The Supreme Court declared the Organic Law on Women's Right to a Life Without Violence approved by the National Assembly on 25 November 2006 constitutional. The Court found that the Law develops the constitutional protection referred to in article 21.2 of the Constitution for the benefit of women, a traditionally vulnerable social group.
The plaintiff, a female Venezuelan citizen married to a female Venezuelan citizen, got married in Argentina, where LGBT marriage rights are fully granted to homosexual couples. In the following years, they tried to validate their marriage in Venezuela through a judicial homologation process.
The defendant was convicted for the crimes of human trafficking and association to commit crimes on May 15, 2014 in the state of Nueva Esparta. In its decision, the lower court said that in cases of rape and trafficking of persons, anyone who has been accused of having a relationship or knowledge of such crime could be deprived of liberty during trial, if it is deemed appropriate by the authorities. In the defendant’s case, he was accused of seducing and luring the female victim into the island of Margarita, where she was subjected, tortured, drugged, and raped.
On April 2, 2009, by Presidential decree, the President of the Bolivarian Republic of Venezuela created the Ministry of Popular Power for Women. The reasons announced by the President for the creation of such Ministry were (i) to reduce discrimination against women, (ii) to promote the welfare and social security of the women in Venezuela, (iii) to eradicate discrimination against women, and (iv) to equal women and men in all aspects of social life.
The objective of this law is to protect the human rights of every Venezuelan woman or woman resident in Venezuela. This law, independent of the race, creed, political, economic or social affinity of the women, seeks to defend the rights of the women in the following aspects: social, family, work and in all areas of daily life. This law intends to dignify women by providing that their fundamental rights are inviolable.
This case was brought against Venezuela under allegations of harassment and physical and verbal assault toward journalists, including some female journalists, by state actors over a period of four years.
An indigenous man was charged with physical violence and threats against his ex-partner (a non-indigenous woman), a violation of the Organic Law on the Right of Women to a Life Free of Violence (the “statute”), which created special courts with exclusive jurisdiction to hear cases under the statute. The special court issued a restraining order in lieu of detention pending trial. Prosecutors appealed. While the appeal was pending, the man violated the restraining order. The court of appeals vacated the restraining order and ordered detention. On a constitutional
In 2001, the female victim was kidnapped, tortured, raped and kept in captivity for four months. All complaints made by her sister to the competent authorities related to her sister’s disappearance were dismissed by the police. In 2007, the competent criminal court issued a partial conviction to the offender. He was convicted for the crimes of kidnapping and captivity.
In the predawn hours of a Sunday morning, police officers came upon a cab parked in a secluded location. A woman (apparently an adolescent) emerged from the car naked and told the officers she was being raped by the driver, who was found with his pants down. Prosecutors charged the driver with attempted sexual violence. After the driver pled guilty and was sentenced to 50 months of imprisonment, the victim appealed the classification of the offense and prosecutors opposed the appeal. Based on evidence in the record, the court of appeals modified the conviction to sex
In 2013, a woman’s ex-partner wounded her with a machete and knife as she was arriving home at midnight. When the victim’s sister intervened, the man punched the sister and ran off. For his attack against his ex-partner, the man was charged with attempted homicide, a violation of both the general penal code and the Organic Law on the Right of Women to a Life Free of Violence (the “statute”). For his attack against the sister, he was charged with physical violence, a violation of the statute. Amended in 2014, the statute created special courts with exclusive jurisdict
