Rape and Domestic Violence: Rape of women is illegal and carries a sentence that ranges from three years in prison to death. The law does not safeguard same-sex couples or victims of marital rape. A separate law on sexual assault includes male victims but has a lesser maximum penalty of five years in prison. Of the reported cases, most allegations of rape were closed through private settlement rather than prosecution. Some persons convicted of rape were executed.

Domestic violence remained a significant problem. Some scholars said victims were encouraged to attempt to resolve domestic violence through mediation. Societal sentiment that domestic violence was a personal, private matter contributed to underreporting and inaction by authorities when women faced violence at home. The law defines domestic violence as a civil, rather than a criminal, offense. The web publication Sixth Tone reported in 2019 that 25 percent of families had experienced domestic violence. In July the city of Yiwu, Zhejiang Province, launched an inquiry service where engaged couples can look up whether their prospective partner has a history of violence, “either between family members or during cohabitation;” however, as of the end of August, there were no requests to use this database.

In September internet celebrity Lhamo was burned to death during a livestream broadcast by her former husband, who attacked her and lit her on fire with gasoline. Police detained the former husband, surnamed Tang, but at year’s end no further information was available on their investigation into the case. Observers said her death showed how domestic violence remained a serious and prevalent issue in the country.

The government supported shelters for victims of domestic violence, and some courts provided protections to victims, including through court protective orders prohibiting a perpetrator of domestic violence from coming near a victim. Nonetheless, official assistance did not always reach victims, and public security forces often ignored domestic violence. Legal aid institutions working to provide counseling and defense to victims of domestic violence were often pressured to suspend public activities and cease all forms of policy advocacy, an area that was reserved only for government-sponsored organizations.

According to women’s rights activists, a recurring problem in the prosecution of domestic violence cases was a failure by authorities to collect evidence, including photographs, hospital records, police records, or children’s testimony. Witnesses seldom testified in court.

Courts’ recognition of domestic violence improved, making spousal abuse a mitigating factor in crimes committed in self-defense.

Sexual Harassment: The law prohibits sexual harassment against women. In May the civil code expanded and clarified what conduct can be considered sexual harassment. The law expands the behaviors included in the definition of harassment, eliminates the statute of limitations of minors seeking to sue on sexual harassment grounds, and requires employers to make affirmative efforts to prevent and address sexual harassment in the workplace. It remained difficult for victims to file a sexual harassment complaint and for judges to reach a ruling on such cases. Many women remained unwilling to report incidents of sexual harassment, believing the justice system was ineffectual, according to official media. Several prominent media reports of sexual harassment went viral on social media, helping to raise awareness of the problem, particularly in the workplace.

In July a plaintiff won the country’s first-ever sexual harassment lawsuit, which began in 2018 when a social worker at a Chengdu-based NGO, One Day for Social Service Center, sued her prominent former boss, Liu Meng, for his unwelcome advances. The court, however, neither awarded damages to the plaintiff nor held the NGO accountable. The Ginkgo Foundation, a well known public charity organization, revoked the “Ginkgo Fellow” award it gave to Liu in 2011 in a show of respect for “the plaintiff’s courage and persistence.”

On April 15, a hospital department director in Sichuan was suspended for “inappropriate behavior” after a nurse claimed the director had sexually harassed her. In April a Shanghai-based employee of the German supermarket Aldi sued her supervisor, a foreign national, for repeated sexual harassment.

Human Rights Watch cited one statistic showing nearly 40 percent of women said they experienced sexual harassment in the workplace. Many incidents of workplace sexual harassment, however, were unreported.

The law allows victims to file a sexual harassment complaint with their employer, authorities, or both. Employers who failed to take effective measures to prevent sexual harassment could be fined.

Some women’s NGOs that sought to increase public awareness of sexual harassment reported harassment by public security and faced challenges executing their programs.

Reproductive Rights: In 2016 the government partially liberalized the one-child policy enacted in 1979 and raised the birth limit imposed on the vast majority of its citizens from one to two children per married couple. Prior to this change, only select ethnic minorities and certain qualifying couples could exceed the one-child limit. Outside of Xinjiang, citizens have a varied amount of autonomy with their reproductive health and access to contraception. Birth control information and measures were readily available.

Government targeting of ethnic and religious minorities in the Xinjiang Uyghur Autonomous Region resulted in plummeting birth rates since 2018, following reports of intensified government-enforced, coercive family-planning measures. Most Xinjiang prefectures reported large increases in female sterilizations and implantation of intrauterine devices (IUD), with Hotan Prefecture alone more than doubling its female sterilization numbers from 2017 to 2018, according to the most recent figures available. These numbers existed against a backdrop of widespread reports of coercive population control measures–including forced abortions, forced sterilizations, involuntary IUD insertions, and pregnancy checks–occurring at detention centers in the region and targeting minority groups, primarily Uyghurs and ethnic Kazaks. Parents judged to have exceeded the government limit on the number of children (three or more) risk being sent to detention centers unless they pay exorbitant fines.

Penalties for exceeding the permitted number of children were not enforced uniformly; the mildest penalties ranged from fees or administrative penalties, while the most severe were forced abortions, contraceptives, and sterilizations. The law as implemented requires each woman with an unauthorized pregnancy to abort or pay a “social compensation fee,” which can reach 10 times a person’s annual disposable income. Children born to single mothers or unmarried couples were considered “outside of the policy” and under the law could be subject to the social compensation fee and the denial of legal documents, such as birth documents and the hukou residence permit. In practice, however, local governments rarely enforced these regulations.

There was no government information available on sexual or reproductive health services for survivors of sexual violence.

Coercion in Population Control: Under the two-child policy, the government imposes childbirth restrictions and often coerced women and girls into abortions and sterilizations for exceeding birth quotas. Statistics on the percentage of abortions that were coerced during the year were not released by the government. The CCP restricts the rights of parents to choose the number of children they have and utilizes family planning units from the provincial to the village level to enforce population limits and distributions. The Population and Family Planning Law permits married couples to have two children and allows couples to apply for permission to have a third child if they meet conditions stipulated in local and provincial regulations. Unmarried women are not authorized to have children and have enormous social maintenance fees imposed on them if they give birth.

According to a June 8 report on the governmental Xinjiang Web news site, approximately eight million “extra pregnancies” are aborted in the country every year, although the site did not indicate whether these abortions were voluntary or not. Citizens were subject to hefty fines for violating the law, while couples who had only one child received a certificate entitling them to collect a monthly incentive payment and other benefits that varied by province–from approximately six to 12 renminbi (one to two dollars) per month up to 3,000 renminbi ($450) for farmers and herders in poor areas. Couples in some provinces were required to seek approval and register before a child was conceived. The National Health Commission rejected calls to eliminate legal references to family planning, citing the country’s constitutional provision that “the state promotes family planning so that population growth may fit the plans for economic and social development.”

Starting in 2016, the PRC began relaxing birth control measures for the Han majority. Sterilization procedures plummeted nationwide as the Chinese government began encouraging more births among the Han. At the same time, however, birth control policies directed toward Uyghurs became more stringent. Ethnic and religious minority women were often subject to coercive population control measures. According to a Jamestown Foundation report and other sources that analyzed Chinese government statistics, natural population growth in Uyghur areas had fallen dramatically, with some areas reporting a greater than 80 percent drop in birth rates. Birth rate reduction targets were common in Xinjiang; one area reportedly set a birth rate target of near zero, intending to accomplish this through “family planning work.” Violations could be punished by detention in an internment camp. The government also funded sterilization campaigns targeting Uyghur women; these were reportedly enforced by quarterly “IUD checks” and bimonthly pregnancy tests. There were indications that Uyghur women who had been put in internment camps were injected with drugs that cause a temporary or permanent end to their menstrual cycles and fertility.

Under the law and in practice, there are financial and administrative penalties for births that exceed birth limits or otherwise violate regulations. The law as implemented requires each woman with an unauthorized pregnancy to abort or pay the social compensation fee, which can reach 10 times a person’s annual disposable income. The exact amount of the fee varied widely from province to province. Those with financial means often paid the fee so that their children born in violation of the birth restrictions would have access to a wide array of government-provided social services and rights. Some parents avoided the fee by hiding children born in violation of the law with friends or relatives. Minorities in some provinces were entitled to higher limits on their family size.

The law maintains “citizens have an obligation to practice birth planning in accordance with the law” and also states “couples of child-bearing age shall voluntarily choose birth planning contraceptive and birth control measures to prevent and reduce unwanted pregnancies.”

Since the national family planning law mentions only the rights of married couples, local implementation was inconsistent, and unmarried persons were required to pay for contraception. Although under both civil law and marriage law, the children of single women are entitled to the same rights as those born to married parents, in practice children born to single mothers or unmarried couples were considered “outside of the policy” and subject to the social compensation fee and the denial of legal documents, such as birth documents and the hukou residence permit. Single women could avoid those penalties by marrying within 60 days of the baby’s birth.

As in prior years, population control policy continued to rely on social pressure, education, propaganda, and economic penalties, as well as on measures such as mandatory pregnancy examinations and, less frequently, coerced abortions and sterilizations. Officials at all levels could receive rewards or penalties based on whether or not they met the population targets set by their administrative region. With the higher birth limit, and since many persons wanted to have no more than two children, it was easier to achieve population targets, and the pressure on local officials was considerably less than before. Those found to have a pregnancy in violation of the law or those who helped another to evade state controls could face punitive measures, such as onerous fines or job loss.

Regulations requiring women who violate the family planning policy to terminate their pregnancies still exist and were enforced in some provinces, such as Hubei, Hunan, and Liaoning. Other provinces such as Guizhou and Yunnan maintained provisions that require “remedial measures,” an official euphemism for abortion, to deal with pregnancies that violate the policy.

Although many local governments encouraged couples to have a second child, families with three or more children still must pay a “social compensation fee.” In previous years those who did not pay the fee were added to a “personal credit blacklist,” restricting their ability to request loans, take public transportation, purchase items, educate their children, and join tours. The compensation fees were estimated to be 15 to 30 percent of some local governments’ discretionary spending budgets.

The law mandates family planning bureaus administer pregnancy tests to married women of childbearing age and provide them with basic knowledge of family planning and prenatal services. Some provinces fined women who did not undergo periodic state-mandated pregnancy tests.

Family planning officials face criminal charges and administrative sanctions if they are found to violate citizens’ human or property rights, abuse their power, accept bribes, misappropriate or embezzle family planning funds, or falsely report family planning statistics in the enforcement of birth limitation policy. Forced abortion is not specifically listed as a prohibited activity. By law citizens could submit formal complaints about officials who exceed their authority in implementing birth-planning policy, and complaints are to be investigated and dealt with in a timely manner.

Discrimination: The constitution states “women enjoy equal rights with men in all spheres of life.” The law provides for equality in ownership of property, inheritance rights, access to education, and equal pay for equal work. Nonetheless, women reported discrimination, unfair dismissal, demotion, and wage discrepancies were significant problems.

On average women earned 35 percent less than men who did similar work. This wage gap was greater in rural areas. Women were underrepresented in leadership positions, despite their high rate of participation in the labor force.

Authorities often did not enforce laws protecting the rights of women. According to legal experts, it was difficult to litigate sex discrimination suits because of vague legal definitions. Some observers noted the agencies tasked with protecting women’s rights tended to focus on maternity-related benefits and wrongful termination due to pregnancy or maternity leave rather than on sex discrimination, violence against women, or sexual harassment.

Women’s rights advocates indicated that in rural areas women often forfeited land and property rights to their husbands in divorce proceedings. The May 28 civil code included a provision for a 30-day “cooling off” period in cases of uncontested divorce; some citizens expressed concern this could leave those seeking escape from domestic violence liable to further abuse. Rural contract law and laws protecting women’s rights stipulate women enjoy equal rights in cases of land management, but experts asserted this was rarely the case due to the complexity of the law and difficulties in its implementation.

Birth Registration: Citizenship is derived from parents. Parents must register their children in compliance with the national household registration system within one month of birth. Children born outside of two-child policy quotas often cannot be registered. Unregistered children could not access public services, including education, health care, identity registration, or pension benefits.

Education: Although the law provides for nine years of compulsory education for children, many children in poor rural areas did not attend school for the required period, and some never attended. Public schools were not allowed to charge tuition, but many schools continued to charge miscellaneous fees because they received insufficient local and central government funding. Such fees and other school-related expenses made it difficult for poorer families and some migrant workers to send their children to school. The gap in education quality for rural and urban youth remained extensive, with many children of migrant workers attending unlicensed and poorly equipped schools.

Child Abuse: The physical abuse of children is grounds for criminal prosecution, and the law protects children. Sexual abuse of minors, particularly of rural children, was a significant problem.

Child, Early, and Forced Marriage: The legal minimum age for marriage is 22 for men and 20 for women. Child marriage was not known to be a problem.

Sexual Exploitation of Children: The minimum legal age for consensual sex is 14. Persons who forced girls younger than 14 into prostitution could be sentenced to 10 years to life in prison in addition to a fine or confiscation of property. In especially serious cases, violators could receive a life sentence or death sentence, in addition to having their property confiscated. Those who visited girls forced into prostitution younger than 14 were subject to five years or more in prison in addition to paying a fine.

Pornography of any kind, including child pornography, is illegal. Under the criminal code, those producing, reproducing, publishing, selling, or disseminating obscene materials with the purpose of making a profit could be sentenced to up to three years in prison or put under criminal detention or surveillance in addition to paying a fine. Offenders in serious cases could receive prison sentences of three to 10 years in addition to paying a fine.

According to the law, persons broadcasting or showing obscene materials to minors younger than 18 are to be “severely punished.”

Infanticide or Infanticide of Children with Disabilities: The law forbids infanticide, although NGOs reported that female infanticide due to a traditional preference for sons and coercive birth limitation policies continued. Parents of children with disabilities frequently left infants at hospitals, primarily because of the anticipated cost of medical care. Gender-biased abortions and the abandonment and neglect of baby girls were believed to be in decline but continued to be a problem in some circumstances.

Displaced Children: The detention of an estimated one million or more Uyghurs, ethnic Kazakhs, Kyrgyz, and other Muslims in Xinjiang left many children without caregivers. While many of these children had other relatives willing to care for them, the government began placing the children of detainees in orphanages, state-run boarding schools, or “child welfare guidance centers,” where they were forcibly indoctrinated with Communist Party ideology and forced to learn Mandarin Chinese, reject their religious and cultural beliefs, and answer questions about their parents’ religious beliefs and practices. The number of such children was unknown, especially as many of these facilities were also used for orphans and regular students, but one media outlet reported that, based on a 2017 government planning document, at least 500,000 children were separated from their parents and put into these “care” centers. Government policy aims to provide such children with state-sponsored care until they reach age 18. In Hotan some boarding schools were topped with barbed wire.

Institutionalized Children: See “Displaced Children” section above.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

The government does not recognize Judaism as an ethnicity or religion. The World Jewish Congress estimated the Jewish population at 2,500. There were no reports of anti-Semitic acts during the year.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law protects the rights of persons with disabilities and prohibits discrimination, but in many instances conditions for such persons lagged behind legal requirements, and the government failed to provide persons with disabilities access to programs intended to assist them.

According to the law, persons with disabilities “are entitled to enjoyment of equal rights as other citizens in political, economic, cultural, and social fields, in family life, and in other aspects.” Discrimination against, insult of, and infringement upon persons with disabilities is prohibited. The law prohibits discrimination against minors with disabilities and codifies a variety of judicial protections for juveniles.

The Ministry of Education reported there were more than 2,000 separate education schools for children with disabilities, but NGOs reported only 2 percent of the 20 million children with disabilities had access to education that met their needs.

