Law on Shelter Houses for Women Victims-Survivors of Violence in Honduras Title I General Provisions Chapter I Purpose of the Law, Scope, Principles and Protected Rights

OBJECT AND SCOPE OF APPLICATION OF THE LAW. The purpose of this Law is the creation, recognition, financial sustainability and operation of Refuge 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. Refuge Houses have the purpose of serving as temporary and safe shelter for women victims of the violence and risks mentioned in the preceding paragraph, being able to be accompanied by their daughters and sons, guaranteeing them psychosocial, legal, educational and health support in a comprehensive manner.

HOLDERS OF RIGHTS. This Law has as rights holders: 1) Women victims-survivors of any type of violence who are forced to abandon their homes and wish to avail themselves of 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 State Due Diligence: 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 diligent and proactive action by governmental institutions and organizations involved in protection and assistance.

• 2)

  Principle of Equality and Non-Discrimination: Discrimination against women denotes any distinction, exclusion or restriction based on sex that has the purpose or result of impairing or nullifying the recognition, enjoyment or exercise by women, regardless of their marital 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 Comprehensiveness: Refuge 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 Refuge 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 status and any other factor 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 Refuge Houses. Comprehensive care adapted to the needs of survivors must be free and accessible.

• 6)

  Principle of Celerity: Care provided in Refuge 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 general information. Competent authorities involved must preserve the anonymity of the location of Refuge Houses, even with the survivors themselves. Furthermore, 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 safeguard her confidentiality.

• 8)

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

• 9)

  Principle of Security: Refuge Houses shall be located in safe places. Transportation shall be guaranteed for women, their sons and daughters, and Refuge House personnel under conditions that effectively guarantee security. Protection and confidentiality of women are essential for their well-being.

• 10)

  Principle of Human Dignity: All women who seek support in a Refuge House due to their situation of violence shall receive appropriate, affectionate treatment and 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 about 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: This Law guarantees the application of the best interest of children for the daughters and sons of women victims of violence who avail themselves of the protection provided by Refuge Houses. This principle shall be applied in accordance with special legislation on childhood and adolescence.

• 13)

  Principle of Social Participation: Society, through its women's organizations, has the right and duty to participate in a leading role to achieve the full and effective implementation of this Law.

• 14)

  Principle of Inter-institutional Coordination: The work of Refuge Houses shall be coordinated between the institutions responsible for prevention, care, protection and follow-up of women victims-survivors of violence. These institutions shall include: State Secretariat for Women's Affairs (SEMUJER), State Secretariat for Education, Public Prosecutor's Office, Judicial Branch, State Secretariat for Health, The Follow-up Commission for the Application of the Domestic Violence Law, The Inter-institutional Follow-up Commission for 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 for Social Development and State Secretariat for Security.

SOURCES OF INTERPRETATION. The following constitute sources of interpretation of this Law: the Constitution of the Republic of Honduras, the laws, conventions, international human rights instruments subscribed to and ratified by the State of Honduras. In particular, those legislations or instruments concerning Women, Childhood, Adolescence and Family.

PROTECTED RIGHTS. This Law contemplates the protection of the following rights:

• 1)

  Right to life;

• 2)

  Right to health and food;

• 3)

  Right to access to justice;

• 4)

  Right to freedom of belief and thought;

• 5)

  Right to physical, psychological and sexual integrity;

• 6)

  Right to personal security;

• 7)

  Right to equality and non-discrimination;

• 8)

  Right to adequate information and advice;

• 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 is 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 to them immediately, in those processes that have a link, derive from or are a consequence of their condition as victims; and,

• 14)

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

DEFINITIONS. For the purposes of this 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 to women, both in the public and private spheres.

• 2)

  Victim of Violence: Any woman who has been subject to violence is defined this way. This includes domestic, family, sexual, feminicidal, digital, economic, obstetric, trafficking, persecution or threats violence that generates internal or external displacement. Protection of victims is a legal imperative and is based on international treaties.

• 3)

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

• 4)

  Care Processes: All those protocols established for Refuge Houses intended for the care of women victims-survivors of violence. Its objective is to achieve prompt physical, psychological, moral and social recovery.

• 5)

  Recovery Processes: All those protocols of Refuge Houses intended to recover the quality of life of women victims-survivors of violence. Its central purpose is full and active integration into society.

• 6)

  Reparation: The application of measures aimed at compensating the effects of violence committed against women because of being women. The State shall be the main guarantor of these comprehensive measures, which seek to re-establish their dignity and rights.

