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Law
Against Domestic Violence Signed
On
Thursday, Costa Rican president Oscar Arias,
signed into law the contoversial "Ley de
Penalización de la Violencia contra las Mujeres"
- in short, the new domestic violence law.
What does this law really mean to men.
In short, it gives women the power to press
charges against an abusive husband, a law that
was needed in Costa Rica for the longest time,
since the old laws did little to protect men
against physical and emotional abuses.
However, the law, some say goes a little too
far.
Men, under the new law, have to be very careful
not to offend their spouse or live-in partner,
like staying out for an extra beer, calling her
"ugly" or breaking the flower pot in anger.
The new law goes into effect next week after it
is published in the official government
publication, La Gaceta.
For example, Article 38 of the new law allows
punishment of six months to a year in jail for a
man who unilaterally wastes family earnings for
his exclusive personal benefit in prejudice of
the female spouse or live-in partner.
What this in fact could become is a case where
the man, who without the permission of his wife,
spends a little too much on an extra beer, could
face going to jail.
Some of the other controversial articles of the
new law are:
Article 25: emotional violence is where a man
insults or devalues or ridicules his spouse, in
public or private, is sanctioned by six months
to two years in prison.
Article 36: limiting rights to property is where
a man denies his spouse the right to use the
family car, for example, he can face eight
months to three years in prison.
Emmanuel Abarca, representing "Padres Separados"
(separated parents) assures that the new law
will not be around for long as it will be
challenged in the Constitutional Court as it
violates equal rights, placing the rights of the
woman above that of the man, in a
relationship.
Supporters of the new law, however, argue that
if the man is respectful of his spouse and is
able to control his anger so as not to convert
into domestic violence, then he has nothing to
fear.
The intent of the law is stop domestic violence,
especially the growing number of women who have
been killed by their spouse or live-in partner
in the last several years.
The new law punishes this type of murder with20
to 35 years prison.
The law was approved by 45 legislators last
April 12, following some 12 years of discussion,
hitting the legislative floor for the first time
in 1999.
The Ley de penalización de violencia contra las
mujeres includes 11 new crimes including "femicide",
mistreatement and restriction of liberty. In
addition, the law penalizes men who sexually
abuse their spouse or subject her to sexual
exploitation.
According to president Arias, the law is not
enough to achieve equality of the genders. "We
have to continue to fight because the fair
treatment of a woman should stop being a law of
the State and become a law governed by the heart
of each citizen. It should not be a order of the
government, but of conscience".
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