS. The present Commission shall be presided over by the State Secretariat in the Office of Women's Affairs (SEMUJER) and shall be composed of a principal representative and an alternate with decision-making power from the following public institutions and civil society organizations:

• 1)

  A representative of the State Secretariat in the Office of Women's Affairs (SEMUJER);

• 2)

  A representative of the State Secretariat in the Offices of Children, Adolescence and Family (SENAF);

• 3)

  A representative of the State Secretariat in the Office of Human Rights (SEDH);

• 4)

  A representative of the State Secretariat in the Office of Finance;

• 5)

  A representative of the State Secretariat in the Office of Health (SESAL);

• 6)

  A representative of the State Secretariat in the Office of Security;

• 7)

  A representative of the Public Prosecutor's Office;

• 8)

  Three (3) representatives of Women's Organizations with recognition and experience in violence against women; and,

• 9)

  Three (3) representatives of Shelter Houses of women's organizations with recognition and experience in the administration of Shelter Houses.

PARTICIPATION OF WOMEN'S ORGANIZATIONS. In order to guarantee the participation of women's organizations in the Special Commission for Shelter Houses in Honduras, six (6) representatives of the women's organizations described in the preceding Article shall be permanent members of this body. The representatives must be elected in an assembly of women's organizations and in accordance with the criteria defined for this purpose by themselves, considering the greatest representativeness of the different geographic regions of the country, as well as the convenience of continuity of the commitments assumed and capacity to fulfill the functions for which they were chosen. The representatives to the Commission shall exercise their functions for a period of two (2) years and have the obligation to present an annual report of their management to the assembly that chose them.

RESPONSIBILITIES OF THE BODIES THAT MAKE UP THE SPECIAL COMMISSION FOR SHELTER HOUSES IN HONDURAS.

• 1)

  National Network of Shelter Houses and Women's Organizations: To accompany, plan and coordinate strategic actions of the Special Commission for Shelter Houses within the framework of the implementation of the present law;

• 2)

  State Secretariat in the Office of Women's Affairs (SEMUJER): To monitor and accompany the actions of the Special Commission for Shelter Houses for women victims of violence, establishing a special budget allocation for accompaniment actions;

• 3)

  Public Prosecutor's Office: To coordinate and monitor the activities of the Commission in relation to judicial actions required in the scope of implementation of the present Law; and,

• 4)

  Judicial Branch: They shall be responsible for promptly and with due diligence referring to Shelter Houses the women victims of violence who come to this body, providing the legal accompaniment necessary and required by the victim within the framework of the violence of which she is the object. In the regions of the country where there are no Specialized Courts Against Domestic Violence, Peace Courts shall assume these functions.

NATIONAL PROGRAM OF SHELTER HOUSES IN HONDURAS. The present Law creates the National Program of Shelter Houses which shall have the purpose of guaranteeing inter-institutional coordination at national, departmental and municipal levels of public or private entities that provide shelter to women victims of violence and their families.

COMPOSITION OF THE NATIONAL PROGRAM OF SHELTER HOUSES IN HONDURAS. It shall be composed of public institutions or their divisions and civil society organizations or private sector organizations that currently carry out the activities described in the preceding paragraph, as well as those that are subsequently created for this purpose. The National Program of Shelter Houses for Women Victims of Violence (PN-CAREFH) shall be coordinated by the State Secretariat in the Office of Women's Affairs (SEMUJER).

AGREEMENTS. The State Secretariat in the Office of Women's Affairs (SEMUJER), through the National Program of Shelter Houses (PN-CAREF), shall promote the execution of cooperation agreements with civil society organizations that provide the services described above without affecting their independence and autonomy, guaranteeing the facilitation of State resources for the operation of Shelter Houses and care for victims.

REGISTRATION OF CARE PROTOCOLS. Institutions and organizations that develop activities of this type must register with the State Secretariat in the Office of Women's Affairs (SEMUJER) who shall disseminate the care protocols that shall be applied in each Shelter House. The Regulation of the present law shall define the process and the institutions involved in the development of these protocols.