• 7)

  Restitution of Rights: The set of state-level measures aimed at guaranteeing to the victim-survivor of violence the full re-establishment of her human rights. This includes:

  • 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 loved ones;

  • d)

    Full citizenship and access to rights as citizens;

  • e)

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

  • f)

    Reintegration or job creation to allow for her economic support;

  • g)

    The return of her property and recovery of her patrimony;

  • h)

    The maintenance and recovery of parental authority of sons and daughters; and, i) The possibility of obtaining nationality or residence 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: Women who return to their country of origin or to their usual place of 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 on grounds of race, religion, nationality, membership of a particular social group or political opinions and generalized violence, are outside their country of nationality and are unable or unwilling to avail themselves of the protection of such country.

• 11)

  Victim of Human Trafficking: Women who have been subject to recruitment, transportation, transfer, reception or admission 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: Any pattern of conduct associated with a situation of unequal exercise of power that manifests itself in the use of physical, psychological, property-related 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 the personality of women because of gender. In accordance with Article 5 of the Law Against Domestic Violence;

• 3)

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

• 4)

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

• 5)

  Sexual Violence: Any 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 this occurred in the public or private sphere;

• 6)

  Human Trafficking/Women Trafficking: All that violence that involves the recruitment, transportation, transfer, reception or admission of persons, resorting to threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of power of 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 minimum, the exploitation of prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or organ extraction; and,

• 7)

  Femicide: A man commits the crime of femicide when he kills a woman in the context of unequal relationships of power between men and women based on gender. In accordance with Article 208 of the current Criminal 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 living in the home, whether or not they have blood ties. This violence includes: Aggression between spouses, from parents to daughters, from sons to mothers or any other person integrated within the family who cohabits with the aggressor, even if they are not biological daughters;

• 2)

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

• 3)

  Violence in the Educational Sphere: Those actions that have a direct intent to harm one or more members of the school community: Students, teachers, principals, mothers or subordinate personnel and which may also be perpetrated by a member who is within the institution in which she works or performs volunteer work;

• 4)

  Violence in the Workplace: All action, omission or conduct, intended to cause, directly or indirectly, physical, psychological or moral damage to a worker, whether as a threat or completed action. This violence manifests itself as physical aggression, sexual harassment or psychological violence;

• 5)

  Political Violence Against Women: Political violence against women is understood to be conduct manifested through physical, psychological, sexual, economic, media-based or symbolic aggression against women, which has the objective of limiting, preventing, suspending, nullifying or restricting the recognition, enjoyment or exercise of political rights or the exercise of her office;

• 6)

  Violence in the Institutional Sphere: That which is generated by action or omission by the State. It comprises practices that have as purpose to delay, obstruct or prevent the enjoyment and exercise of human rights of women, as well as their access to the enjoyment of public policies intended to prevent, care for, investigate, punish and eradicate the different types of violence against her; and,

• 7)

  Violence in the Digital Sphere: Consists of the dissemination of messages, images and representations that promote stereotypes based on being a woman, commodification 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 for Women's Affairs (SEMUJER), is the governing body responsible for the design, monitoring and evaluation of public policies and sectoral and intersectoral strategies to effectuate the provisions of this Law. It shall have the necessary and sufficient resources from the General Budget of the Republic for the fulfillment of the obligations that this Law imposes.

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

• 1)

  To preside over the Special Commission for Refuge Houses of Honduras, in order to guarantee safe shelter for women and to propose the specific strategies and actions that in accordance with this Law this Commission should undertake, both at central and national level;

• 2)

  The State Secretariat for Women's Affairs (SEMUJER) shall direct and convene the sessions held by the Special Commission for Refuge Houses of Honduras that shall monitor the application of this Law;

• 3)

  To include in the Annual Operating Plan of the State Secretariat for Women's Affairs (SEMUJER) the budgetary allocation for the efficient and effective fulfillment of this Law in the attributions and decentralization levels that are within its competence, as well as to receive a copy of the budgetary formulation of each of the public institutions that must include in their respective annual planning activities in accordance with this Law;

• 4)

  To request from State institutions, the presentation of annual reports regarding the implementation of this Law;

• 5)

  To develop recommendations, if necessary, to the institutions that present their respective reports on application of this Law. Such recommendations must be shared with the institutions that make up the Commission;

• 6)

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

• 7)

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

• 8)

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

• 9)

  To coordinate monitoring of this Law at the regional level through its Regional Offices of the State Secretariat for 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 approach and implementation of special measures for care of women victims of violence who shall be sheltered in Refuge Houses; and, 11) The State Secretariat for Women's Affairs (SEMUJER) shall have the authority to request the presentation of technical and financial reports from all those instances to whom the administration, construction, equipment and/or maintenance of Refuge Houses has been delegated or expressly attributed through Ministerial Agreement or Law, regarding: 1) The use of resources administered, whatever their source (Human, operational, physical and/or administrative); and, 2) The use of personal property or real property that has been provided by the State, which must be remitted within a period not exceeding six (6) months, counted from the date of its request. The report(s) presented may be subject to any type of audit by the Superior Court of Accounts (TSC) as the governing body of the public resources control system.

