An official website of the United States Government Here's how you know

Official websites use .gov

A .gov website belongs to an official government organization in the United States.

Secure .gov websites use HTTPS

A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

Fiji

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law recognizes rape, including spousal rape, as a crime and provides for a maximum punishment of life imprisonment for rape. The law recognizes spousal rape as a specific offense. Rape (including spousal rape), domestic abuse, incest, and sexual harassment were significant problems. There was a large increase in reports of rape during the year, due in part to greater awareness that spousal rape is a crime.

The law defines domestic violence as a specific offense. Police practice a “no-drop” policy, whereby they are required to pursue investigations of domestic violence cases even if a victim later withdraws the accusation. Nonetheless, women’s organizations reported police did not consistently follow this policy. Courts dismissed some cases of domestic abuse and incest or gave perpetrators light sentences. In May police completed an investigation into a case of incest and rape of a 12-year-old girl but had not filed charges by year’s end. Traditional and religious practices of reconciliation between aggrieved parties in both indigenous and Indo-Fijian communities were sometimes utilized to mitigate sentences for domestic violence. In some cases authorities released offenders without a conviction on condition they maintained good behavior.

Sexual Harassment: The law prohibits sexual harassment, and the government used criminal law against “indecent assaults on females,” which prohibits offending the modesty of women, to prosecute sexual harassment cases.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: Women have full rights of inheritance and property ownership by law, but local authorities often excluded them from the decision-making process on disposition of indigenous communal land, which constituted more than 80 percent of all land. Women have the right to a share in the distribution of indigenous land lease proceeds, but authorities seldom recognized this right. Women have the same rights and status as men under family law and in the judicial system. Nonetheless, women and children had difficulty receiving protection orders enforced by police in domestic violence cases.

Although the law prohibits gender-based discrimination and requires equal pay for equal work, employers generally paid women less than men for similar work (see section 7.d.).

Children

Birth Registration: Citizenship is derived both from birth within the country and through one’s parents. Parents generally registered births promptly.

Child Abuse: Corporal punishment was common in schools, despite a Ministry of Education policy forbidding it in the classroom. Increasing urbanization, overcrowding, and the breakdown of traditional community and extended family structures put children at risk for abuse and appeared to be contributing factors to a child’s chance of exploitation for commercial sex. The government continued its public awareness campaign against child abuse.

Early and Forced Marriage: The legal minimum age for marriage is 18 years. Some NGOs reported that, especially in rural areas, girls often married at age 18, preventing them from completing their secondary school education. In indigenous villages, girls younger than age 18 who became pregnant could live as common-law wives with their child’s father after the man presented a traditional apology to the girl’s family, thereby avoiding the filing of a complaint to police by the family. The girls frequently married the fathers as soon as legally permissible.

Sexual Exploitation of Children: Commercial sexual exploitation of children continued. It is an offense for any person to buy or hire a child younger than age 18 years for sex, exploitation in prostitution, or other unlawful purpose; the offense is punishable by a maximum 12 years’ imprisonment. No prosecutions or convictions for trafficking of children occurred during the year.

It is an offense for a householder or innkeeper to allow commercial sexual exploitation of children in his or her premises. There were no known prosecutions or convictions for such offenses during the year.

Some high-school-age children and homeless and jobless youth were trafficked for commercial sex during the year, and there were reports of child sex tourism in tourist centers, such as Nadi and Savusavu.

The minimum age for consensual sex is 16 years. The court of appeals has ruled that 10 years is the minimum appropriate sentence for child rape, but police often charged defendants with “defilement” rather than rape because defilement was easier to prove in court. Defilement or unlawful carnal knowledge of a child younger than age 13 has a maximum penalty of life imprisonment, while the maximum penalty for defilement of a child age 13 to 15, or of a person with intellectual disabilities, is 10 years’ imprisonment.

Child pornography is illegal. The maximum penalty is 14 years in prison, a fine of F$25,000 ($11,800), or both for a first offense; and life imprisonment, a maximum fine of F$50,000 ($23,600); or both for a repeat offense, and the confiscation of any equipment used in the commission of the crime.

The law requires mandatory reporting to police by teachers and health and social welfare workers of any incident of child 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.html.

Anti-Semitism

There was a small Jewish community composed primarily of foreign residents. There were no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

Discrimination against persons with disabilities is illegal. The constitution addresses specifically the right of persons with disabilities to reasonable access to all places, public transport, and information, as well as the rights to use braille or sign language and to reasonable access to materials and devices related to the disability; the law, however, does not further define “reasonable.” Moreover, the constitution provides that the law may limit these rights “as necessary.” Statutes provide for the right of access to places and all modes of transport generally open to the public. Public health regulations provide penalties for noncompliance, but there was minimal enabling legislation on accessibility for persons with disabilities, and there was little or no enforcement of laws protecting them.

Building regulations require new public buildings to be accessible to persons with disabilities, but only a few buildings met this requirement. By law all new office spaces must be accessible to persons with disabilities. Persons with disabilities continued to face employment discrimination (see section 7.d.). There were no government programs to improve access to information and communications for persons with disabilities, and persons with disabilities, in particular those with hearing or vision disabilities, had difficulty accessing public information. Parliament continued to televise its sessions in sign language to improve access for persons with hearing disabilities.

There were a number of separate schools offering primary education for persons with physical, intellectual, and sensory disabilities; however, cost and location limited access. Some students attended mainstream primary schools, and the nongovernmental Early Intervention Center monitored them. Opportunities were very limited for secondary school or higher education for persons with disabilities.

The law stipulates that the community, public health, and general health systems provide treatment for persons with mental and intellectual disabilities, although families generally supported persons with such disabilities at home. Institutionalization of persons with more significant mental disabilities was in a single, underfunded public facility in Suva.

The Fijian Elections Office continued to maintain a website accessible to the disability community, including text-to-speech capability, large type, and an inverted color scheme. In 2016 the office signed an agreement with the Pacific Disability Forum and the Fiji National Council for Disabled Persons to create an Elections Disability Access Working Group to improve political participation by the country’s disability community. The national council, a government-funded statutory body, worked to protect the rights of persons with disabilities. The office implemented new procedures to facilitate the voting process for the November 14 election for voters with disabilities.

National/Racial/Ethnic Minorities

Tension between indigenous Fijians and the Indo-Fijian minority was a longstanding problem. As of July 2017, indigenous Fijians comprised an estimated 58 percent of the population, Indo-Fijians 36 percent, and the remaining 6 percent was composed of Europeans, Chinese, Rotumans, and other Pacific Islander communities. The government publicly stated its opposition to policies that provide “paramountcy” to the interests of indigenous Fijians and Rotumans, which it characterized as racist, and called for the elimination of discriminatory laws and practices that favor one race over another. Although Indo-Fijians dominated the commercial sector, indigenous Fijians continued to dominate the security forces.

Land tenure remained a highly sensitive and politicized topic. Indigenous Fijians communally held approximately 87 percent of all land; the government, 4 percent; and the remainder was freehold land held by private individuals or companies. Most cash-crop farmers were Indo-Fijians, the majority of whom are descendants of indentured laborers who came to the country during the British colonial era. Almost all Indo-Fijian farmers must lease land from ethnic Fijian landowners. Many Indo-Fijians believed this limited their ability to own land and their consequent dependence on leased land from indigenous Fijians constituted de facto discrimination against them. Many indigenous Fijian landowners believed the rental formulas prescribed in national land tenure legislation discriminated against them as the resource owners.

By law all indigenous Fijians are automatically registered upon birth into an official register of native landowners known as the Vola ni Kawa Bula (native land register). The register also verifies access for those in it to indigenous communally owned lands and justifies titleholders within indigenous communities.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

The constitution prohibits discrimination on the grounds of sexual orientation, gender, and gender identity and expression. The law prohibits discrimination in employment based on sexual orientation. Nevertheless, the FHRADC reported complaints of discrimination against lesbian, gay, bisexual, transgender, and intersex persons in such areas as employment, housing, or access to health care.

In November authorities arrested Saula Temo and charged him in the May death of a transgender man in a suspected hate crime. The case was pending at year’s end.

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits employment discrimination. The law stipulates that every employer pay male and female workers equal remuneration for work of equal value. The law prohibits women working underground in mines but places no other legal limitations on the employment of women. Under the law workers may file complaints on the ground of sexual harassment in the workplace.

Limited data were available on the government’s antidiscrimination provisions and its enforcement. Penalties for employment discrimination include fines and imprisonment and are generally sufficient to deter violations.

Discrimination in employment and wages occurred with respect to women and persons with disabilities. Women generally received less pay than men for similar work. According to the Asian Development Bank, approximately 30 percent of the economically active female population engaged in the formal economy, and a large number of these women worked in semisubsistence farming or were self-employed. By law women have full rights of inheritance and property ownership of indigenous communal land, which constituted more than 80 percent of all land, but authorities seldom recognized this right (see section 6). The nongovernmental Fiji Disabled People’s Association reported most persons with disabilities were unemployed due to lack of access, insufficient education and training, and discrimination by employers.

Finland

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law criminalizes rape, including spousal rape, and the government enforced the law effectively. Rape is punishable by up to four years’ imprisonment. If the offender used violence, the offense is considered aggravated, and the penalty may be more severe. The maximum penalties are six years’ imprisonment for rape and 10 years for aggravated rape. All sexual offenses against adults, except sexual harassment, are subject to public prosecution. Sexual offenses against a defenseless person (intoxicated or with a disability) are considered as severe as rape.

Authorities may prosecute domestic abuse under various criminal laws, including laws prohibiting rape, assault and battery, harassment, and disturbing the peace. The penalty for physical domestic violence ranges from a minimum of six months to a maximum of 10 years in prison.

Violence against women, including spousal abuse, continued to be a problem, as one out of every five women reported in a survey by the Ministry of Interior in May that they have been a victim of intimate partner violence. In July the Helsinki District Court found a man guilty in the strangling death of a woman and sentenced him to life in prison. Courts had convicted the man on three prior occasions for killing women by strangulation; he had been released after completing his prison sentence on each occasion.

The government body that manages shelters for victims of domestic violence reported a 9-percent increase in demand for its services in 2017 over the previous year, and victim rights nongovernmental organizations (NGOs) highlighted lack of sufficient shelter space as a high priority. The national police carried out a number of new training initiatives to improve response to domestic violence complaints and emphasize a victim-centered approach to early abuse investigations. According to Statistics Finland, in 2017 approximately 69 percent of the victims of domestic and intimate-partner violence were women.

The government encouraged women to report rape and domestic violence and provided counseling, shelters, and other support services to survivors.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C under the statutes for assault, aggravated assault, and minor assault, although prosecutors have never indicted any perpetrators under the relevant statutes. The law considers the risk of being compelled to undergo FGM/C sufficient grounds for asylum. NGOs reported cases in which citizens were taken abroad for the purpose of undergoing FGM/C. Police reported they were investigating a small number of cases of suspected FGM/C, although no cases went to trial by year’s end.

Sexual Harassment: The law defines sexual harassment as a specific, punishable offense with penalties ranging from fines up to six months’ imprisonment. Employers who fail to protect employees from workplace harassment are subject to the same penalties. The prosecutor general is responsible for investigating sexual harassment complaints. The government generally enforced the law.

On June 18, the Helsinki District Court fined Teuvo Hakkarainen, a member of parliament from the True Finns Party, 3,060 euros ($3,520) for assault and sexual harassment of his fellow parliamentarian, Veera Ruoho  (National Coalition Party). According to True Finns’ parliamentary leader Leena Meri, the group contemplated no further disciplinary action against Hakkarainen, although party chairman Jussi Halla-aho promised to “talk” to Hakkarainen about the matter. The prosecutor announced he would appeal the sentence.

A survey published in February by the Confederation of Finnish Industries reported that 12 percent of the female respondents and 2 percent of the male respondents had experienced sexual harassment during the preceding year.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: The law provides for the same legal status and rights for women as for men. The government enforced the law effectively.

Children

Birth Registration: A child generally acquires citizenship at birth through one or both parents. A child can also acquire citizenship at birth if the child is born in the country and meets certain other criteria, such as if the parents have refugee status in the country or if the child is not eligible for any other country’s citizenship. A local registration office records all births immediately.

Child Abuse: The law prohibits child abuse, defining children as individuals younger than age 16. The law defines rape of a minor (younger than 18 years) as aggravated rape. Rape of a child carries a minimum penalty of one-year imprisonment and a maximum of six years. Child negligence and physical or psychological violence carry penalties of up to six months in prison and up to two years in prison, respectively. Aggravating factors may increase the length of the prison term.

Early and Forced Marriage: The minimum age of marriage is 18, but the law allows exceptions. Minors who want to marry must submit an application to the Ministry of Justice providing a justification based on religious beliefs, cultural practices, or pregnancy. The minister of justice makes the final ruling on whether to approve a request to marry.

Sexual Exploitation of Children: The country prohibits the commercial sexual exploitation of children, including the sale, offering, or procuring of children for prostitution, and child pornography. The law prohibits purchase of sexual services from minors and covers “grooming” (enticement of a child), including in a virtual environment or through mobile telephone contacts. Authorities enforced the law effectively.

The minimum age for consensual sex is 16. The law regards a person whose age cannot be determined, but who can reasonably be assumed to be younger than 18, as a child.

From January to March, police received 329 reports of sexual exploitation of children, an increase of 17.9 percent over the same period in 2017. The MTV television station reported that on July 20 the Northern Karelian District Court convicted a 51-year-old man of six counts of sexual exploitation of children between the ages of 10 and 13. The court also convicted him of the aggravated sexual assault of a minor close relative. The court sentenced the man to three years and 10 months in prison.

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.html.

Anti-Semitism

Government statistics and Jewish leaders place the size of the Jewish population between 1,500 and 2,500 individuals, most living in the Helsinki area.

The Jewish community continued to be the target of harassment, with anti-Semitic acts accounting for 3.8 percent of all hate crimes reported in 2017, despite Jews’ making up less than 1 percent of the population. High-profile Jewish sites in Helsinki were regular targets for graffiti during the year.

Major consumer brands continued to boycott the Karkkainen chain of department stores due to anti-Semitic public statements by the company’s owner, Juha Karkkainen. Karkkainen funded the newspaper KauppaSuomi, a periodical with a claimed circulation of 270,000, which published anti-Semitic editorials.

In response to reports in 2017 about the high number of hate crimes targeting the Jewish population, on January 14, then-speaker of parliament Maria Lohela spoke publically at an event at the Helsinki Synagogue and pledged the government’s support to defend all Jews in the country.

Trafficking in Persons

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

Persons with Disabilities

The constitution and law prohibit discrimination against persons with disabilities in all fields, including the provision of state services. The government effectively enforced these provisions.

Authorities generally enforced laws mandating access to buildings for persons with disabilities, although many older buildings remained inaccessible. Despite public notifications from the Ministry of Justice regarding a need for accessible polling facilities, disabled voters continued to encounter inaccessible polling stations or stations where they had to compromise the secrecy of their ballot in order to vote.

Most forms of public transportation were accessible, but problems continued in some geographically isolated areas.

National/Racial/Ethnic Minorities

The law does not include a specific “hate crime” statute; instead, the presence of racism as a motive is considered a factor in sentencing. In 2017, the most recent year for which data were available, official police figures recorded 1,165 complaints of crimes motivated by discrimination based on ethnicity, an 8 percent increase compared to 2016 but on par with 2015 levels. Among the categories of victims, the sharpest increase was seen against the Muslim population. Of these, 236 were physical assaults, 70 cases of damage to property or theft, 302 verbal assaults, and 223 other crimes.

The Romani community numbered 10,000 to 12,000 persons. They reported discrimination in employment and daily life. For example, in August a court found a taxi driver in the city of Turku guilty of ethnic discrimination after he refused to drive two Roma, a mother and child. The driver admitted in court that he denied service to the two individuals based on their ethnicity. The court fined the driver 2,800 euros ($3,220).

In addition to the Romani minority, Russian-speakers, Somalis, and Sami experienced discrimination. Persons of Somali heritage in particular reported being stopped and asked for proof of residence by police, who are empowered to enforce immigration laws. Somali-Finns also reported persistent discrimination in employment. A survey conducted by the EU Agency for Fundamental Rights in 2015-16 and released in December 2017 found 45 percent of citizens of Sub-Saharan African descent experienced discrimination.

On August 18, the NRM and the Nationalist Alliance marched in Turku to commemorate the first anniversary of a terrorist attack. At least three subnational leaders of the True Finns Party participated in the Nationalist Alliance’s march. An anti-Nazi counterdemonstration was organized to coincide with the Nationalist Alliance’s march.

The government strongly encouraged tolerance and respect for minority groups, sought to address racial discrimination, and assisted victims.

