Law for the Protection of Women in Contexts of Humanitarian Crises, Humanitarian Disasters, and Related Circumstances

The purpose of this Law is to guarantee the protection of women in the context of humanitarian crises due to food insecurity, natural disasters, climate change and emergencies. For such purpose, humanitarian crisis is understood as the cumulative impact of disasters, conflicts or crises that require an immediate response to save lives and protect persons in conditions of greater vulnerability and risk, as well as situations of considerable disasters, most serious damages or extraordinary acts of God, caused by the alteration of natural phenomena that cause damage to territory, population and property, such as: floods, droughts, earthquakes, hurricanes, fires, pandemics and epidemics, among others, including those exceptional situations caused by natural causes or those derived from situations or conflicts of a political character that include the restriction of rights and Constitutional Guarantees.

In situations of humanitarian crisis or emergency, shelters must comply with international standards that guarantee the protection and respect of the human rights of all persons, especially those in situations of vulnerability, such as women, girls and boys. In this regard, it must ensure the separate location of women, girls and boys from adult men and young people in shelters; they must provide separate sanitary facilities for men and women. Furthermore, children under eighteen (18) years of age must be located in the same space as their mothers to guarantee their protection and well-being. These standards are fundamental to ensure that all persons in situations of emergency have access to adequate and safe conditions for their well-being. In addition to the provisions in the preceding paragraph, competent authorities must guarantee the delivery in shelters of emergency kits differentiated by gender. These kits must include products specific for women, such as medicines and products for menstrual management. It is the responsibility of competent authorities to ensure that emergency kits are delivered in a timely and appropriate manner to all women, girls and boys who require them, without any type of discrimination.

An Ad-Hoc National Commission for the Prevention and Attention of Gender-Based Violence shall be organized while the humanitarian crisis or emergency lasts, coordinated by the State Secretariat of the Office of Women's Affairs (SEMUJER), jointly with the Municipal Office for Women of the corresponding Municipality, which shall have representation from women's networks or organizations in the community and from the Board of Directors of the National Risk Management System (SINAGER).

The National Commission for the Prevention and Attention of Gender-Based Violence shall have the objective to prevent, attend to and eradicate gender-based violence in the context of humanitarian crisis or emergency. To this end, it must coordinate actions with other state agencies, civil society organizations and international organizations, when appropriate, to guarantee an effective and comprehensive response to gender-based violence in the framework of the emergency or humanitarian crisis. The Ad-Hoc Commission must establish work plans and specific actions, considering the particularities and needs of each context, as well as the affected population. Said Commission must submit periodic reports on its actions and results, and its functioning shall be evaluated by the competent authorities as determined by Law or its Regulation. The creation of this Ad-Hoc Commission does not limit the responsibility of authorities to prevent and attend to gender-based violence in a permanent and sustainable manner, within the framework of their competencies and legal obligations.

The State Secretariat of the Office of Women's Affairs (SEMUJER) must coordinate with the Public Prosecutor's Office through the Special Women's Prosecutor's Office, Health Centers, Coordination of the Presidential Program Ciudad Mujer, and with women's networks or organizations in the community, in close relationship with the State Secretariat of the Office of Risk Management and Contingencies (COPECO), the facilitation of training and talks on the prevention of violence against women, girls and boys, as well as talks on reproductive health, prevention of adolescent pregnancies, sexually transmitted diseases and biosecurity measures for disease prevention.

In all Municipal Emergency Committees (CODEM), the representation of the Municipal Offices for Women and representation of women's organizations in the municipality must be included. Municipal Emergency Committees (CODEM) must be trained on the Human Rights of women, attention and prevention of violence against women, girls and boys. Likewise, these committees must place a complaint box in shelters so that women who are experiencing violence can submit their complaint, ensuring that to give appropriate processing to that complaint, there shall be close coordination with security agencies, the Public Prosecutor's Office and corresponding courts to guarantee their protection and access to justice.

In the case of domestic workers and other services provided from home, it is the obligation of the employer to provide materials, supplies and safe transportation to avoid the spread and propagation of diseases. Consequently, in a coordinated manner, the State Secretariat of the Office of Health (SESAL) and the State Secretariat of the Office of Labor and Social Security in coordination, must create, disseminate, supervise and ensure compliance with the biosecurity protocols to be followed for such purpose.

Employers may not for any reason, retain or prevent the employee who works as a domestic worker or who provides any type of home-based service, depriving her of her right to visit or remain with her family in accordance with the days off established in labor matters and the days of greater emergency. Nor may employers, under any circumstances, reduce or retain the salary of the domestic worker, previously established.

Reconstruction processes must be carried out from a gender perspective, that is to say that it includes attention to violence against women, girls and boys. Assistance shall also be granted with priority to women, girls and boys through social assistance programs aimed at addressing humanitarian crises, natural disasters and other emergencies.

The national centers for assistance to women who suffer violence, including the Module for Attention and Protection of Women's Rights (MAPRODEM), of the Ciudad Mujer Program, the Specialized Comprehensive Care Modules (MAIE) and others that may be created for such purpose, must remain open and operational during the period of national emergency to ensure medical, legal and psychological assistance to victims. Sustained investment in shelter houses must be guaranteed as they are a key mechanism to protect the lives of women with protection needs.

In the different social programs of the Government, the following shall have priority to receive the benefits thereof: single mothers, pregnant women and elderly women, women with disabilities, domestic workers and women from the indigenous and Afro-descendant populations, as well as women victims or survivors of gender-based violence.

The State Secretariat of the Office of Health must immediately implement biosecurity protocols with a gender perspective for preferential attention to women who work in the health area, providing them as a priority with the necessary equipment for the performance of their functions. It must strengthen the capacities to implement the Protocol for Comprehensive Attention to Persons who are Victims/Survivors of Sexual Violence, as well as the training of health personnel and volunteer personnel in gender equality.

The State Secretariat of the Office of Women's Affairs (SEMUJER) must promote mass information campaigns in all media outlets, in order to educate, inform and communicate to the entire population about issues of violence against women and girls, the route to follow regarding complaints and protection measures, in case of being victims of violence, for this purpose necessary resources shall be allocated or reallocated for its implementation and shall be coordinated with competent government institutions. Furthermore, at the end of each National Address broadcast during national emergencies to provide information about the same, information must be added about the types of violence against women received, the number of complaints and the route to follow in case of being a victim. The National Telecommunications Commission (CONATEL) must ensure the inclusion of this space and its publication in each address, in coordination with the State Secretariat of the Office of Women's Affairs (SEMUJER), who is responsible for its design and content.

Women's rights defenders, properly accredited by the State Secretariat of the Office of Women's Affairs (SEMUJER), including those who work in Shelter Houses, Presidential Program Ciudad Mujer and officials of the Municipal Offices for Women, shall be excluded from restrictions on the right to freedom of movement of persons.

This Decree shall enter into force twenty (20) days after its publication in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the eighth day of the month of March of two thousand twenty-three. LUIS ROLANDO REDONDO GUIFARRO PRESIDENT LUZ ANGÉLICA SMITH MEJÍA SECRETARY SILVIA BESSY AYALA FIGUEROA SECRETARY To the Executive Branch Therefore: Execute. Tegucigalpa, M.D.C., March 17, 2023. IRIS XIOMARA CASTRO SARMIENTO PRESIDENT OF THE REPUBLIC THE STATE SECRETARY OF THE OFFICE OF WOMEN'S AFFAIRS (SEMUJER) DORIS YOLANY GARCÍA PAREDES