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Insidecostarica.com - San José, Costa Rica  -    Saturday 26  May 2007

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Law Against Domestic Violence Signed
"NO" To TLC Campaign Kicks Off Tomorrow
Technical Committee Gives Green Light To Alterra Proposal
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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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