Indigenous People

The constitution provides for the protection of the Sami language and culture, and the government financially supported these efforts. The Sami, who constituted less than 0.1 percent of the population, have full political and civil rights as citizens as well as a measure of autonomy in their civil and administrative affairs. A 21-member Sami parliament (Samediggi), popularly elected by the Sami, is responsible for the group’s language, culture, and matters concerning their status as an indigenous people. The Sami parliament is an independent body but operates under the purview of the Ministry of Justice. It can adopt legally binding resolutions, propose initiatives, and provide policy guidance.

Despite constitutional protections, members of the Sami community continued to protest a lack of explicit laws safeguarding Sami land, resources, language, and economic livelihood and to call for greater inclusion in political decision-making processes. The Sami parliament and the Ministry of Justice sought to resolve ongoing disagreements concerning criteria for membership in the Sami community and voting rights.

Sami activists continued to dispute the 2017 law restricting traditional fishing practices in the Teno River on the grounds they were unable to exercise their free, prior, and informed consent in its drafting. In September activists protested along the proposed route for an Arctic railroad that would connect southern Finland with either the Barents or Norwegian Sea, citing its effect of bisecting reindeer grazing land and increasing related mining activities.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

The law prohibits discrimination based on gender identity, gender expression, or sexual orientation. Nonetheless, the law requires that a transgender person present a medical statement affirming their gender identity and a certificate of infertility before the government will legally recognize their gender identity. A certificate of infertility is conditional upon medical sterilization of a transgender person. While the law prohibits “conversion therapy” in medical settings, it continued to be practiced in private and informal associations.

Other Societal Violence or Discrimination

In 2016, the latest year for which data is available, the nondiscrimination ombudsman received 891 discrimination complaints, 37 (or 4 percent) of which involved religious discrimination.

According to the Ministry of Interior’s annual report Violent Extremism in Finland–Situation Overview 1/2018, police identified 50 violent extremist offenses during 2017, including assault, ethnic agitation, and attempted aggravated assault. Of those offenses, approximately one dozen were committed by right-wing extremists, which the ministry described as having “the biggest impact on everyday security.” The ministry investigates separately offenses committed by organized national or international hate groups.

In January the Helsinki Court of Appeal extended by three months the two-year prison sentence given to NRM leader Jesse Torniainen for aggravated assault against a counterprotester, who later died, at the Helsinki Railway Square in 2016.

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The Center for Occupational Safety (OSHA) received 545 reports of work place discrimination in 2017. Of the reports that resulted in further inspection, 9 percent concerned ethnicity, nationality, language, or religion while 13 percent involved alleged discrimination based on age, disability, sexual orientation, or gender. The government effectively enforces applicable laws against employment discrimination.

France

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law criminalizes rape, including spousal rape, and the government generally enforced the law effectively. The penalty for rape is 15 years’ imprisonment, which may be increased. The government and NGOs provided shelters, counseling, and hotlines for rape survivors.

The law prohibits domestic violence against women and men, including spousal abuse, and the government generally enforced the law effectively. The penalty for domestic violence against either gender varies from three years in prison and a fine of 45,000 euros ($51,800) to 20 years in prison.

In November 2017 the government’s Interministerial Agency for the Protection of Women against Violence and Combatting Human Trafficking (MIPROF) published data that, between 2012 and 2017, an annual average of 225,000 women between the ages of 18 and 75 declared they had been victims of physical or sexual violence at the hands of a partner or former partner. MIPROF reported that, over the same period, an annual average of 93,000 women declared they had been victims of rape or attempted rape.

On December 6, the National Observatory of Crime and Criminal Justice, an independent public body, and the National Institute of Statistics and Economic Studies (INSEE) published a joint study showing that the number of persons who consider themselves victims of sexual violence committed by a person who does not live with them increased sharply in 2017 to 265,000 from 173,000 in 2016.

The government sponsored and funded programs for women victims of violence, including shelters, counseling, hotlines, free mobile phones, and a media campaign. The government also supported the work of 25 associations and NGOs dedicated to addressing domestic violence.

The government implemented its 2017-19 interministerial plan to address violence against women. The program’s three main objectives are ensuring women’s access to rights; strengthening public action to protect the most vulnerable groups, such as children, young women, and women living in rural regions; and uprooting the culture of sexism. On September 30, the government launched a four million euro ($4.6 million) television campaign aimed at persons who have witnessed sexual or domestic violence.

Female Genital Mutilation/Cutting (FGM/C): FGM/C was practiced in the country, particularly within diaspora communities. Various laws prohibit FGM/C and include extraterritorial jurisdiction, allowing authorities to prosecute FGM/C, which is punishable by up to 20 years in prison, even if it is committed outside the country. The government provided reconstructive surgery and counseling for FGM/C victims.

According to the latest statistics available from the Ministry of Gender Equality, 53,000 FGM/C victims resided in the country. The majority were recent immigrants from sub-Saharan African countries where FGM/C was prevalent and where the procedure was performed. According to the Group against Sexual Mutilation, 350 excisions were performed in the country each year.

Sexual Harassment: The law prohibits gender-based harassment in the workplace. Sexual harassment is defined as “subjecting an individual to repeated acts, comments, or any other conduct of a sexual nature that are detrimental to a person’s dignity because of their degrading or humiliating character, thereby creating an intimidating, hostile, or offensive environment.”

On August 1, parliament passed a law against “sexual and sexist violence” that provides for on-the-spot fines of 90 to 750 euros ($103 to $860) for persons who sexually harass others on the street (including by wolf whistling), and up to 3,000 euros ($3,450) if there are aggravating circumstances. The law covers sexual or sexist comments and behavior that is degrading, humiliating, intimidating, hostile, or offensive. The bill also increases sanctions for cyberstalking and prohibits taking pictures or videos under someone’s clothes without consent, which is punishable by up to one year in prison and a fine of 15,000 euros ($17,200).

According to a November 2017 report by MIPROF, security forces registered 10,870 incidents of harassment and other threats committed by a partner in 2016, with female victims making up more than 88 percent of the total. The same report stated that in 2016 the Ministry of Justice sentenced 82 men for sexual harassment.

More than eight women in 10 reported they had been victims of a form of attack or sexual assault in a public space, according to a study by Fondation Jean Jaures think tank that was released in February. In the study, 55 percent of women surveyed reported experiencing at least one bullying situation, with 26 percent reporting a bullying incident within the previous 12 months.

On July 30, the Paris prosecutor opened an investigation after a woman posted a video of a man hitting her in the face outside a cafe after she angrily responded to his sexual harassment, according to legal sources. The cafe’s surveillance camera recorded the man throwing an ashtray at the 22-year-old woman after she told him to “shut up.” He then followed her and, after she confronted him again, he hit her. Following the incident, the woman filed a complaint with police and posted the video online. On August 27, authorities arrested a 25-year-old suspect. On October 4, a Paris court sentenced him to six months in prison and a further six-month suspended sentence. The court also ordered him not to contact the woman and fined him 2,000 euros ($2,300) in damages. He was ordered to undergo psychological care and take a course on gender-related violence.

During the year a court for the first time sentenced a man for harassing a woman during an assault on a bus. According to the prosecutor’s office of the Paris suburb of Evry, on September 19, a 30-year-old man, visibly drunk, boarded a bus in the city of Draveil and approached a 21-year-old female passenger. He slapped her on the buttocks, insulted her, and referred to the size of her breasts. Police arrested the assailant with the help of the bus driver. The court fined the offender 300 euros ($345) and sentenced him to three months in prison and a six-month suspended sentence for physical abuse under a new law against sexist and sexual violence.

According to statistics released by the Interior Ministry on September 6, reported cases of sexual harassment and sexual violence surged during the year, with 27,728 complaints registered by the police in the first seven months of the year, up 23.1 percent compared, with the same period in the previous year.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: The law prohibits gender-based job discrimination and harassment of subordinates by superiors but does not apply to relationships between peers. The constitution and law provide for the same legal status and rights for women as for men, including under family, religious, personal status, labor, property, nationality, and inheritance laws. The Ministry of Gender Equality is responsible for protecting the legal rights of women. The constitution and law provide for equal access to professional and social positions, and the government generally enforced the laws.

There was discrimination against women with respect to employment and occupation, and women were underrepresented in most levels of government leadership.

Children

Birth Registration: The law confers nationality to a child born to at least one parent with citizenship or to a child born in the country to stateless parents or to parents whose nationality does not transfer to the child. Parents must register births of children regardless of citizenship within three days at the local city hall. Parents who do not register within this period are subject to legal action.

Throughout the year trade unions and civil society groups in Mayotte protested, demanding an end to illegal immigration, mainly originating from the Comoros, and increased security. Legislation adopted during the year modifies nationality criteria for individuals born in Mayotte, requiring one parent to have been present in French territory for more than three months by the child’s birth.

Child Abuse: There are laws against child abuse, including against rape, sexual assault, corruption of a minor, trafficking, kidnapping, child prostitution, and child pornography. The government actively worked to combat child abuse. Penalties are generally severe.

Early and Forced Marriage: The minimum legal age for marriage is 18. Early marriage was a problem mainly for communities from the Maghreb, Sub-Saharan Africa, and South Asia. The law provides for the prosecution of forced marriage cases, even when the marriage occurred abroad. Penalties for violations are up to three years’ imprisonment and a 45,000 euro ($51,800) fine. Women and girls could seek refuge at shelters if their parents or guardians threatened them with forced marriage. The government offered educational programs to inform young women of their rights.

Sexual Exploitation of Children: The minimum age of consent is 15, but prosecutors must prove sex was nonconsensual to prove rape in cases where victims are older than five. A law passed on August 1 extends the deadline for underage rape victims to file complaints from 20 years after they turn 18 to 30 years. The law states that sex between an adult and a minor younger than 15 is considered rape if the victim “lacks the necessary discernment to consent,” which is determined by a judge.

The government enforced these laws effectively but faced criticism from NGOs such as Coup de Pouce, Acting Against Child Prostitution, and the French Council of Associations for the Rights of the Child that argued children cannot provide legal consent regardless of circumstance. The new law increases the sentence for raping children from five to up to 20 years.

The law also criminalizes the commercial sexual exploitation of children. The minimum penalty for sexual exploitation of children is 10 years’ imprisonment and a fine of 1.5 million euros ($1.7 million). The law prohibits child pornography; the maximum penalty for its use and distribution is five years’ imprisonment and a 75,000 euro ($86,200) fine.

According to a November 2017 report by MIPROF, security forces registered 7,570 acts of sexual violence against children younger than 18 in 2016. Female victims made up more than 80 percent of this total.

Displaced Children: In July, Human Rights Watch published a report that asserted arbitrary practices by child protection authorities in Paris had led to unaccompanied foreign minors being considered adults, leaving them ineligible to receive emergency shelter and other protection. Authorities prevented some youth from accessing these resources based on their appearance and others without written decisions following interviews lasting as little as five minutes, contrary to official regulations. Although the applicable regulations provide that the primary method of establishing approximate age should be through interviews, many children were denied protection if they lacked documents (see section 2.d.).

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.htmlhttp://www.travel.state.gov/abduction/resources/congressreport/congressreport_4308.html.

Anti-Semitism

There were between 460,000 and 700,000 Jews in the country in 2016, depending on the definitional criteria of who is Jewish, according to a 2016 report by Berman Jewish Databank, the most recent year for which estimates were available.

NGO and government observers reported numerous anti-Semitic incidents, including physical and verbal assaults on individuals and attacks on synagogues, cemeteries, and memorials. Notably, on March 23, Holocaust survivor Mireille Knoll, 85, was found dead in her Paris apartment. An autopsy revealed she had been stabbed at least 11 times before being burned in a fire that was later ruled arson. Two individuals were arrested in connection with the killing, which the Paris prosecutor’s office deemed a hate crime. After the killing, thousands of persons participated in a memorial “white march” in Paris, where many government officials spoke. President Macron attended Knoll’s funeral and stated she was “murdered because she was Jewish.” On June 29, the Paris prosecutor’s office opened an investigation into threatening anti-Semitic letters referring to Knoll’s killing received by at least six Jewish associations, including the Representative Council of French Jewish Institutions.

While the number of anti-Semitic acts decreased by 7.2 percent in 2017, according to government statistics, the number of violent attacks, including one killing, rose from 77 in 2016 to 97, accounting for almost one-third of all racist, anti-Semitic, or anti-Muslim incidents in the country. In one example, in March police arrested four teenagers suspected of beating a Jewish boy with a stick and taking his head covering.

According to statistics released by then interior minister Collomb and Defense Minister Florence Parly in September 2017, the government deployed 7,000 security personnel throughout the country to protect sensitive sites, including vulnerable Catholic, Jewish, and Muslim sites and other places of worship.

There were reports of anti-Semitic vandalism. On January 26, for example, according to statements by the Council of Europe, a large swastika was painted on the entrance to the Council of Europe, located in Strasbourg.

Trafficking in Persons

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

Persons with Disabilities

The constitution and law prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities. The government generally enforced these provisions effectively.

An estimated 350,000 persons with intellectual or mental disabilities were deprived of the right to vote. The law allows a judge to deny the right to vote to individuals who are assigned guardians to make decisions on their behalf, which mainly affected persons with disabilities.

While the law requires companies with more than 20 workers to hire persons with disabilities, many such companies failed to do so.

The law requires that buildings, education, and employment be accessible to persons with disabilities. According to the latest government estimates available, 40 percent of establishments in the country were accessible. In 2015 parliament extended the deadline for owners to make their buildings and facilities accessible by three to nine years. In 2016 then president Hollande announced that 500,000 public buildings across the country were undergoing major renovation to improve accessibility.

In its most recent report on the country in 2016, the UN Committee on the Rights of the Child stated that autistic children in the country “continue to be subjected to widespread violations of their rights.” The committee found that the majority of children with autism did not have access to mainstream education and many “are still offered inefficient psychoanalytical therapies, overmedication, and placement in psychiatric hospitals and institutions.” Parents who opposed the institutionalization of their children were intimidated and threatened and, in some cases, lost custody of their children, according to the report. A 2005 law provides every child the right to education in a mainstream school, but the Council of Europe condemned the country’s authorities for not respecting it. Pressure groups like Autism France estimated that only 20 percent of autistic children were in school. In April the government began implementing a 340 million euro ($391 million) strategy to give autistic children access to education. The plan includes increasing diagnosis and early years support for children with autism, increasing scientific research, and training doctors, teachers, and staff.

National/Racial/Ethnic Minorities

Societal violence and discrimination against immigrants of North African origin, Roma, and other ethnic minorities remained a problem. Many observers, including the Ministry of Labor, Defender of Rights, and CNCDH, expressed concern that discriminatory hiring practices in both the public and private sectors deprived minorities from sub-Saharan Africa, the Maghreb, the Middle East, and Asia of equal access to employment.

The government registered an upsurge in violent racist, anti-Semitic, and anti-Muslim acts in 2017, while the overall number of hate crimes declined. On January 31, the Ministry of Interior announced the government registered 950 hate crimes involving threats and violence in 2017, a 16 percent decline from the number recorded in 2016, while the total number of acts of racism fell 14.8 percent to 518. Acts against religious buildings and graves in 2017 declined 7.5 percent to 978, marking the first year since authorities began collecting data in 2008 that there was a decline in acts against religious buildings and graves.

Government observers and NGOs, including the French Council for the Muslim Religion and the Collective against Islamophobia, reported a number of anti-Muslim incidents during the year, including slurs against Muslims, attacks on mosques, and physical assaults. The number of registered violent acts of racism against Muslims rose from 67 in 2016 to 73 in 2017. Over the same period, threats against the Muslim community declined by 58.5 percent, while total anti-Muslim acts declined 34.5 percent, from 185 to 121.

After the counterterrorism law took effect in October 2017, prefects received authority to close places of worship “in which statements are made, ideas or theories are disseminated, or activities take place that lead to violence, hatred or discrimination, provoke the commission of acts of terrorism, or make apologies for such acts.” On July 10, a Senate report stated four closures of places of worship took place on this basis between November 2017 and June 8.

The prefect of Herault closed a small Muslim prayer room in Gigean, which, according to a May 17 Agence France-Presse news agency report, authorities had considered a Salafist meeting point for six months. According to the prefectural decree posted on the town house, the prayer room was “an influential place of reference of the Salafist movement, advocating a rigorous Islam, calling for discrimination, hatred, and violence against women, Jews, and Christians.”

