Panama Violence Against Women Law

Overview

The Panama Violence Against Women Law, officially known as Ley No. 82 de 24 de octubre de 2013, is a landmark piece of legislation designed to guarantee women's right to a life free from violence. Promulgated on October 25, 2013, this law adopts comprehensive measures for the prevention, punishment, and eradication of all forms of violence against women, while also reforming the Penal Code to specifically typify femicide and sanction other acts of violence. Its enactment reflects Panama's commitment to international human rights instruments, particularly the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women (Convention of Belém do Pará).

This law is significant not only for its focus on physical and sexual violence but also for its explicit recognition and definition of "labor and wage violence" (violencia laboral y salarial) and "economic or patrimonial violence" (violencia patrimonial y económica). By including these forms of violence, the law directly addresses systemic issues that can impede women's economic autonomy and perpetuate gender inequality in the workplace. It acknowledges that violence against women is not limited to the domestic sphere but can manifest in various public and private settings, including employment, academic, and community environments. This innovative approach recognizes the multifaceted nature of gender-based discrimination and its impact on women's professional lives and financial independence, making it a crucial instrument for promoting pay equity and fair labor practices.

The law has undergone subsequent refinements, notably with Ley No. 43 de 6 de junio de 2017, which reformed certain articles of Ley 82, and Decreto Ejecutivo No. 100 de 20 de abril de 2017, which regulates the implementation of Ley 82. These amendments and regulations aim to strengthen the legal framework, improve access to justice for victims, and ensure the effective coordination of state institutions in addressing violence against women. The establishment of the Ministry of Women in 2023, elevating the former National Institute for Women (INAMU), further underscores the state's institutional commitment to advancing women's rights and combating gender-based violence, providing a dedicated governmental body to champion these efforts and ensure the law's robust enforcement.

Definitions

Ley No. 82 de 2013 provides a comprehensive set of definitions to clarify the scope and various manifestations of violence against women. Article 3 broadly defines "violence against women" as any action, omission, or discriminatory practice based on belonging to the female sex, in the public or private sphere, that puts women at a disadvantage compared to men, causes death, harm, or physical, sexual, psychological, economic, or patrimonial suffering, as well as threats of such acts, coercion, or arbitrary deprivation of liberty, including those perpetrated by the State or its agents. This expansive definition ensures that a wide range of harmful behaviors are covered, moving beyond traditional notions of violence and encompassing systemic disadvantages.

Crucially for employment law, the law specifically defines "labor and wage violence" (violencia laboral y salarial) as that which is exercised by individuals who have a labor link with the victim, regardless of the hierarchical relationship. This includes sexual harassment, harassment based on belonging to the female sex, exploitation, wage inequality for comparable work, and all types of discrimination based on sex. This definition is pivotal as it directly addresses issues of pay equity and non-discrimination in the workplace, making it a central component of the law's impact on employment. It means that any discrepancy in remuneration for similar roles or work of equal value, if based on gender, can be legally challenged as a form of violence, providing a powerful tool for advocating for fair compensation.

Furthermore, "hostigamiento" (harassment) is defined to encompass acts or omissions, not necessarily sexually motivated, involving an abuse of power that harms the victim's tranquility, self-esteem, health, integrity, freedom, and security, impeding her development and undermining equity. This includes denying equal employment opportunities, not applying the same selection criteria, not respecting permanence or general working conditions, the disqualification of work performed, threats, intimidation, humiliations, exploitation, and all forms of discrimination based on a woman's condition. Other key definitions include "economic or patrimonial violence" (violencia patrimonial y económica), which refers to any action or omission that affects the survival of the victim, such as the deprivation of economic resources necessary for her well-being or that of her family, or the damage, loss, transformation, subtraction, destruction, retention, or distraction of objects, instruments of work, documents, personal property, goods, or economic values. The law also typifies "femicide" (femicidio) as the killing of a woman by a man due to her gender, establishing specific criminal penalties for this grave offense. These definitions collectively provide a robust legal framework for identifying, preventing, and sanctioning various forms of violence, including those with direct economic and employment implications.

Covered Employers

Ley No. 82 de 2013 applies broadly across both the public and private sectors in Panama, encompassing any relationship where violence against women may occur, including labor, academic, and community settings. This wide scope means that all employers, regardless of their size or the nature of their operations, have obligations under the law to prevent and address labor and wage violence. The law's definition of "labor and wage violence" explicitly targets actions by individuals with a labor link to the victim, irrespective of hierarchical position, thereby covering supervisors, colleagues, and even subordinates. There are no specified size thresholds or exemptions for employers, indicating a universal application of the law's principles to ensure a safe and equitable working environment for all women.