MINIMUM STANDARDS AND SPECIALIZED PROTOCOLS. All branches of the National Program of Shelter Houses for Women Victims of Violence (PN-CAREFH) shall observe the minimum standards and specialized protocols of the different levels of care, in early detection, early assistance, inter-institutional referral and approach to situations of violence.

CREATION OF SHELTER HOUSES. Shelter Houses for women are created which shall be under the coordination of the Special Commission for Shelter Houses in Honduras. These bodies have among their main objectives:

• 1)

  To provide comprehensive care to women who are in danger and unprotected due to violence or due to a special condition of vulnerability as described in article one of this law, referred by governmental institutions, non-governmental institutions, women's organizations and women's networks;

• 2)

  To ensure immediate support, physical and emotional integrity and psychosocial care of victims-survivors;

• 3)

  To provide the service with respect for the dignity and personal integrity of women, their daughters and sons or member of the family group; and,

• 4)

  To coordinate with the corresponding institutions for the integration of the victim into her family, social and work environment. For compliance with what is established in the present Article, inter-institutional, local, regional, and municipal coordinations may be established.

AREAS OF SHELTER HOUSES. Shelter Houses shall have at least the following fundamental areas:

• 1)

  Prevention Axis: It shall comprise training and capacity building, as well as the creation of networks of women against violence and networks of volunteers for support to the work carried out;

• 2)

  Care Axis: It shall address comprehensive care for women survivors or victims of violence against women, their daughters and sons among which shall be counted psychological, legal, social and educational care, as well as coverage by the State of basic care, health, education and nutrition needs, clothing and other needs of women entering the shelter, their daughters and sons; and,

• 3)

  Follow-up Axis: It shall comprise monitoring through a life plan for women after having been a victim of violence. The State shall generate or link women with professional training programs, access to credit and employment. This axis shall guarantee special attention for boys and girls affected by the situation of violence and shall integrate them into the basic national curriculum.

PROVISION OF GENERAL SERVICES BY SHELTER HOUSES. Shelter houses shall provide women according to their needs and through permanent evaluation, the following general services:

• 1)

  Free reception, protection and care for women in situations of violence, to their daughters and sons and female family members who are under their care and/or are at risk;

• 2)

  Promotion of empowerment of women in situations of violence, facilitating their access to education, job training and employment;

• 3)

  Coordination with care services and public and private health centers for medical care of women and their family members in situations of violence;

• 4)

  Application of the national policy and the local policy that the corresponding municipal entity would have adopted, in coordination with Municipal Offices for Women (OMM) and women's organizations and networks;

• 5)

  To provide women with the multidisciplinary care necessary for their physical, psychological and social recovery, which allows them to participate, gradually, in public and social life; and,

• 6)

  To provide legal assistance and accompaniment and information about legal procedures, institutions that provide free services they require for their restoration and any topic of their interest, linked to their situation.

PROVISION OF SPECIALIZED AND FREE SERVICES BY SHELTER HOUSES. Shelter houses shall provide women and, where applicable, their daughters and sons the following specialized and free services:

• 1)

  Lodging, food and clothing;

• 2)

  Emergency medical care;

• 3)

  Educational, psychological programs, comprehensive to promote changes in attitudes and values for their gradual integration and full participation in social and private life, which allows them independence from the aggressor;

• 4)

  Legal advice and representation;

• 5)

  Training in the development of skills, techniques and knowledge for the performance of a labor or productive activity;

• 6)

  Priority access to the employment placement system, if requested; and,

• 7)

  The authority in charge of each house may coordinate private care of any of the aforementioned services.

ADMISSION TO SHELTER HOUSES. Admission to shelter houses shall be the consequence of the will of the woman victim-survivor of violence provided that the condition of any type of violence or condition of vulnerability established in Article 1 of the present Law has been verified through testimonial means and/or by expert handling.