On April 20, an Algerian imam, El Hadi Doudi, the leader of the Salafist As-Sounna mosque in Marseille, was expelled to Algeria. The expulsion followed the closing of As-Sounna for six months by the Bouches-du-Rhone Prefecture in December 2017 because of Doudi’s radical preaching, which was said to have inspired attendees to join ISIS. Sermons at the As-Sounna mosque, sometimes disseminated via internet, preached in favor of armed jihad and the death penalty for adulterers and apostates and used insulting or threatening terms towards Jews. The As-Sounna mosque, which drew approximately 800 worshippers for its Friday prayers before its closure, was one of 80 places of Muslim worship in Marseille.

In April authorities denied an Algerian woman citizenship for refusing to shake hands with male officials at a French nationalization ceremony due to her religious convictions. The country’s top administrative court ruled that there were sufficient grounds to do so since the woman’s refusal “in a place and at a moment that are symbolic, reveals a lack of assimilation” and that the decision was not detrimental to her freedom of religion.

Societal hostility against Roma, including Romani migrants from Romania and Bulgaria, continued to be a problem. There were reports of anti-Roma violence by private citizens. Romani individuals, including migrants, experienced discrimination in employment. Government data estimated there were 20,000 Roma in the country.

On March 22, the CNCDH highlighted in its annual report the presence of “intensified racism” leading to abuse of the fundamental rights of the Roma. The report noted that anti-Roma sentiment in the country was expressed both by public “rejection of [their] cultural differences” and the perception that Roma posed a “threat to the national [security] order.” The report also cited authorities’ “ambiguous policy towards slum dismantling,” which in turn encouraged “organized wandering” by members of the Romani community.

On June 9, a group of youths from the Mistral area, in Grenoble, travelled to a slum where several Romani families lived, threatened to set fire to their barracks, and then sprayed them with gasoline. Faced with threats and violence, the inhabitants of the slum fled, abandoning their shelters and possessions. During the night the attackers returned and set fire to five barracks in the slum prior to the arrival of firefighters at around 3:30 a.m. The following night attackers burned eight more huts.

Authorities continued to dismantle camps and makeshift homes inhabited by Roma. According to the European Roma Rights Center (ERRC) and Human Rights League data, authorities evicted 11,309 Roma from their homes in 2017, a 12 percent increase from the previous year, including 8,161 forcefully evicted. In the first half of the year, the ERRC reported the eviction of 4,382 Roma in 50 different localities.

Citizens, asylum seekers, and migrants may report cases of discrimination based on national origin and ethnicity to the Defender of Rights. According to the most recent data available, the office received 3,758 discrimination claims in 2017, 17.6 percent of which concerned discrimination based on ethnic origin.

The government attempted to combat racism and discrimination through programs that promoted public awareness and brought together local officials, police, and citizens. Some public school systems also managed antidiscrimination education programs.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

The law prohibits discrimination based on sexual orientation and gender identity. Authorities pursued and punished perpetrators of violence based on sexual orientation or gender identity. The statute of limitations is 12 months for offenses related to sex, sexual orientation, or gender identity.

More than half of individuals who were lesbian, gay, bisexual, or transgender (LGBTI) had been victims of homophobic, biphobic, or transphobic behavior, according to the French Institute of Public Opinion, which conducted an online survey of 994 LGBTI persons from May 23 to June 6.

Anti-LGBTI acts in the country increased by 4.8 percent in 2017, compared with 2016, according to an annual report published on May 15 by the domestic NGO SOS-Homophobie. This marked the second consecutive year that the number of reported anti-LGBTI acts increased in the country. The NGO stated it received 1,650 reports of anti-LGBTI incidents of all types in 2017, compared with 1,575 incidents in 2016. The data reflected a 15 percent increase in reports of physical assaults in 2017, to 139 cases, compared with 121 cases in 2016. The majority of the victims were men (58 percent) and 35 years of age or younger (56 percent). The report noted there was a 38 percent increase in anti-LGBTI incidents in school environments and a 22 percent increase in anti-LGBTI content on the internet.

On August 5 in Marseille, two unknown assailants chased, attacked, and insulted two individuals who belonged to Le Refuge, an association that assisted victims of homophobia. After the two Refuge members ran back to the association’s office and barricaded themselves inside, the attackers launched a tear gas bomb before fleeing the scene. One of the victims was transgender, which was the probable motive for the attack, according to local press reporting.

On May 3, the criminal court of Nimes sentenced two men to six months in prison for the assault of a homosexual couple in 2017 in Pont-Saint-Esprit (Gard). The assault was recorded on camera, according to a judicial source. The couple had been walking when a group molested and insulted them. One of the victims died of a heart attack a month after the assault.

A parliamentary report published June 19 indicated that violence and discrimination against LGBTI persons was more significant in the country’s overseas territories than in mainland France. The report stated that anti-LGBTI hate was reinforced by the prominence of “family, religion, sexist prejudices, and insularity” in territories where “anonymity does not exist” and where the “law of silence dominates.”

In May the public prosecutor’s office in Nancy opened an investigation of discrimination against same-sex couples wishing to adopt. The Association of Homoparental Families had filed a complaint against the president of the family council of wards of the state of Meurthe-et-Moselle for allegedly giving preference to heterosexual couples in adoption cases.

Human rights organizations such as Inter-LGBT criticized the government for continuing to require transgender persons to go to court to obtain legal recognition of their gender identity.

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The labor code prohibits discrimination based upon an individual’s national origin; sex; customs; sexual orientation; gender identity; age; family situation or pregnancy; genetic characteristics; particular vulnerability resulting from an economic situation that is apparent or known to the author of discrimination; real or perceived ethnicity, nationality or race; political opinions; trade union or mutual association activities; religious beliefs; physical appearance; family name; place of residence or location of a person’s bank; state of health; loss of autonomy or disability; and ability to express oneself in a language other than French. Authorities generally enforced this prohibition, and penalties were sufficient to deter violations in this area. The International Labor Organization raised concerns that the labor code does not prohibit discrimination based on social origin.

A gender equality law provides measures to reinforce equality in the workplace as well as sanctions against companies whose noncompliance could prevent women from bidding for public contracts. The law also requires employers to conduct yearly negotiations with employees on professional and pay equity between women and men in companies with more than 50 employees.

Employment discrimination based on sex, gender, disability, and national origin occurred. The country’s Roma community faced employment discrimination. The law requires that women receive equal pay for equal work. In March 2017 INSEE released a study that indicated that in 2014, the most recent year for which data were available, women working the equivalent of full time earned 18.6 percent less than men did. The average monthly salary was 2,410 euros ($2,770) for men. Women on average earned 1,962 euros ($2,260) per month; salary depended on qualifications, age, and sex. The same study also indicated that 18 percent of salaried men in the private sector held managerial positions, while 13 percent of women with similar skills were managers.

The Fund Management Organization for the Professional Integration of People with Disabilities (AGEFIPH) and the fund for the Inclusion of Persons with Disabilities in the Public Service released an audit in June that showed unemployment among persons with disabilities, who represented 19 percent (513,000) of the unemployed, increased 4.7 percent for the period January-September 2017. The law requires at least 6 percent of the workforce in companies with more than 20 employees to be persons with disabilities. The law requires noncompliant companies to contribute to a fund managed by AGEFIPH.

Approximately 39 percent of private-sector enterprises (41,270) met the requirement in 2017, while 48 percent contributed into the fund and a small number (mostly large corporations) received an exemption from the government based on a negotiated action plan, according to AGEFIPH. In 2017 President Macron initiated a plan to promote the inclusion of workers with disabilities in the workplace.

Gabon

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law criminalizes rape, and convicted rapists face penalties of five to 10 years’ imprisonment. Nevertheless, authorities seldom prosecuted rape cases. The law does not address spousal rape. There were no reliable statistics on the prevalence of rape, but a women’s advocacy NGO estimated it to be a frequent occurrence. Discussing rape remained taboo, and women often opted not to report it due to shame or fear of reprisal.

Although the law prohibits domestic violence, NGOs reported it was common. Penalties for conviction range from two months’ to 15 years’ imprisonment. Women virtually never filed complaints, due to shame or fear of reprisal, although the government operated a counseling group to provide support for abuse victims. The government provided in-kind support to an NGO center to assist victims of domestic violence, and through the center’s work police intervened in response to incidents of domestic violence.

Sexual Harassment: No law prohibits sexual harassment, and it remained a widespread problem. NGOs reported sexual harassment of women in the military was pervasive.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization. For additional information, see Appendix C.

Discrimination: Although the law does not generally distinguish between the legal status and rights of women and men, it requires a married woman to obtain her husband’s permission to receive a passport and to travel abroad. The law provides for equal treatment regarding property, nationality, and inheritance. No specific law requires equal pay for equal work. Women owned businesses and property, participated in politics, and worked in government and the private sector. Nevertheless, women faced considerable societal discrimination, including in obtaining loans and credit and, for married women, opening bank accounts without their husbands’ permission and administering jointly owned assets, especially in rural areas.

Children

Birth Registration: Citizenship is derived through one’s parents and not by birth in the country. At least one parent must be a citizen to transmit citizenship. Registration of all births is mandatory, and children without birth certificates may not attend school or participate in most government-sponsored programs. Many mothers could not obtain birth certificates for their children due to isolation in remote areas of the country or lack of awareness of the requirements of the law. For additional information, see Appendix C.

Education: Although education is compulsory until age 16 and tuition-free through completion of high school, it often was unavailable after sixth grade in rural areas. There was no significant difference in the rates of enrollment between boys and girls; however, due to high rates of early pregnancy, girls were less likely to complete school than were boys.

Child Abuse: Child abuse is illegal, with penalties for conviction of up to life in prison, one million CFA francs ($1,700), or both. Child abuse occurred, but the law was not regularly enforced.

Early and Forced Marriage: The minimum age for consensual sex and marriage is 15 for girls and 18 for boys. For additional information, see Appendix C.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children and child pornography, and authorities generally enforced the law. Perpetrators convicted of procuring a child for prostitution or a child pornography-related offense may be sentenced to between two and five years’ imprisonment. Conviction of child trafficking is punishable by five to 10 years’ imprisonment and fines of up to 10 million to 20 million CFA francs ($17,000 to $34,000). Conviction of possession of child pornography is punishable by imprisonment of six months to one year and a fine of up to 222,000 CFA francs ($378). These penalties were sufficient to deter violations.

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.html.

Anti-Semitism

The Jewish population was very small, and there were no known reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

The law prohibits discrimination against persons with “physical, mental, congenital, and accidental” disabilities and requires access to buildings and services, including voter access to election polling centers. Most public buildings, however, did not provide adequate access, hindering access to state services and the judicial system. The law subsumes sensory disabilities under congenital and “accidental” disabilities but does not recognize the concept of intellectual disability. The law provides for the rights of persons with disabilities to education, health care, and transportation. Enforcement was limited–there were no government programs to provide access to buildings, information, and communications for persons with disabilities. Children with disabilities generally attended school at all levels, including mainstream schools. There was accommodation for persons with disabilities in air travel but not for ground transportation.

Persons with disabilities faced barriers in obtaining employment, such as gaining access to human resources offices to apply for jobs, because buildings were not accessible. The inaccessibility of buses and taxis complicated seeking jobs or getting to places of employment for those without their own means of transportation.

Indigenous People

The Babongo, Baghama, Baka, Bakoya, and Barimba ethnic groups are the earliest known inhabitants of the country. The law grants members of indigenous ethnic groups the same civil rights as other citizens, but they experienced societal discrimination. They remained largely outside of formal authority–keeping their own traditions, independent communities, and local decision-making structures–and did not have ready access to public services. Discrimination in employment also occurred. Indigenous persons had little recourse if mistreated by persons from the majority Bantu population. No specific government programs or policies assisted them.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

The law does not criminalize sexual orientation or limit freedom of speech or peaceful assembly for lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons. There are no specific antidiscrimination or hate crime laws, or other criminal justice mechanisms designed to aid in the prosecution of bias-motivated crimes. There were no reports LGBTI persons were targeted for abuse, but underreporting of such incidents was likely, in view of societal stigma. Societal discrimination in employment and housing was a problem, particularly for openly LGBTI persons.

HIV and AIDS Social Stigma

Local NGOs reported discrimination against persons with HIV/AIDS. Persons with HIV/AIDS encountered difficulties obtaining loans and finding employment in at least some sectors. NGOs worked closely with the Ministry of Health to combat both the associated stigma and the spread of the disease.

Other Societal Violence or Discrimination

Ritual killings in which persons were killed and their limbs, genitals, or other organs removed occurred and often went unpunished. During the year authorities made no arrests of persons accused of ritual killing. The local NGO Association to Fight Ritual Crimes reported 24 victims of ritual killings and five disappearances from January to October. The actual number of victims was probably higher because many ritual killings were not reported or were incorrectly characterized.

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The labor code prohibits discrimination with respect to employment and work conditions based on race, color, sex, religion, political opinion, disability, national origin or citizenship, or social background. It does not address discrimination based on sexual orientation, gender identity, age, or language. The government did not effectively enforce the law. No specific law requires equal pay for equal work, and women’s pay lagged behind that of men. Discrimination in employment occurred with respect to indigenous persons, disabled persons, persons with HIV/AIDS, and LGBTI persons. There were reports of labor exploitation of indigenous persons by their Bantu neighbors, who paid them much less than the minimum wage. Undocumented foreign workers frequently experienced wage discrimination and poor work conditions.

Georgia

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: Rape is illegal, but criminal law does not specifically address spousal rape. A convicted first time offender may be imprisoned for up to eight years. Through June, the Prosecutor’s Office initiated investigations in 14 rape cases, compared to seven in 2017. The government enforced the law effectively.

In cases that do not result in injury, penalties for conviction of domestic violence include 80 to 150 hours of community service or imprisonment for up to one year. Domestic and other violence against women remained a significant problem, which the government took several steps to combat. Such steps included designating specialized prosecutors to handle such offences and creating a risk assessment tool for police officers responding to such incidents. In May Parliament adopted amendments enabling courts to take away the right to carry firearms from persons convicted of domestic violence.

NGOs reported the Prosecution Service and the Ministry of Internal Affairs took significant steps to address domestic abuse and gender-based violence, including a new risk assessment tool announced by the ministry to aid police in protecting victims. The ministry developed the tool, which went into effect September 1, in tandem with NGOs and human rights organizations. Media reported, however, some instances of police ignoring or covering up cases of domestic violence, particularly if the accused were associated with the ministry.

NGOs and the government expanded the services provided to victims of domestic violence in recent years. NGOs claimed public awareness of legal remedies had grown, leading to the quadrupling of reported cases of domestic violence in recent years. In 2017 authorities prosecuted 1,986 domestic violence cases, as compared to 550 in 2014. In 2014 only 14 percent of defendants were placed in pretrial detention, while that figure reached 83 percent in 2017. NGOs reported law enforcement officials and prosecutors in Tbilisi showed improved professionalism in handling domestic violence crimes.

Domestic violence laws mandate the provision of temporary protective measures, including shelter and restraining orders that prohibit an abuser from coming within 330 feet of the victim and from using common property, such as a residence or vehicle, for six months. The Public Defender’s Office stated that victims often reported receiving inadequate responses from law enforcement officers to restraining order violations. As of August, violating a restraining order was considered a criminal offense on the first rather than the second occurrence.

Local NGOs and the government jointly operated a 24-hour hotline and shelters for abused women and their minor children, although space in the shelters was limited and only four of the country’s 10 regions had facilities.

Other Harmful Traditional Practices: Kidnapping women for marriage occurred in remote areas and ethnic minority communities but was rare. The Public Defender’s Office reported some cases of kidnapping for marriage, forced marriage, and early marriage in its 2017 report. In October, the Georgian Women’s Movement, a group of human rights and gender equality activists, criticized police delays in teen bride kidnapping investigations, almost exclusively concentrated in ethnic minority regions.

Sexual Harassment: Sexual harassment in the workplace was a problem. The criminal code criminalizes harassment. In March the Ministry of Internal Affairs began investigating a sexual harassment case initiated by several women against the head of a prominent civil organization. The case sparked public debate about sexual harassment in the workplace. The Public Defender’s Office reported it received 14 allegations of sexual harassment during the year. The PDO referred two of these cases to the courts, but the majority were outside the statute of limitations, which stands at three months after the victim becomes aware of the discrimination against them. The government initiated a sexual harassment training course for all civil servants to raise awareness of the problem.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: Civil society organizations continued to report discrimination against women in the workplace. In April Parliament passed a gender equality action plan. On May 15, Parliament held the first National Conference on Gender Equality in Local Municipalities, which underlined the importance of women in leadership. The Public Defender’s Office monitored gender equality cases, in particular of domestic violence and workplace harassment.

Children

Birth Registration: By law, citizenship derives from parents at birth or from birth within the country’s territory, and children born to stateless parents in the country are citizens. According to UNICEF, 99 percent of births were registered before the child reached the age of five.

