Honduras: Implementation and enforcement of the Law on Domestic Violence since February 1998
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 July 1999 |
| Citation / Document Symbol | HND32263.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Honduras: Implementation and enforcement of the Law on Domestic Violence since February 1998, 1 July 1999, HND32263.E, available at: https://www.refworld.org/docid/3ae6abfb8c.html [accessed 25 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Although various sources report that the Honduran Law on Domestic Violence is in effect, no overview of its effective enforcement could be found among the sources consulted by the Research Directorate.
Central America Report published an assessment of laws regarding domestic violence in Central America (16 Jan. 1999), providing the following information on Honduras:
Because of victims' reluctance to report cases of domestic violence and the lack of personnel working on them, accurate statistics are hard to come by. In Honduras, for instance, the special prosecutor, the National Police and non-governmental organizations have been keeping records in which the statistics range from 4 to 20 cases per day. The Honduran National Autonomous University calculates an average of 2,000 cases per year of women seeking protection. "Although these statistics are alarming, it is important to note that an estimated 50% of women confronted with violence do not report it," Leo Valladares, director of the National Human Rights Commission (CONADEH), explained.
The report refers to the situation in Central America in general stating that "domestic violence is not treated for the most part as a public health problem," and "none of the health clinics in the region registers the problem, and there is no system at those clinics to determine whether injuries are the result of battering" (ibid.).
As well, the report provides the following statements regarding the situation in all Central American countries:
In general, the new laws are applied at the discretion of the judge. Among the options are removal of aggressors from the home, suspension of parental rights, prohibiting the possession of weapons, or ordering therapy for the offender. It is easy to see, however, how difficult enforcement of the laws are. In Guatemala, one of the options for the judge is to order the offender to undergo a specific therapy which often is not available in the country.
The new legislation is a first step in bringing the problem to light. However, the mere existence of laws does not guarantee that authorities charged with enforcing them will change their attitudes about women, the principal victims of domestic violence. Those attitudes are so institutionalized that, in some cases, it is not even acknowledged that the problem exists, or that the problem is a public one. Authorities continue to promote the resolution of problems within the family, and the result is that victims are not encouraged to denounce their attackers.
Another early 1999 report states that the number of domestic violence cases reported in Tegucigalpa doubled the first year that the Law on Domestic Violence came into effect, adding that although this "extensive and very progressive legislation" has "given a new voice to women," it is suspected that at least half of all cases go unreported (La Prensa 22 Mar. 1999). Additional information on the implementation of the law could not be found among the sources consulted and within the constraints of this information request.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate 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. Please see below the list of additional sources consulted in researching this information request.
References
Central America Report [Guatemala City]. 16 January 1999. "Attitudes Remain Rigid on Domestic Violence."
La Prensa [Tegucigalpa]. 22 March 1999. Erling Duus Christensen. "Status of Women Changes Slowly in Honduras." (Central America NewsPak [Austin, Tex.] 15-28 Mar. 1998, Vol. 14, No. 3)
Additional Sources Consulted
Boletin [Santiago, Chile]. 1998.
Central America NewsPak [Austin, Tex.] 1998-1999.
Fempress [Santiago]. 1998-1999.
La Prensa [Honduras]. Internet search engine. 1997-1999.
Latinamerica Press . 1998-1999.
Electronic sources: IRB Databases, Refworld, Global NewsBank, WNC, Internet.
Note:
This list is not exhaustive. Country and subject-specific publications available at the Resource Centre are not included.
