Law of Protection from Abuse and its Executive Regulation

Article 1

  • In this Law, the following terms shall have the meanings assigned thereto, unless the context requires otherwise:

    • − Ministry: Ministry of Social Affairs.

    • − Minister: Minister of Social Affairs.

    • − Law: Law of Protection from Abuse.

    • − Regulations: Implementing Regulations of this Law.

    • − Abuse: Any form of exploitation; physical, psychological, or sexual mistreatment, or the threat thereof committed by an individual against another exceeding the limits of the powers and responsibilities derived from guardianship, dependency, sponsorship, trusteeship, or livelihood relationships. The term "abuse" shall include the omission or negligence of an individual in the performance of his duties or responsibilities in providing basic needs for a family member or an individual for whom he is legally responsible.

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Article 2

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Article 3

  • 1. Anyone who becomes aware of a case of abuse must report it immediately.

  • 2. Without prejudice to the procedures set in other relevant laws, any public servant, civilian or military, as well as any employee in the private sector who becomes aware of a case of abuse, by virtue of his work, must immediately report such case to his employer, who in turn must immediately report it to the Ministry or the police. The Regulations shall specify reporting procedures.

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Article 4

  • 1. The Ministry and the police shall receive reports of abuse cases from victims, government entities; including relevant law enforcement agencies and health authorities, private entities, or witnesses.

  • 2. If the police receives a report of a case of abuse, it shall take necessary procedures falling under its jurisdiction, and shall immediately refer the report to the Ministry.

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Article 5

  • 1. The identity of a person reporting a case of abuse may not be disclosed except with his consent, or in cases provided for in the Implementing Regulations. Ministry employees and those who become aware of cases of abuse, by virtue of their employment, shall maintain the confidentiality of such information.

  • 2. Public servants, civilian or military, as well as private sector employees, who violate any of the provisions relating to reporting cases of abuse stipulated in this Law, shall be subject to disciplinary action in accordance with legally prescribed procedures.

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Article 6

  • An individual reporting a case of abuse shall be exempted from liability if it is established that such case is not a case of abuse, in accordance with the provisions of this Law.

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Article 7

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Article 8

  • Without prejudice to the provisions of Article 7 of this Law, the Ministry shall, if it appears from the report that the case is serious or poses a threat to the life, safety, or health of the victim of abuse; take all necessary measures to deal with such case based on its degree of seriousness, including notifying the governor or the relevant law enforcement agencies to take necessary measures, each within their respective jurisdictions, and coordinate with said authorities to ensure the safety of the victim of abuse including his transfer or the transfer of the aggressor - if necessary- to a proper place until the danger has passed.

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Article 9

  • f the Ministry finds that dealing with a case of abuse requires urgent intervention or access to the place where the incident of abuse has occurred, it may seek the assistance of the competent law enforcement agencies. Said agencies shall immediately respond to the request, according to the nature of each case and its degree of seriousness.

Article 10

  • The Ministry shall take into account - when dealing with any case of abuse - the degree, type, and frequency of violence, provided that any of the means used in treatment do not result in greater harm to the victim, or adversely affect his family or livelihood. In dealing with abuse cases, priority shall be given to preventive and counseling measures, unless the case requires otherwise.

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