Since 2015, UNHCR has reported a widening documentation gap in Abkhazia, noting that fewer residents of Gali District held valid documents due to the expiration and nonrenewal of documentation by de facto authorities there. The solution offered by de facto authorities, i.e., to issue permanent residence permits, did not provide the full scope of rights and was not welcomed by the majority of Gali District residents who did not wish to declare themselves foreigners living in their ancestral land. While IDP returnees were in principle able to get their children’s births registered with de facto authorities, they preferred to have their births registered with Georgian authorities.

Education: Children of noncitizens often lacked the documentation to enroll in school. The level of school attendance was low for children belonging to disadvantaged and marginalized groups, such as street children and children with disabilities or in foster care. The Public Defender’s Office reported that violence, negligence, and other forms of mistreatment were still acute in educational institutions. According to a UNICEF study released in July, the majority of street children did not have access to either education or medical services beyond emergency care.

Child Abuse: Various forms of child abuse, including trafficking, forced labor, or forced begging, were punishable by a spectrum of prison terms and fines. Domestic violence against minors was punishable by imprisonment for one to three years, and the trafficking of minors was punishable by imprisonment anywhere from eight to twenty years depending on the specific circumstance.

Authorities referred children who suffered abuse to the relevant community and government services in coordination with stakeholders, including police, schools, and social service agencies.

Early and Forced Marriage: The legal minimum age for marriage for both men and women is 18. Conviction of forced marriage of an individual younger than 18 is punishable by two to four years’ imprisonment. As of August, the Public Defender’s Office was reviewing 22 instances of alleged early marriage. During the year, the Ministry of Internal Affairs opened investigations into four cases. Reports of child marriages continued throughout the year, although there were no official statistics. Child marriages reportedly occurred more frequently among certain ethnic and religious groups.

Sexual Exploitation of Children: Convictions relating to commercial sexual exploitation of children and possession of child pornography are punishable by up to five years’ imprisonment. Street children and children living in orphanages were reportedly particularly vulnerable to exploitation.

The minimum age for consensual sex is 16. The law classifies sexual intercourse with a juvenile as rape, provided the perpetrator is proven to be aware of the victim’s age. The penalty is up to nine years’ imprisonment; the government generally enforced the law. Conviction of other sexual crimes carried increased levels of punishment if the victim was a juvenile. As of July, the Ministry of Internal Affairs opened investigations into 17 cases of rape of a minor and 159 cases involving other sex-related crimes.

In July UNICEF reported street children were particularly vulnerable to violence from caretakers and fellow street youth. According to testimonies from children living on the streets of Tbilisi, internal group dynamics among these children sometimes entailed sexual “reward” structures that exposed primarily girls to abuse at the hands of older group members.

Displaced Children: The Public Defender’s Office reported a lack of information about street children and noted the inadequacy of resources devoted to them. It was unclear how many were geographically displaced and a significant portion belonged to families that migrated seasonally to Georgia from Azerbaijan.

Institutionalized Children: The government continued replacing large-scale orphanages with smaller foster parenting arrangements. According to the Social Service Agency, as of August, 340 children were housed in 47 small-group homes and 1,483 children were placed in different forms of foster care. The government provided grants for higher education for institutionalized and foster-care children, including full coverage of tuition and a stipend, and provided emergency assistance to foster families.

UNICEF and a foreign development agency supported the government in developing small-scale facilities for children with severe and profound disabilities with the view to closing the Tbilisi infant home.

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.html.

Anti-Semitism

Observers estimated the Jewish community to be no more than 6,000 persons. There were no reliable reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

While the constitution and law prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities in employment, education, transportation, access to health care, the judicial system and right to a fair trial, and the provision of other government or private sector services, the government did not effectively enforce these provisions. The PDO reported that persons with disabilities continued to encounter barriers to participating fully in public life. Many families with children with disabilities considered themselves stigmatized and kept their children from public view. Discrimination in employment was also a problem.

The law mandates access to buildings for persons with disabilities and stipulates fines for noncompliance. Very few public facilities or buildings, however, were accessible. Public and private transportation generally did not accommodate persons with disabilities, and sidewalk and street crossing access was poor.

The Public Defender’s Office stated that inclusive education remained a major challenge. Despite the introduction of inclusive education in professional and general educational institutions, preschool and higher education were not part of the system. Only a limited number of preschools among the 165 monitored by the PDO in Tbilisi in 2016 were accessible to children with disabilities. The PDO has not conducted specific monitoring of preschool institutions since then, but maintained that the situation has not changed.

The PDO reported that state-run institutions caring for persons with disabilities lacked the infrastructure, trained staff, psychosocial services, and contact with the outside world and families needed to provide for the delivery of services. It raised concerns about a high number of deaths of residents in regional facilities. The Ministry of Internal Affairs opened investigations into several deaths at state-run institutions, but the PDO reported its study of these investigations revealed the investigations were ineffective.

In April 2017, parents of children with disabilities protested the unequal distribution of government assistance for persons with disabilities and claimed that children in only some regions received government funding. The parents requested an increased budget for rehabilitation programs for children with disabilities then, but the budget for the year showed no change.

Out of 46,708 public sector employees, just 55 were persons with disabilities in 2017. Legislation that disqualifies a person with disabilities working the public sector from receiving state disability assistance may be a disincentive to such work.

National/Racial/Ethnic Minorities

The PDO and NGOs reported some instances of discrimination against minority communities. During the year, the PDO received nine claims of discrimination based on national/ethnic origin. In only one of these cases, in which a person with permanent residence was denied access to state health care programs, did the courts determine that a person had been discriminated against based on their nationality/ethnicity. Despite noting advancements in minority protection and civic integration during the year, the PDO reported efforts to address remaining gaps remained insufficient. NGOs found on minority rights that victims rarely registered claims due to a lack of knowledge about their rights and criticized authorities for not raising greater awareness in minority communities.

As of November 1, the Ministry of Internal Affairs reported five individuals were detained for committing a crime on the basis of nationality, race, or ethnicity.

In September minority rights activist Vitali Safarov was killed outside a popular bar in central Tbilisi. Human rights NGOs alleged the two men responsible were members of a neo-Nazi group, and witnesses reported the altercation began because the activist was speaking Russian rather than Georgian. The NGOs advocated for the addition of xenophobic pretext to the murder charges, which would carry a heavier punishment. On October 31, the Chief Prosecutor’s Office added the charge of “premeditated murder due to racial, religious, national or ethnic intolerance due to his nationality and profession.” As of November, the investigation continued. The media reported numerous cases of hate speech targeting minority groups.

The media reported numerous cases of hate speech targeting minority groups.

Weak Georgian-language skills remained the main impediment to integration for members of the country’s ethnic minorities, in addition to political, civic, economic, and cultural obstacles to integration. Some minorities asserted that the law requiring “adequate command of the official language” to work as a civil servant excluded them from participating in government. The Public Defender’s Office reported that involving ethnic minorities in national decision-making processes remained a problem due to the small number of representatives of ethnic minorities in the central government.

The government continued its “1+4” program for ethnic minorities to study the Georgian language for a year prior to their university studies. According to a quota system, the government assigned 12 percent of all bachelor or higher certificate-level placements to students with ethnic minority backgrounds. Of these reserved slots, ethnic Armenian and Azerbaijani communities each received 40 percent of the slots (about five percent of the total slots), while Ossetian and Abkhaz communities received 10 percent each (about one percent of the total slots).

The law permits the repatriation of Muslim Meskhetians deported in 1944. According to the former ministry of refugees and accommodation–whose functions were spread over the Ministries of Infrastructure, Internal Affairs, and Labor, Health, and Social Affairs–1,998 of more than 5,841 applications were approved by August. Of this number, 494 applicants received “conditional citizenship,” which, according to a presidential decree, grants them “full Georgian citizenship” upon renouncing their foreign citizenship within five years.

De facto Abkhaz authorities enacted policies that threaten the legal status of ethnic Georgians living in the Gali District of Abkhazia. They closed village schools and forced ethnic Georgians to study strictly in the Russian language. De facto authorities dismissed ethnic Georgian teachers in Abkhazia deemed to have insufficient knowledge of Russian. In 2015 de facto authorities shifted the language of instruction for students in first through fourth grades in Lower Gali to Russian. Russian was the only instructional language in the Tkvarcheli and Ochamchire zones, and the de facto authorities have prohibited Georgian language instruction since the 2008 conflict. The Public Defender’s Office noted that, in the Gali, Ochamchire, and Tkvarcheli Districts, ethnic Georgian students and teachers had poor command of Russian, and therefore Russian-only instruction had significantly affected the quality of their education. Local communities had to either pay for teachers, arrange for teachers to cross from undisputed government territory to teach, or send their children across the ABL for Georgian-language lessons. According to the EUMM, some Gali students seeking to attend school in government administered territory faced difficulties at the start of the school year crossing the ABL to attend school. Secondary school graduates had to cross the administrative boundary to take university entrance examinations. In February the EUMM noted that fewer schoolchildren were crossing the ABL, and there were more reports of barriers to studying in their mother tongue.

South Ossetian de facto authorities also required ethnic Georgians of all ages to study in Russian.

The government continued to report discrimination against ethnic Georgians in the occupied territories. The public defender noted the case of Tamar Mearakishvili, an activist in South Ossetia who alleged persecution by the de facto authorities because of her Georgian ethnicity.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

The criminal code makes acting on the basis of prejudice because of a person’s sexual orientation or gender identity an aggravating factor for all crimes. According to NGOs, however, the government rarely enforced the law, and law enforcement authorities lacked robust training on hate crimes. According to the LGBTI community, the law provides for legal gender recognition for transgender persons.

The PDO reported that LGBTI individuals continued to experience systemic violence, oppression, abuse, intolerance, and discrimination. LGBTI rights organizations reported several instances of violence against LGBTI individuals during the year. The authorities opened investigations into several of the cases, including one that resulted in the court instructing law enforcement officers to be more responsible when performing their duties. The PDO reported violence against LGBTI individuals, whether in the family or in public spaces, was a serious problem, and that the government has been unable to respond to this challenge. LGBTI organizations, NGOs, and the PDO reported that the government’s ineffective antidiscrimination policy reduced the LGBTI community’s trust in state institutions, and they pointed to homophobic statements by politicians and public officials as furthering hatred and intolerance against the LGBTI community.

LGBTI activists reported that it was common for them to close their offices due to threats to their staff’s safety. On September 28, four individuals associated with Equality Movement, a prominent LGBTI rights NGO, allegedly came under attack in their office’s backyard. The attackers allegedly shouted homophobic slurs during the physical assault. Facing ongoing threats, Equality Movement moved its office to a temporary location under private guard protection. As of November, the investigation was pending.

There were no results in two separate government investigations into the August 2017 accusations by two LGBTI organizations’ leaders that Batumi police officers physically abused them after police officers failed to intervene in their physical assault by several persons.

HIV and AIDS Social Stigma

Stigma and discrimination against persons with HIV/AIDS were major barriers to HIV/AIDS prevention and service utilization. NGOs reported that social stigma caused individuals to avoid testing and treatment for HIV/AIDS. Some health-care providers, particularly dentists, refused to provide services to HIV-positive persons. Individuals often concealed their HIV/AIDS status from employers due to fear of losing their jobs.

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in employment but it does not specifically prohibit discrimination based on HIV or other communicable disease status or social origin. The law further stipulates that discrimination is considered “direct or indirect oppression of a person that aims to or causes the creation of a frightening, hostile, disgraceful, dishonorable, and insulting environment.”

As there was no legal basis for labor inspection or a labor inspectorate with the authority to impose fines, the government did not effectively enforce the law.

Discrimination in the workplace was widespread. GTUC reported cases of discrimination based on age, sexual orientation, and union affiliation. Companies and public workplaces frequently reorganized staff to dismiss employees who had reached the qualifying age to receive a pension. In addition, vacancy announcements often included age requirements as preconditions to apply for a particular position. GTUC reported widespread instances of harassment in both the public and private sectors based on union affiliation, notably in the railway and postal services.

While the law provides for equality in the labor market, NGOs and the Ministry of Labor, Health, and Social Affairs agreed that discrimination against women in the workplace existed and was underreported. Although some observers noted continuing improvement in women’s access to the labor market, women were largely confined to low-paying, low-skilled positions, regardless of their professional and academic qualifications, and salaries for women lagged behind those for men.

There was some evidence of discrimination in employment based on disability. There were also reports of informal discrimination against members of Romani and Azerbaijani Kurdish populations in the labor market.

Germany

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law criminalizes rape, including spousal rape, of men and women, and provides penalties of up to 15 years in prison. The government enforced the law effectively. Officials may temporarily deny those accused of abuse access to their household without a court order or impose a restraining order. In severe cases of rape and domestic violence, authorities can prosecute individuals for assault or rape and require them to pay damages. Penalties depend on the nature of the case. The government enforced the law.

In 2017 more than 17,000 cases of sexual violence against men and women were reported to police.

On June 6, an Iraqi asylum seeker reportedly raped and killed a 14-year-old who was found dead in Wiesbaden. The suspect was also accused of twice raping an 11-year-old girl in a refugee shelter in March. Although the suspect initially fled to Iraq, he was subsequently returned to Germany and at year’s end awaited trial in custody.

The federal government, the states, and NGOs supported numerous projects to prevent and respond to cases of gender-based violence, including providing victims with greater access to medical care and legal assistance. During the year approximately 350 women’s shelters operated throughout the country. The NGO Central Information Agency of Autonomous Women’s Homes (ZIF) reported accessibility problems, especially in bigger cities, because women who found refuge in a shelter tended to stay there longer due to a lack of available and affordable housing. ZIF stated the number of refugee women seeking protection in shelters rose following the refugee influx in 2015.

Female Genital Mutilation/Cutting (FGM/C): FGM/C of women and girls is a criminal offense punishable by one to 15 years in prison, even if performed abroad. Authorities can revoke the passports of individuals who they suspect are traveling abroad to subject a girl or woman to FGM/C. FGM/C affected segments of the immigrant population and their German-born children. A working group under the leadership of the Federal Ministry for Family Affairs, Senior Citizens, Women, and Youth worked with other federal government bodies and all 16 states to combat FGM/C.

Other Harmful Traditional Practices: The law criminalizes “honor killings” as murder and provides penalties that include life in prison. The government enforced the law effectively and financed programs aimed at ending “honor killings.”

A court in Wuppertal, North Rhine-Westphalia, ruled that the killing of a 35-year-old Iraqi Yazidi woman, Hanaa S., was an honor killing, and in January sentenced her brother-in-law to life in prison. The court also sentenced the woman’s 20-year-old son to nine and a half years in prison, and her husband and another brother-in-law each received sentences of 10 and a half years for accessory to murder.

Sexual Harassment: Sexual harassment of women was a recognized problem and prohibited by law. Penalties include fines and prison sentences of as many as five years. Various disciplinary measures against harassment in the workplace are available, including dismissal of the perpetrator. The law requires employers to protect employees from sexual harassment. The law considers an employer’s failure to take measures to protect employees from sexual harassment to be a breach of contract, and an affected employee has the right to paid leave until the employer rectifies the problem. Unions, churches, government agencies, and NGOs operated a variety of support programs for women who experienced sexual harassment and sponsored seminars and training to prevent it.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: Men and women enjoy the same legal status and rights under the constitution, including under family, labor, religious, personal status, property, nationality, and inheritance laws. The government generally enforced the law effectively.

Children

Birth Registration: In most cases individuals derive citizenship from their parents. The law allows individuals to obtain citizenship if they were born in the country and if one parent has been a resident for at least eight years or has had a permanent residence permit for at least three years. Parents or guardians are responsible for registering newborn children. Once government officials receive birth registration applications, they generally process them expeditiously. Parents who fail to register their child’s birth may be subject to a fine.

Child Abuse: There are laws against child abuse. Violence or cruelty towards minors, as well as malicious neglect, are punishable by five months to 10 years in prison. Incidents of child abuse were reported. The Federal Ministry for Family, Seniors, Women, and Youth sponsored a number of programs throughout the year on the prevention of child abuse. The ministry sought to create networks among parents, youth services, schools, pediatricians, and courts and to support existing programs at the state and local level. Other programs provided therapy and support for adult and youth victims of sexual abuse.

Early and Forced Marriage: The legal minimum age for marriage is 18 years.

The law no longer recognizes marriages conducted in other countries for minors younger than 18 years, even if the individual was of legal age in the country where the marriage was performed. Individuals ages 16 to 18 years can petition a judge on a case-by-case basis to recognize their foreign marriage if they faced a specific hardship from not having their marriage legally recognized.