Individuals with disabilities faced difficulties accessing higher education. Universities often excluded candidates with disabilities who would otherwise be qualified. A regulation mandates accommodations for students with disabilities when taking the national university entrance exam.

Unemployment among adults with disabilities, in part due to discrimination, remained a serious problem. The law requires local governments to offer incentives to enterprises that hire persons with disabilities. Regulations in some parts of the country also require employers to pay into a national fund for persons with disabilities when employees with disabilities do not make up a statutory minimum percentage of the total workforce.

Standards adopted for making roads and buildings accessible to persons with disabilities are subject to the Law on the Handicapped, which calls for their “gradual” implementation; compliance was limited.

The law forbids the marriage of persons with certain mental disabilities, such as schizophrenia. If doctors find a couple is at risk of transmitting congenital disabilities to their children, the couple may marry only if they agree to use birth control or undergo sterilization. In some instances officials continued to require couples to abort pregnancies when doctors discovered possible disabilities during prenatal examinations. The law stipulates local governments are to employ such practices to eliminate the births of children with disabilities.

Government policy called for members of recognized minority groups to receive preferential treatment in birth planning, university admission, access to loans, and employment. The substance and implementation of ethnic minority policies nonetheless remained poor, and discrimination against minorities remained widespread. The government “sinicization” campaign resulted in ethnically based restrictions on movement, including curtailed ability to travel freely or obtain travel documents; greater surveillance and presence of armed police in ethnic minority communities; and legislative restrictions on cultural and religious practices.

Despite laws that local languages should be used in schools, government authorities in Inner Mongolia announced on August 26 changes to school instruction that require instructors to use Mandarin to teach Chinese language, history, and politics, replacing the Mongolian language and traditional Mongolian script, which reportedly is used only in Inner Mongolia and is viewed as a key part of Mongolian culture. The PRC implemented similar policies in Xinjiang and Tibet as a means to encourage a “national common language,” but which observers viewed as a means to erode unique languages and cultures. The announcement was followed by protests in several cities in Inner Mongolia, as well as parents pulling their children out of schools. International media sources estimated 8,000-10,000 persons were detained because of the protests.

According to the most recent government census (2015), 9.5 million, or 40 percent, of Xinjiang’s official residents were Han Chinese. Uyghur, Hui, ethnic Kazakh, Kyrgyz, and other ethnic minorities constituted 14.1 million Xinjiang residents, or 60 percent of the total population. Official statistics understated the Han Chinese population because they did not count the more than 2.7 million Han residents on paramilitary compounds (bingtuan) and those who were long-term “temporary workers,” an increase of 1.2 percent over the previous year, according to a 2015 government of Xinjiang report.

The government’s policy to encourage Han Chinese migration into minority areas significantly increased the population of Han in Xinjiang. Han Chinese officials continued to hold the majority of the most powerful CCP and many government positions in minority autonomous regions, particularly Xinjiang. The rapid influx of Han Chinese into Xinjiang in recent decades, combined with the government’s discrimination in employment, cultural marginalization, and religious repression, provoked Uyghur resentment.

In 2017 the Xinjiang government implemented “Deradicalization Regulations,” codifying efforts to “contain and eradicate extremism.” The government used this broad definition of extremism to detain, since 2017, more than one million Uyghurs, ethnic Kazakhs, Kyrgyz, and other Muslims in “transformation through education” centers, or detention centers, designed to instill patriotism and erase their religious and ethnic identities. This included many of those ordered to return to China from studying or working abroad. International media reported security officials in the centers abused, tortured, and killed some detainees (see sections 1.a., 1.b., 1.c., 1.d., and 2.d.).

Outside the internment camps, the government implemented severe restrictions on expressions of minorities’ culture, language, and religious identity, including regulations prohibiting behaviors the government considered signs of “extremism” such as growing “abnormal” beards, wearing veils in public places, and suddenly stopping smoking and drinking alcohol, among other behaviors. The regulations banned the use of some Islamic names when naming children and set punishments for teaching religion to children. Authorities conducted “household surveys” and “home stays” in which officials or volunteers forcibly lived in Uyghurs’ homes and monitored families for signs of “extremism.” There were media reports that male officials would sleep in the same bed as the wives of men who were detained in internment camps, as part of the “Pair Up and Become Family” program, and also bring alcohol and pork for consumption during the home stay. Authorities also used a vast array of surveillance technology designed to specifically target and track Uyghurs.

Xinjiang government “de-extremification” regulations state that county-level governments “may establish occupational skills education and training centers and other such education and transformation bodies and management departments to conduct education and transformation for persons influenced by extremism.” Some observers noted that despite this regional law, the “re-education centers” were illegal under the constitution.

Minority groups in border and other regions had less access to education than their Han Chinese counterparts, faced job discrimination in favor of Han Chinese migrants, and earned incomes well below those in other parts of the country. Government development programs and job provisions disrupted traditional living patterns of minority groups and in some cases included the forced relocation of persons and the forced settlement of nomads. Han Chinese benefited disproportionately from government programs and economic growth in minority areas. As part of its emphasis on building a “harmonious society” and maintaining social stability, the government downplayed racism and institutional discrimination against minorities and cracked down on peaceful expressions of ethnic culture and religion. These policies remained a source of deep resentment in Xinjiang, the Inner Mongolia Autonomous Region, the TAR, and other Tibetan areas.

The law states “schools (classes and grades) and other institutions of education where most of the students come from minority nationalities shall, whenever possible, use textbooks in their own languages and use their languages as the medium of instruction.” Despite provisions to ensure cultural and linguistic rights, measures requiring full instruction in Mandarin beginning in preschool and banning the use of Uyghur in all educational activities and management were implemented throughout Xinjiang, according to international media.

Many of the security raids, arbitrary detentions, and judicial punishments appeared to target groups or individuals peacefully seeking to express their political or religious views. Detention and punishment extended to expression on the internet and social media, including the browsing, downloading, and transmitting of banned content. Officials continued to use the threat of violence as justification for extreme security measures directed at the local population, journalists, and visiting foreigners. According to Xinhua, officials used surveillance and facial recognition software, biodata collection, and big data technology to create a database of Uyghurs in Xinjiang for the purpose of conducting “social-instability forecasting, prevention, and containment.” Security forces frequently staged large-scale parades involving thousands of armed police in cities across Xinjiang, according to state media.

Uyghurs and members of other religious and ethnic minority groups continued to be sentenced to long prison terms and were in some cases executed without due process on spurious charges of separatism and endangering state security.

The law criminalizes discussion of “separatism” on the internet and prohibits use of the internet in any way that undermines national unity. It further bans inciting ethnic separatism or “harming social stability” and requires internet service providers and network operators to set up monitoring systems to detect, report, and delete religious content or to strengthen existing systems and report violations of the law. Authorities searched cell phones at checkpoints and during random inspections of Uyghur households, and persons in possession of alleged terrorist material, including pictures of general religious or cultural importance, could be arrested and charged with crimes. International media reported security officials at police checkpoints used a surveillance application to download and view content on mobile phones.

Ethnic Kazakhs were also targeted. In June outside the Chinese embassy in Kazakhstan’s capital Nur-Sultan, ethnic Kazakh and former Xinjiang resident Akikat Kalliola (alternate spelling Aqiqat Qaliolla) protested the forced detention, “re-education,” and blocked international communications for his Xinjiang-based immediate family members, namely his parents and two brothers. Authorities seized the Xinjiang-based family members’ passports, preventing them from traveling to Kazakhstan to see Kalliola. In December, Kalliola reported his father had died in prison, but by the end of the year, authorities had yet to issue a death certificate or allow access to the body. Kazakhs were also prevented from moving freely between China and neighboring Kazakhstan, and some were detained in internment camps upon their return to China.

The government pressured foreign countries to repatriate or deny visas to Uyghurs who had left China, and repatriated Uyghurs faced the risk of imprisonment and mistreatment upon return. Some Uyghurs who were forcibly repatriated disappeared after arriving in China. Family members of Uyghurs studying overseas were also pressured to convince students to return to China, and returning students were detained or forced to attend “re-education camps,” according to overseas media. Overseas ethnic Uyghurs, whether they were citizens of the PRC or their countries of residence, were sometimes pressured to provide information about the Uyghur diaspora community to agents of the PRC government.

Freedom of assembly was severely limited in Xinjiang. For information about abuse of religious freedom in Xinjiang, see the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

For specific information on Tibet, see the Tibet Annex.

No laws criminalize private consensual same-sex conduct between adults. Individuals and organizations working on lesbian, gay, bisexual, transgender, and intersex (LGBTI) issues continued to report discrimination and harassment from authorities similar to that experienced by other organizations that accept funding from overseas.

LGBTI individuals reported incidents of violence, including domestic violence; however, they encountered difficulties in seeking legal redress, since regulations on domestic violence do not include recognition of same-sex relations. Accessing redress was further limited by societal discrimination and traditional norms, resulting in most LGBTI persons refraining from publicly discussing their sexual orientation or gender identity. Nonetheless, the May 28 civil code includes a provision that protects certain tenancy rights for designated partners of deceased property owners without officially defined family relationships.

NGOs working on LGBTI issues reported that although public advocacy work became more difficult for them due to laws governing charities and foreign NGOs, they made some progress in advocating for LGBTI rights through specific antidiscrimination cases.

Discrimination against persons with HIV remained a problem, impacting individuals’ employment, education, and housing opportunities and impeding access to health care. In some instances laws protecting persons with HIV from discrimination contradict laws restricting the rights of persons with HIV. During the year state media outlets reported instances of persons with HIV or AIDS who were barred from housing, education, or employment due to their HIV status. According to the National Health Commission, as of the end of 2019, an estimated 950,000 persons in the country had HIV or AIDS.

According to the law, companies may not demand HIV antibody tests nor dismiss employees for having HIV. Nonetheless, regulations also stipulate that HIV-positive individuals shall not engage in work that is prohibited by laws, administrative regulations, and the Department of Health under the State Council.

In October 2019 a 32-year-old temporary worker named Liu, who had worked for Mao Tai Liquor Company in Guizhou for two years, was fired after he tested positive for HIV. The Mao Tai staff hospital did not inform him of his HIV test result during his routine medical exam.

Early in the year, a retired worker named Wang Ming in Xi’an was “persuaded” by the president of a local public hospital to return home, citing his coughing as a chronic disease. Wang Ming stated his belief the public hospital declined him service after finding out he was HIV positive, infected earlier during a dental operation at a private clinic.

In March an 11-year-old girl named Shasha whose HIV was transmitted via her mother was forced to drop out of school due to extensive discrimination at Chiduanwan Elementary School in Hunan.

In an effort to justify the detention of ethnic minorities in Xinjiang and elsewhere, official state media outlets published numerous articles describing members of minority ethnic or religious groups as violent and inferior. Such propaganda emphasized the connection between religious beliefs, in particular belief in Islam, and acts of violence. Moreover, many articles described religious adherents as culturally backward and less educated, and thus in need of government rectification.

Rape and Domestic Violence: The law criminalizes rape against women, including spousal rape. The Hong Kong Federation of Women Centers stated that in the first quarter of the year, the number of survivors seeking support was more than double the number who sought help in the first quarter of 2019, most likely due to the COVID-19 pandemic and related lockdown measures lowering the visibility of potential victims and increasing their stress. Activists expressed concern that rape was underreported, especially within ethnic minority communities.

The law does not directly criminalize domestic violence, but the government regarded domestic violence against women as a serious concern. Abusers may be liable for criminal charges under offenses against the person, sexual assault, and child mistreatment laws, depending on which act constituted the domestic violence. The government effectively prosecuted violators under existing criminal violations.

The law allows survivors to seek a three-month injunction, extendable to six months, against an abuser. The ordinance covers abuse between spouses, heterosexual and homosexual cohabitants, former spouses or cohabitants, and immediate and extended family members. It protects victims younger than 18, allowing them to apply for an injunction in their own right, with the assistance of an adult guardian, against abuse by parents, siblings, and specified immediate and extended family members. The law also empowers courts to require that an abuser attend an antiviolence program. In cases in which the abuser caused bodily harm, the court may attach an arrest warrant to an existing injunction and extend the validity of both injunctions and arrest warrants to two years.

The government maintained programs that provided intervention, counseling, and assistance to domestic violence victims and abusers.

Sexual Harassment: The law prohibits sexual harassment or discrimination based on sex, marital status, and pregnancy. The law applies to both men and women, and police generally enforced the law effectively. There were multiple reports, however, of sexual harassment in housing, the workplace, and in universities.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of children; to manage their reproductive health; and to have access to the information and means to do so, free from discrimination, coercion, or violence.

There are no legal, cultural, or social barriers, or government policies that limit access to contraception or skilled health care during pregnancy and childbirth. The government provides access to sexual and reproductive health services for survivors of sexual violence.

The Department of Health and government-supported organizations offer full support services for family planning needs.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: Women enjoy the same legal status and rights as men. The SAR’s sexual discrimination ordinance prohibits discrimination based on sex or pregnancy status, and the law authorizes the Equal Opportunities Commission to work towards the elimination of discrimination and harassment as well as to promote equal opportunity for men and women. Although the government generally enforced these laws, women reportedly faced some discrimination in employment, salary, welfare, inheritance, and promotion.

Birth Registration: All Chinese nationals born in the SAR, on the mainland, or abroad to parents, of whom at least one is a Chinese national and Hong Kong permanent resident, acquire both Chinese citizenship and Hong Kong permanent residence. Children born in the SAR to non-Chinese parents, at least one of whom is a Hong Kong permanent resident, acquire SAR permanent residence and qualify to apply for naturalization as Chinese citizens. Authorities routinely registered all such statuses.

Child Abuse: The law mandates protection for victims of child abuse (battery, assault, neglect, abandonment, and sexual exploitation), and the SAR government enforced the law. The law allows for the prosecution of certain sexual offenses, including against minors, committed outside the territory of the SAR.

The government provided parent education programs through its maternal and child-health centers, public education programs, clinical psychologists, and social workers. Police maintained a child abuse investigation unit and, in collaboration with the Social Welfare Department, operated a child witness support program.

Child, Early, and Forced Marriage: The legal minimum age of marriage is 16 for both girls and boys; however, parents’ written consent is required for marriage before age 21.

Sexual Exploitation of Children: The age of consent is effectively 16. Under the law a person having “unlawful sexual intercourse” with a person younger than 16 is subject to five years’ imprisonment, while unlawful sexual intercourse with a victim younger than 13 carries a sentence of life imprisonment. The law prohibits the commercial sexual exploitation of children and procuring children for prostitution. The law makes it an offense to possess, produce, copy, import, or export pornography involving a child or to publish or cause to be published any advertisement that conveys, or is likely to be understood as conveying, the message that a person has published, publishes, or intends to publish any child pornography. Authorities enforced the law. The penalty for creation, publication, or advertisement of child pornography is eight years’ imprisonment, while possession carries a penalty of five years’ imprisonment.

International Child Abductions: The SAR is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

The Jewish community numbered approximately 2,500 persons. There were no reports of anti-Semitic acts.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities, and the government generally enforced these provisions. The government took action to investigate and punish those responsible for violence or abuses against persons with disabilities. The government generally implemented laws and programs to provide persons with disabilities access to education, employment, the judicial system, and health services. The law on disabilities states that children with separate educational needs must have equal opportunity in accessing education. Some human rights groups reported the SAR’s disability law was too limited and that its implementation did not promote equal opportunities. The Social Welfare Department provided training and vocational rehabilitation services to assist persons with disabilities, offered subsidized resident-care services for persons deemed unable to live independently, offered preschool services to children with disabilities, and provided community support services for persons with mental disabilities, their families, and other local residents.