While the law does not specify size thresholds for employers, its universal application implies that even small businesses are subject to its provisions. The Ministry of Labor and Labor Development (Ministerio de Trabajo y Desarrollo Laboral) is tasked with creating policies that ensure women's access to jobs, including prohibiting discriminatory practices such as requiring pregnancy tests for employment. This indicates a clear expectation for employers to maintain non-discriminatory hiring and employment practices as part of the broader effort to combat labor violence. Employers are expected to proactively review their internal policies and practices to ensure compliance, fostering a culture of respect and equality that extends to all aspects of employment, from recruitment to termination.

Furthermore, related legislation, such as Law 7 of 2018, which prohibits sexual harassment, mobbing (bullying), racism, and sexism in all environments, including the workplace, mandates that companies and government entities implement advice and orientation programs and disclose information related to prohibited actions. Employers are also required to modify their internal rules or policies to include an effective, confidential claim process for demands and resolution methods, with investigations not exceeding three months. This complementary law reinforces the obligations of employers to create safe and equitable work environments, directly supporting the objectives of Ley 82 in preventing labor violence. These requirements mean that employers must not only refrain from discriminatory practices but also actively establish mechanisms for prevention, reporting, and resolution of incidents of violence and harassment.

Employee Rights

Under Ley No. 82 de 2013, women are guaranteed a fundamental right to a life free from violence, encompassing protection against all forms of violence, including labor and wage violence. This overarching right translates into several specific entitlements for employees who are victims of violence. A critical right is access to free and expedited justice, including free, immediate, and specialized technical-legal assistance in civil and criminal matters through the Public Defense Institute of the Judicial Branch, from the moment the act of violence is reported to the authorities. This ensures that victims are not deterred from seeking justice due to financial constraints or lack of legal knowledge, empowering them to pursue their cases effectively.

Beyond legal aid, the law provides specific labor protections for victims. Women, especially those who are victims of any form of violence covered by the law, have the right to obtain necessary permits from their employers to receive required treatments or to follow up on judicial processes without affecting their labor rights. These permits, when justified, must not affect their remuneration or eliminate or compensate for any other leave to which they are entitled under existing legislation. This provision is crucial for ensuring that victims can seek justice and recover without fear of losing their jobs or income, thereby supporting their economic stability and ability to escape violent situations. This protection extends to ensuring job security and continued income during periods of legal or medical necessity arising from violence.

Furthermore, the inclusion of "wage inequality for comparable work" as a form of labor and wage violence implies an inherent right to equal pay for work of equal value, even if not explicitly mandated as a standalone pay equity law. This provides a legal basis for women to challenge discriminatory pay practices within the framework of violence prevention. The prohibition against harassment (hostigamiento) also grants employees the right to a workplace free from discrimination in employment opportunities, selection criteria, working conditions, and unfair disqualification of work based on their gender. This means employees have the right to fair treatment in all aspects of employment, including hiring, promotion, training, and termination, free from any form of gender-based discrimination or abuse of power.

Pay Transparency Requirements

While Ley No. 82 de 2013 is primarily focused on preventing and sanctioning violence against women, it indirectly touches upon pay equity through its definition of "labor and wage violence." This specific category of violence explicitly includes "desigualdad salarial por trabajo comparable" (wage inequality for comparable work) and "todo tipo de discriminación basada en su sexo" (all types of discrimination based on sex). This means that discriminatory pay practices, where women receive less remuneration than men for work of comparable value, can be considered a form of violence under this law. However, the law does not explicitly mandate proactive pay transparency measures such as job posting requirements for salary ranges or regular pay scale publications. Panama's broader legal framework, as noted by the Women, Business and the Law report, does not yet mandate equal remuneration for work of equal value as a standalone requirement, indicating an area for potential reform.

Despite the absence of explicit pay transparency mandates within Ley 82, the law's emphasis on preventing discrimination in employment, particularly through the Ministry of Labor's role in creating policies for women's access to jobs, contributes to a more equitable labor market. This includes the prohibition of discriminatory practices like requiring pregnancy tests for employment, which can be a barrier to women's economic participation. By addressing these foundational issues of discrimination and unequal treatment in the workplace, Ley 82 lays groundwork that can indirectly support future pay transparency initiatives, as a transparent system would inherently expose and help rectify wage inequalities that constitute labor violence. Employers, while not legally compelled to publish salary data, are implicitly encouraged to maintain fair and justifiable pay structures to avoid falling afoul of the "wage inequality" provision.