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

COMPOSITION OF THE SPECIAL COMMISSION FOR REFUGE HOUSES OF HONDURAS. This Commission shall be presided by the State Secretariat for Women's Affairs (SEMUJER) and shall be composed of one principal representative and one alternate with decision-making power, from the following public institutions and civil society organizations:

• 1)

  One representative of the State Secretariat for Women's Affairs (SEMUJER);

• 2)

  One representative of the State Secretariat for Childhood, Adolescence and Family Affairs (SENAF);

• 3)

  One representative of the State Secretariat for Human Rights (SEDH);

• 4)

  One representative of the State Secretariat for Finance;

• 5)

  One representative of the State Secretariat for Health (SESAL);

• 6)

  One representative of the State Secretariat for Security;

• 7)

  One 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 Refuge Houses from women's organizations with recognition and experience in the administration of Refuge Houses.

PARTICIPATION OF WOMEN'S ORGANIZATIONS. In order to guarantee the participation of women's organizations in the Special Commission for Refuge Houses of 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 them themselves, considering the greatest representativeness of the different geographical regions of the country, as well as the advisability of continuity of the commitments assumed and capacity for the fulfillment of 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 REFUGE HOUSES OF HONDURAS.

• 1)

  National Network of Refuge Houses and Women's Organizations: To accompany, plan and coordinate strategic actions of the Special Commission for Refuge Houses within the framework of the execution of this Law;

• 2)

  State Secretariat for Women's Affairs (SEMUJER): To monitor and accompany the actions of the Special Commission for Refuge Houses for women victims of violence, establishing a special budgetary item for accompaniment actions;

• 3)

  Public Prosecutor's Office: To coordinate and follow up on the activities of the Commission in relation to judicial proceedings that are required in the scope of execution of this Law; and,

• 4)

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

NATIONAL PROGRAM FOR REFUGE HOUSES OF HONDURAS. This Law hereby creates the National Program for Refuge Houses which shall have the purpose of guaranteeing inter-institutional coordination at the national, departmental and municipal level of the entities, public or private, that offer shelter to women victims of violence and their families.

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

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

REGISTRY OF CARE PROTOCOLS. Institutions and organizations that develop activities of this type shall register with the State Secretariat for Women's Affairs (SEMUJER), which shall disseminate the care protocols that will be applied in each Refuge House. The Regulations of this Law shall define the process and the institutions involved in the development of these protocols.

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

CREATION OF REFUGE HOUSES. To create Refuge Houses for women that shall be under the coordination of the Special Commission of Refuge Houses of Honduras. These entities have among their main objectives:

• 1)

  To provide comprehensive care to women who are at risk 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 organizations, women's organizations and women's networks;

• 2)

  To ensure immediate support, physical and emotional integrity and psychosocial care for victim-survivors;

• 3)

  To provide the service with respect to the dignity and personal integrity of women, their daughters and sons or family members; and,

• 4)

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

AXES OF THE REFUGE HOUSES. The Refuge Houses shall have at least the following fundamental areas:

• 1)

  Prevention Axis: Shall comprise training and capacity building, as well as the creation of women's networks against violence and volunteer networks to support the work carried out;

• 2)

  Care Axis: Shall address comprehensive care for survivor or victim women of violence against women, their daughters and sons, which shall include psychological, legal, social, and educational care, as well as coverage by the State of basic needs for care, health, education and food, clothing and other needs of women who enter the refuge, their daughters and sons; and,

• 3)

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

PROVISION OF GENERAL SERVICES OF THE REFUGE HOUSES. Refuge houses shall provide to women, according to their needs and through continuous evaluation, the following general services:

• 1)

  Reception, protection and free care for women in situations of violence, their daughters and sons and female family members who are under their dependency 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 national policy and local policy that may have been adopted by the corresponding municipal entity, 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 OF THE REFUGE HOUSES. Refuge houses shall provide to women and, where applicable, to their daughters and sons the following specialized and free services:

• 1)

  Lodging, food and clothing;

• 2)

  Emergency medical assistance;

• 3)

  Educational and psychological programs, comprehensive programs 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 work or productive activity;

• 6)

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

• 7)

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

ADMISSION TO REFUGE HOUSES. Admission to refuge houses shall be a consequence of the will of the woman victim-survivor of violence provided that the status of any type of violence or condition of vulnerability established in Article 1 of this Law has been verified through testimonial evidence and/or expert handling.