The government generally implemented laws and programs to provide persons with disabilities access to information, communications, and buildings, although there were reports of some restrictions. The law calls for improved building access and provides for sanctions against those who discriminate.

Although ethnic Chinese account for most of the population, the SAR is a multiethnic society, with persons from a number of ethnic groups recognized as permanent residents with full rights under the law. The law prohibits discrimination, and the Equal Opportunities Commission oversees implementation and enforcement of the law. The commission maintained a hotline for inquiries and complaints concerning racial discrimination. Although the SAR government took steps to reduce discrimination, there were frequent reports of discrimination against ethnic minorities; the law does not clearly cover racial discrimination occurring during law enforcement activity.

Advocates stated there were indications of racism in COVID-19 testing and quarantine measures. Returning South and Southeast Asian SAR minority residents complained of poor quarantine facilities, wait times, and diet, and accused the SAR of discrimination.

Persons born in mainland China also experienced frequent discrimination. Nonpermanent residents did not receive SAR cash subsidies to help with the COVID-19-related economic downturn until eight months after the pandemic began in the SAR.

No laws criminalize consensual same-sex sexual conduct between adults. While the SAR has laws that ban discrimination on the grounds of race, sex, disability, and family status, no law prohibits companies or individuals from discriminating on grounds of sexual orientation or gender identity. There are also no laws that specifically aid in the prosecution of bias-motivated crimes against members of the lesbian, gay, bisexual, transgender, or intersex community. In March the high court ruled in favor of a gay man who sued the government for disqualifying his and his same-sex partner’s public housing application.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions without previous authorization or excessive requirements and to conduct legal strikes, but it does not protect the right to collective bargaining or obligate employers to bargain. Trade unions claimed the lack of collective bargaining rights and divisions in the labor movement weakened workers’ leverage in negotiations. The law explicitly prohibits civil servants from bargaining collectively.

The law prohibits firing an employee for striking and voids any section of an employment contract that punishes a worker for striking. The commissioner of police has broad authority to control and direct public gatherings, including strikes, in the interest of national security or public safety.

By law an employer may not fire, penalize, or discriminate against an employee who exercises his or her union rights and may not prevent or deter the employee from exercising such rights. Penalties for violations of laws protecting union and related worker rights include fines as well as legal damages paid to workers. Penalties were commensurate with those under other laws involving the denial of civil rights. The law was not effectively enforced due to the increasingly politicized environment. Dismissed employees had difficulty proving antiunion discrimination. In January more than 3,000 members of a health-care trade union held a strike to pressure the SAR to close the border with mainland China to prevent further spread of COVID-19. After the strike concluded, the SAR sent letters to medical workers demanding that they account for absences during the strike period to determine whether the salaries earned were commensurate to the work provided. The union stated that those letters constituted veiled threats not only to identify the members who participated but also to financially penalize them.

On November 2, SAR police denied the petition submitted by the Cathay Pacific airline union to protest the airline’s firing of thousands of workers and then offering the remaining workers unfair contracts. The denial cited COVID-19 health precautions and noted that the 2019 protests disrupted the airport’s operations. Labor unions and prodemocratic lawmakers stated that proposed protest site was located away from the airport and the denial was a clear indication that COVID-19 precautions were used to silence opposition opinions further.

b. Prohibition of Forced or Compulsory Labor

The law does not prohibit all forms of forced or compulsory labor, nor do laws specifically criminalize forced labor. Instead, the SAR uses its Employment and Theft Ordinances to prosecute labor violations and related offenses. Because labor violations are typically civil offenses with monetary fines, penalties for these offenses were not commensurate with those for analogous serious crimes, such as kidnapping, which violate the crimes ordinance and carry prison terms.

NGOs expressed concerns that some migrant workers, especially domestic workers in private homes, faced high levels of indebtedness assumed as part of the recruitment process, creating a risk they could fall victim to debt bondage. Domestic workers in Hong Kong were mostly women and mainly came from the Philippines, Indonesia, and other Southeast Asian countries. The SAR allows for the collection of maximum placement fees of 10 percent of the first month’s wages, but some recruitment firms required large up-front fees in the country of origin that workers struggled to repay. Some locally licensed employment agencies were suspected of colluding with agencies overseas to profit from debt schemes, and some local agencies illegally confiscated the passports and employment contracts of domestic workers and withheld them until they repaid the debt. In August officials concluded a year-long investigation, arresting and jailing three SAR residents for participating in a predatory loan syndicate involving local Philippine employment agencies.

SAR authorities stated they encouraged aggrieved workers to file complaints and make use of government conciliation services and that they actively pursued reports of any labor violations.

See also the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. Regulations prohibit employment of children younger than 15 in any industrial establishment. Children younger than 13 are prohibited from taking up employment in all economic sectors. Children who are 13 or older may be employed in nonindustrial establishments, subject to certain requirements, such as parental written consent and proof the child has completed the required schooling.

The Labor Department effectively enforced these laws and regularly inspected workplaces to enforce compliance with the regulations. Penalties for child labor law violations include fines and legal damages and were not commensurate with those for analogous serious crimes, such as kidnapping, that violate the crimes ordinance and carry prison terms.

d. Discrimination with Respect to Employment and Occupation

The law and regulations prohibit employment discrimination based on race or ethnicity, disability, family status (marital status or pregnancy), or sex. The law stipulates employers must prove that proficiency in a particular language is a justifiable job requirement if they reject a candidate on those grounds. Regulations do not prohibit employment discrimination on the grounds of color, religion, political opinion, national origin or citizenship, sexual orientation or gender identity, HIV or other communicable disease status, or social status.

The government generally enforced these laws and regulations. In cases in which employment discrimination occurred, the SAR’s courts had broad powers to levy penalties on those violating these laws and regulations.

Human rights activists and local scholars continued to raise concerns about job prospects for minority students, who were more likely to hold low-paying, low-skilled jobs and earn below-average wages. Experts assessed that a lack of Chinese-language skills was the greatest barrier to employment.

e. Acceptable Conditions of Work

The statutory minimum wage was below the poverty line for an average-sized household. There were many press reports regarding poor conditions faced by and underpayment of wages to domestic workers. The Labor Tribunal adjudicated disputes involving nonpayment or underpayment of wages and wrongful dismissal.

The law does not regulate working hours, paid weekly rest, rest breaks, or compulsory overtime for most employees. Several labor groups reported that employers expected extremely long hours and called for legislation to address that concern.

Workplace health and safety laws allow workers to remove themselves from situations that endanger health or safety without jeopardy to their employment. Employers are required to report any injuries sustained by their employees in work-related accidents.

The number of inspectors was sufficient to enforce compliance. The government effectively enforced the law, and the number of labor inspectors was sufficient to deter violations except in the cases of nonpayment or underpayment of wages to, and working conditions of, domestic workers. Penalties for violations of the minimum wage or occupational safety and health violations include fines, damages, and worker’s compensation payments. These penalties were commensurate with those for similar crimes.

The Occupational Safety and Health Branch of the Labor Department is responsible for safety and health promotion, identification of unsafe conditions, enforcement of safety management legislation, and policy formulation and implementation. Inspectors have the authority to make unannounced inspections and initiate investigations and prosecutions. For the first six months of the year, the Labor Department reported 3,278 cases of occupational accidents, including nine fatalities, with 1,102 accidents in the construction sector and 1,508 in the food and beverage services sector. The department reported 12,502 cases of occupational injuries, including 113 deaths.

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China | Macau | Tibet

Rape and Domestic Violence: The law criminalizes rape, including spousal rape, and domestic violence, but the domestic-violence law does not cover same-sex couples. The rate of investigation for domestic-violence cases was low, with police initiating investigations in only 17 of the 107 cases of domestic violence reported to them in 2019, according to official statistics. Domestic-violence law stipulates that a judge may order urgent coercive measures imposed upon the defendant individually or cumulatively, and the application of these measures does not preclude the possibility of prosecuting the perpetrators for criminal responsibilities as stipulated in the criminal code.

The government made referrals for victims to receive medical treatment, and social workers counseled victims and informed them of social welfare services. The government funded nongovernmental organizations to provide victim support services, including medical services, family counseling, and housing, until their complaints were resolved.

Sexual Harassment: The law criminalizes physical sexual harassment, but verbal and noncontact harassment are not covered by the law. Persons convicted of sexual harassment may be imprisoned for up to one year.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of children; to manage their reproductive health; and have access to the information and means to do so, free from discrimination, coercion, or violence. There were no legal, social, or cultural barriers, or government policies, that restricted access to contraception or to skilled health attendance during pregnancy and childbirth.

The government provides access to sexual and reproductive health services for sexual violence survivors.

During the year virtually all births were attended by skilled health personnel. In 2019 the adolescent (age 15-19) birth rate was two per thousand. The Health Bureau offers full support services for family planning needs.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: Equal opportunity legislation mandates that women receive equal pay for equal work. The law prohibits discrimination in hiring practices based on gender or physical ability and allows for civil suits. Penalties exist for employers who violate these guidelines and the government generally enforced the law effectively. Media reports, however, indicated that discrimination persisted and gender differences in occupation existed, with women concentrated in lower-paid sectors and lower-level jobs.

Birth Registration: According to the Basic Law, children of Chinese national residents of the SAR who were born inside or outside the SAR and children born to non-Chinese national permanent residents inside the SAR are regarded as permanent residents. There is no differentiation between these categories in terms of access to registration of birth. Most births were registered immediately.

Child, Early, and Forced Marriage: The minimum legal age of marriage is age 16; however, children from ages 16 to 18 who wish to marry must obtain approval from their parents or guardians.

Sexual Exploitation of Children: The law specifically provides for criminal punishment for sexual abuse of children and students, statutory rape, and procurement involving minors. The criminal code sets 14 years as the age of sexual consent. The law forbids procurement for prostitution of a person younger than age 18. The law also prohibits child pornography. The government generally enforced these laws effectively, but there were concerns about the exploitation of minors in commercial sex.

International Child Abductions: Macau is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

The Jewish population was extremely small. There were no reports of anti-Semitic acts.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities, and the government generally enforced these provisions. The law mandates access to buildings, public facilities, information, and communications for persons with disabilities. The government enforced the law effectively.

There were reports of societal discrimination against members of ethnic minority groups, and the law did not fully define and criminalize racial discrimination.

The law prohibits discrimination in employment on the grounds of sexual orientation; however, the law does not prohibit discrimination based on sexual orientation in other areas, such as housing.

a. Freedom of Association and the Right to Collective Bargaining

The Basic Law provides for the right of workers to form and join unions, but the Legislative Assembly has not passed legislation to regulate this right. Workers have the right to join labor associations of their choice, but employers and the government reportedly wielded considerable influence over some associations. The law does not provide for workers to bargain collectively, and while workers have the right to conduct legal strikes, there is no specific protection in the law from retribution if workers exercise this right. The law prohibits antiunion discrimination, stating employees or job seekers shall not be prejudiced, deprived of any rights, or exempted from any duties based on their membership in an association. There were no reports that the government threatened or was violent towards union leaders. The law does not stipulate the financial penalties for antiunion discrimination and cannot be compared to other laws involving denials of civil rights, such as discrimination. The law does not require reinstatement of workers dismissed for union activity.

The law forbids workers in certain professions, such as the security forces, to form unions, to take part in protests, or to strike. Such groups had organizations that provided welfare and other services to members and could speak to the government on behalf of members. Vulnerable groups of workers, including domestic workers and migrant workers, could freely associate and form associations, as could public servants.

Workers who believed they were dismissed unlawfully could bring a case to court or lodge a complaint with the Labor Affairs Bureau (LAB) or the Commission against Corruption, which also has an Ombudsman Bureau to handle complaints over administrative violations. The bureau makes recommendations to the relevant government departments after its investigation.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. Penalties range from three to 12 years’ imprisonment, with the minimum and maximum sentences increased by one-third if the victim is younger than age 14. Observers previously noted these penalties generally were commensurate with those for other analogous serious crimes, such as kidnapping. The government did not effectively enforce the law.

Children and migrants were vulnerable to sex and labor trafficking. Migrant construction and domestic workers were vulnerable to exploitative conditions such as recruitment fees, withholding of passports, and debt coercion. Victims were compelled to work in the commercial sex industry, entertainment establishments, and private homes where their freedom of movement was restricted, they were threatened with violence, and forced to work long hours. The government investigated trafficking cases (which typically total one or two annually), but there were no convictions during the year.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all the worst forms of child labor. A law prohibits minors younger than age 16 from working, although minors ages 14 and 15 may work in “exceptional circumstances” if they get a health certificate to prove they have the “necessary robust physique to engage in a professional activity.” The law defines “exceptional circumstances” as: the minor (younger than age 16) has completed compulsory education and has the authorization of the LAB after hearing the Education and Youth Affairs Bureau’s opinions; minors between ages 14 and 16 may work for public or private entities during school summer holidays; and minors of any age may be employed for cultural, artistic, or advertising activities upon authorization of the LAB after hearing the Education and Youth Affairs Bureau’s opinions and when such employment does not adversely affect their school attendance. The law governing the number of working hours was equally applicable to adults and legally working minors, but the law prohibits minors from working overtime hours. According to the civil code, minors who are age 16 can acquire full legal capacity if they marry.

The law prohibits minors younger than age 16 from certain types of work, including but not limited to domestic work, employment between 9 p.m. and 7 a.m., and employment at places where admission of minors is forbidden, such as casinos. The government requires employers to assess the nature, extent, and duration of risk exposure at work before recruiting or employing a minor. These regulations serve to protect children from physically hazardous work, including exposure to dangerous chemicals, and jobs deemed inappropriate due to the child’s age.

The LAB enforced the law through periodic and targeted inspections, and prosecuted violators. Penalties fall under the labor ordinance and are financial; thus these are not comparable to those for other analogous serious crimes, such as kidnapping. If a minor is a victim of forced labor, however, then the penalties are commensurate with those for kidnapping.

d. Discrimination with Respect to Employment and Occupation

The law provides that all residents shall be equal before the law and shall be free from discrimination, irrespective of national or social origin, descent, race, color, gender, sexual orientation, age, marital status, language, religion, political or ideological beliefs, membership in associations, education, or economic background. Equal opportunity legislation states that women are to receive equal pay for equal work. The labor law does not contain any legal restrictions against women in employment, to include limiting working hours, occupations, or tasks.

In November the government put into effect a minimum wage law that excludes disabled workers and domestic workers. The government justified the exclusion based on other benefits received and for the domestic workers, a pre-established minimum rate and housing allowance. The law prohibits discrimination in hiring practices based on gender or physical ability and allows for civil suits. Penalties exist for employers who violate these guidelines, and the government generally enforced the law effectively. Penalties were commensurate with those for other laws involving denials of civil rights, such as election interference.

Some discrimination occurred. In January security companies disclosed informal government requests to hire ethnic Chinese security guards. According to official statistics, at the end of July, nonresident workers accounted for approximately 30 percent of the population. They frequently complained of discrimination in workplace hiring and wages.

In March the chief executive ordered a blanket ban on the entry of foreign nonresident workers to stem the further spread of COVID-19. The order stated that in exceptional cases, the Health Bureau could allow the entry of foreign nonresident workers “in the public interest” such as for prevention, control, and treatment of the disease, and aid and emergency measures. Nonresident workers from China, Hong Kong, and Taiwan were not covered by the ban.

e. Acceptable Conditions of Work

Local labor laws establish the general principle of fair wages and mandate compliance with wage agreements. In April the Legislative Assembly passed a law guaranteeing a minimum wage of 32 patacas ($4) per hour for all employees except for domestic workers and persons with disabilities. The SAR does not calculate an official poverty line. The law provides for a 48-hour workweek, an eight-hour workday, paid overtime, annual leave, and medical and maternity care. The law provides for a 24-hour rest period each week. All workers, whether under a term contract or an indefinite contract, are entitled to such benefits as specified working hours, weekly leave, statutory holidays, annual leave, and sick leave. It was not clear whether penalties were sufficient to deter violations. The law prohibits excessive overtime but permits legal overtime (a maximum of eight hours per day and irrespective of workers’ consent) in force majeure cases or in response to external shocks, at the discretion of the employer. Overtime laws are part of the labor ordinance, which is civil, and involve a financial penalty that is not commensurate with those for crimes, such as fraud, which violate the criminal ordinance and subject perpetrators to incarceration.