DISCHARGE FROM SHELTER HOUSES. Discharge from Shelter Houses shall be a consequence of:

• 1)

  Due to the will of the victim-survivor of violence;

• 2)

  Due to non-compliance with the requirements and norms of Shelter Houses; and,

• 3)

  Due to the situation of risk of the victim, her sons and daughters having been mitigated or resolved. The State shall guarantee security measures for the transfer of the woman, as well as relocation options, according to her needs and with the approval of the women.

LENGTH OF STAY OF WOMEN IN THE SHELTER. The length of stay of survivors shall be three (3) months as a maximum period with the possibility of extension, depending on the degree of risk in which the woman victim finds herself, as well as her daughters and sons.

REQUIREMENTS FOR ADMISSION AND STAY IN SHELTER HOUSES. For a woman to be able to be admitted to Shelter Houses, she must meet the following requirements:

• 1)

  To be in a situation of risk due to experiencing one or more of the types of violence mentioned in Article 7 of the present Law or to be in imminent danger due to a special condition of vulnerability such as: migrant, returned migrant, refugee, displaced, victim of trafficking and other analogous circumstances;

• 2)

  To be over eighteen (18) years of age;

• 3)

  To expressly manifest her free and spontaneous will to remain in the shelter; and,

• 4)

  To agree to respect the rules of Shelter Houses.

PROTECTION MEASURES. Protection measures shall be understood as those actions aimed at interrupting and preventing the commission or perpetration of acts of violence against women, with the primary objective of safeguarding their lives, physical, psychological, sexual and moral integrity, as well as that of their sons and daughters. These shall derive from what is provided in national legislation, as well as frameworks and conventions subscribed by the State of Honduras in matters of violence against women. The immediate application of protection measures shall be the responsibility of the properly authorized competent authority.

NO REVICTIMIZATION. It shall be guaranteed that judicial and administrative procedures, as well as the process of admission and stay of women in Shelter Houses, are agile and efficient, avoiding any situation of revictimization for women, as well as for their sons and daughters.

PROTECTION OF GIRLS AND BOYS. Girls and boys who accompany their mothers in situations of violence shall receive immediate care in Health and Education Systems, integrating a specific axis of incorporation of such minors in the educational system. Preference shall be given to girls and boys in these circumstances in both the national educational and health spheres. In Shelter Houses, it shall be sought that girls and boys remain with the woman victim-survivor, whenever conditions permit, receiving comprehensive care that shall include an adequate space for their recreation and leisure. For the safeguard of the rights of girls and boys, the other protective provisions contemplated in national and international legislation on the rights of children shall be applied.

CARE FOR INDIGENOUS AND AFRO-DESCENDANT WOMEN. Comprehensive care shall be provided to women victims of violence who come from indigenous and Afro-descendant peoples and/or rural areas, understanding that the risk for them is much greater due to their condition of identity. Needs for food, customs and specific needs shall be identified to be able to offer, as far as possible, a protection and shelter service adequate to their needs.

CARE PROTOCOLS. Shelter Houses shall have their own protocols for care, action and safety which must be approved and disseminated by the State Secretariat in the Office of Women's Affairs (SEMUJER), to be complied with by governmental, private and mixed institutions, in order to ensure both the protection of the victim and that of the Shelter House staff.

PERSONNEL OF SHELTER HOUSES. Shelter Houses must have multidisciplinary, professional staff, sensitized and highly trained in the subject matter, whether formally or informally. The following areas should be considered in relation to women:

• a)

  emotional and psychological care;

• b)

  legal care;

• c)

  care in life skills; and,

• d)

  pedagogy and work with girls and boys. Because Shelter Houses are a matter of work in a priority and specific area, efforts shall be made, as far as possible, to maintain trained and capable staff to provide care to women.

NETWORK OF VOLUNTEERS AND FORMER USERS. The Network of Volunteers and Former Users of Shelter Houses is created. Those women survivors of violence or those who wish to assume this commitment may form networks of volunteers to provide support to Shelter Houses. These networks shall dedicate themselves to the formation of groups of sorority and protection, integrating themselves in an articulated manner with public care services.