Child and forced marriage primarily affected girls of foreign nationality. The media reported that at the end of April, immigration authorities registered 299 married minors, a decrease from 1,475 minors in 2016. The majority of married minor registrants were from Syria; other countries of origin included Bulgaria, Greece, Romania, Iraq, and Afghanistan.

Sexual Exploitation of Children: The law prohibits commercial sexual exploitation, sale, offering, or procuring children for prostitution and practices related to child pornography, and authorities enforced the law. The minimum age for consensual sex is 14 years unless the older partner is older than 18 and is “exploiting a coercive situation” or offering compensation and the younger partner is under 16. It is also illegal for a person who is 21 or older to have sex with a child younger than 16 if the older person “exploits the victim’s lack of capacity for sexual self-determination.” The government’s Independent Commissioner for Child Sex Abuse Issues offered a sexual abuse help online portal and an anonymous telephone helpline free of charge.

In Staufen, Baden-Wuerttemberg, police charged the mother of a 10-year-old boy and her partner, a convicted child sex abuser, with the rape and sexual abuse of her son, as well as forced prostitution and distribution of child pornography. The couple also advertised the boy for sale online, and between April and August the Freiburg regional court sentenced a Swiss national, a Spanish citizen, and two Germans to prison for sentences ranging from eight to 10 years for raping and physically abusing the boy. In August the boy’s mother and her partner were sentenced to 12 and a half years in prison, followed by preventive detention. The case received extensive national media attention and led to strong criticism of the authorities involved, including child protective services and the court system, for failing to protect a child whom they reportedly knew to be in contact with a convicted child abuser.

Displaced Children: Police reported resolving 5,129 of the 6,186 cases of unaccompanied minor asylum seekers, refugees, and migrants identified in 2017. According to the NGO Federal Association for Unaccompanied Minor Refugees (BumF), many of these minors joined relatives. BumF noted that some unaccompanied minors might have become victims of human trafficking. For more information, please see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

According to estimates by the NGO Off Road Kids, as many as 2,500 children between the ages of 12 and 18 become at least temporarily homeless every year. Off Road Kids reported most runaways stayed with friends and were not living on the streets. These minors were generally school dropouts who did not receive assistance from the youth welfare office or their parents, and instead used digital networks to find temporary housing.

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.html.

Anti-Semitism

Observers estimated the country’s Jewish population to be almost 200,000, of whom an estimated 90 percent were from the former Soviet Union. There were approximately 98,000 registered Jewish community members.

Manifestations of anti-Semitism, including physical and verbal attacks, occurred at public demonstrations, sporting and social events, in schools, in the street, in certain media outlets, and online. For example, on October 3 at a Unification Day demonstration in Berlin, media observed several participants performing the Nazi straight-arm salute, which is illegal in the country. Apart from anti-Semitic speech, desecration of cemeteries and Holocaust monuments represented the most widespread anti-Semitic acts. The federal government attributed most anti-Semitic acts to neo-Nazi or other right-wing extremist groups or persons. Jewish organizations also noted an increase of anti-Semitic attitudes and behavior among some Muslim youth.

According to government data, there were 401 anti-Semitic crimes in the country from January through June. The vast majority, 87 percent, came from the extreme right, the government stated. In 2017 the Ministry of Interior reported 1,504 anti-Semitic crimes, an increase from the 1,420 anti-Semitic crimes in 2016. Several prominent and violent incidents started a public debate about the extent and origin of anti-Semitism in the country’s society. According to a report released in April 2017 by the Independent Expert Group on Anti-Semitism, modern anti-Semitism, such as conflating individual Jews with actions by Israel, remained prevalent. The report also noted anti-Semitism existed on both the extreme right and extreme left of the political spectrum as well as among Muslims in the country. NGOs working to combat anti-Semitism noted the reported number of anti-Semitic attacks was likely too low, and that a significant number of cases were unreported due to fear.

The FOPC’s annual report stated the number of violent right-wing anti-Semitic incidents decreased from 31 in 2016 to 28 in 2017. It noted membership in skinhead and neo-Nazi groups remained steady at approximately 6,000 persons. Federal prosecutors brought charges against suspects and maintained permanent security measures around many synagogues.

In April prosecutors authorized the performance of a satirical play based on Adolf Hitler’s book Mein Kampf in Constance, Baden-Wuerttemberg. The play’s organizers promised free entry to spectators who wore the swastika, and those who paid for a ticket had to wear a Star of David “as a sign of solidarity with the victims of Nazi barbarism.” Several legal complaints were filed against the theater. Although the law prohibits the public display of Nazi symbols, local prosecutors allowed the theater to hold the play and allow free entry for those wearing swastikas, citing free speech articles that permit artistic performances. The region’s German-Israeli Society called for a boycott of the play.

In July in Bonn, North Rhine-Westphalia, a 20-year-old German with Palestinian roots assaulted a visiting Israeli professor from the Johns Hopkins University. The attacker, upon seeing the professor, shouted “No Jews in Germany!” and then knocked the professor’s yarmulke off his head. When police arrived, the attacker fled the scene. The police mistakenly believed the victim was the attacker and used excessive force to detain him. Police later apprehended the perpetrator and charged him with incitement of hate and causing bodily harm. Cologne police opened an internal investigation and assigned the police officers involved in the incident to desk jobs pending the investigation’s results.

In April rappers Farid Bang and Kollegah, whose songs include anti-Semitic lyrics, received the country’s Echo music award based on high record sales. Following backlash from civil society and artists who had previously won the award, the German Music Industry Federation revoked the prize. In June the Duesseldorf Public Prosecutor’s Office declined to prosecute the two rappers for incitement of hatred. The Duesseldorf prosecutor stated that, while their songs contained anti-Semitic and misogynist lyrics, prosecutors found they were characteristic of their genre and were a form of protected artistic freedom. Federal Foreign Minister Heiko Maas said on Twitter that the rappers’ lyrics were “repugnant.”

On August 27, a group of approximately 12 neo-Nazis reportedly attacked the kosher restaurant Schalom in Chemnitz. They shouted, “Get out of Germany you Jewish pig,” threw stones and bottles at the restaurant, damaged the building’s facade, and shattered a window. The restaurant’s owner, Uwe Dziuballa, was reportedly injured when a rock hit him on the shoulder.

On September 21, an estimated 100 neo-Nazis rallied in Dortmund, North Rhine-Westphalia, and chanted anti-Semitic slogans such as “He who loves Germany is anti-Semitic.”

In December media reported that Frankfurt prosecutors were investigating five police officers who had exchanged right-wing extremist messages, including racist slogans, swastikas, and pictures of Hitler, via text message. Investigators began their work after a lawyer who defended victims’ families in the 2013-18 trials related to the right-wing terrorist organization National Socialist Underground (NSU) received in August a threatening letter signed “NSU 2.0” at her private address, which was not publicly known. When she reported the threat, investigators found that an officer in Zeil had conducted an unauthorized search for her address and uncovered the right-wing extremist messages. At year’s end the Frankfurt prosecutor’s investigation into the five police officers and the Hesse criminal police investigation into potential additional cases continued.

The foreign minister condemned anti-Semitism in schools and several politicians called for action. In response to increased pressure from community groups and the perception that anti-Semitism was increasing, the federal government created the country’s first federal anti-Semitism commissioner within the Ministry of Interior. The states of Rhineland-Palatinate, Baden-Wuerttemberg, Hessen, Bavaria, and North Rhine-Westphalia also decided to create state-level anti-Semitism commissioners. The positions’ responsibilities varied by state but involved meeting with the Jewish community, collecting statistics on anti-Semitic acts, and designing education and prevention programs.

In 2017 the government adopted the International Holocaust Remembrance Alliance’s definition of anti-Semitism: “Anti-Semitism is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of anti-Semitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.”

Trafficking in Persons

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

Persons with Disabilities

The law prohibits discrimination against persons with disabilities. The law makes no specific mention of the rights of persons with sensory or intellectual disabilities, but their rights are considered included under the other headings. NGOs disagreed whether the government effectively enforced these provisions.

In December the federal government commissioner for matters relating to persons with disabilities, Juergen Dusel, reported that more than 84,000 individuals with disabilities were not allowed to vote in federal elections. The stated reason was that 81,000 of them were the subjects of court orders declaring they were not capable of independently managing their administrative and financial matters.

Persons with disabilities faced particular difficulties in finding housing.

State officials decide whether children with disabilities may attend mainstream or special needs schools. In 2016, 523,813 children with special education needs attended school; of these, 318,002 attended special needs schools. In some instances, teachers in mainstream schools protested against teaching students with special needs. In July a Bremen administrative court ruled a teacher could not refuse to teach five students with disabilities.

In March the German Institute for Human Rights reported that refugees with disabilities were in need of special protection but noted that authorities did not always register their special needs at arrival. The institute called on federal, state, and local authorities to identify refugees with disabilities and provide them with additional support.

In March a Duesseldorf court sentenced a 46-year-old defendant to two years and eight months in prison for blackmailing a 60-year-old mentally disabled and blind colleague. When the victim placed his arm on the shoulder of a female colleague, the defendant told him that this was a severe sexual assault, but that he would not report the case to police if the victim paid him 3,000 euros ($3,450), an amount he later increased to 8,000 euros ($9,200).

National/Racial/Ethnic Minorities

The annual FOPC report for 2017 recorded 1,054 violent, politically motivated crimes committed by individuals with right-wing extremist backgrounds. Of these, 744 were categorized as xenophobic.

The fatal stabbing of a German man, reportedly by two immigrants sparked a series of anti-immigrant demonstrations in Chemnitz. On August 26, the AfD and PEGIDA organized a nonviolent gathering for 100 far-right supporters in Chemnitz. Later that same day, approximately 800 persons gathered for a spontaneous protest in downtown Chemnitz, including right-wing extremists. The demonstrators overwhelmed police, reportedly shouted xenophobic slogans, and tried to attack those who appeared to be migrants. Protests continued, and on August 27, approximately 6,000 right-wing demonstrators and 1,500 counterprotestors again took to the streets of Chemnitz. Newscasts showed right-wing extremists giving the Hitler salute, which is illegal, and chanting anti-immigrant slogans. During the demonstrations 18 demonstrators and two police officers were injured.

Harassment of foreigners and members of racial minorities such as Roma remained a problem throughout the country. Hostility focused on the increasing number of asylum seekers, refugees, and migrants from the Middle East and Africa.

The NGO Amoro Foro documented 252 cases of discrimination against Sinti and Roma individuals in 2017 in Berlin. According to the NGO, most of the incidents occurred in contact with public authorities such as job centers, educational institutions, and healthcare centers.

Persons of foreign origin faced particular difficulties finding housing. FADA reported cases of landlords denying rental apartments to persons not of ethnic-German origin, particularly of Turkish and African origin, in order to maintain a majority ethnic-German population in certain neighborhoods.

In the lead-up to the Bavarian state elections in October, the AfD party in Bavaria hung campaign posters calling for “Islam-free schools,” which the party explained as a call to end “Islamic education and headscarves in schools.”

From December 2017 through April, Tafel, an NGO food bank in Essen, suspended issuance of membership cards to foreign nationals. Foreign nationals reportedly comprised 70 percent of the organization’s food aid, and several German clients complained they were treated rudely by young foreign men. In May the food bank announced new membership rules, stating that individuals who were handicapped, single parents, single and older than 50, and families with children would receive preference.

In June a court in Hagen, North Rhine-Westphalia, sentenced a 56-year-old man to a two-year suspended sentence for grievous bodily harm. In November 2017 the man stabbed Altena mayor Andreas Hollstein in the neck while shouting, “You let me die of thirst, but you bring 200 foreigners to town.” In May 2017 Altena had won the first-ever National Prize for Integration for accepting more refugees beyond the assigned quota.

In August the Higher Administrative Court in Muenster, North Rhine-Westphalia, overruled a lower court’s sentence and decided that the identity check of a citizen of color in 2013 at a train station violated the law’s basic nondiscrimination principle. According to the ruling, police cannot conduct identity checks solely based on skin color.

In March 2017, a 20-year-old Serbian Rom sued the state of North Rhine-Westphalia for damages and compensation. He claimed he was wrongfully diagnosed as having mental disabilities when he entered elementary school in Bavaria. In July, Cologne’s local court ruled the plaintiff was entitled to compensation.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

The law prohibits discrimination based on sexual orientation and gender identity. LGBTI activists criticized the requirement that transgender persons be diagnosed as “mentally ill” in order to obtain legal gender recognition.

In 2017 the Federal Constitutional Court ruled it was unconstitutional for birth certificates to offer only “male” and “female” sex markers. In December parliament passed a law allowing for a third sex marker on government forms for intersex individuals. The law also allows intersex individuals to update retroactively their first name and sex marker on their birth certificates. Individuals are required to present a medical certificate when electing to use the intersex sex marker. Activists expressed concern that the new sex marker would apply only to those with a medical certificate and to intersex, and not transgender, individuals.

In March the LGBTI magazine Siegessaeule reported a series of attacks on transgender sex workers in Berlin. Groups of men reportedly drove up to the victims, threw objects at them, and threatened them with knives.

HIV and AIDS Social Stigma

The NGO German AIDS Foundation reported that societal discrimination against persons with HIV/AIDS ranged from isolation and negative comments from acquaintances, family, and friends to bullying at work. A domestic AIDS service NGO continued to criticize authorities in Bavaria for continuing mandatory HIV testing of asylum seekers.

Other Societal Violence or Discrimination

In March unknown perpetrators wrote anti-Muslim graffiti on the Fatih Mosque in Bremen-Groepelingen. The Bremen Police State Protection unit investigated. The chair of the Fatih Mosque, Zekai Gumus, called on the Bremen senate and authorities to solve the crime, noting police had not identified suspects responsible for a 2017 attack on the mosque.

In July in Berlin an unknown person or persons poured a flammable substance over two homeless individuals while they were sleeping and set them on fire. Both men suffered severe burns. Police were investigating at year’s end.

Civil society organizations continued to report discriminatory identity checks by police on members of ethnic and religious minorities.

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in all areas of occupation and employment, from recruitment, self-employment, and promotion to career advancement. Although origin and citizenship are not explicitly listed as grounds of discrimination in the law, victims of such discrimination have other means to assert legal claims. The law obliges employers to protect employees from discrimination at work.

The government effectively enforced these laws and regulations during the year. Employees who believe they are victims of discrimination have a right to file an official complaint and to have the complaint heard. If an employer remains inactive or fails to protect the employee effectively, employees may remove themselves from places and situations of discrimination without losing employment or pay. In cases of violations of the law, victims of discrimination are entitled to injunctions, removal, and material or nonmaterial damages set by court decision. Penalties were sufficient to deter violations.

In 2017 FADA’s quadrennial report found serious discrimination risks at the country’s employment agencies. For example, staff at government-run local employment agencies discriminated against single parents or persons with disabilities, in some instances, leading to missed opportunities for job seekers. FADA highlighted that applicants of foreign descent and with foreign names faced discrimination even when they had similar or better qualifications than others. FADA stated the majority of complaints concerned the private sector, where barriers for persons with disabilities persisted.

In 2017, three female teachers in Berlin filed separate lawsuits against schools after not being hired, accusing the schools of having rejected them because they wore headscarves. The schools invoked the neutrality act that prohibits teachers from wearing religious symbols at work. In February, one defendant received 8,680 euros ($9,980) after the Berlin labor court concluded the school violated equal opportunity laws. In May the same court found against the second teacher, ruling that the state administration had the right to transfer its teachers to any other post of the same salary level. In July the Berlin labor court decided in favor of the third complainant, ordering compensation of approximately 7,000 euros ($8,050).

In November the State Labor Court of Berlin and Brandenburg awarded approximately 5,000 euros ($5,750) in compensation to a job applicant for discrimination on the grounds of religion. The job applicant, a trained information technology (IT) expert, claimed that her job application to work as a teacher was denied because she wore a headscarf. The trained IT expert had applied for a post as a teacher. In May the local labor court had ruled that because teachers served as a model for young students, the school was justified in limiting her religious freedom and asking her to teach without her headscarf. The state court saw no indication that the teacher wearing a headscarf would have threatened “school peace,” quoting the Federal Constitutional Court’s 2015 decision that this was a necessary condition for prohibiting teacher’s from wearing headscarves.

The law provides for equal pay for equal work. In March the Federal Statistical Office found the gross hourly wages of women in 2017–16.56 euros ($19.04)–were on average 21 percent lower than those of men, which were 21 euros ($24). It blamed pay differences in sectors and occupations in which women and men were employed, as well as unequal requirements for leadership experience and other qualifications as the principal reasons for the pay gap. Women were underrepresented in highly paid managerial positions and overrepresented in some lower-wage occupations (see section 7.d.). FADA reported women were at a disadvantage regarding promotions, often due to career interruptions for child rearing.