All workers, including migrants, have access to the courts in cases in which an employee is unlawfully dismissed, an employer fails to pay compensation, or a worker believes his or her legitimate interests were violated. If an employer dismisses staff “without just cause,” the employer must provide economic compensation indexed to an employee’s length of service.

The LAB provides assistance and legal advice to workers upon request, and cases of labor-related malpractice are referred to the LAB.

The law requires that employers provide a safe working environment. The LAB set industry-appropriate occupational safety and health standards and enforced occupational safety and health regulations. Failure to correct infractions could lead to prosecution. The number of labor inspectors was adequate to enforce compliance. Penalties for violations were not specified in the labor ordinance, other than holding the employer liable.

The law allows workers to remove themselves from hazardous conditions without jeopardy to their employment.

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China | Hong Kong | Tibet

a. Freedom of Association and the Right to Collective Bargaining

The Basic Law provides for the right of workers to form and join unions, but the Legislative Assembly has not passed legislation to regulate this right. Workers have the right to join labor associations of their choice, but employers and the government reportedly wielded considerable influence over some associations. The law does not provide for workers to bargain collectively, and while workers have the right to conduct legal strikes, there is no specific protection in the law from retribution if workers exercise this right, and no strikes occurred. The law prohibits antiunion discrimination, stating employees or job seekers shall not be prejudiced, deprived of any rights, or exempted from any duties based on their membership in an association. There were no reports that the government threatened or was violent towards labor leaders. The law does not stipulate the financial penalties for antiunion discrimination. The law does not require reinstatement of workers dismissed for union activity.

The law forbids workers in certain professions, such as the security forces, to form unions, to take part in protests, or to strike. Such groups had organizations that provided welfare and other services to members and could speak to the government on behalf of members. Vulnerable groups of workers, including domestic workers and migrant workers, could freely associate and form associations, as could public servants.

Workers who believed they were dismissed unlawfully could bring a case to court or lodge a complaint with the Labor Affairs Bureau (LAB) or the Commission against Corruption, which also has an Ombudsman Bureau to handle complaints over administrative violations. The bureau makes recommendations to the relevant government departments after its investigation.

Government and employers did not respect collective bargaining and freedom of association in practice. Government influenced the selection of association officials and interfered in the functioning of workers’ organizations. Penalties for violations were not commensurate with those for other similar violations and were seldom applied.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. Penalties range from three to 12 years’ imprisonment, with the minimum and maximum sentences increased by one-third if the victim is younger than age 14. Penalties generally were commensurate with those for other analogous serious crimes, such as kidnapping. The government did not effectively enforce the law. The government investigated trafficking cases, which typically total one or two annually, but during the year recorded no new investigations. There were no convictions during the year.

Children and migrants were vulnerable to sex and labor trafficking. Migrant construction and domestic workers were vulnerable to exploitative conditions such as recruitment fees, withholding of passports, and debt-based coercion. Victims were compelled to work in the commercial sex industry, entertainment establishments, and private homes where their freedom of movement was restricted, they were threatened with violence, and forced to work long hours.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all the worst forms of child labor. A law prohibits minors younger than age 16 from working, although minors ages 14 and 15 may work in “exceptional circumstances” if they get a health certificate to prove they have the “necessary robust physique to engage in a professional activity.” The law defines “exceptional circumstances” as: the minor (younger than age 16) has completed compulsory education and has the authorization of the LAB after hearing the Education and Youth Affairs Bureau’s opinions; minors between ages 14 and 16 may work for public or private entities during school summer holidays; and minors of any age may be employed for cultural, artistic, or advertising activities upon authorization of the LAB after hearing the Education and Youth Affairs Bureau’s opinions and when such employment does not adversely affect their school attendance. The law governing the number of working hours was equally applicable to adults and legally working minors, but the law prohibits minors from working overtime hours. According to the civil code, minors age 16 can acquire full legal capacity if they marry.

The law prohibits minors younger than age 16 from certain types of work, including but not limited to domestic work, employment between 9 p.m. and 7 a.m., and employment at places where admission of minors is forbidden, such as casinos. The government requires employers to assess the nature, extent, and duration of risk exposure at work before recruiting or employing a minor. These regulations served to protect children from physically hazardous work, including exposure to dangerous chemicals, and jobs deemed inappropriate due to the child’s age.

The LAB was responsible for enforcing the law through periodic and targeted inspections and prosecutions but did so inconsistently. LAB operations were adequately resourced, but prosecutions for labor trafficking fell to zero, and the Public Prosecutions Office was unable to convict any traffickers during the year.

Penalties for noncompliance with minimum wage law and child labor provisions fall under the labor ordinance and are financial; they are not comparable to those for other analogous serious crimes, such as kidnapping. If a minor is a victim of forced labor, however, the penalties are commensurate with those for kidnapping.

d. Discrimination with Respect to Employment and Occupation

The law provides that all residents shall be equal before the law and shall be free from discrimination, irrespective of national or social origin, descent, race, color, gender, sexual orientation, age, marital status, language, religion, political or ideological beliefs, membership in associations, education, or economic background. It does not address HIV/AIDS or refugee status. Equal opportunity legislation states that women are to receive equal pay for equal work. The labor law does not contain any legal restrictions against women in employment, to include limiting working hours, occupations, or tasks.

The government excludes persons with disabilities and domestic workers from the minimum wage law. The law prohibits discrimination in hiring practices based on gender or physical ability and allows for civil suits. The government generally enforced the law effectively in response to complaints via hotlines and online platforms. Penalties were commensurate with those for other laws involving denials of civil rights, such as election interference.

Some discrimination occurred. In February Secretary for Security Wong Sio-chak stated that nonresident workers do not have the same absolute rights as guaranteed under the Basic Law when explaining why a Burmese nonresident’s request to organize a protest against the military coup in Burma was rejected.

As of December the SAR maintained a blanket ban on the entry of foreign nonresident workers to stem the further spread of COVID-19. The order stated that in exceptional cases, the Health Bureau could allow the entry of foreign nonresident workers “in the public interest,” such as for prevention, control, and treatment of the disease, and aid and emergency measures. Nonresident workers from China, Hong Kong, and Taiwan were not covered by the ban.

e. Acceptable Conditions of Work

Wage and Hour Laws: Local labor laws establish the general principle of fair wages and mandate compliance with wage agreements. The SAR does not calculate an official poverty line, but the minimum wage was well above the World Bank’s poverty line of $1.90 per day. The law provides for a 48-hour workweek, an eight-hour workday, paid overtime, annual leave, health care, and maternity care. The law provides for a 24-hour rest period each week. All workers, whether under a term contract or an indefinite contract, are entitled to such benefits as specified working hours, weekly leave, statutory holidays, annual leave, and sick leave. The law prohibits excessive overtime but permits legal overtime (a maximum of eight hours per day and irrespective of workers’ consent) in force majeure cases or in response to external shocks, at the discretion of the employer. Overtime and wage laws are part of the labor ordinance, which is civil, and involve a financial penalty that was not commensurate with those for crimes, such as fraud, which violate the criminal ordinance and subject perpetrators to incarceration.

All workers, including migrants, have access to the courts in cases in which an employee is unlawfully dismissed, an employer fails to pay compensation, or a worker believes his or her legitimate interests were violated. If an employer dismisses staff “without just cause,” the employer must provide economic compensation indexed to an employee’s length of service.

The LAB provides assistance and legal advice to workers upon request, and cases of labor-related malpractice are referred to the LAB.

Occupational Safety and Health: The law requires that employers provide a safe working environment. The LAB set industry-appropriate occupational safety and health standards and enforced occupational safety and health regulations. Failure to correct infractions could lead to prosecution. The number of labor inspectors was adequate to enforce compliance. Inspectors were authorized to conduct unannounced visits and levy sanctions. Inspectors, and not the worker, were responsible for identifying dangerous working conditions. Penalties for violations were not specified in the labor ordinance, other than holding the employer liable.

The law allows workers to remove themselves from hazardous conditions without jeopardy to their employment. The most hazardous sector of the SAR’s economy was the construction industry; work-related accidents in 2020 (mostly on construction sites) caused 14 deaths and rendered 24 workers permanently disabled. The fatal work injury rate was 10.7 fatalities per 1,000 full-time equivalent workers in 2020. In separate incidents in August and November, two construction workers died after falls from the scaffolding on casino construction sites.

Rape and Domestic Violence: The law criminalizes rape of women and men, including spousal rape, and domestic violence, and provides protection for rape survivors. Rape trials are not open to the public unless the victim consents. The law allows experts to assist in questioning and appear in court as witnesses when rape victims are minors or have mental disabilities, and authorizes the use of one-way mirrors, video conferencing, or other practices to protect victims during questioning and at trial. The law permits a charge of rape even if the victim chooses not to press charges and allows prosecutors to investigate complaints of domestic violence even if the victim has not filed a formal complaint.

The law establishes the punishment for rape as a minimum of five years’ imprisonment, and courts usually sentenced individuals convicted of rape to five to 10 years in prison. Courts typically sentenced individuals convicted in domestic violence cases to less than six months in prison.

In one prominent case, in August a man surnamed Su was sentenced to 12 years in prison for sexually assaulting a woman.

Many victims did not report the crime for fear of social stigmatization, and NGOs and academic studies estimated the total number of sexual assaults was seven to 10 times higher than the number reported to police. Some abused women chose not to report incidents to police due to social pressure not to disgrace their families.

The law requires all cities and counties to establish violence prevention and control centers to address domestic and sexual violence, child abuse, and elder abuse.

In May the Constitutional Court issued an interpretation decriminalizing adultery. Activists lauded the ruling, asserting the laws had been used to pressure victims of sexual assault to refrain from filing charges.

Sexual Harassment: The law prohibits sexual harassment (see section 7.d.). In most cases perpetrators were required to attend classes on gender equality and counseling sessions, and when the victims agreed, to apologize to the victims. In 2019 a total of 408 fines were issued, up from 287 fines in 2018, with a combined total of seven million New Taiwan dollars ($238,000), a 40 percent increase from the previous year.

Incidents of sexual harassment were reportedly on the rise in public spaces, schools, the legislature, and in government agencies.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children and to manage their reproductive health. They had access to the information and means to do so, free from discrimination, coercion, or violence, although their rights are abridged by the legal requirement that women concerned about the effect of pregnancy or childbirth on their mental health or family life must secure spousal consent before receiving certain forms of reproductive health care.

Contraceptive drugs and services were covered by the comprehensive mandatory health insurance system and readily available through prescription after a medical consultation. Pregnant women received full coverage of related medical expenses, including for 10 prenatal care outpatient visits and hospital or clinic services for labor and delivery. Fertility treatments are limited by law to married couples with a medical diagnosis of infertility or a major hereditary disease and when the wife is medically capable of carrying the pregnancy to term. Surrogacy is not legal. Staff members at designated hospitals were trained to acquire evidence and perform medical examinations for victims of sexual violence and to provide other sexual and reproductive health services.

In 2019, 99.83 percent of births were attended by a physician and 0.08 percent by a midwife. From 2009 through 2019, the adolescent birth rate remained at roughly four per 1,000 women between the ages of 15 and 19.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The law provides the same legal status and rights for women and men. Women experienced some discrimination in employment (see section 7.d.).

Gender-biased Sex Selection: The law prohibits sex selection and sex-selective abortion, except for diagnoses of sex-linked inheritance disorders. Even for embryos created via assisted reproductive technology, the fetal sex may not be revealed in any form unless medically required. According to National Health Administration statistics, the ratio of males-to-females for a first child born in 2019 was 1.07. A 2019 survey found 32 percent of respondents preferred a female baby, and 31 percent a male baby. Authorities worked with local health bureaus to monitor the sex ratio at birth and continued to promote gender equality.

Birth Registration: Citizenship is derived from that of either parent. Births must be registered within 60 days; failure to do so results in the denial of national health care and education benefits. Registration is not denied on a discriminatory basis.

Child Abuse: The law stipulates persons learning of child abuse or neglect must notify police or welfare authorities. An official 24-hour hotline accepted complaints and offered counseling. Courts are required to appoint guardians for children of parents deemed unfit. Childcare center owners and teachers who physically abuse or sexually harass children may be fined, and the names of perpetrators and their institutions will be made public. Owners who fail to verify the qualifications of teachers and other employees may be fined.

Children’s rights advocates called on medical professionals to pay attention to infants and young children sent to hospitals with unusual injuries and to take the initiative to report suspected abuse to law enforcement while treating these children. Advocates also called attention to bullying, violence, and sexual assault cases at correctional institutions, while pointing out these facilities were often understaffed and that their personnel were inadequately trained to counsel and manage teenage inmates.

Central and local authorities coordinated with private organizations to identify and assist high-risk children and families and to increase public awareness of child abuse and domestic violence.

In August a couple surnamed Chiu and Wang were convicted of beating their two-year-old son to death in November 2019. They were sentenced to 15 years and eight years and four months in jail, respectively. In June a man surnamed Chang was sentenced to nine years and 10 months in jail for sexual abuse of three minors.

Child, Early, and Forced Marriage: The legal minimum age of marriage is 18 years for men and 16 for girls.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children and child pornography. Under law a perpetrator who films an underage person engaging in sexual intercourse or obscene acts or produces pictures, photographs, films, videotapes, compact discs, electronic signals, or other objects that show an underage person engaging in sexual intercourse or obscene acts, is subject to imprisonment for between one and seven years, and could face a substantial fine.

The minimum age for consensual sexual relations is 16. Persons who engage in sex with children younger than age 14 face sentences of three to 10 years in prison. Those who engage in sex with minors between 14 and 16 receive a mandatory prison sentence of three to seven years. Solicitors of sex with minors older than 16 but younger than 18 face a maximum of one year in prison or hard labor or a substantial fine.

While authorities generally enforced the law domestically, elements of the law that treat possession of child pornography as a misdemeanor rather than a felony hampered enforcement in some cases. Authorities also did not investigate or prosecute any cases of child sexual exploitation committed by citizens while traveling abroad, although the law permits this.

In March a man surnamed Chen was sentenced to two years and two months in jail for distributing intimate photos of a 13-year-old girl through social media, in addition to an earlier sentence of eight years and six months for sexual assault against the same minor.

NGOs raised concerns regarding online sexual exploitation of children and reported sex offenders increasingly used cell phones, web cameras, live streaming, apps, and other new technologies to deceive and coerce underage girls and boys into sexual activity; the NGOs called for increased prosecutions and heavier penalties.

There were reports of minors in prostitution.

International Child Abductions: Due to its unique political status, Taiwan is not eligible to become a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

The Jewish community was very small, estimated at 1,000 individuals, predominately foreign residents. There were no reports of anti-Semitic acts.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report.

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities and stipulates authorities must provide certain services and programs to persons with disabilities. Persons with disabilities have the right to vote and participate in civic affairs.

