Information and statistics on the application of Law 19325 on intra-family violence [CHL25418.E]

Please find attached two 1996 articles that report on cases of domestic violence in Chile and on the treatment these cases receive by the courts, which adds to the information provided in previous Responses to Information Requests on the subject. A representative of the National Service of Women (Servicio Nacional de Mujeres, SERNAM) in Chile stated that statistics of cases handled by the courts according to the law on intra-family violence exist only for a few localities (20 Nov. 1996). Although these statistics were not available by the deadline of this Response, the source stated that there are some regional differences in the application of the law (ibid.). A study of the law, its achievements and shortcomings, is currently being prepared and will be published by SERNAM in January 1997 (ibid.).

In addition to the information provided by SERNAM and other sources in this and previous Responses, a representative of the juridical department of the Social Aid Foundation of Christian Churches (Fundacion de Ayuda Social de las Iglesias Cristianas, FASIC) in Santiago provided the following comments on the law of intra-family violence (19 Nov. 1996).

The law, which came into force in August 1994, is being applied. A case can be denounced (denuncia) to the police forces Carabineros or Investigaciones. From there it can go before a judge of a civil court (juez civil) or, if the case can be qualified as a crime (delito), it is heard before a judge of a criminal court (juez del crimen); there are no "family courts" (ibid.).

The mental health teams that could attend to victims are insufficient; the assistance centres are essentially walk-in clinics (consultorios) in population centres where they deal with various health issues. FASIC had a social and psychological program for intra-family violence, where many cases referred by the courts were given service, but this program was eliminated due to a lack of funding. As protection for the victims of intra-family violence, a judge can decree that the victim or the aggressor leave the home, and order support payments. There are services like the National Service of Women (SERNAM), which sets up centres for disseminating information on women's rights and publishes handbooks, among other things (ibid.).

This Response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References


Fundacion de Ayuda Social de las Iglesias Cristianas (FASIC), Santiago. 19 November 1996. Fax received by the DIRB.

Servicio Nacional de Mujeres (SERNAM), Santiago. 20 November 1996. Telephone interview with national program coordinator.

Attachments


Inter Press Service (IPS). 8 May 1996. Gabriel Canihuante. "Chile-Children: Child Abuse-New Attention to an Old Problem." (NEXIS)

La Nacion [Santiago, in Spanish]. 24 June 1996. Lezak Shallat. "Domestic Violence Hits Deep in Chilean Society." (CHIP News )