The law imposes a gender quota of 30 percent for supervisory boards of certain publicly traded corporations. It also requires approximately 3,500 companies to set and publish self-determined targets for increasing the share of women in leading positions (executive boards and management) by 2017 and to report on their performance. Consequently, the share of women on supervisory boards of those companies bound by the law increased from approximately 20 percent in 2015 to 30 percent in 2017. Meanwhile, the representation of women on management boards in the top 200 companies remained at 8 percent.

There were also reports of employment discrimination against persons with disabilities. The unemployment rate among persons with disabilities decreased to 11.4 percent in 2017, remaining considerably higher than that of the general population (on average 5.7 percent for 2017). Employers with 20 or more employees must hire persons with more significant disabilities to fill at least 5 percent of all positions; companies with 20 to 40 employees must fill one position with a person with disabilities, and companies with 40 to 60 employees must fill two positions. Each year companies file a mandatory form with the employment office verifying whether they meet the quota for employing persons with disabilities. Companies that fail to meet these quotas pay a monthly fine for each required position not filled by a person with disabilities. In 2017 more than 123,000 employers did not employ enough persons with disabilities and paid fines.

The law provides for equal treatment of foreign workers, although foreign workers faced some wage discrimination. For example, employers, particularly in the construction sector, sometimes paid lower wages to seasonal workers from Eastern Europe.

Ghana

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law criminalizes rape of women but not spousal rape. Sexual assault on a male can be charged as indecent assault. Prison sentences for those convicted of rape range from five to 25 years, while indecent assault is a misdemeanor subject to a minimum term of imprisonment of six months.

Rape and domestic violence remained serious problems. Survey data released in 2016 suggested 28 percent of women and 20 percent of men had experienced at least one type of domestic violence in the 12 months prior to the study.

The Domestic Violence and Victim Support Unit (DOVVSU) of the Police Service worked closely with the Department of Social Welfare, the Domestic Violence Secretariat, the CHRAJ, the Legal Aid Board, the Ark Foundation, UNICEF, the UN Population Fund (UNFPA), the national chapter of the International Federation of Women Lawyers, and several other human rights NGOs to address rape and domestic violence. Inadequate resources and logistical capacity in the DOVVSU and other agencies, however, hindered the full application of the Domestic Violence Act. Pervasive cultural beliefs in women’s roles, as well as sociocultural norms and stereotypes, posed additional challenges to combatting domestic violence. According to a 2014 study, almost one-third of girls and women ages 15-24 believed wife beating could be justified. The Domestic Violence Secretariat’s management board was not established by the new administration until March.

Unless specifically called upon by the DOVVSU, police seldom intervened in cases of domestic violence, in part due to a lack of counseling skills, shelter facilities, and other resources to assist victims. Few of the cases wherein police identified and arrested suspects for rape or domestic abuse reached court or resulted in conviction due to witness unavailability, inadequate resources and training on investigatory techniques, police prosecutor case mismanagement, and, according to the DOVVSU, lack of resources on the part of victims and their families to pursue cases. There was also no shelter to which police could refer victims. In cases deemed less severe, victims were returned to their homes. Otherwise, the DOVVSU contacted NGOs to identify temporary shelters. Authorities reported officers occasionally had no alternative but to shelter victims in their own residences until other arrangements could be made.

The DOVVSU continued to teach a course on domestic violence case management for police officers assigned to the unit. There was also an SGBV workshop provided for police in January.

Due to limited resources, a hotline for victims of domestic violence was suspended, although the DOVVSU tried to reach the public through various social media accounts. The DOVVSU also addressed rape through public education efforts on radio and in communities, participation in efforts to prevent child marriage and SGBV, expansion of its online data management system to select police divisional headquarters, and data management training.

Female Genital Mutilation/Cutting (FGM/C): Several laws include provisions prohibiting FGM/C. Although rarely performed on adult women, the practice remained a serious problem for girls younger than 18 years. Intervention programs were partially successful in reducing the prevalence of FGM/C, particularly in the northern regions. According to the Ministry of Gender, Children, and Social Protection, FGM/C was significantly higher in the Upper East Region with a prevalence rate of 27.8 percent, compared with the national rate of 3.8 percent.

For more information, see Appendix C.

Other Harmful Traditional Practices: The constitution prohibits practices that dehumanize or are injurious to the physical and mental well-being of a person. Media reported several killings and attempted killings for ritual purposes. A man was arrested in December 2017 and confessed to killing an elderly woman to use her body parts to perform a ritual. In the Northern, Upper East, and Upper West Regions, rural women and men suspected of “witchcraft” were banished by their families or traditional village authorities to “witch camps.” Such camps were distinct from “prayer camps,” to which persons with mental illness were sometimes sent by their families to seek spiritual healing. Some persons suspected of witchcraft were also killed. According to an antiwitchcraft accusation coalition, there were six witch camps throughout the country, holding approximately 2,000-2,500 adult women and 1,000-1,200 children. One camp had seen its numbers go down significantly due to education, support, and reintegration services provided by the Presbyterian Church. The Ministry of Gender, Children, and Social Protection has the mandate to monitor witch camps but did not have the resources to do so effectively.

The law criminalizes harmful mourning rites, but such rites continued, and authorities did not prosecute any perpetrators. In the north, especially in the Upper West and Upper East Regions, widows are required to undergo certain indigenous rites to mourn or show devotion for the deceased spouse. The most prevalent widowhood rites included a one-year period of mourning, tying ropes and padlocks around the widow’s waist or neck, forced sitting by the deceased spouse until burial, solitary confinement, forced starvation, shaving the widow’s head, and smearing clay on the widow’s body. In the Northern and Volta Regions along the border with Togo, wife inheritance, the practice of forcing a widow to marry a male relative of her deceased husband, continued.

In August, Second Lady Samira Bawumia launched the Coalition of People Against SGBV and Harmful Practices. UNFPA provided support. Its mission is to pursue high-level advocacy for resources to assist SGBV victims and increase prevention efforts in the country.

Sexual Harassment: No law specifically prohibits sexual harassment, although authorities prosecuted some sexual harassment cases under provisions of the criminal code.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: The constitution and law provide for the same legal status and rights for women as for men under family, labor, property, nationality, and inheritance laws. While the government generally made efforts to enforce the law, predominantly male tribal leaders and chiefs are empowered to regulate land access and usage within their tribal areas. Within these areas, women were less likely than men to receive access rights to large plots of fertile land. Widows often faced expulsion from their homes by their deceased husband’s relatives, and they often lacked the awareness or means to defend property rights in court.

Children

Birth Registration: Citizenship is derived by birth in the country or outside if either of the child’s parents or one grandparent is a citizen. Children unregistered at birth or without identification documents may be excluded from accessing education, health care, and social security. Although having a birth certificate is required to enroll in school, government contacts indicated that children would not be denied access to education on the basis of documentation. The country’s 2016 automated birth registration system aims at enhancing the ease and reliability of registration. The Ministry of Gender, Children, and Social Protection and the Ministry of Local Government and Rural Development were in talks about a proposal to issue birth certificates to children through the age of 15 as part of efforts to curb trafficking. There were no further specifics provided by the government, and it remained unclear how authorities would implement the policy.

For additional information, see Appendix C.

Education: The constitution provides for tuition-free, compulsory, and universal basic education for all children from kindergarten through junior high school. In September 2017 the government began phasing in a program to provide tuition-free enrollment in senior high school, beginning with first-year students. Girls in the northern regions and rural areas throughout the country were less likely to continue and complete their education due to the weak quality of educational services, inability to pay expenses related to schooling, prioritization of boys’ education over girls’, security problems related to distance between home and school, lack of dormitory facilities, and inadequate sanitation and hygiene facilities.

Child Abuse: The law prohibits sex with a child younger than 16 years with or without consent, incest, and sexual abuse of minors. There continued to be reports of male teachers sexually assaulting and harassing both female and male students. In July the Ghana Education Service fired four high school teachers in the Ashanti Region for sexually assaulting some students, although four other teachers in the same region were kept on the payroll but transferred to other schools. The DOVVSU’s Central Regional Office reported a 28 percent increase in cases of sexual abuse of girls younger than 16. According to the Ghana Police Service, reports of adults participating in sexual relations with minors rose by almost 26 percent in 2017, with the highest number of cases reported in Greater Accra and Ashanti Regions. Physical abuse and corporal punishment of children were concerns. Local social workers rarely had sufficient resources, such as transportation and equipment, to effectively respond to and monitor cases of child abuse and neglect.

Early and Forced Marriage: The minimum legal age for marriage for both sexes is 18 years. The law makes forcing a child to marry punishable by a fine, one year’s imprisonment, or both. Early and forced child marriage, while illegal, remained a problem, with 34 percent of girls living in the three northern regions of the country marrying before the age of 18. Through September the CHRAJ had received 18 cases of early or forced marriage.

The Child Marriage Unit of the Domestic Violence Secretariat of the Ministry of Gender, Children, and Social Protection continued to lead governmental efforts to combat child marriage. The ministry launched the first National Strategic Framework on Ending Child Marriage in Ghana (2017-26). The framework prioritizes interventions focused on strengthening government capacity to address issues of neglect and abuse of children, girls’ education, adolescent health, and girls’ empowerment through skills development. The National Advisory Committee to End Child Marriage and the National Stakeholders Forum, with participation from key government and civil society stakeholders, provided strategic guidance and supported information sharing and learning on child marriage among partners in the country. The Child Marriage Unit also created a manual with fact sheets and frequently asked questions, distributing 6,000 copies throughout the country, and created social media accounts to try to reach wider audiences. In November the country hosted a two-day summit on ending child marriage. First Lady Rebecca Akufo-Addo delivered opening remarks at the African Union-organized event, which convened gender ministers, civil society organizations, and technical advisors from across the continent.

For additional information, see Appendix C.

Sexual Exploitation of Children: The law prohibits commercial sexual exploitation of children. The minimum age for consensual sex is 16 years, and participating in sexual activities with anyone under this age is punishable by imprisonment for seven to 25 years. The law criminalizes the use of a computer to publish, produce, procure, or possess child pornography, punishable by imprisonment for up to 10 years, a fine of up to 5,000 penalty units (60,000 cedis or $13,300), or both.

Infanticide or Infanticide of Children with Disabilities: The law bans infanticide, but several NGOs reported that communities in the Upper East Region kill “spirit children” born with physical disabilities who are suspected of being possessed by evil spirits. Local and traditional government entities cooperated with NGOs to raise public awareness about causes and treatments for disabilities and to rescue children at risk of ritual killing.

Displaced Children: The migration of children to urban areas continued due to economic hardship in rural areas. Children were often forced to support themselves to survive, contributing to both child prostitution and the school dropout rate. Girls were among the most vulnerable to commercial sexual exploitation while living on the streets.

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 Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.

Anti-Semitism

The Jewish community has a few hundred members. There were no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

The law explicitly prohibits discrimination against persons with disabilities, but the government did not effectively enforce the law. The law provides that persons with disabilities have access to public spaces with “appropriate facilities that make the place accessible to and available for use by a person with disability,” but inaccessibility to schools and public buildings continued to be problems. Some children with disabilities attended specialized schools that focused on their needs, in particular schools for the deaf. The government lifted a hiring freeze and hired 27 persons with disabilities who were trained teachers to work in the mainstream education sector. As of September there were 150 pending applications from persons with disabilities for a government internship program through the Nation Builders Corps, a government initiative to address graduate unemployment. Overall, however, few adults with disabilities had employment opportunities.

Persons with both mental and physical disabilities, including children, were frequently subjected to abuse and intolerance. Children with disabilities who lived at home were sometimes tied to trees or under market stalls and caned regularly; families reportedly killed some of them. The Ghana Education Service, through its Special Education Unit, supported education for children who are deaf or hard of hearing or have vision disabilities through 14 national schools for deaf and blind students, in addition to one private school for them.

Thousands of persons with mental disabilities, including children as young as seven, were sent to spiritual healing centers known as “prayer camps,” where mental disability was often considered a “demonic affliction.” Some residents were chained for weeks in these environments, denied food for seven consecutive days, and physically assaulted. In his statement about his 2018 visit to the country, UN Special Rapporteur Alston noted, “Persons with disabilities and families with a disabled child face a double burden of poverty.” Officials took few steps to implement a 2012 law that provides for monitoring of prayer camps and bars involuntary or forced treatment. International donor funding helped support office space and some operations of the Mental Health Authority. The Ministry of Health discontinued data collection on persons with disabilities in 2011. In July 2017 officials from the Mental Health Authority rescued 16 persons with mental disabilities whom they found chained at a prayer camp in Central Region; the individuals were later taken to the Ankaful psychiatric hospital for treatment. Despite these efforts, Human Rights Watch reported in October that it found more than 140 persons with real or perceived mental health conditions detained in unsanitary, congested conditions at a prayer camp. In December the Mental Health Authority released guidelines for traditional and faith-based healers as part of efforts to ensure that practitioners respect the rights of patients with mental illness.

There was public outcry when Second Deputy Speaker of Parliament Alban Bagbin remarked that the ministerial appointments of persons with disabilities had led to the National Democratic Congress party’s defeat. Bagbin tried to retract his remarks, but organizations such as the Ghana Blind Union expressed disappointment he did not apologize. Ivor Greenstreet, a person living with disabilities who ran in the 2016 presidential elections, called the remarks “unsavory and unacceptable” and “un-befitting …the high office of … Speaker.”

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

The law does not prohibit discrimination based on sexual orientation and gender identity. The law criminalizes the act of “unnatural carnal knowledge,” which is defined as “sexual intercourse with a person in an unnatural manner or with an animal.” The offense covers only persons engaged in same-sex male relationships and those in heterosexual relationships. There were no reports of adults prosecuted or convicted for consensual same-sex sexual conduct.

Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons faced widespread discrimination in education and employment. In June, following his visit to the country in April, UN Special Rapporteur Alston noted that stigma and discrimination against LGBTI persons made it difficult for them to find work and become productive members of the community. As of September the CHRAJ had received five reports of discrimination based on sexual orientation or gender identity. LGBTI persons also faced police harassment and extortion attempts. There were reports police were reluctant to investigate claims of assault or violence against LGBTI persons, although some activists said that police attitudes were slowly changing. Gay men in prison were vulnerable to sexual and other physical abuse.

While there were no reported cases of police or government violence against LGBTI persons during the year, stigma, intimidation, and the attitude of the police toward LGBTI persons were factors in preventing victims from reporting incidents of abuse.

Media reported in August that 400 members of the LGBTI community had registered with the National Coalition for Proper Human Sexual Rights and Family “to undergo voluntary counselling and reformation.” Amnesty International earlier in the year criticized authorities for conducting involuntary medical tests on two young men who were allegedly found having sex. According to one survey, approximately 60 percent of citizens “strongly disagree” or “disagree” that LGBTI persons deserve equal treatment with heterosexuals.

Activists working to promote LGBTI rights noted great difficulty in engaging officials on these issues because of their social and political sensitivity. Speaker of Parliament Mike Oquaye said in May he “would rather resign than subscribe to these delusions,” referring to gay rights legislation. He also said it was unacceptable that foreign governments or groups champion homosexuality and bestiality as human rights. Second Deputy Speaker of Parliament Bagbin said in a radio interview in April, “Homosexuality is worse than [an] atomic bomb” and “there is no way we will accept it in (this) country.” In November 2017 President Akufo-Addo made remarks in an interview interpreted by many citizens as supporting same-sex marriage. After much criticism the Office of the President issued a statement in April in which a bolded line read, “It will NOT be under his Presidency that same-sex marriage will be legalized in Ghana.” President Akufo-Addo later delivered remarks at an evangelical gathering where he assured the audience, “This government has no plans to change the law on same-sex marriage.” Media coverage regarding homosexuality and related topics was almost always negative.

HIV and AIDS Social Stigma

Discrimination against persons with HIV/AIDS remained a problem. Fear of stigma surrounding the disease, as well as a fear that men getting tested would immediately be labeled as gay, continued to discourage persons from getting tested for HIV infection, and those who tested positive from seeking timely care. HIV-positive persons faced discrimination in employment and often were forced to leave their jobs or houses. As of September the CHRAJ received nine cases of discrimination based on HIV status. The government and NGOs subsidized many centers that provided free HIV testing to citizens, although high patient volume and the physical layout of many clinics often made it difficult for the centers to respect confidentiality.