Authorities made efforts to implement laws and programs to provide access to buildings, information, and communications. NGOs contended the lack of barrier-free spaces and accessible transportation systems continued to limit civic engagement by persons with disabilities, particularly outside Taipei. The Accessible Living Environment Supervisory Task Force under the Ministry of the Interior is responsible for monitoring efforts by local governments to improve the accessibility of public buildings. Authorities release an annual assessment on accessibility in public buildings and areas that serves as a reference for central government budget allocation.

Most children with disabilities attended mainstream schools, but separate primary, secondary, and vocational schools were also available for students with disabilities. NGOs asserted services for students with disabilities remained largely inadequate.

As of December 2019, spouses born in Southeast Asian countries and the PRC accounted for more than 2.2 percent of the total population. Overseas spouses were reportedly targets of social discrimination or abuse outside and, at times, inside the home.

The law allows non-PRC-born foreign spouses of Taiwan passport holders to apply for Taiwan residency after three years, while PRC-born spouses must wait six years. Unlike non-PRC spouses, however, PRC-born spouses may work in Taiwan immediately on arrival. The status and rights of PRC-born spouses are governed by the Act Governing Relations Between the People of the Taiwan Area and the Mainland Area.

Starting in August 2019, seven Southeast Asian languages–Vietnamese, Indonesian, Thai, Burmese, Khmer, Malay, and Tagalog–were incorporated into the language curriculum in some elementary schools, reflecting the growing number of children of partial Southeast Asian descent. As of September more than 153,000 second-generation students were enrolled in elementary and junior high schools.

In February the Taiwan Railways Administration imposed a ban on sitting on the floor of the main hall of the Taipei Main Station, a public venue frequently used by foreign migrant workers to socialize, citing social distancing guidelines for the COVID-19 pandemic. After facing criticism from migrant worker rights groups, restrictions were lifted in July.

Authorities officially recognize 16 indigenous tribes, accounting for approximately 2.3 percent of the population. The law provides indigenous people equal civil and political rights and stipulates authorities should provide resources to help indigenous groups develop a system of self-governance, formulate policies to protect their basic rights, and promote the preservation and development of their languages and cultures.

The law designates the languages of the 16 indigenous tribes as national languages and entitles indigenous peoples to use their languages in official settings. In February a foundation was launched to research, preserve, and support the use of indigenous languages. In a program begun in 2018, a total of 32 schools representing 10 ethnic groups were engaged in indigenous experimental education.

The Legal Aid Foundation operated a center in Hualian to provide legal assistance to indigenous persons.

Although the law allows for the delineation of government-owned traditional indigenous territories, some indigenous rights advocates argued a large amount of indigenous land was seized and privatized decades ago, depriving indigenous communities of the right to participate in the development of these traditional territories.

Existing law stipulates authorities and the private sector should consult with indigenous people and obtain their consent to or participation in, as well as share with them the benefits of, land development, resource utilization, ecology conservation, and academic research in indigenous areas. There are, however, no regulations in place for obtaining this consent with respect to private land.

Indigenous people participated in decisions affecting their land through the political process. The law sets aside six of the 113 seats in the legislature for indigenous tribal representatives elected by indigenous voters.

In August the Transitional Justice Commission exonerated Voyue Tosku, an indigenous Tsou tribesman, and Liao Li-chuan, sentenced in 1954 to 17 and 10 years in jail, respectively, for alleged involvement in a treason case during the martial law era. This was the first exoneration by the Transitional Justice Commission of members of indigenous tribes.

In November 2019 authorities announced NT$2.55 billion ($83.6 million) in compensation to residents on outlying Orchid Island, home to the indigenous Tao community, for the operation of a nuclear waste storage facility on the island over the past five decades without their consent. Local community representatives rejected the proposed compensation, reiterating demands that the nuclear waste be removed or relocated.

In June the Asia Cement Corporation announced it would initiate consultations with the local community aimed at achieving a settlement for the continuation of mining operations in Hualien County. The action followed a July 2019 Taipei high administrative court ruling in favor of indigenous Truku residents who protested the renewal of permits for the corporation’s mining operations near their community. The Bureau of Mines renewed the permit without the consent of the Truku community, which the court ruled violated legal requirements for governments or private parties to consult with and obtain consent from indigenous peoples in such cases.

The law stipulates employers cannot discriminate against job seekers based on sexual orientation and prohibits schools from discriminating against students based on their gender expression, gender identity, or sexual orientation.

Activists for lesbian, gay, bisexual, transgender, and intersex (LGBTI) rights said due to victims’ reluctance to lodge formal complaints, discrimination against LGBTI persons was more widespread than suggested by the number of court cases. Reported instances of violence against LGBTI individuals were rare, and police response was adequate.

In September several LGBTI advocacy and parents’ groups voiced support for, while other non-LGBTI groups protested against, the Ministry of Education’s selection of a children’s book featuring a same-sex couple for elementary-school readers.

The law prohibits potential employers from requesting health examination reports from job candidates to prove they do not have HIV or other communicable diseases. There was reported discrimination, including employment discrimination, against persons with HIV or AIDS (see section 7.d.).

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions, conduct strikes, and bargain collectively. The law prohibits discrimination, dismissal, or other unfair treatment of workers for union-related activities and requires reinstatement of workers fired for legal trade union activity. Employees hired through dispatching agencies (i.e., temporary workers) do not have the right to organize and bargain collectively in the enterprises where they work.

The Labor Incident Act, which entered into force in January, clearly defines labor disputes and establishes special labor courts in the judicial system to handle all labor cases, including collective disputes involving a union.

According to the law, there are three types of unions: enterprise unions, industrial unions, and professional unions. Enterprise unions must have 30 members to form and there may only be one union per enterprise. Employees in companies with fewer than 30 workers may only join a professional union or an industrial union to exercise their rights. Industrial unions link workers in the same industry. Professional unions must be within the geographic boundaries of local administrative divisions; membership across boundaries is prohibited.

The right to strike remained highly restricted. Teachers, civil servants, and defense industry employees do not have the right to strike. Workers in industries such as utilities, hospital services, and telecommunication service providers are allowed to strike only if they maintain basic services during the strike. Authorities may prohibit, limit, or break up a strike during a disaster. Workers are allowed to strike only in “adjustment” disputes which include issues such as compensation and working schedules. The law forbids strikes related to rights guaranteed under the law.

The law requires mediation of labor disputes when authorities deem them sufficiently serious or involving unfair practices. Most labor disputes involved wage and severance issues. Local labor authorities often settle disputes through mediation or arbitration. Mediation usually resolved most cases within 20 days. Legally binding arbitration generally took between 45 and 79 working days. The law prohibits strikes or other acts of protest during conciliation or arbitration proceedings. Labor organizations stated this prohibition impeded workers’ ability to exercise their right to strike.

Through July the economic impact of COVID-19 increased labor dispute cases by 15 percent, particularly related to wage disputes and improper dismissals.

The Ministry of Labor oversees implementation and enforcement of labor laws in coordination with local labor affairs authorities. Authorities effectively enforced laws providing for the freedom of association and collective bargaining. Ministry arbitration committees reviewed cases of antiunion activities, and authorities subjected violators to fines or restoration of employee’s duties. Such fines were not commensurate with those for other laws involving denials of civil rights.

Large enterprises frequently made it difficult for employees to organize an enterprise union through methods such as blacklisting union organizers from promotion or relocating them to other work divisions. These methods were particularly common in the technology sector. There was only one enterprise union among the 520 companies in Hsinchu Science Park, where more than 150,000 employees work. The authorities provide financial incentives to enterprise unions to encourage negotiation of “collective agreements” with employers that detail their employees’ immediate labor rights and entitlements.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The law prescribes penalties for forced labor, and authorities effectively enforced the law, but courts delivered light sentences or fines in most forced labor convictions. Such penalties were not commensurate with those for analogous serious crimes, such as kidnapping. Authorities can terminate brokers’ business operations but did not do so as of October. There is no legal prohibition against reopening a business through a proxy that registers as a new company.

Authorities continued public awareness campaigns, including disseminating worker-education pamphlets, operating foreign-worker hotlines, and offering Ministry of Education programs on labor trafficking as part of the broader human rights curriculum. Forced labor occurred primarily in sectors reliant on migrant workers including domestic services, fishing, farming, manufacturing, meat processing, and construction. Some labor brokers charged foreign workers exorbitant recruitment fees and used debts incurred from these fees in the source country as tools of coercion to subject the workers to debt bondage (see section 7.e.).

Migrant fishermen reported senior crewmembers employ coercive tactics such as threats of physical violence, beatings, withholding of food and water, retention of identity documents, wage deductions, and noncontractual compulsory sharing of vessel operational costs to retain their labor. These abuses were particularly prevalent in Taiwan’s large distant-waters fishing fleet, which operated without adequate oversight (see section 7.e.).

The Employment Services Act requires labor brokers to report mistreatment such as withholding identification documents, restrictions on access to dorms or residences, and excessive work hours violating the general work conditions of foreign workers to law enforcement authorities within 24 hours. Penalties for not doing so include small fines. The Employment Services Act introduced a new article to prohibit brokers from specific acts against migrant workers, including sexual assault, human trafficking, or forced labor with penalties including modest fines and possible criminal charges.

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law provides a minimum age for employment of 15, but has an exception for work by children younger than 15 if they have completed junior high school and the appropriate authorities have determined the work will not harm the child’s mental and physical health. The law prohibits children younger than 18 from doing heavy or hazardous work. Working hours for children are limited to eight hours per day, and children may not work overtime or on night shifts. The law prohibits all the worst forms of child labor.

County and city labor bureaus effectively enforced minimum age laws by ensuring the implementation of compulsory education. Employers who violate minimum age laws face a prison sentence, fines, or both, which were not commensurate with those of analogous serious crimes, such as kidnapping.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation on the basis of race, religion, national origin, color, sex, ethnicity, disability, age, and sexual orientation. The law prohibits potential employers from requesting medical reports from job candidates to prove they do not have HIV or other communicable diseases. The law forbids termination of employment because of pregnancy or marriage. The law does not restrict women’s working hours, occupations, or tasks. The authorities effectively enforced the law and penalties were commensurate to laws related to civil rights, such as election interference.

Workers who encounter discrimination can file complaints with two independent committees composed of scholars, experts, and officials in city and county departments of labor affairs. Local labor affairs bureaus are empowered to intervene and investigate complaints of employment discrimination. Authorities enforced decisions made by those committees. Employers can appeal rulings to the Ministry of Labor and the administrative court.

The majority of sex discrimination cases reported in 2019 were forced resignations due to pregnancies. Scholars said sex discrimination remained significantly underreported due to workers’ fear of retaliation from employers and difficulties in finding new employment if the worker has a history of making complaints. According to a 2018 survey by the Ministry of Finance, the median monthly income for women was, on average, 87.5 percent of the amount their male counterparts earned.

The law requires 3 percent of the workforce in the public sector and 1 percent of the workforce in the private sector to be persons with disabilities. In 2019, 4.3 percent of the public-sector workforce consisted of persons with disabilities; the private sector continued to fall short of the target. Companies with more than 67 employees failing to meet the target are potentially liable for small fines.

e. Acceptable Conditions of Work

The Ministry of Labor’s Basic Wage Committee sets a minimum wage that is adjusted annually. The minimum wage does not cover workers in categories not covered by the law, such as management employees, medical doctors and other healthcare workers, gardeners, bodyguards, self-employed lawyers, civil servants, contractors for local authorities, and domestic household workers. The minimum wage is above the Ministry of Health and Welfare’s poverty level, although foreign fishermen on vessels operating outside Taiwan’s territorial seas earned significantly below the national minimum wage, and NGOs reported that the monthly take-home pay of some domestic workers was as low as 6.7 percent below the official poverty level. Enacted in January, the Labor Incident Act clarified that employers, not workers, bear the burden of proof in wage and hour disputes.

Regular working hours are eight hours per day and 40 hours per week, with overtime limited to 54 hours per month. The law requires a mandatory rest interval for shift work of eight hours or longer in certain sectors and limits the number of working days to 12 days in a two-week period.

The Ministry of Labor is responsible for enforcing the labor laws in conjunction with the labor agencies of local governments. Employees in “authorized special categories” approved by the Ministry of Labor are exempt from regular working hours stipulated in the law. These include security guards, flight attendants, insurance salespersons, real estate agents, media journalists, public transport drivers, domestic workers, and caregivers. Penalties are not commensurate with those for similar crimes, such as fraud. The ministry effectively enforced is minimum wage and overtime laws.

To respond to concerns from religious leaders that the law did not guarantee a day off for many of the 220,000 foreign caregivers and household workers who wished to attend religious services on a certain day of the week, in September 2019 authorities introduced a “respite care service” to provide substitute caregivers on a per-day basis. Ministry of Labor statistics show employers utilized 23,882 respite-care days in 2019.

The law provides for occupational safety and health standards that are appropriate for the main industries in the economy. A May 2019 Labor Standards Act amendment prescribes to enterprise and dispatching agencies responsibility for occupational injury of temporary workers. The authorities effectively enforced occupational safety and health standards. Workers can remove themselves from a situation that endangers their health and safety and report to their supervisor without jeopardizing their employment. Employers, however, can terminate the employment contract if they can prove the worker abused the right to suspend work and the competent authority has affirmed the employer was in compliance. Employers are subject to civil but not criminal charges when their employees are involved in fatal accidents due to unsafe working conditions. Penalties for violations of occupational safety and health standards were commensurate with those for crimes like negligence. The freight and passenger transportation industries saw higher than average accident rates among drivers working overtime. Their employers often tried to make drivers rather than the companies liable for any accidents.

There were an insufficient number of inspectors for the number of workplaces to be inspected, despite the recruitment of additional 325 inspectors in 2019. Inspectors have the authority to make unannounced inspections. Authorities can fine employers and revoke their hiring privileges for violations of the law, and the law mandates publicizing the names of offending companies. Employers found to be in violation of labor laws during an inspection are not eligible for certain tax reductions or grants.

More than 700,000 foreign workers were employed, primarily from Indonesia, Vietnam, the Philippines, and Thailand; most were recruited through a labor broker. The Ministry of Labor is required to inspect and oversee the brokerage companies to ensure compliance. The ministry also operates a Foreign Worker Direct Hire Service Center and an online platform to allow employers to hire foreign workers without using a broker. Foreign workers may change employers in cases of exploitation or abuse.

The Taiwan International Workers’ Association complained, however, that bureaucratic red tape continued to enable brokers to extract profits from foreign workers and prevented the service center from being used more widely.

The Ministry of Labor maintained a 24-hour toll-free “1955” hotline service in six languages (Mandarin, English, Indonesian, Thai, Tagalog, and Vietnamese) where foreign workers can obtain free legal advice, request urgent relocation and protection, report abuse by employers, file complaints about delayed salary payments, and make other inquiries. All reporting cases are registered in a centralized database for law enforcement to track and intervene if necessary. Among the 186,014 calls in 2019, the hotline helped 5,322 foreign workers to reclaim a total of NT$179 million ($5.97 million) in salary payments.

Foreign workers’ associations maintained that, in spite of the existence of the hotline and authorities’ effective response record, foreign workers were often reluctant to report employer abuses for fear the employer would terminate their contract, subjecting them to possible deportation and leaving them unable to pay off their debt to recruiters.

Foreign workers generally faced exploitation and incurred significant debt burdens during the recruitment process due to excessive brokerage fees, guarantee deposits, and higher charges for flights and accommodations. Brokerage agencies often required workers to take out loans for “training” and other fees at local branches of Taiwan banks in their home countries at high interest rates, leaving them vulnerable to debt bondage. NGOs suggested the authorities should seek further international cooperation with labor-sending countries, particularly on oversight of transnational labor brokers.