Therefore, while employers are not explicitly required by Ley 82 to publish salary ranges or conduct pay equity audits, they are obligated to ensure that their remuneration practices do not constitute "wage inequality for comparable work" or any other form of sex-based discrimination, as these fall under the umbrella of labor and wage violence. The legal framework encourages a workplace culture where fair compensation is a given, and any deviation based on gender could lead to legal action under the provisions of this law. Compliance with the spirit of Ley 82, therefore, necessitates a proactive approach to ensuring equitable pay structures, even without explicit transparency mandates. Employers should consider internal reviews of pay practices to identify and rectify potential gender-based disparities, thereby mitigating risks of legal challenges under the labor and wage violence provisions.

Reporting & Audit Obligations

Ley No. 82 de 2013 establishes a framework for reporting and addressing violence against women, including its labor and wage dimensions. Victims of violence, including labor and wage violence, have the right to receive clear, complete, truthful, and timely information regarding their rights and the mechanisms and procedures established in the law. This implies that there are established channels for reporting incidents. The law mandates that the State is responsible for respecting women's rights and contributing to the elimination of violence, which includes ensuring access to justice and providing comprehensive attention to victims. This state obligation translates into various institutional reporting mechanisms, both judicial and administrative, where victims can file complaints.

While Ley 82 itself does not detail specific employer-led pay equity audit obligations, the inclusion of "wage inequality for comparable work" as a form of labor violence suggests that employers should be vigilant in reviewing their pay practices to avoid such discrimination. The broader legal framework, particularly Law 7 of 2018, which addresses harassment and discrimination in the workplace, requires companies and government entities to implement internal procedures for receiving complaints and imposing disciplinary sanctions. This procedure must be confidential, protect the complainant and witnesses, and the investigation and sanction process should not exceed three months. This serves as a de facto internal reporting and review mechanism for workplace-related violence, including aspects of labor and wage violence, compelling employers to establish clear, accessible, and timely internal complaint resolution systems.

At the institutional level, the National Committee Against Violence in Women (CONVIMU), composed of representatives from various ministries and organizations, is responsible for coordinating and executing programs for continuous training and implementing recommendations from international human rights bodies. This suggests an ongoing monitoring and evaluation role, which would involve collecting data on reported cases of violence, including labor violence, and assessing the effectiveness of prevention and response strategies. The Ministry of Women, as the leading governmental entity, is expected to develop and execute comprehensive public policies to ensure equal opportunities and promote women's participation in all sectors, which would inherently involve monitoring progress in addressing labor and wage disparities and collecting relevant data from various state agencies to inform policy adjustments.

Governance & Enforcement Bodies

The enforcement and governance of Ley No. 82 de 2013 involve a multi-institutional approach, reflecting the comprehensive nature of the law. A central coordinating body is the National Committee Against Violence in Women (CONVIMU), which is integrated by representatives from various key government ministries and institutions. These include the Ministry of Women (formerly the National Institute for Women - INAMU), the Judicial Branch (specifically its Unit for Access to Justice and Gender and the Public Defense Institute), the Public Ministry, the Institute of Legal Medicine and Forensic Sciences, the Ministry of Government, the Ministry of Social Development, the Ministry of Health, the Ministry of Education, the Ministry of Labor and Labor Development, the Ministry of Public Security, the Ombudsman's Office, the University of Panama's Institute for Women, and the Association of Municipalities of Panama, along with civil society women's organizations. This broad representation ensures a holistic and coordinated response to violence against women across different sectors.

Each of these entities plays a distinct role. The Ministry of Women, elevated from INAMU in 2023, is the primary governmental body responsible for developing and executing comprehensive public policies in favor of women, ensuring equal opportunities, and promoting women's participation across all sectors. This includes overseeing the implementation of Ley 82 and coordinating efforts to prevent and address violence. The Judicial Branch, through the Public Defense Institute, is mandated to provide free and specialized legal assistance to women victims of violence, ensuring their access to justice in both civil and criminal proceedings. This includes guiding victims through the legal process, from filing complaints to representation in court, and ensuring their rights are protected at every stage.