BUDGET ALLOCATION. The Executive Power, through the State Secretariat in the Office of Women's Affairs (SEMUJER), shall guarantee and ensure the allocation of the budget item in the Draft of the General Budget of Income and Expenditures of the Republic, corresponding to each of the institutions, bodies and programs responsible for compliance with the present Law. For the current fiscal year, the implementation of the present law shall be carried out in accordance with what is stipulated in the provisions of the General Budget of Income and Expenditures of the Republic, for Fiscal Year 2024, which includes specific allocations of funds for Shelter Houses. In subsequent fiscal years, budget allocations must be maintained and adjusted as necessary, guaranteeing the continuity and adequacy of resources allocated to Shelter Houses. These allocations must be sufficient and clearly labeled for this purpose, ensuring their exclusive use in support and maintenance of Shelter Houses for women victims of violence.

SOURCES OF FINANCING. The resources to finance the present Law shall be the following:

• 1)

  The annual allocations of items in the Law of the General Budget of Income and Expenditures of the Republic, aimed at compliance with the mandates contained in the present law;

• 2)

  National and International Donations;

• 3)

  Resources from international cooperation; and,

• 4)

  Other sources of national or international financing.

PROCEDURAL GUARANTEES. Women victims of violence shall enjoy the following procedural guarantees, in addition to those established in national and international legal order in this matter:

• 1)

  Gratuity in access to public services provided by the bodies responsible for administering justice and repairing the violated rights of women victims of violence. The actions carried out within the framework of the present Law shall be exempt from any tax burden, rate or payment of any kind. Court costs shall not be required of the woman, but may be charged to the defendant or respondent;

• 2)

  Action with due diligence. The competent authorities must proceed with integrity and speed to prevent, investigate and try acts of violence against women. All personnel of the bodies involved in the administration of justice must act considering the situation of women victims of violence and the risk to which they are exposed;

• 3)

  Right to be heard and to participate at all times in the process, as well as to receive information about the status of the case. This guarantee means that the authorities, officials, contracted personnel, auxiliary service in general of the public function and private individuals who provide public service in procedures related to acts of violence, have the obligation to inform the woman in a situation of violence in the language, speech or dialect that she understands, in a manner accessible to her age and maturity or sensory and/or mental capacities, about the rights that assist her, the available resources, the way to preserve evidence, the status of the judicial proceedings in which she is involved, as well as free copies thereof and the governmental or non-governmental services available for her care;

• 4)

  Respect for the right to guidance and emotional and psychological accompaniment required to ensure that the woman facing a situation of violence voluntarily and consciously assumes the decision to report her aggressor to justice;

• 5)

  Protection of the human right to privacy, guaranteeing the confidentiality of proceedings. Proceedings related to acts of violence are confidential and may only be shown or testimony or certificates thereof provided at the request of a legitimate party or by order of a competent authority. Victims have the right to be accompanied, in any proceeding or action, by a public or private official, person or women's organization and human rights of her trust;

• 6)

  Reception of humane treatment and care by personnel specialized in human rights and the rights of women victims of violence, in accessible places that guarantee privacy, safety and trust. During the woman's initial statement, her emotional state must be taken into account and to avoid successive statements and secondary revictimization, the Public Prosecutor's Office or the Court may authorize the use of the Gesell Chamber or other suitable means as advance evidence; and,

• 7)

  Carrying out inspections of her body with respect to her dignity, properly informed and with her consent, being able to be accompanied by someone of her confidence and carried out by professional specialized personnel.

ENTRY INTO FORCE. The present Decree shall enter into force from the date of its publication in the Official Gazette "La Gaceta". Done in the city of Tegucigalpa, municipality of the Central District, in the Hall of Sessions of the National Congress, on the twelfth day of the month of March of two thousand twenty-four.