Foreign fishermen were commonly subjected to mistreatment and poor working conditions. Domestic labor laws only apply to fishermen working on vessels operating within Taiwan’s territorial waters. Fishermen working on Taiwan-flagged vessels operating beyond Taiwan’s territorial waters (Taiwan’s distant-waters fishing fleet) were not afforded the same labor rights, wages, insurance, and pensions as those recruited to work within Taiwan’s territorial waters. For example, regulations only require a minimum monthly wage of $450 for these foreign fishermen in the distant water fleet, significantly below the domestic minimum wage. NGOs reported that foreign fishing crews in Taiwan’s distant-waters fishing fleet generally received wages below the required $450 per month because of dubious deductions for administrative fees and deposits.

Several NGOs, including Greenpeace and the Taiwan International Workers Association, advocated for the abolishment of this separate employment system, under which an estimated 35,000 migrant workers are employed in Taiwan’s distant-waters fishing fleet. The majority of these fishermen are recruited overseas, mostly from Indonesia and the Philippines. The United Kingdom-registered Environmental Justice Foundation conducted a survey between August 2018 and November 2019 and interviewed 71 Indonesian fishermen who had worked on 62 Taiwanese vessels. The results suggested that 24 percent of foreign fishermen suffered violent physical abuse; 92 percent experienced unlawful wage withholding; 82 percent worked overtime excessively. There were also reports fishing crew members could face hunger and dehydration and have been prevented from leaving their vessels or terminating their employment contracts.

The Fisheries Agency has officers in American Samoa, Mauritius, Fiji, Palau, South Africa, and the Marshall Islands since 2007 as well as inspectors in some domestic ports to monitor and inspect docked Taiwan-flagged long-haul fishing vessels. These Taiwan officials used a multilingual questionnaire to interview foreign fishermen and examine their labor conditions on board. The Fisheries Agency acknowledged they need further capacity building as they can currently conduct labor inspections of only 400 vessels per year.

Rape and Domestic Violence: See section 6, Women, in the Country Reports on Human Rights Practices for 2020 for China.

Sexual Harassment: See section 6, Women, in the Country Reports on Human Rights Practices for 2020 for China.

Coercion in Population Control: As in the rest of China, there were reports of coerced abortions and sterilizations, although the government kept no statistics on these procedures. The CCP restricts the right of parents to choose the number of children they have and utilizes family planning units from the provincial to the village level to enforce population limits and distributions.

Discrimination: See section 6, Women, in the Country Reports on Human Rights Practices for 2020 for China.

Birth Registration: See section 6, Children, in the Country Reports on Human R9ights Practices for 2020 for China.

Education: The PRC’s nationwide “centralized education” policy was in place in many rural areas. The policy forced the closure of many village and monastic schools and the transfer of students to boarding schools in towns and cities. Media reports indicated the program was expanding. This, and aspects of education policy generally, led many Tibetan parents to express deep concern about growing “ideological and political education” that was critical of the “old Tibet,” and taught Tibetan children to improve their “Chinese identity” in elementary schools. In August, PRC President Xi Jinping personally urged local officials in the TAR and other Tibetan areas to further ideological education and sow “loving-China seeds” into the hearts of children in the region.

Authorities enforced regulations limiting traditional monastic education to monks older than 18. Instruction in Tibetan, while provided for by PRC law, was often inadequate or unavailable at schools in Tibetan areas.

The number of Tibetans attending government-sponsored boarding school outside Tibetan areas increased, driven by PRC government policy that justified the programs as providing greater educational opportunities than students would have in their home cities. Tibetans and reporters, however, noted the program prevented students from participating in Tibetan cultural activities, practicing their religion, or using the Tibetan language. Media reports also highlighted discrimination within government boarding school programs. Tibetans attending government-run boarding schools in eastern China reported studying and living in ethnically segregated classrooms and dormitories justified as necessary security measures, although the government claimed cultural integration was one purpose of these programs.

Child, Early, and Forced Marriage: See section 6, Children, in the Country Reports on Human Rights Practices for 2020 for China.

Sexual Exploitation of Children: See section 6, Children, in the Country Reports on Human Rights Practices for 2020 for China.

International Child Abductions: See section 6, Children, in the Country Reports on Human Rights Practices for 2020 for China.

See section 6, Anti-Semitism, in the Country Reports on Human Rights Practices for 2020 for China.

Trafficking in Persons

See the Department of State’s annual Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report.

See section 6, Persons with Disabilities, in the Country Reports on Human Rights Practices for 2020 for China.

Although observers believe that ethnic Tibetans made up the great majority of the TAR’s permanent, registered population–especially in rural areas–there was no accurate data reflecting the large number of long-, medium-, and short-term Han Chinese migrants, such as officials, skilled and unskilled laborers, military and paramilitary troops, and their dependents, in the region.

Observers continued to express concern that major development projects and other central government policies disproportionately benefited non-Tibetans and contributed to the considerable influx of Han Chinese into the TAR and other Tibetan areas. Large state-owned enterprises based outside the TAR engineered or built many major infrastructure projects across the Tibetan plateau; Han Chinese professionals and low-wage temporary migrant workers from other provinces, rather than local residents, generally managed and staffed the projects.

Economic and social exclusion was a major source of discontent among a varied cross section of Tibetans.

There were reports in prior years that some employers specifically barred Tibetans and other minorities from applying for job openings. There were, however, no media reports of this type of discrimination during the year.

See section 6, Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity, in the Country Reports on Human Rights Practices for 2020 for China.

Government propaganda against alleged Tibetan “pro-independence forces” contributed to Chinese social discrimination against ordinary Tibetans. Many Tibetan monks and nuns chose to wear nonreligious clothing to avoid harassment when traveling outside their monasteries. Some Tibetans reported that taxi drivers outside Tibetan areas refused to stop for them, hotels refused to provide lodging, and Han Chinese landlords refused to rent to them.

See section 7, Worker Rights, in the Country Reports on Human Rights Practices for 2020 for China.

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China | Hong Kong | Macau

Rape and Domestic Violence: The government and independent monitoring groups reported with concern that rates of violence against women remained high although the number of femicides decreased slightly from 2019. The We Will Stop Femicide Platform, an NGO dedicated to monitoring violence against women since 2008, reported a record 421 femicides in 2019. The NGO estimated that men killed at least 407 women during the year. Between April 15 and May 19, the Ministry of Family, Labor, and Social Services received a record 2,506 complaints of domestic violence following the release of 90,000 convicts from prisons as part of the country’s COVID-19 countermeasures.

The law criminalizes violence against women and sexual assault, including rape and spousal rape, with penalties of two to 10 years’ imprisonment for conviction of attempted sexual violation and at least 12 years’ imprisonment for conviction of rape or sexual violation. The government did not effectively or fully enforce these laws or protect victims. In one example in July, authorities found the body of Pinar Gultekin, a university student who had been missing for five days. Police alleged that a former boyfriend strangled her after an argument and placed her body in a barrel, which was then burned and filled with concrete. In October police apprehended and arrested the suspect. The brutal crime generated extensive negative media and social media coverage and led to protests in several cities. On July 22, the president issued a tweet that condemned the crime and violence against women and promised that the killer would receive the maximum punishment.

In April, Muslum Aslan beat his 11-year-old daughter to death only days after being released from prison. Authorities released Aslan, who had been arrested for stabbing his wife in the neck with scissors and had a history of abusing his children, during the COVID-19 amnesty after he had served only five months of his sentence. Police re-arrested Aslan, and he committed suicide in prison in May.

The law covers all women and requires police and local authorities to grant various levels of protection and support services to survivors of violence or those at risk of violence. It also mandates government services, such as shelter and temporary financial support, for victims and provides for family courts to impose sanctions on perpetrators.

The law provides for the establishment of violence prevention and monitoring centers to offer economic, psychological, legal, and social assistance. There were 81 violence prevention centers throughout the country, one in each province. There were 145 women’s shelters nationwide with capacity for 3,482 persons. As of July, 42,396 individuals, including 26,347 women and 16,049 children received services from women’s shelters. Women’s rights advocates asserted there were not enough shelters to meet the demand for assistance and that shelter staff did not provide adequate care and services, particularly in the southeast. Some NGOs noted shelters in multiple southeastern provinces closed during the 2016-18 state of emergency and COVID-19 lockdowns and that others faced difficulty following the removal of elected mayors and appointment of government trustees, some of whom cut funding and ended partnerships with the local NGOs. Lack of services was more acute for elderly women and LGBTI women as well as for women with older children. The government operated a nationwide domestic violence hotline and web application called the Women Emergency Assistance Notification System (KADES). In November the Ministry of Interior stated that since its inception in 2018, the KADES app has received more than 48,686 reports and that authorities had responded to each, but it did not specify types of response. NGOs asserted the quality of services provided in calls was inadequate for victims of domestic violence and that women were at times directed to mediation centers or told to reconcile with their husbands.

Violence against women, including spousal abuse, remained a serious and widespread problem both in rural and urban areas. Pandemic lockdowns for COVID-19 during the year coincided with increased reports of domestic violence. Spousal rape is a criminal offense, and the law also provides criminal penalties for conviction of crimes such as assault, deprivation of liberty, or threats. Despite these measures, killings and other forms of violence against women continued.

The government sparked controversy across the political spectrum during the summer when some senior members of the ruling AKP called for the country’s withdrawal from the Istanbul Convention, a Council of Europe convention on preventing and combating violence against women and domestic violence, which the country ratified in 2012. Critics of the convention alleged its commitment to equal implementation without discrimination based on “sexual orientation” or “gender identity” violated Turkish values and that the convention damaged family structures. The calls for withdrawal generated a significant domestic backlash, including from within the ruling party, and women’s rights groups organized in support of the convention. In July and August, protests against withdrawal and for improved government response in combatting violence against women took place nationwide regularly. Some protests resulted in scuffles between police and protesters. Police detained demonstrators at several of the protests, including those in Ankara and Istanbul in August. At the end of the year, the government had not taken any steps to withdraw from the convention.

Courts regularly issued restraining orders to protect victims, but human rights organizations reported police rarely enforced them effectively. Women’s associations also charged that government counselors and police sometimes encouraged women to remain in abusive marriages at their own personal risk rather than break up families.

In June, Sevtap Sahin was killed by her husband in Ankara. According to her family, Sahin had filed 60 domestic violence and restraining order violations complaints with police prior to her murder. In October, Istanbul resident Gul Gulum was killed by her husband, against whom she had obtained a restraining order. In both cases police arrested the husbands following the killings.

Courts in some cases gave reduced sentences to men found guilty of committing violence against women, citing good behavior during the trial or “provocation” by women as an extenuating circumstance of the crime.

For example, in July the Court of Cassation reduced the sentence for Lutfu Sefa Berberoglu, convicted of murdering his wife in 2013 after seeing her in a car with two men, from life imprisonment for murder to 15 years’ imprisonment. The court cited unjust provocation and lack of spousal loyalty as reasons for the reversal.

Other Harmful Traditional Practices: Human rights activists and academics reported the practice of “honor killings” of women continued across the country. The prevalence of killings was most severe in the southeast.

Individuals convicted of honor killings may receive life imprisonment, but NGOs reported that courts often reduced actual sentences due to mitigating factors. The law allows judges, when establishing sentences, to take into account anger or passion caused by the “misbehavior” of the victim.

Sexual Harassment: The law provides for up to five years’ imprisonment for sexual harassment. If the victim is a child, the recommended punishments are longer; however, women’s rights activists reported that authorities rarely enforced these laws. For example, in October a man previously sentenced to eight years in prison for sexually harassing a teacher, but never arrested since an appeals court did not confirm the verdict, shot a woman who rejected his proposal of marriage.

Gender equality organizations indicated that incidents of verbal harassment and physical intimidation of women in public occurred with regularity and cited as the cause a permissive social environment in which harassers were emboldened.

Some women’s rights NGOs asserted that weak legal enforcement of laws to protect women and light sentencing of violent perpetrators of crimes against women contributed to a climate of permissiveness for potential offenders. According to Ministry of Justice statistics, there were 15,842 sexual harassment cases in 2019. Courts ruled for acquittal in 17 percent of cases, in 40 percent of cases the perpetrator was found guilty and sentenced, and in 25 percent of cases, courts suspended the sentence through a verdict postponement judgement. The high rate of verdict postponement contributed to perceptions of impunity for sexual harassment.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children and to manage their reproductive health, and most had access to the information and means to do so, free from discrimination, coercion, or violence. Cultural barriers to access of contraception exist in religiously conservative communities. According to a 2017 UN World Family Planning report, 6 percent of women between 15 and 49 years of age reported an unmet need for family planning methods. Access to family planning methods and information on managing reproductive health was more difficult for many of the four million refugees in the country. During the year the Reproductive Health Journal published a review on the sexual and reproductive health of Syrian refugee women that stated the rate of postnatal care was inadequate. The review reported a 24-percent rate of modern contraceptive method use among all age groups of Syrian girls and women, with estimated rates of unmet family planning needs at 35 percent and only 20 percent of Syrian women having regular gynecological examinations.

The government provided access to sexual and reproductive health services for survivors of sexual violence.

Coercion in Population Control: There were no reports of coerced abortion or forced sterilization on the part of government authorities.

Discrimination: Women enjoy the same rights as men by law, but societal and official discrimination were widespread. Women faced discrimination in employment.

The constitution permits measures, including positive discrimination, to advance gender equality. To encourage the hiring of women, the state paid social services insurance premiums on behalf of employers for several months for any female employee older than 18. Laws introduced as a gender justice initiative provided for maternity leave, breastfeeding time during work hours, flexibility in work hours, and required childcare by large employers. Rights organizations contended, however, that these changes in the legal framework discouraged employers from hiring women and negatively affected their promotion potential.

Birth Registration: There was universal birth registration, and births were generally registered promptly. A child receives citizenship from his or her parents, not through birth in the country. Only one parent needs to be a citizen to convey citizenship to a child. In special cases in which a child born in the country may not receive citizenship from any other country due to the status of his or her parents, the child is legally entitled to receive citizenship.

Education: Human rights NGOs and others expressed concern that despite the law on compulsory education and the progress made by the nationwide literacy campaign launched in 2018, some families were able to keep female students home, particularly in religiously conservative rural areas, where girls often dropped out of school after completing their mandatory primary education. The reliance on online education platforms during COVID-19 lockdowns negatively affected both boys and girls from socioeconomically disadvantaged families lacking internet access and further exacerbated learning inequalities. In March an evaluation by the think tank Education Reform Initiative following the first two weeks of distance learning noted heavy workloads for teachers, low motivation of children, and lack of access to distance learning of many students. Education organizations reported similar issues following the start of the school year in September. In November the education union Egitim Sen estimated that four million children did not have access to remote education. According to the Turkish Statistical Institute 2019 data, 96 percent of men and 86 percent of women attained primary education and 49 percent of men and 36 percent of women attained secondary education.

The Organization for Economic Cooperation and Development, in its Education at a Glance 2019 report, stated the number of young adults who attained a postsecondary education had doubled in the last decade, although it noted that nearly half of them did not complete upper secondary education.

Child Abuse: Child abuse was a problem. The law authorizes police and local officials to grant various levels of protection and support services to victims of violence or to those at risk of violence. Nevertheless, children’s rights advocates reported failed implementation. The law requires the government to provide services to victims, such as shelter and temporary financial support, and empowers family courts to impose sanctions on those responsible for the violence.

By law if the victim of abuse is between ages 12 and 18, molestation results in a sentence of three to eight-year prison sentence, sexual abuse in a sentence of 8 to 15 years’ imprisonment, and rape in a sentence of at least 16 years’ imprisonment. If the victim is younger than 12, conviction of molestation results in a minimum sentence of five years’ imprisonment, conviction of sexual abuse a minimum of 10 years’ imprisonment, and conviction of rape a minimum of 18 years’ imprisonment.