A 2016 law penalizes discrimination against a person infected with or affected by HIV or AIDS by a fine of 100 to 500 penalty units (1,200 cedi to 6,000 cedis, or $265-$1,330), imprisonment for 18 months to three years, or both. The law contains provisions that protect and promote the rights and freedoms of persons with HIV/AIDS and those suspected of having HIV/AIDS, including the right to health, education, insurance benefits, employment/work, privacy and confidentiality, nondisclosure of their HIV/AIDS status without consent, and the right to hold a public or political office.

As part of World AIDS Day, the Ghana AIDS Commission organized activities across three regions centered around the theme of antistigma and antidiscrimination. In the culminating event to mark World AIDS Day, the minister for sanitation and water resources read a statement on behalf of President Nana Akufo-Addo encouraging people to get tested.

Other Societal Violence or Discrimination

Chieftaincy disputes, which frequently resulted from lack of a clear chain of succession, competing claims over land and other natural resources, and internal rivalries and feuds, continued to result in deaths, injuries, and destruction of property. According to the West Africa Center for Counterextremism, chieftaincy disputes and ethnic violence were the largest source of insecurity and instability in the country. Throughout the year disputes continued between Fulani herdsmen and landowners that at times led to violence. In April, for example, one person died and several houses were burned down when clashes between a farmer and Fulani herdsmen escalated. Similar clashes led to the deaths of two persons who were shot by suspected herdsmen, according to January reports.

In May a long-standing land dispute between the communities of Nkonya and Alavanyo in Volta Region led to violence when an assailant shot and killed one woman and injured another. Citing 85 lives lost since 1983, the Volta Regional Peace Council called for an end to reprisal killings. Earlier in the year, a chieftaincy dispute resulted in five injuries and 10 arrests. Early in the year, the National Peace Council began peace-building training with two towns in the Northern Region.

There were frequent reports of killings of suspected criminals in mob violence. Such vigilantism was often seen as justified in light of the difficulties and constraints facing the police and judicial sectors.

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The government did not effectively enforce prohibitions on discrimination. The law stipulates that an employer cannot discriminate against a person on the basis of several categories, including gender, race, ethnic origin, religion, social or economic status, or disability, whether that person is already employed or seeking employment. Discrimination in employment and occupation occurred with respect to women, persons with disabilities, HIV-positive persons, and LGBTI persons (see section 6). For example, reports indicated few companies could accommodate the special needs of persons with disabilities in the workplace. Many companies ignored or turned down such individuals who applied for jobs. Women in urban centers and those with skills and training encountered little overt bias, but resistance persisted to women entering nontraditional fields and accessing education.

In June the government announced it would award 30 percent of government contracts for local companies to persons with disabilities and women, but the means of implementing and enforcing this provision remained uncertain.

Greece

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: Rape, including spousal rape, is a crime punishable by penalties ranging from five to 20 years’ imprisonment. The law applies equally to all survivors, regardless of their sex. Domestic violence is a crime with penalties from two to 10 years’ imprisonment. Authorities generally enforced the law effectively. In November 2017 the president of the Hellenic Society of Forensic Medicine told media that only 200 of an estimated average of 4,500 rape incidents per year were officially reported. Police reported they had identified the perpetrators in 73 percent of cases of rape and attempted rape recorded in 2017, the most recent year with complete records available.

The government and NGOs made medical, psychological, social, and legal support available to rape survivors.

On April 4, the government passed legislation ratifying the Council of Europe Convention on Preventing and Combatting Violence Against Women and Domestic Violence. Under the same law, the government abolished the provision of the Penal Code that had allowed men convicted of statutory rape of a minor under 15 to avoid prosecution by marrying the victim.

The Hellenic Coast Guard found the body of 21-year-old college student Eleni Topaloudi in the sea near the island of Rhodes on November 28. Coast Guard officials told media that evidence suggested Topaloudi was physically and sexually assaulted before she died from drowning. Police arrested two men on December 4 on charges of gang raping and murdering Topaloudi. The men remained in pretrial detention at year’s end.

Female Genital Mutilation/Cutting (FGM/C): On April 4, new legislation added provisions to the Penal Code stipulating punishment for individuals who coerce or force female individuals to undergo genital mutilation. Perpetrators of female genital mutilation face mandatory prison sentences under the new law.

Although there were allegations of migrant and refugee women residing in the country undergoing female genital mutilation prior to their arrival in Greece, there was no concrete evidence that female genital mutilation was practiced in the country.

Sexual Harassment: The law prohibits sexual harassment and provides penalties ranging from two months to five years in prison. In its 2017 report on gender and equality, the ombudsman reiterated previous findings about the difficulty in substantiating sexual harassment claims due to lack of evidence, victims’ fear of repercussions of reporting cases, and the reluctance of witnesses to take sides. The report notes that many incidents of sexual harassment are not reported to the ombudsman. In his reports from previous years, the ombudsman had also noted the absence of a policy against sexual harassment in most private and public workplaces, emphasizing that employers were often ignorant of their legal obligations when employees filed sexual harassment complaints.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: The constitution provides for equality between women and men. The government effectively enforced the laws promoting gender equality, which provided for women to enjoy the same legal status and rights as men, with some exceptions when Muslim minority members in Thrace request the use of sharia by notarized consent of both parties. (See also National/Racial/Ethnic Minorities.)

According to a survey released on March 8 by a private company, the percentage of women holding executive positions in the country increased to 26 percent in 2017 from 20 percent in 2016. The government failed to provide data on the gender pay gap, as reported by Eurostat on March 8. Based on 2014 data, the last year that the government provided relevant statistics, local women were paid an average of 12.5 percent less than men.

On May 2, Eurostat reported that 17 percent of men and 26 percent of women were unemployed in January.

On March 8, the minister for labor, social insurance, and social solidarity announced the government would no longer reveal the gender of unemployed individuals they recommend for job vacancies to avoid gender bias in hiring decisions. The government also decided to allow female victims of domestic violence residing in special shelters or lacking permanent residence to register for unemployment benefits, including training programs and state allowances.

Children

Birth Registration: Citizenship is derived from one’s parents at birth; a single parent may confer citizenship on a child. Parents are obliged to register their children within 10 days of birth. The law allows belated birth registration but imposes a fine.

Child Abuse: Violence against children, particularly migrant, refugee, street, and Romani children, remained a problem. On July 11, the NGO “Smile of the Child” reported having received 497 reports of serious cases of abuse related to 854 children through its helpline “SOS 1056” from January 1 to June 30. Of these children, 40 percent were less than six years of age. The law prohibits corporal punishment and mistreatment of children, but government enforcement was generally ineffective. Welfare laws provide for treatment and prevention programs for abused and neglected children in addition to foster care or accommodation in shelters. Government-run institutions were understaffed, however, and NGOs reported insufficient space, including for unaccompanied minors who by law are entitled to special protection and should be housed in special shelters.

On May 15, the government passed new legislation allowing foster care and adoption procedures to be completed in under a year, making these a viable option for children in urgent need of protection.

On July 13, local NGO ELIZA launched a program to train 450 police staff members on child abuse and proper registration of child abuse-related complaints.

Early and Forced Marriage: The legal age for marriage is 18, although minors ages 16 and 17 may marry with authorization from a prosecutor. While official statistics were unavailable, NGOs reported that illegal child marriage was common in Romani communities, with Romani girls often marrying between the ages of 15 and 17, or even younger, and Romani boys marrying between the ages of 15 and 20. Based on 2000-16 data from the Hellenic Statistical Authority, 9,407 minors were married during that period, 86 percent of whom were girls averaging 16 years of age.

Sexual Exploitation of Children: The legal age of consent is 15. The law criminalizes sex with children under the age of 15. The law prohibits the commercial sexual exploitation of children and child pornography and imposes penalties if the crime was committed using technology in the country. Authorities generally enforced the law.

Displaced Children: According to EKKA data from November 1, there were approximately 3,558 refugee and migrant unaccompanied children residing in the country. Local and international NGOs attested that unaccompanied minors were not always properly registered, at times lacked safe accommodations or legal guardians, and were vulnerable to labor and sexual exploitation, including survival sex. EKKA statistics indicated that 451 unaccompanied minors were homeless and 275 could not be located.

On July 17, parliament passed new legislation requiring an individual “legal guardian” for each unaccompanied minor. The legislation allowed older unaccompanied minors to reside in units of semi-autonomous living, established a special body entrusted with the protection of minors and the monitoring of guardianship in each prosecution office, created a special directorate for the protection of unaccompanied minors in the national government, established a registry of certified guardians who meet certain criteria, established a registry of unaccompanied minors, and created a registry of shelters/facilities for unaccompanied minors.

Institutionalized Children: Local and international organizations condemned the use of protective custody for unaccompanied minors for prolonged periods, often in unsanitary, overcrowded conditions, resulting from a lack of available spaces in specialized shelters (see section 1, Prison and Detention Center Conditions, Physical Conditions).

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 Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.

Anti-Semitism

Local Jewish leaders estimated the Jewish community included approximately 5,000 individuals. Anti-Semitic rhetoric remained a problem, particularly in the extremist press, social networking sites, and certain blogs. Vandalism of Holocaust monuments and memorials around the country, particularly in the city of Thessaloniki, took place throughout the year. The Central Board of Jewish Communities (KIS) continued to express concern about anti-Semitic comments by some journalists in mainstream media and by some religious leaders, including Greek Orthodox Church clerics. KIS reiterated concern about political cartoons and images in mainstream media mocking political controversies through the use of Jewish sacred symbols and comparisons to the Holocaust or through equating Jews and Nazis.

Thousands of protesters participated in a massive rally in Thessaloniki on January 21 against the country’s negotiations with Macedonia on the name issue. Mayor of Thessaloniki Yannis Boutaris was absent from this rally, which led to insults and posters subsequently put up around the city calling Boutaris a “closet Jew!”

On January 22, NGO Greek Helsinki Monitor (GHM) filed a judicial complaint against local governments, Orthodox priests, and media for propagating the custom of the “burning of Judas” during Orthodox Easter celebrations. GHM listed 69 different cities, parishes, and media outlets that organized and advertised this custom, which was repeatedly criticized by KIS for perpetuating anti-Semitism and officially denounced by the Orthodox Church. No outcome of this complaint was publicized by year’s end.

On March 10, police arrested four of the seven alleged members of the extreme-right group “Combat 18 Hellas.” The criminal group was accused of involvement in explosions, arson attacks, and vandalism of Jewish cemeteries and monuments. A trial had not begun by year’s end.

On April 27, a Thessaloniki misdemeanor court sentenced unofficial mufti of Xanthi Ahmet Mete to eight months in prison for making racist and anti-Semitic comments. In a 2014 speech, Mete stated that, “Our brothers suffer in Gaza, because of Israel. Curse on Israel. They were turned into soap by the Germans, and Hitler was right when he said that you might get mad at me now [for annihilating the Jews] but one day I will be vindicated for [what I did to] the Jews.” On May 6, despite his recent conviction, Mete gave a public address in which he accused Jews of being “murderers of infants,” and told followers that religion requires Muslims who see “an evil action [to] change it with his hand; if he cannot, then with his tongue; and if he cannot, then hate him with his heart.”

On May 4, unknown vandals destroyed nine marble stones in the Jewish section of a historic Athens cemetery. President of the Athens Jewish Community Minos Moissis called the destruction “the most severe incident [of anti-Semitism] in Athens in the past 15 years.” The mayor of Athens, the secretary generals for religious affairs and human rights, and all mainstream political parties condemned the vandalism and participated in a ceremony of solidarity with the Jewish community in the cemetery. Moissis told the press that police immediately gathered evidence and filed charges.

In a June 8 interview, Mayor of Argos-Mycenae Dimitris Kamposos criticized Boutaris for his position on certain domestic issues. Mayor Kampossos said that Boutaris gets away with supporting LGBT rights because “he is liked by the Jews,” and added “we, on the other hand, cannot say what we want because we have never worn the kippah.” Kamposos was expelled from the New Democracy party and the party spokesman said it would “not tolerate any bigoted and dividing speech by any party officials.”

On July 11, unknown perpetrators desecrated and threw paint on a monument marking the site of the former Jewish cemetery inside the Aristotle University campus in Thessaloniki. The university, government officials, and opposition party members denounced the act. There were at least five other similar examples of vandalism targeting Jewish monuments.

Trafficking in Persons

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

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities in employment, education, access to health care, information, communications, buildings, transportation, the judicial system, and other state services such as special education. NGOs and organizations for disability rights reported that government enforcement of these provisions was inconsistent. There were no reported instances of police or other government officials inciting, perpetuating, or condoning violence against persons with disabilities. Most children with disabilities had the option of attending mainstream or specialized schools, unless their disability was so significant they could not function in a mainstream classroom.

According to the General Confederation of Greek Workers (GSEE), the dropout rate for students with disabilities was 30 percent. Only about 59 percent of disabled students were able to finish middle school.

Persons with disabilities, including children, continued to have poor access to public buildings, transportation, and public areas, which the law mandates they should have, particularly to buildings, ramps for sidewalks, and public transportation vehicles. While the law allows service animals to accompany blind individuals in all mass transit and eating establishments, blind activists maintained that they occasionally faced difficulties accessing public transportation, places, and services. On May 9, the president of the Association of Paraplegic Individuals stated to media that national railway employees prohibited him from traveling by train in his electric wheelchair and he was only able to travel after referring his concerns to the deputy minister of transport. On March 1, the legal representative of an association of families with autistic members reported on social media that after an institution near Piraeus port closed, about 30 autistic residents were transferred to another facility, which was unsafe and equipped with inadequate staff. Association members uploaded photos of the residents in restraints. On March 3, the same legal representative also told media that one resident died from a lung infection associated with stress after the transfer. Government officials publicly committed to improve conditions after his death; no further information was available at year’s end.

In his 2017 antidiscrimination report, the ombudsman described helping a totally blind individual obtain a handicapped parking pass for his vehicle, driven by his wife. Although the law does not explicitly provide handicapped parking spaces for blind individuals, the ombudsman intervened with municipal authorities to help them provide the parking pass under other statutes and to help them design regulations to govern similar requests.

On January 8 and February 28, the government launched new special education facilities in two separate locations around Athens; a special education primary and nursery school and a special education vocational school. On May 11, the deputy minister for education, research, and religions reported that 23 new special education schools had been established around the country. On July 18, the parliament passed legislation allowing third country nationals who hold residence permits on humanitarian grounds to receive disability allowances.

National/Racial/Ethnic Minorities

While the constitution and law prohibit discrimination against members of minorities, Roma and members of other minority groups continued to face discrimination.

Although the government recognized an individual’s right to self-identification, many individuals who defined themselves as members of a minority group found it difficult to express their identity freely and to maintain their culture. A number of citizens identified themselves as Turks, Pomaks, Vlachs, Roma, Arvanites, or Macedonians. Some members of these groups unsuccessfully sought official government identification as ethnic or linguistic minorities. Courts routinely rejected registration claims filed by associations in Thrace with titles including the terms Turk and Turkish when based on ethnicity grounds, although individuals may legally call themselves Turks, and associations using those terms were not prohibited from operating. Government officials and courts denied requests by Slavic groups to use the term Macedonian in identifying themselves, stating that more than two million ethnically (and linguistically) Greek citizens also used the term Macedonian in their self-identification.

The government officially recognized a Muslim minority, as defined by the 1923 Treaty of Lausanne, consisting of approximately 100,000-120,000 persons descended from Muslims residing in Thrace at the time of the treaty’s signature and including ethnic Turkish, Pomak, and Romani communities. Some Pomaks and Roma claimed that ethnically Turkish members of the Muslim minority pressured them to deny the Pomak and Roma ethnicities were distinct from Turkish and provided monetary incentives to encourage them to say they were ethnically Turkish. The government operated 148 primary schools and two secondary schools in the Thrace region that provided secondary bilingual education for minority children in Greek and Turkish. The government also operated two Islamic religious schools in Thrace. Some representatives of the Muslim minority said these facilities were inadequate to cover their needs.

Roma continued to face widespread governmental and societal discrimination, social exclusion, and harassment, including ethnic profiling by police and alleged abuse while in police custody, discrimination in employment, limited access to education, and segregated schooling. On May 3, opposition MP Thanassis Davakis stated while addressing an audience in Sparta, “I plea and forbid any Gypsy and the rest of them to vote for me, whatever the political cost… Whoever from this social group votes for me, I won’t recognize them… I am sorry to say that, I am sorry for the little children born to these people without being asked to and for the situation the children find themselves in.” Davakis later apologized.

Poor school attendance, illiteracy, and high dropout rates among Romani children remained problems. Authorities did not enforce the mandatory education law for Romani children, and local officials often excluded Romani pupils from schools or sent them to Roma-only segregated schools.

In cooperation with local authorities, the government announced on April 25 plans to assist Roma campers in moving to organized temporary living quarters, beginning with 45 Roma families residing in the Delphi area.

