Título I. Disposiciones generales

This Law has as its purpose to prevent, repress, impose sanctions with respect to and eradicate sexual violence, exploitation and trafficking in persons, the care and protection of their victims and to redress the damage and losses caused.

The guiding principles of this Law are:

a.Confidentiality: It protects the privacy and identity of victim persons, providing for the confidentiality of the inherent information collected.

b.Special protection: All victim persons must be provided with individual and differentiated protection in order to guarantee their safety and the restoration of their rights.

c.Non-revictimization: In the proceedings governed by this Law, any action or omission that harms the physical, mental or psychological state of the victim person must be avoided.

d.Best interests of the boy or girl child: In all actions adopted in relation to minor persons, the best interests of the boy or girl child must be the primary consideration, guaranteeing their proper reintegration into society, through the exercise, enjoyment and restitution of the violated rights, recognizing the minor person as a holder of rights and favoring such person in the decisions made for him or her.

e.Non-discrimination: Every victim person shall be considered, at any stage of the procedure, whether criminal or special protection, as a victim, without distinction of sex, age, gender, religion, ethnicity or any other condition.

f.Right to participation: The opinions and wishes of victim persons shall be consulted and taken into consideration to make any decision affecting them. The necessary measures shall be established to facilitate their participation, in accordance with their age and maturity.

g.Respect for cultural identity: The right of victim persons to preserve ties with their culture and religion in all interviews is recognized, when having access to care services or legal procedures.

h.Information: Victim persons must have access to information on their rights, services within their reach, and they must be provided with information on the asylum procedure, the search for their family and the situation in their country of origin.

i.Life project: Victim persons shall be provided with means proportional to their needs in order to sustain their life project, seeking the eradication of the causes of their victimization and the development of their expectations.

j.Expeditiousness: The procedures established by this Law must be carried out with special attention and priority.

k.Presumption of minority: Where the minority of the victim person cannot be established or there exists reasonable doubt about their age or about the veracity of their personal identification or travel documents, minority shall be presumed.

l.Restitution of the exercise of rights: The effective restitution of the exercise of rights that have been threatened or violated and recovery from the physical and emotional aftereffects produced in the victim.

This Law shall be interpreted and applied in harmony with its guiding principles, the general principles of law, other laws and international conventions ratified by the Republic of Guatemala whose nature relates to the objective of this Law.

In all matters not expressly regulated in this Law, criminal and criminal procedural legislation shall apply.