Government authorities increased attention on the problem of child abuse. According to Ministry of Justice statistics, courts opened 28,360 legal cases related to child sexual abuse and imposed 15,651 imprisonment sentences for child sexual abuse in the country in 2019. Child rights experts reported that the increased attention on the problem had led to greater awareness and reporting. While some activists stated that sexual abuse of children spiked during COVID-19 quarantines in May, the Istanbul, Izmir, Diyarbakir and Gaziantep Bar Associations reported that during the COVID-19 lockdowns, requests for legal representation for child abuse survivors dropped significantly. The bar associations cautioned that the drop may indicate an underreporting of child abuse cases and increased barriers to survivors’ accessing legal counseling.

Official statistics on child abuse and maltreatment have been unavailable since 2017, when the government stopped releasing data on the issue. According to Ministry of Justice statistics, 16,348 child sex abuse cases were filed in 2017.

Child, Early, and Forced Marriage: The law defines 18 as the minimum age for marriage, although children may marry at 17 with parental permission and at 16 with court approval. The law acknowledges civil and religious marriages, but the latter were not always registered with the state.

NGOs reported children as young as 12 married in unofficial religious ceremonies, particularly in poor and rural regions and among the Syrian community in the country. According to Ezgi Yaman, the secretary general of the NGO End Child Prostitution and Trafficking (ECPAT), the number of Syrian refugee families who married off their underage daughters to Turkish men as an “economic coping mechanism” increased in the wake of the COVID-19 pandemic. Statistics were unavailable because the marriages often took place unofficially. The government’s 2018 Demographic and Health Survey showed that 12 percent of Syrian girls in the country married before age 15, and 38 percent married before age 18. Early and forced marriage was particularly prevalent in the southeast, and women’s rights activists reported the problem remained serious. According to the Turkish Statistical Institute, in 2019, 5 percent of women between ages of 20 and 24 married before age 18. Local NGOs worked to educate and raise awareness among individuals in the Turkish and Syrian populations in major southeast provinces.

Women’s rights groups stated that forced marriages and bride kidnapping persisted, particularly in rural areas, although it was not as widespread as in previous years.

Sexual Exploitation of Children: The constitution requires the state to take measures to protect children from exploitation. The law criminalizes sexual exploitation of children and mandates a minimum sentence of eight years in prison. The penalty for conviction of encouraging or facilitating child prostitution is up to 10 years’ imprisonment; if violence or pressure is involved, a judge may double the sentence. The government did not publish data on rates of sexual exploitation of children.

NGOs like ECPAT noted that young Syrian female refugees were particularly vulnerable to being exploited by criminal organizations and pressured into sex work, and this practice was particularly prevalent among adolescent girls.

The age of consent for sex is 18. The law prohibits producing or disseminating child pornography and stipulates a prison sentence of up to two years as well as a fine for violations. The law provides prison sentences of up to five years for incest.

Displaced Children: Many women’s and migrant rights NGOs reported that displaced children, mostly Syrian, remained vulnerable to economic and sexual abuse.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

According to the Chief Rabbinate in Istanbul, approximately 16,000 Jews lived in the country. Some members of the community continued to emigrate or seek to obtain citizenship in a second country, in part due to concerns regarding anti-Semitism.

Jewish citizens expressed concern regarding anti-Semitism and security threats. Anti-Semitic rhetoric continued in print media and on social media throughout the year and included conspiracy theories blaming Jews and Israel for the spread of COVID-19. In March mainstream television channel A Haber featured an interview regarding the spread of COVID-19 where both the program guest and anchorman claimed that Israel intentionally spread the virus. Also in March a video showing bus passengers in Istanbul blaming Jews for COVID-19 circulated widely on social media. The same month unelected politician Fatih Erbakan stated in an interview that Zionists might be behind the pandemic.

In September the progovernment daily newspaper Sabah published an opinion piece criticizing the agreements on normalization of relations between Israel, the United Arab Emirates, and Bahrain that included several anti-Semitic tropes.

According to a Hrant Dink Foundation report on hate speech, in 2019 there were 676 published instances of anti-Jewish rhetoric in the press depicting Jews as violent, conspiratorial, and enemies of the country.

To combat anti-Semitism, the government continued to commemorate International Holocaust Remembrance Day in January, holding an event at Ankara University with participation of the minister of culture, Ministry of Foreign Affairs representatives, and members of the Jewish community. In February the government for the fifth year in a row commemorated the nearly 800 Jewish refugees who died aboard the Struma, a ship that sank off the coast of Istanbul in 1942. The governor of Istanbul, Chief Rabbi Haleva, other members of the Jewish community, and members of the diplomatic community attended the commemoration. As in 2019 President Erdogan issued public messages in celebration of the Jewish holidays of Passover, Rosh Hashanah, and Hanukkah.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law prohibits discrimination against persons with disabilities, but NGOs that advocate for persons with disabilities asserted the government did not enforce the law effectively.

The law requires all governmental institutions and businesses to provide persons with disabilities access to public areas and public transportation and allows for the establishment of review commissions and fines for noncompliance. The president declared 2020 the “year of accessibility,” with particular focus on mass transit and building entrances. The government, however, made limited progress implementing the law, and access in many cities remained restricted.

The COVID-19 pandemic exacerbated service accessibility problems for individuals with disabilities. In a September survey conducted by the Women with Disabilities Association, respondents identified lack of access to physical therapy; lack of access to medicine; closure of rehabilitation centers; and an increase in anxiety as major issues related to the pandemic.

The Ministry of Family, Labor, and Social Services is responsible for protecting persons with disabilities. The ministry maintained social service centers assisting marginalized individuals, including persons with disabilities. The majority of children with disabilities were enrolled in mainstream public schools; others attended special education centers.

The law requires all public schools to accommodate students with disabilities, although activists reported instances of such students being refused admission or encouraged to drop out of school. According to disability activists, a large number of school-age children with disabilities did not receive adequate access to education, a situation aggravated by distance learning implemented as a COVID-19 precaution. NGOs reported that public distance education programs created to enable distance learning under COVID-19 did not provide sign interpretation or subtitles for hearing impaired students. According to a March report by the Ministry of Family, Labor, and Social Services, during the 2018 school year (the latest for which data is available), 398,815 students with disabilities were in school, with 295,697 studying in regular schools and the remainder in either state-run or privately owned special education schools or classes. There were more than 14,000 teachers working in special education schools. A Ministry of Family, Labor, and Social Services program allowed individuals with autism to stay in government-run houses and offered state resources to families who were unable to attend to all the needs of their autistic children.

On December 3, the minister of family, labor, and social services announced the total number of persons with disabilities employed in the public sector was 57,000. The private sector employed around 118,000 of the two million citizens with disabilities qualified for work. An employment quota requires private-sector companies with more than 50 employees to include in their workforce at least 3 percent employees with disabilities. The public-sector quota is 4 percent. There was no information available on the implementation of fines for accountability.

The constitution provides a single nationality designation for all citizens and does not expressly recognize national, racial, or ethnic minorities except for three non-Muslim minorities: Armenian Apostolic Christians, Jews, and Greek Orthodox Christians. Other national, religious, or ethnic minorities, including Assyrians, Jaferis, Yezidis, Kurds, Arabs, Roma, Circassians, and Laz, were not permitted to exercise their linguistic, religious, and cultural rights fully.

More than 15 million citizens were estimated to be of Kurdish origin and spoke Kurdish dialects. Security force efforts against the PKK disproportionately affected Kurdish communities in rural areas throughout much of the year. Some predominantly Kurdish communities experienced government-imposed curfews, generally in connection with government security operations aimed at clearing areas of PKK terrorists (see section 1.g.).

Kurdish and pro-Kurdish civil society organizations and political parties continued to experience problems exercising freedoms of assembly and association (see section 2.b.). Hundreds of Kurdish civil society organizations and Kurdish-language media outlets closed by government decree in 2016 and 2017 after the coup attempt remained shut.

The law allows citizens to open private institutions to provide education in languages and dialects they traditionally use in their daily lives, on the condition that schools are subject to the law and inspected by the Ministry of National Education. Some universities offered elective Kurdish-language courses, and four universities had Kurdish-language departments, although several instructors in these departments were among the thousands of university personnel fired under official decrees, leaving the programs unstaffed. In July the Ministry of Education also banned students from writing theses and dissertations in Kurdish, affecting students studying in Kurdish-language departments.

The law allows reinstatement of former non-Turkish names of villages and neighborhoods and provides political parties and their members the right to campaign and use promotional material in any language; however, this right was not protected.

The law restricts the use of languages other than Turkish in government and public services. In March a trustee mayor of Batman province, appointed by the government after the arrest of elected HDP comayors on terrorism charges, removed Kurdish-language information from the municipality website and replaced bilingual pedestrian crossing signs. Batman Province’s population is more than 80 percent Kurdish, and the information removed included guidance on the city and the national government’s COVID-19 preparations. This raised some health concerns, as elderly Kurdish citizens in the southeast are less likely to speak Turkish. All tweets on the official Batman municipality Twitter feed, shared in both Turkish and Kurdish in an attempt to reach the community’s sizeable Kurdish-speaking population, were also deleted, including information on assistance to needy residents and efforts to mitigate economic concerns caused by COVID-19.

In May assailants stabbed and killed Baris Cakan in Ankara, allegedly because he was listening to Kurdish music in his car during the call to prayer. Police detained and later arrested three suspects for the killing.

On International Mother Language Day, February 21, members of parliament from the opposition CHP and HDP parties submitted questions to government officials in the Arabic, Zazaki, Kurmanchi, and Syriac languages. The parliament’s speaker’s office accepted only the Turkish-language submissions.

In October, Istanbul authorities banned a theater company for putting on a Kurdish-language adaptation of the Italian play Trumpets and Raspberries at an Istanbul municipal theater. Company members reported the theater was under police surveillance during stage preparations. The governor of Istanbul, Ali Yerlikaya, wrote on Twitter that authorities banned the play because it contained pro-PKK propaganda and that an investigation had been opened. In November the governor of Sanliurfa province also banned the play.

Although the government officially allows the use of Kurdish in private education and in public discourse, it did not extend permission for Kurdish-language instruction to public education.

Romani communities reported being subjected to disproportionate police violence and housing loss due to urban transformation projects that extended into their traditional areas of residence. Members of the Romani community also reported problems with access to education, housing, health care, and employment. Roma reported difficulty in utilizing government offers to subsidize rent on apartments due to discriminatory rental practices. In June municipality workers tore down 60 tents housing approximately 300 Roma in Cesme, Izmir. The Izmir Bar Association, which visited the site, reported that Romani families were left in destitute conditions. According to community representatives, the municipality promised to deliver trailers to replace the tents but failed to do so. Due to COVID-19 restrictions, community representatives reported that Romani children living in tent cities did not have access to education. Community representatives indicated that 96 percent of Roma were unemployed, although many had jobs in the informal economy.

The government adopted a national Romani strategy in 2016 but underfunded the initiative. Romani advocates complained there was little concrete advancement for Roma. They also reported that Romani communities were particularly hard hit by the COVID-19 pandemic and that the national government did little to provide economic assistance to the communities, particularly since most Roma worked in the informal economy as garbage collectors, flower vendors, and musicians who perform at restaurants or social events. With the imposition of restrictions aimed at slowing the spread of COVID-19 by enforcing social distancing precautions, many Roma found themselves cut off from their livelihoods and without access to the social safety net available to those who could apply for unemployment benefits.

In a statement marking International Romani Day on April 8, a group of 48 Romani organizations in the country asserted that continuing “deep discrimination and serious obstacles” prevented Roma from accessing services during the pandemic. Although national efforts largely missed the Romani community, some municipalities, notably Izmir, worked with Romani advocacy groups and made special efforts to deliver aid including food parcels, masks, and hygiene supplies.

Armenian minority groups reported a rise in hate speech and coded language directed against the Armenian community, including from high-level government officials. In a speech on May 4, President Erdogan stated, “We will not give in to terrorists, who are the leftovers of the sword.” Armenian groups noted “leftovers of the sword” is a term that had been used to indicate those who survived the mass deportation and massacre of Armenians in the final years of the Ottoman Empire.

On May 29, the widow of ethnic Armenian journalist Hrant Dink, who was murdered in 2007, and a Hrant Dink Foundation lawyer received death threats by email urging them to leave the country. Turkish police arrested two suspects in the case who were released from detention on September 21, pending trial.

After the outbreak of hostilities between Armenia and Azerbaijan on September 27, members of the Armenian minority reported increased anti-Armenian rhetoric, including in traditional and social media. Supporters of Azerbaijan staged car convoys featuring Azerbaijani flags in Istanbul near the Armenian Patriarchate and in districts with large Armenian populations. The Hrant Dink Foundation recorded a threefold increase in hate speech targeting Armenians in the week of September 27-October 5, citing more than 1,000 news reports and commentary featuring anti-Armenian language meeting the organization’s criteria for hate speech. On October 5, HDP MP and ethnic Armenian Turk Garo Paylan stated he had been threatened and noted that a progovernment think tank had placed newspaper ads calling him a spy for supporting Armenia. Government officials strongly condemned intimidation of ethnic Armenians and committed to protect the minority. Police increased presence in Istanbul neighborhoods with significant ethnic Armenian populations.

During the year LGBTI individuals experienced discrimination, intimidation, and violent crimes. Human rights groups reported that police and prosecutors frequently failed to pursue cases of violence against LGBTI persons or accepted justification for perpetrators’ actions. Police rarely arrested suspects or held them in pretrial detention, as was common with other defendants. When arrests were made, defendants could claim “unjustifiable provocation” under the penal code and request a reduced sentence. Judges routinely applied the law to reduce the sentences of persons who killed LGBTI individuals. Courts of appeal previously upheld these verdicts based in part on the “immoral nature” of the victim. LGBTI advocates reported that police detained transgender individuals engaged in sex work to extract payoffs and that courts and prosecutors created an environment of impunity for attacks on transgender persons involved in sex work.

In June the LGBTI advocacy organization Kaos Gay and Lesbian Cultural Research and Solidarity Association (KAOS-GL) released information regarding 150 self-reported attacks on LGBTI individuals in 2019. The number of reports collected via an online survey increased from 62 the previous year. According to available data, 129 attacks took place in public space, and 41 included multiple attackers. In one-half of the incidents, bystanders did not get involved, and in one-quarter, onlookers sided with the attackers. Only 26 attacks were reported to police, reportedly due to victims’ lack of confidence in effective action and fears of discrimination by police.

In July the Mersin-based LGBTI-rights NGO 7 Color Association, as part of its yearly report on LGBTI human rights abuses in the southeast, indicated that public servants perpetrated 30 percent of the 132 hate speech and discriminatory incidents against LGBTI individuals reported in the cities of Adana, Mersin, Hatay, Antep, and Antalya.

In April a transgender woman, Ajda Ender, reported she was forced to flee her residence because of death threats and physical assaults from her neighbors. Ender reported that police refused to accept her complaint and used transphobic speech when she applied for help. Ender fled to a friend’s apartment where neighbors also reacted with transphobic threats.

While the law does not explicitly criminalize LGBTI status or conduct, provisions of law concerning “offenses against public morality,” “protection of the family,” and “unnatural sexual behavior” sometimes served as a basis for abuse by police and discrimination by employers.