The Public Ministry is responsible for investigating and prosecuting crimes of violence against women, including femicide and other offenses outlined in the Penal Code as reformed by Ley 82. The Ministry of Labor and Labor Development has a crucial role in addressing labor and wage violence by creating policies that facilitate women's access to employment and prevent discrimination in the workplace. This involves monitoring labor practices, investigating complaints of workplace discrimination, and ensuring compliance with labor laws that uphold gender equality. CONVIMU's role is to ensure inter-institutional coordination, develop training programs, and implement international recommendations, thereby fostering a cohesive and effective state response to violence against women and ensuring that all state actors are aligned in their efforts.

Monitoring & Evaluation

The monitoring and evaluation of Ley No. 82 de 2013 are integral to ensuring its effectiveness and continuous improvement in protecting women from violence. The National Committee Against Violence in Women (CONVIMU), with its broad representation from various state institutions and civil society organizations, plays a central role in this regard. CONVIMU is tasked with coordinating and/or executing continuous training programs for government and non-government offices, with a special emphasis on justice operators, health personnel, and police authorities. These programs aim to guarantee adequate prevention, protection, and attention to women victims of violence. This ongoing training serves as a mechanism to ensure that all relevant actors are aware of their responsibilities and the procedures for addressing violence, and that their practices are consistent with the law's objectives.

Furthermore, CONVIMU is responsible for implementing recommendations from international human rights bodies concerning women's rights and promoting the removal of sociocultural patterns that perpetuate gender inequality and power imbalances. This implies a commitment to regularly review the law's impact against international standards and adjust strategies as needed. The Ministry of Women, as the leading entity, is expected to develop and execute comprehensive public policies that inherently involve monitoring progress in achieving equal opportunities and reducing violence. This includes collecting and analyzing data on reported cases of violence, the effectiveness of intervention programs, and the overall societal impact of the law, using indicators such as conviction rates, access to support services, and changes in public awareness.

While specific audit frequencies for employers regarding labor and wage violence are not explicitly detailed within Ley 82, the law's framework necessitates a continuous assessment of its implementation. The Judicial Branch's Department of Legal Aid for Crime Victims, for instance, provides free legal assistance and tracks cases, contributing to data on the prevalence and outcomes of violence cases. The state's obligation to assign budgetary allocations for CONVIMU's objectives, including public awareness and prevention policies, further underscores the commitment to ongoing monitoring and evaluation of the law's impact on society. This comprehensive approach ensures that the law remains a living instrument, adaptable to emerging challenges and continuously striving for greater effectiveness in safeguarding women's rights and promoting gender equality.

Enforcement & Penalties

Ley No. 82 de 2013 significantly strengthens the legal framework for enforcing penalties against acts of violence against women, particularly by reforming the Penal Code to typify femicide and other forms of violence. Femicide, defined as the killing of a woman by a man due to her gender, carries severe criminal penalties, with the Public Ministry actively pursuing convictions. Article 132-A of the Penal Code, as amended, establishes penalties of 25 to 30 years imprisonment for femicide. Beyond femicide, the law addresses other criminal acts such as psychological violence (Article 138A, punishable by 5 to 8 years imprisonment), economic violence against women (Article 214A, punishable by 1 to 3 years imprisonment or fines), sexual harassment (Article 178, punishable by 1 to 3 years imprisonment or fines), and domestic violence (Article 200, punishable by 5 to 8 years imprisonment) within the Penal Code, ensuring a robust criminal justice response to various forms of gender-based violence.

For instances of "labor and wage violence" and "hostigamiento" in the workplace, while Ley 82 provides the foundational definitions, complementary legislation outlines specific penalties. Law 7 of 2018, which prohibits sexual harassment, mobbing, racism, and sexism in the workplace, stipulates fines for companies ranging from US$500.00 to US$1,000.00, imposed by the Labor Judicial Authority. These fines are administrative penalties aimed at compelling employers to maintain a safe and non-discriminatory work environment. In cases involving public servants, criminal punishment may apply according to the Criminal Code, reflecting the heightened responsibility of state actors. For private sector workers, justified dismissal is a possible consequence for perpetrators, providing a clear disciplinary measure for severe misconduct.

