In such exceptional cases, the law allows for its application to extend protection to individuals who, due to specific conditions—such as advanced age, disability, or extreme dependency—are exposed to similar forms of violence. Thus, while the law is centered on the protection of women, its framework also considers situations where justice and protection must extend to other vulnerable groups within the population.
LEGAL SCOPE OF LAW 348 FOR ALL VULNERABLE INDIVIDUALS
Article 5 of Law 348 explicitly states: “…IV. The provisions of this Law shall apply to any person who, due to their situation of vulnerability, suffers any of the forms of violence sanctioned by this Law, regardless of gender.”
This legal text expands the applicability of Law No. 348 to include individuals in vulnerable conditions. According to the Official Guide—fifth updated edition—on the Comprehensive Law to Guarantee Women a Life Free of Violence, the Bolivian Chamber of Deputies determined during the law’s development that violence should be classified as a criminal offense prosecuted through the penal system, rather than being handled solely within the family law jurisdiction.
As a result, the law’s protections could not be limited exclusively to women. This broader scope was formalized in Article 5, which extends criminal provisions related to violence to all individuals in vulnerable situations.
In support of this interpretation, the Supreme Court of Justice in rulings AS/0308/2023-RRC (March 27, 2023) and AS/1083/2022-RRC (August 30, 2022), established the following:
With regard to the identified legal elements, the following clarification must be made: the victim (or passive subject of the crime) may be any natural person. However, it is necessary to consider what is established in Article 5.IV of Law 348: “The provisions of this law shall apply to any person who, due to their vulnerability, suffers any of the forms of violence sanctioned by this law, regardless of gender.” Therefore, the victim does not necessarily have to be a woman; depending on the circumstances, the victim may also be a man.
In line with this interpretation, legal scholar Mauricio Nava Morales explains: The legal reach of Article 5 of Law 348 extends to all individuals in a vulnerable situation, regardless of gender, meaning that men are also protected. When the Public Prosecutor becomes aware of a criminal report, they must conduct an objective analysis of the circumstances in which the acts occurred, without assuming that the victim must always be a woman.
Additionally, the perpetrator of the offense is defined as a natural person, and does not have to be a man. As per Article 6(6) of Law 348: “Definitions. For the purposes of applying and interpreting this law, the following definitions apply: Aggressor. A person who commits an act or omission that constitutes any form of violence against a woman or another person.”
LAW 348 IN BOLIVIA: INCLUSION OF MEN AS VICTIMS
Our law firm has extensive experience in handling violence-related cases from an inclusive legal perspective. If you require legal assistance, please do not hesitate to contact us for specialized legal guidance.
Contact our legal team today for expert advice on gender-inclusive violence protection under Bolivian law.
Frequently Asked Questions (FAQs)
Does Law 348 only protect women?
No. It also protects men and any individual in a vulnerable situation.
Who qualifies as a vulnerable person under the law?
A person whose physical, social, or economic condition makes them more susceptible to violence.
Can I report economic violence if I am a man?
Yes. If you are in a situation of vulnerability, you can file a complaint based on current legislation.
Can protective measures be requested if the victim is a man?
Yes. Protective measures apply to any vulnerable victim, regardless of sex.
- Asamblea Legislativa Plurinacional. (2013). Guía oficial de la Ley Integral para Garantizar a las Mujeres una Vida Libre de Violencia (5ª ed.).
- Tribunal Supremo de Justicia. (2023). Auto Supremo N.º 0308/2023-RRC.
- Tribunal Supremo de Justicia. (2022). Auto Supremo N.º 1083/2022-RRC.
- Código Penal del Estado Plurinacional de Bolivia.
The content of this article does not reflect the technical opinion of Rigoberto Paredes & Associates and should not be considered a substitute for legal advice. The information presented herein corresponds to the date of publication and may be outdated at the time of reading. Rigoberto Paredes & Associates assumes no responsibility for keeping the information in this article up to date, as legal regulations may change over time.