Numerous LGBTI organizations reported a continued sense of vulnerability as restrictions on their freedom of speech, assembly, and association continued. LGBTI advocates also described a “frightening” rise in hate speech of a “fundamentally different character” following controversial remarks by the president of the Directorate of Religious Affairs (Diyanet) and subsequent support for the Diyanet president from high-ranking government officials, including the president. On April 24, during a sermon to mark the beginning of Ramadan, the head of the Diyanet, Ali Erbas, said, “Islam cursed homosexuality” as ‘a great sin’ that “causes diseases and decays lineages.” Erbas also called on followers to unite to “fight this kind of evil.” Supportive segments of the populace posted on social media under the top-trending hashtag #AliErbasYalnizdegildir (Ali Erbas is not alone). Several rights groups and bar associations filed criminal complaints and criticized the remarks, drawing a strong reaction from ruling AKP officials. The Ankara Prosecutor’s Office launched an investigation against the Ankara Bar Association for “insulting religious values” after it condemned Erbas’ remarks in a statement. The prosecutor’s office declined to investigate the bar association’s complaint against the Diyanet.

Anti-LGBTI rhetoric also featured prominently in public debates around the country’s potential withdrawal from the Council of Europe Istanbul Convention on preventing and combating violence against women and domestic violence. Commentators in favor of withdrawal generally pointed to the convention’s reference to equal protection for victims regardless of sexual orientation or gender identity as being inconsistent with Turkish values.

High-level government officials employed anti-LGBTI speech. In June the director of communications of the Presidency, Fahrettin Altun, wrote on Twitter, “LGBT propaganda poses a great threat to freedom of speech.” President Erdogan warned against “those who exhibit all kinds of perversion that our God prohibits” during a television interview the same month.

In July the Radio and Television Supreme Council refused to grant a license to a Turkish television drama featuring an LGBTI character in development by Netflix. Netflix cancelled the production.

In November the Malatya municipality cancelled the planned 10th Malatya International Film Festival after festival organizers announced they would award a “gender-neutral” best performance award instead of best actor and actress awards. The municipality stated that the term “gender-neutral” offended its values.

In December press reported that the Ministry of Trade Board of Advertisement notified Turkish online retailers via letter that companies must label LGBTI pride products featuring rainbows or other LGBTI pride symbols with an 18+ warning to protect “children’s mental, moral, psychologic, and social development.”

The criminal code does not include specific protections based on sexual orientation or gender identity. The law allows for up to three years in prison for hate speech or injurious acts related to language, race, nationality, color, gender, disability, political opinion, philosophical belief, religion, or sectarian differences. Human rights groups criticized the law’s failure to include protections based on gender identity and noted it was sometimes used to restrict freedom of speech and assembly rather than to protect minorities. LGBTI definitions were not included in the law, but authorities reported a general “gender” concept in the constitution provides for protections for LGBTI individuals. KAOS-GL maintained that, due to the law’s failure to recognize the existence of LGBTI individuals, authorities did not provide them social protection.

KAOS-GL reported that some LGBTI individuals were unable to access health services or faced discrimination. Some LGBTI individuals reported they believed it necessary to hide their identities, faced mistreatment by health-service providers (in many cases preferring not to request any service), and noted that prejudice against HIV-positive individuals negatively affected perceptions of the LGBTI community. In August press reports alleged that an LGBTI individual was refused treatment at a hospital in Istanbul by the doctor on duty, who employed homophobic comments. Multiple sources reported discrimination in housing, since landlords refused to rent to LGBTI individuals or charged them significantly higher prices.

During the year LGBTI groups held virtual pride month events in keeping with safe social-distancing practices due to the COVID-19 outbreak. In previous years governors banned pride marches in Ankara, Antalya, Istanbul, Izmir, Gaziantep, and Mersin, citing public safety concerns. In 2019 the Constitutional Court found that Ankara’s blanket ban on LGBTI events, in place since 2017, was illegal. In August a court in Mersin rejected a legal challenge launched by KAOS-GL to the governor’s ban on the 2019 pride march.

Some LGBTI groups reported harassment by police, government, and university authorities. University groups complained that rectors denied them permission to organize, and some indicated they faced administrative investigations or other sanctions for participating in events. In July an Ankara administrative court found that the ban on the 2019 pride march imposed by the rector of Middle East Technical University was unlawful. The university had not challenged the decision at year’s end. Criminal cases against the 18 students and one faculty member arrested for organizing the pride march in 2019 continued; the defendants faced up to three years in prison. The court held a hearing on December 10, but the court declined to issue a ruling and scheduled another hearing for April 2021. Organizers reported that the arrested students were ineligible for scholarship and educational loans while the case continued.

LGBTI organizations reported the government used regular and detailed audits against them to create administrative burdens and threatened the possibility of large fines.

Dating and social networking sites catering to the LGBTI community faced content blocks. In August an Ankara court imposed an access ban on the social networking site Hornet and in September on the dating site Gabile.com. Authorities have blocked the dating site and application Grindr since 2013.

Many persons with HIV and AIDS reported discrimination in access to employment, housing, public services, benefits, and health care. Rights organizations noted that the country lacked sufficient laws protecting persons with HIV and AIDS from discrimination and that there were legal obstacles to anonymous HIV testing. Due to pervasive social stigma against persons with HIV and AIDS, many individuals avoided testing for HIV due to fear the results would be used against them. Human rights advocates reported that some employers required HIV/AIDS testing prior to employment to screen positive applicants. In September the Pozitif-iz Association reported that it received 89 complaints of human rights violations in 2018-19, the majority related to health service provider discrimination. The NGO also observed that HIV-positive individuals faced systemic discrimination in the workplace.

The government launched an HIV/AIDS control program for 2019-24 to raise awareness and combat risk factors. The government also implemented HIV/AIDS education into the national education curriculum.

Alevis and Christians, including Armenian Apostolics, remained the subject of hate speech and discrimination. The term “Armenian” remained a common slur. Attacks on minority places of worship, however, were rare.

According to the Hrant Dink Foundation’s 2019 Media Watch on Hate Speech Report, an analysis of national and local newspapers found 5,515 instances of published hate speech that targeted national, ethnic, and religious groups. The most targeted groups were Armenians, Syrians, Greeks, and Jews.

Atheists also remained the subject of intimidation in media, albeit at a lower level relative to other religious minorities.

Conditional refugees and displaced Syrians under temporary protection also faced increased societal discrimination and violence during the year (see section 2.d.).

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions, bargain collectively, and conduct legal strikes, but it places significant restrictions on these rights. The law prohibits antiunion discrimination and discourages employers for terminating workers involved in union activities. In particular the law requires employers to either reinstate a worker fired for participating in union activity or pay a fine equal to one year of the affected worker’s salary. Some public-sector employees, such as senior officials, magistrates, members of the armed forces, and police, may not form or join unions.

The law provides some workers the right to strike. In particular public-sector workers who are responsible for safeguarding life and property as well as workers in the essential areas (coal mining and petroleum industries, hospitals and funeral industries, urban transportation, energy and sanitation services, national defense, banking, and education) do not have the right to strike. Instead, while the law allows some essential workers to bargain collectively, the law requires the workers to resolve disputes through binding arbitration rather than strikes.

A 2014 the Constitutional Court ruling that bankers and municipal transport workers have the right to strike remains in force. The law further allows the government to deny the right to strike in any situation that represents a threat to public health or national security. On October 9, the government issued an executive order prohibiting workers at the multinational glass manufacturer Sisecam in Mersin from striking, noting the strike would disrupt general public health and security.

The government also maintains a number of restrictions on the right of association and collective bargaining. The law requires labor unions to notify government officials prior to meetings or rallies, which must occur in officially designated areas, and allows government representatives to attend their conventions and record the proceedings.

The law requires a minimum of seven workers to establish a union without prior approval. To become a bargaining agent, a union must represent 40 percent of the worksite employees and 1 percent of all workers in that particular industry. The law prohibits union leaders from becoming officers of or otherwise performing duties for political parties. The law also prohibits union leaders from working for or being involved in the operation of any profit-making enterprise. As of March, 67 percent of public-sector employees and 14 percent of private-sector employees were unionized. Nonunionized workers, such as migrants and domestic servants, are not covered by collective bargaining laws.

The government did not enforce laws related to collective bargaining and freedom of association effectively in many instances (e.g., penalties were not consistently commensurate with those provided under other laws involving denials of civil rights). Labor courts functioned effectively and relatively efficiently, although as with other courts, the appeals process could often last for years. If a court ruled that an employer had unfairly dismissed a worker and should either reinstate or compensate the individual, the employer generally paid compensation to the employee along with a fine.

The 19 unions and confederations shut down under the 2016-18 state of emergency, at times due to alleged affiliations with the Gulen movement, remained closed.

The government and employers interfered with freedom of association and the right to collective bargaining. Government restrictions and interference limited the ability of some unions to conduct public and other activities. According to the most recent information available from the government, as of May 2019, the rate of security force interference in labor union marches and demonstrations was 0.8 percent, below the 2 percent rate of intervention in 2016. Police frequently attended union meetings and conventions. In addition some unions reported that local authorities prohibited public activities, such as marches and press conferences.

Employers used threats, violence, and layoffs in unionized workplaces. Unions stated that antiunion discrimination occurred regularly across sectors. Service-sector union organizers reported that private-sector employers sometimes ignored the law and dismissed workers to discourage union activity. Many employers hired workers on revolving contracts of less than a year’s duration, making them ineligible for equal benefits or bargaining rights.

The government instituted a ban on lay-offs during the COVID-19 crisis that in some cases resulted in the employees being compelled to take leave without pay or earn less than minimum wage. Some companies instituted COVID-19 precautions, including prohibiting workers from leaving and returning to a worksite for extended periods of time. In April workers at a Cengiz Holding construction site of a railway in Diyarbakir staged a protest after reportedly being prohibited from leaving the worksite for more than 15 days and compelled to work 14-hour days during the outbreak.

b. Prohibition of Forced or Compulsory Labor

The law generally prohibits all forms of forced or compulsory labor, but the government enforced such laws unevenly. Penalties for violations were not consistently commensurate with those for other serious crimes. Forced labor generally did not occur, although some local and refugee families required their children to work on the streets and in the agricultural or industrial sectors to supplement family income (see section 7.c.).

Women, refugees, and migrants were vulnerable to labor trafficking. Although government efforts to prevent trafficking continued with mixed effect, authorities made improvements in identifying trafficking victims nationwide. The government did not release data on the number of arrests and convictions related to trafficking.

The government implemented a work permit system for registered Syrian adults with special temporary protected status; however, applying for a work permit was the responsibility of the employer, and the procedure was sufficiently burdensome and expensive that relatively few employers pursued legally hiring refugees. As a consequence the vast majority of both conditional refugees and Syrians under special temporary protection remained without legal employment options, leaving them vulnerable to exploitation, including illegally low wages, withholding of wages, and exposure to unsafe work conditions.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law allows children to perform light work that does not interfere with their school attendance from age 14 and establishes 16 as the minimum age for regular employment. The law prohibits children younger than 16 from performing arduous or dangerous work. The government prohibited children younger than 18 from working in certain professions or under hazardous conditions.

The government did not effectively enforce child labor laws but made efforts to address the problem. Penalties for violations were sufficiently stringent compared with those for other serious crimes. Resources and inspections were insufficient to effectively monitor and enforce prohibitions against the use of child labor. In the absence of a complaint, inspectors did not generally visit private agricultural enterprises that employed 50 or fewer workers, resulting in enterprises vulnerable to child labor exploitation.

Illicit child labor persisted, including in its worst forms, fostered in part by large numbers of Syrian refugees and the pandemic driving more family members to seek employment. Child labor primarily took place in seasonal agriculture (e.g., hazelnuts), street work (e.g., begging), and small or medium industry (e.g., textiles, footwear, and garments), although the overall scale of the problem remained unclear, according to a wide range of experts, academics, and UN agencies engaged on the issue. Parents and others sent Romani children to work on the streets selling tissues or food, shining shoes, or begging. Such practices were also a significant problem among Syrian and Afghan refugee children. The government implemented a work permit system for registered adult Syrian refugees with temporary protection status, but many lacked access to legal employment; some refugee children consequently worked to help support their families, in some cases under exploitative conditions. According to data from the Ministry of Family, Labor, and Social Services, in 2019, a total of 27 workplaces were fined for violating rules prohibiting child labor.

Also see the Department of Labor’s List of Goods Produced by Child Labor or Forced Labor at https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods .

d. Discrimination with Respect to Employment and Occupation

The law does not explicitly address discrimination due to sexual orientation, gender identity, color, national origin or citizenship, social origin, communicable disease status, or HIV-positive status. The labor code does not apply to discrimination in the recruitment phase. Discrimination in employment or occupation occurred with regard to sex, ethnicity, religion, sexual orientation, HIV-positive status, and presence of a disability. Sources also reported frequent discrimination based on political affiliation and views. Penalties were not consistently commensurate with those for other civil rights violations.

Women faced discrimination in employment and were generally underrepresented in managerial-level positions in business, government, and civil society, although the number of women in the workforce increased compared with previous years. According to the Turkish Statistics Institute, the employment rate for women in 2019 was 34 percent (an increase from 28 percent in 2016), corresponding to 10.7 million women, compared with 72 percent employment for men. The World Economic Forum’s Global Gender Gap Report 2020 published in December 2019 recorded that 37.5 percent of women participated in the labor force, compared with 36.1 percent in 2018. Research by Confederation of Progressive Trade Unions of Turkey Research Center concluded that the COVID-19 pandemic disproportionally affected women’s labor force participation.

For companies with more than 50 workers, the law requires that at least 3 percent of the workforce consist of persons with disabilities, while in the public sector, the requirement is 4 percent. Despite these government efforts, NGOs reported examples of discrimination in employment of persons with disabilities.

LGBTI individuals faced particular discrimination in employment. Employment laws allow the dismissal of public-sector employees found “to act in a shameful and embarrassing way unfit for the position of a civil servant,” while some statutes criminalize the vague practice of “unchastity.” KAOS-GL and other human rights organizations noted that some employers used these provisions to discriminate against LGBTI individuals in the labor market, although overall numbers remained unclear.

e. Acceptable Conditions of Work

The national minimum wage was greater than the estimated national poverty level.

The law establishes a 45-hour workweek with a weekly rest day. Overtime is limited to three hours per day and 270 hours a year. The law mandates paid holiday/leave and premium pay for overtime but allows for employers and employees to agree to a flexible time schedule. The Ministry of Family, Labor, and Social Services’ Labor Inspectorate effectively enforced wage and hour provisions in the unionized industrial, service, and government sectors. Workers in nonunionized sectors had difficulty receiving overtime pay to which they were entitled by law. The law prohibits excessive compulsory overtime. Government-set occupational safety and health (OSH) standards were not always up to date or appropriate for specific industries.

The government did not effectively enforce laws related to the minimum wage, working hours, and OSH in all sectors. The law did not cover workers in the informal economy, which accounted for an estimated 25 percent of GDP and more than one-quarter of the workforce. Penalties for violations were not consistently commensurate with those for similar crimes.

OSH violations were particularly common in the construction and mining industries, where accidents were frequent and regulations inconsistently enforced. The Assembly for Worker Health and Safety reported at least 1,488 workplace deaths during the first nine months of the year. These figures included COVID-19-related deaths. In many sectors workers could not remove themselves from situations that endangered their health or safety without jeopardizing their employment, and authorities did not effectively protect vulnerable employees. Overall, numbers of labor inspectors remained insufficient to enforce compliance with labor laws across the country. Inspectors were able to make unannounced inspections and initiate sanctions.

OSH laws and regulations covered both contract and unregistered workers but did not sufficiently protect them. Migrants and refugees working in the informal sector remained particularly vulnerable to substandard work conditions in a variety of sectors, including seasonal agriculture, industry, and construction. A majority of conditional refugees and Syrians under temporary protection were working informally, as employers found too burdensome the application process for work permits (see section 2.f., Protection of Refugees).