Victims of labor violence also have avenues for civil remedies. They can pursue lawsuits against employers for damages resulting from the organization's failure to conduct an effective investigation or to remedy the reported conduct. Furthermore, if a worker is affected by such conduct, they may resign with just cause and demand compensation as if they had been unjustly dismissed, providing a significant financial recourse for victims. The law also ensures that victims have access to free legal assistance throughout the judicial process, from initial reporting to sentence enforcement, thereby facilitating their ability to seek redress and hold perpetrators accountable. This comprehensive system of penalties and remedies aims to deter violence, punish offenders, and provide justice and support for victims.

Relationship to Other Laws

Ley No. 82 de 2013 operates within a broader legal ecosystem in Panama, interacting with and complementing several other significant laws. Its most direct relationship is with the Penal Code, which it explicitly reforms to include the typification of femicide and to strengthen sanctions for various forms of violence against women, such as psychological, economic, and sexual violence. This integration ensures that acts of gender-based violence are not only recognized but also carry specific criminal consequences, providing a robust deterrent and a clear path for prosecution. The amendments to the Penal Code, particularly Article 132-A on femicide, demonstrate a legislative commitment to addressing the most extreme forms of gender-based violence with severe penalties.

The law also intersects with the Labor Code, particularly concerning the provisions on "labor and wage violence" and "hostigamiento." While Ley 82 defines these forms of violence, the Labor Code provides the overarching framework for employment relationships, worker rights, and employer obligations. The Ministry of Labor is mandated to create policies that ensure women's access to jobs and prevent discriminatory practices, such as pregnancy testing, which directly impacts the labor rights of women. Furthermore, Law 7 of 2018, which specifically prohibits sexual harassment, mobbing, racism, and sexism in the workplace, complements Ley 82 by detailing employer obligations for internal complaint procedures and outlining administrative penalties for non-compliance. This complementary legislation provides the procedural and enforcement mechanisms for addressing workplace violence and discrimination that Ley 82 broadly defines.

Beyond these, Ley 82 builds upon and reinforces the principles established in Ley No. 4 de 29 de enero de 1999, which institutes equality of opportunities for women. This earlier law provides a foundational commitment to gender equality, which Ley 82 then operationalizes in the context of violence prevention. The law also aligns with Ley No. 38 de 10 de julio de 2001, concerning domestic violence, by expanding the scope of protection and introducing new criminal offenses. This interconnectedness ensures a comprehensive legal approach to protecting women's rights across various spheres of life, creating a layered defense against discrimination and violence and ensuring that no single piece of legislation operates in isolation but rather as part of a cohesive legal strategy.

International Context

Panama's Ley No. 82 de 2013 is deeply rooted in and reflective of international human rights standards and conventions aimed at eradicating violence and discrimination against women. The law explicitly states its interpretation according to the principles contained in the Political Constitution of the Republic, national laws, and international human rights treaties and conventions ratified by Panama. Prominently, it references the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and its Optional Protocol, as well as the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, also known as the Convention of Belém do Pará. These international instruments provide the normative framework and impetus for Panama's legislative action, ensuring that national laws align with global best practices in protecting women's rights.

The Convention of Belém do Pará, in particular, provides a regional framework that obliges State Parties to condemn all forms of violence against women and to adopt, by all appropriate means and without delay, policies to prevent, punish, and eradicate such violence. Ley 82 directly responds to these obligations by typifying various forms of violence, including economic and labor violence, which are recognized as critical areas for intervention in the international discourse on women's rights. The law's comprehensive approach to prevention, protection, and sanction aligns with the holistic strategies advocated by international bodies to address the root causes and consequences of gender-based violence. This includes addressing structural inequalities that contribute to women's vulnerability, such as wage disparities and discriminatory employment practices.

While the user's prompt mentions ILO Conventions C100 (Equal Remuneration) and C111 (Discrimination in Employment and Occupation), Ley 82, as a violence against women law, does not directly implement these conventions through specific pay equity mechanisms like pay gap reporting. However, its inclusion of "wage inequality for comparable work" as a form of labor violence indirectly supports the principles of equal remuneration and non-discrimination in employment enshrined in these ILO conventions. By addressing discriminatory pay as a form of violence, Ley 82 contributes to creating a workplace environment where the principles of equal pay and non-discrimination can be more effectively realized, aligning with global trends towards greater gender equality in the economic sphere. This indirect alignment strengthens Panama's overall commitment to international labor standards, even if specific mechanisms for pay equity reporting are not explicitly detailed within this particular law.

Implementation Timeline

Compliance Checklist

Sources and References