DISCHARGE FROM REFUGE HOUSES. Discharge from Refuge Houses shall be a consequence of:

• 1)

  By the will of the victim-survivor of violence;

• 2)

  By non-compliance with the requirements and norms of the Refuge Houses; and,

• 3)

  Because the risk situation of the victim, her sons and daughters has been mitigated or resolved. The State shall guarantee safety 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 REFUGE. The temporality 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 REFUGE HOUSES. For a woman to be admitted to Refuge Houses, she must meet the following requirements:

• 1)

  To be in a situation of risk due to experiencing one or several of the types of violence mentioned in Article 7 of this Law or to be in imminent danger due to a special condition of vulnerability such as: migrant, returned migrant, refugee, displaced person, 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 refuge; and,

• 4)

  To agree to respect the norms of the Refuge Houses.

PROTECTION MEASURES. Protection measures shall be understood as those actions directed to interrupt and prevent 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 be derived from the provisions of national legislation, as well as frameworks and international agreements signed by the State of Honduras in matters of violence against women. The immediate application of protection measures shall be the responsibility of the competent authority duly authorized.

NON-REVICTIMIZATION. It shall be guaranteed that judicial and administrative procedures, as well as the process of admission and stay of women in Refuge Houses, shall be 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 for the incorporation of said minors in the educational system. Preference shall be given to girls and boys in these circumstances both in the national educational sphere and in health. In Refuge Houses, efforts shall be made to ensure that girls and boys remain with the woman victim-survivor, whenever conditions permit, receiving comprehensive care that shall include an appropriate space for their recreation and leisure. For the safeguarding of the rights of girls and boys, the other protection provisions contemplated in national and international legislation on children's rights 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 identity condition. Food needs, customs, and specific needs shall be identified in order to offer, to the extent possible, a protection and refuge service appropriate to their needs.

CARE PROTOCOLS. The Refuge Houses shall have their own care, action, and security protocols which must be approved and disseminated by the State Secretariat for 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 Refuge House staff. CHAPTER VII PERSONNEL OF THE REFUGE HOUSES AND THE CREATION OF NETWORKS OF VOLUNTEERS AND FORMER USERS

PERSONNEL OF THE REFUGE HOUSES. The Refuge Houses must have multidisciplinary, professional personnel who are sensitized and highly trained in the subject matter, whether in a formal or informal manner. Regarding women, the following areas must be considered:

• a)

  emotional and psychological care;

• b)

  legal care;

• c)

  care for life skills and social development; and,

• d)

  pedagogy and work with children. Because the Refuge Houses address a matter of work in a priority and specific area, efforts shall be made, to the extent possible, to maintain trained and experienced personnel to provide care to women.

NETWORK OF VOLUNTEERS AND FORMER USERS. The Network of Volunteers and Former Users of the Refuge Houses is hereby created. Those women survivors of violence or those who wish to assume this commitment may form volunteer networks to provide support to the Refuge 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. TITLE IV FINANCING OF THE REFUGE HOUSES OF HONDURAS CHAPTER I FINANCING OF THE REFUGE HOUSES FOR WOMEN VICTIMS OF VIOLENCE

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

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

• 1)

  Annual allocations of line items in the Law of the General Budget of Income and Expenses of the Republic, directed to the fulfillment of the mandates contained in this Law;

• 2)

  National and International Donations;

• 3)

  Resources from international cooperation; and,

• 4)

  Other sources of national or international financing. CHAPTER II GUARANTEES FOR WOMEN RECEIVED IN THE REFUGE HOUSES

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

• 1)

  Free access to public services provided by the bodies responsible for administering justice and repairing the violated rights of women victims of violence. Actions carried out within the framework of this Law shall be exempt from any tax burden, fee, or payment of any kind. Judicial costs shall not be demanded from the woman, but may be imposed on the accused or defendant;

• 2)

  Action with due diligence. Competent authorities must proceed with integrity and promptness to prevent, investigate, and prosecute 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 during the proceeding, as well as to receive information about the status of the case. This guarantee implies that authorities, officials, contracted personnel, general auxiliary service of public administration, and private individuals who provide public service in proceedings 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 available to her, the resources available, the means of preserving evidence, the status of judicial proceedings in which she is involved, as well as a free copy of the same and the governmental or non-governmental services available for her care;

• 4)

  Respect for the right to guidance and emotional and psychological support 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. Actions related to acts of violence are confidential and may only be exhibited or testimony or certification of the same given at the request of a legitimate party or by order of a competent authority. Victims have the right to be accompanied, in any action or proceeding, by a public or private official, person, or organization of women and human rights of their confidence;

• 6)

  Reception of humanitarian treatment and care by personnel specialized in human rights and the rights of women victims of violence, in accessible places that guarantee privacy, security, and confidence. During the woman's initial statement, her emotional state must be taken into account and to avoid successive statements and secondary victimization, the Public Ministry or the Court may authorize as anticipated evidence the use of the Gesell Chamber or other appropriate means; and,

• 7)

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

EFFECTIVE DATE. This Decree shall take effect as of the date of its publication in the Official Journal "La Gaceta".