The Hellenic Police’s “Center for Security Studies” continued to implement a two-year program funded by the European Commission for the co-training of 378 police staff members with Romani cultural mediators aimed at countering mutual stereotypes and fighting Romani social exclusion.

RVRN documented 34 incidents involving racially motivated verbal and physical violence against refugees and migrants in 2017. Fourteen of these incidents were reported to police.

Local media and NGOs reported race- and hate-motivated attacks on migrants by far-right groups, including alleged supporters of Golden Dawn (GD), whose members of parliament publicly expressed anti-immigrant, anti-Muslim, anti-Semitic, and homophobic views. The trial of 69 GD members, including 18 current and former members of parliament, continued. They were charged with weapons crimes and operating a criminal enterprise.

On March 23, right-wing extremist group Krypteia claimed responsibility for a March 22 arson attack on an Afghan community center in central Athens that caused significant damage but no injuries. According to press reports, assailants poured flammable liquid on the door of the community center and flames spread inside, damaging desks, tables, and computers. UNHCR condemned the attack, commenting that the center had been full of persons, including children, not long before the attack and called for steps to protect refugees and migrants. On April 2, the secretary general for human rights asked the Supreme Court head prosecutor to investigate the case.

On June 6, in cooperation with the Organization for Security and Cooperation in Europe Office for Democratic Institutions and Human Rights (ODIHR), the Ministry of Justice held a workshop on “Building a Comprehensive Criminal Justice Response to Hate Crime.” During the workshop, authorities signed an agreement for interagency cooperation on these issues, including the establishment of a national hate crime database and continued capacity building for prosecutors and law enforcement officials.

On October 16, the Supreme Court prosecutor ordered a special investigation to determine whether a fire in June at a makeshift migrant workers’ camp in the agricultural area of Manolada was motivated by racism.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

The law prohibits discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons when seeking housing, employment, naturalization, and government services such as health care. The government enforced antidiscrimination laws, which include sexual orientation and gender identity as aggravating circumstances in hate crimes. Offices combatting racist and hate crimes include crimes targeting LGBTI individuals because of their sexual orientation or gender identity in their mandates. LGBTI activists alleged that authorities were not always motivated to investigate incidents of violence against LGBTI individuals and that victims were hesitant to report such incidents to the authorities due to lack of trust. Violence against LGBTI individuals remained a problem, and societal discrimination and harassment were widespread despite advances in the legal framework protecting such individuals. LGBTI refugees and migrants reported incidents of rape, physical violence, and discrimination perpetrated by other refugees and migrants, and reported that authorities and NGOs did not adequately investigate these crimes.

RVRN reported in 2017 “the assaults recorded against LGBTI persons outnumbered all other types of assault but had decreased slightly.” RVRN did not record any incidents involving severe physical violence but only incidents of milder forms of violence and instances of repeated violence against the same individuals, including verbal abuse and personal injuries. RVRN reiterated observations from recent years about a firm tendency of perpetrators to target LGBTI activists and about the LGBTI community’s lack of trust in police. RVRN also noted an upward trend of cyber and social media attacks on individuals due to their LGBTI status. In 2017 RVRN recorded 29 incidents of attacks based on sexual orientation and another 18 based on gender identity. Five of these incidents resulted in injuries. According to RVRN organizations, only six of these 47 incidents were reported to police.

On September 21, a well-known LGBTI activist was beaten and killed in downtown Athens. On October 16, the Supreme Court prosecutor ordered an investigation and charged the two men who initiated the violence with grievous bodily harm. In December, after the final autopsy, four police officers accused of beating the activist while he was lying on the pavement to be handcuffed were charged with inflicting fatal bodily harm that resulted in the activist’s death.

On June 6, the NGO “Transgender Support Association” (SYD) issued a press statement denouncing the exclusion of transgender individuals from the police cadet recruitment process based on the assertion that they suffer from psychosexual disorders. SYD urged the Ministry of Interior and Hellenic Police to remove this exclusion because it violated the equal treatment law and stigmatized and offended transgender individuals.

On May 22, media reported on research findings from LGBTI rights advocacy youth group “Color Youth.” Color Youth conducted a survey among students to assess the prevalence of homophobia in schools, which found that about 85 percent of surveyed students attached a negative connotation to the word “gay;” 96 percent said they had heard comments about students not acting “in a manly way;” and approximately 75 percent said they had heard transphobic comments. Overall, one in three students said they have experienced some form of verbal harassment related to their perceived gender identity.

Unmarried transgender individuals over the age of 15 may update identity documents to reflect their gender identity without undergoing sex reassignment surgery. The law requires that a judge validate the change based on the individual’s external appearance. On June 4, SYD issued a press statement that judicial officials often failed to properly apply this law; SYD alleged that judges did not always secure the necessary privacy for the hearing and often used derogatory language and employed an intimidating stance toward transgender individuals and their lawyers.

On June 26, media reported that a civil court in Thessaloniki accepted a refugee transgender woman’s request that her asylum papers and residence permit reflect her gender identity. The Hellenic League for Human Rights, an NGO that supported the applicant in filing her claim with the court, called this a “pioneer decision” given the fact that the 2017 law did not openly grant this right to transgender individuals whose birth was not registered in the country.

The 14th Athens Pride Parade took place in June without incident. At the start of the seventh annual LGBTI Pride parade in Thessaloniki, two gay men were pushed into the sea. Six days later, media reported that police had launched an investigation into the incident. Twenty-two locally based Christian associations announced that they would boycott businesses sponsoring the Thessaloniki Pride event.

HIV and AIDS Social Stigma

While the law prohibits discrimination with respect to employment of HIV-positive individuals, societal discrimination against persons with HIV/AIDS remained a problem. Persons with HIV/AIDS were exempt from serving in the armed forces on medical grounds. A presidential decree authorizes the dismissal of professional military staff members if a member diagnosed with AIDS does not respond to treatment, but there were no reports of military staff dismissals under this provision. There were also no reports of employment discrimination in the private or civil service sectors on the grounds of HIV/AIDS during the year. In 2017 a court in Athens ruled there was no obligation for HIV-positive individuals with a low viral load to disclose their condition, provided they followed their treatment plans and took precautionary measures. The court acquitted an HIV-positive male accused by his female partner of intentionally trying to transmit the disease to her by not revealing his medical condition.

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation based on race, religion, national origin, color, sex (including pregnancy), ethnicity, disability, age, sexual orientation or gender identity, HIV/AIDS status, or refugee or stateless status.

The government did not always effectively enforce these laws and regulations. Penalties provided by law were not sufficient to deter violators. Penalties included prison sentences up to three years and fines up to 5,000 euros ($5,750). Discrimination with respect to employment and occupation based on race, sex (including pregnancy), disability, sexual orientation, and gender identity occurred. There was discrimination against migrant workers (see section 7.e.).

On June 29, media reported that a store allegedly fired an employee after 10 years of service because she was suffering from multiple sclerosis. On April 24, a union of employees denounced “the unlawful and abusive dismissal” of a pregnant woman who was working at a pastry shop. The employee claimed the employer was treating her as “sick,” using derogatory language, and changing her responsibilities to encourage her to resign. The employee filed three complaints with the Labor Inspectorate about the employer’s behavior and her dismissal. On January 30, media reported that a first instance court in Piraeus ruled that the burden for proving a dismissal’s lawfulness fell on the employers and employees need not prove it unlawful, noting that there should be a well-grounded reason linked with the employee’s behavior or ability or the operational needs of the business.

In its 2017 report on equal treatment, the ombudsman found that pregnancy and maternity tend to consistently place working women at a disadvantage, as their absence from work for those reasons generally results in negative consequences for their employment rights, despite the increased legal protection provided to them for these particular periods of their lives. The ombudsman also noted women working in high-ranking jobs who return to their positions following maternity leave should legally return to the same job or an equivalent one. In practice, however, women often found themselves demoted when they returned to work.

Grenada

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape, and stipulates a sentence of flogging or up to 30 years’ imprisonment for a conviction of any nonconsensual form of sex. Authorities referred charges involving rape or related crimes for prosecution.

The law prohibits domestic violence and provides for penalties at the discretion of the presiding judge based on the severity of the offense. The law allows for a maximum penalty of 30 years’ imprisonment. The central statistical office reported cases of domestic violence against both women and men. Police and judicial authorities usually acted promptly in cases of domestic violence. According to women’s rights monitors, violence against women nevertheless remained a serious and pervasive problem.

Crimes involving sexual violence rose 13 percent during the year. Police launched a special victims unit and hotline to deal with this category of crimes.

Sexual Harassment: The law prohibits sexual harassment, but there were no criminal penalties for it. The government noted it was a persistent problem.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: Women generally enjoyed the same legal status and rights as men, and there was no evidence of formal discrimination in education. The law mandates equal pay for equal work.

Children

Birth Registration: Citizenship is derived from birth in the country or, if abroad, by birth to a Grenadian parent upon petition. There is universal birth registration.

Child Abuse: Government social service agencies reported cases of child abuse, including physical and sexual abuse. Authorities placed abused children in either a government-run home or private foster homes. The law stipulates penalties ranging from five to 15 years’ imprisonment for those convicted of child abuse and disallows the victim’s alleged “consent” as a defense in cases of incest.

Early and Forced Marriage: The legal minimum age for marriage is 21, although persons as young as 18 may be married with parental consent in writing.

Sexual Exploitation of Children: A statutory rape law applies when the victim is 16 years old or under. Penalties are 30 years’ imprisonment if the victim is less than age 14, and 15 years’ imprisonment if the victim is 14 to 16 years of age. The law prohibits the posting and circulation of child pornography. The law also prohibits the importation, sale, and public display of pornography. The law prohibits sale and trafficking of children for prostitution, for the production of pornography, or for pornographic performances.

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.html.

Anti-Semitism

There is a small Jewish community. There were no reports of anti-Semitic acts.

Trafficking in Persons

There were no confirmed reports during the year that Grenada was a source, destination, or transit country for victims of human trafficking.

Persons with Disabilities

Discrimination against persons with disabilities is generally prohibited. Although the law does not mandate access to public transportation, services, or buildings, building owners increasingly incorporated accessibility features into new construction and premises renovation. The government provided for special education throughout the school system; however, most parents chose to send children with disabilities to three special education schools operating in the country, believing the three schools offered better conditions for learning.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

The law criminalizes consensual same-sex sexual activities between men and provides penalties of up to 10 years’ imprisonment. The government did not actively enforce the law. The law makes no provision for same-sex sexual activities between women. No laws prohibit discrimination against a person based on sexual orientation or gender identity in employment, housing, education, or health care.

Society generally was intolerant of consensual adult same-sex sexual conduct, and many churches condemned it. Most lesbian, gay, bisexual, transgender, and intersex persons were not open about their sexual orientation, gender identity or expression, or sex characteristics.

HIV and AIDS Social Stigma

It was common for family members to shun persons with HIV/AIDS. They also faced discrimination in housing and employment. The government encouraged citizens to visit a doctor for tests and treatment.

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in respect to employment or occupation regarding race, color, national extraction, social origin, religion, political opinion, sex, age, or disability. The law does not prohibit discrimination in respect to employment or occupation regarding language, HIV-positive status or other communicable diseases, sexual orientation, or gender identity. There is no penalty for violating the law, but authorities stated the country adheres to International Labor Organization guidelines and standards. In general the government effectively enforced the law and regulations.

Guatemala

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape, and sets penalties between five and 50 years in prison. Police had minimal training or capacity to investigate sexual crimes or assist survivors of such crimes, and the government did not enforce the law effectively.

Rape and other sexual offenses remained serious problems. The government took steps to combat femicide and violence against women. The judiciary maintained a 24-hour court in Guatemala City to offer services related to violence directed toward women, including sexual assault, exploitation, and trafficking of women and children. The judiciary also operated specialized courts for violence against women throughout the country, but not in every department. In March the Public Ministry established a 24-hour victim service center to provide medical, psychosocial, and legal support to victims, including restraining orders for their immediate protection. On August 6, in compliance with a finding from the Inter-American Court on Human Rights, the Public Ministry launched the Isabel-Claudina Alert, a national alert system for finding disappeared women. According to the Public Ministry, 428 women were reported missing via the alert through November 26, with 294 women found and 134 alerts remaining active.

The law establishes penalties for femicide of 25 to 50 years in prison without the possibility of reducing the sentence; however, femicide remained a significant problem. Unknown assailants murdered indigenous Maya women’s rights leader Juana Ramirez in Nebaj on September 21. The PDH reported Ramirez and her organization, the Ixil Women’s Network, had received multiple death threats for supporting female victims of violence.

Violence against women, including sexual and domestic violence, remained serious problems. The law establishes penalties of five to eight years for physical, economic, and psychological violence committed against women because of their gender. There were numerous examples of the PNC’s failure to respond to requests for assistance related to domestic violence. As of September 8, the PNC reported 48 open investigations against PNC officials for violence or discrimination against women or children.

Sexual Harassment: No single law, including laws against sexual violence, deals directly with sexual harassment, although several laws refer to it. Human rights organizations reported sexual harassment was widespread. On June 18, former minister of foreign affairs Edgar Gutierrez alleged that President Morales had abused at least one young women. Civil society expressed concern about the allegations, but no formal abuse charges were filed against President Morales. Gutierrez did not make public the evidence he claimed to have.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: Although the law establishes the principle of gender equality and criminalizes discrimination, women faced discrimination and were less likely to hold management positions. Two women in high-level government positions claimed critics often used gender to undermine their credibility publicly or privately block their ability to do their jobs.

Children

Birth Registration: Children derive citizenship by birth within the country’s territory or from their parents. UNICEF described low birth registration as a “serious problem,” and UNHCR reported problems in registering births were especially acute in indigenous communities due to inadequate government registration and documentation systems. Lack of registration restricted children’s access to some public services and created conditions that could lead to statelessness.

Education: While primary education is compulsory through age 14, access was limited in many rural areas; education through the secondary level is not obligatory.

Child Abuse: Child abuse remained a serious problem. A unit under the Special Prosecutor for Crimes against Children and Adolescents handled child abuse cases. The Public Ministry reported 8,930 reports of minor abuse of all types, more than triple the number from the same period last year. The ministry reported 82 convictions for child abuse from January through August.

The NGO Mutual Support Group (GAM) reported 417 minors suffered violent deaths nationwide from January through June. While deaths of minors decreased overall, GAM reported an increase in the number of girls killed compared with the same period in the previous year. NGOs dealing with gangs and other youths reported young persons detained by police were subject to abusive treatment, including physical assaults.

Early and Forced Marriage: The legal age for marriage is 18. There were reports of early and forced marriages in some rural indigenous communities and in the Lev Tahor religious community. UNICEF reported 30 percent of women ages 20 to 24 years were first married or in union by age 18 (7 percent of them by age 15) between 2008 and 2014.

Sexual Exploitation of Children: The law provides sentences ranging from 13 to 24 years in prison, depending on the victim’s age, for engaging in sex with a minor. The minimum age of consensual sex is 18.

The law prohibits child pornography and establishes penalties of six to 10 years in prison for producing, promoting, and selling child pornography and two to four years’ imprisonment for possessing it. The Public Ministry and the PNC conducted several raids against alleged online child pornography networks. A new Regional Unit against Trafficking in Persons responsible for eight departments in the Western Highlands was launched in April, expanding the government’s investigative capacity against child pornography actors. The commercial sexual exploitation of children, including child sex tourism, remained a problem, including in privately run orphanages.

Displaced Children: Criminals and gangs often recruited street children, many of them victims of domestic abuse, for purposes of stealing, extortion, transporting contraband, prostitution, and conducting illegal drug activities.

Institutionalized Children: As of September more than 500 children and adolescents lived in shelters run by the Secretariat for Social Welfare (SBS). The Secretariat against Sexual Violence, Exploitation, and Trafficking in Persons (SVET) continued temporarily to manage three shelters for children and adolescents, each with a capacity for 30 children. A government-mandated transfer of the three SVET shelters to SBS had not taken place by late November.

Overcrowding was common in shelters, and federal funding for orphanages remained limited. Local and international human rights organizations, including Disability Rights International, raised concerns that child abuse was rampant. A July investigative report claimed children with disabilities were consistently mistreated and neglected, including by being locked in cages. The Public Ministry received 22 formal reports of abuse or mistreatment of institutionalized minors during the year. In April adolescents rioted in a shelter, denouncing abuse by SBS employees and improper living conditions.

A March 2017 fire at the Hogar Seguro orphanage resulted in the deaths of 41 girls and severe injuries for 14 others. Authorities charged seven individuals with murder, abuse of authority, breach of duty, and abuse against minors in relation to the deaths of the 41 girls. Among those facing charges were former SBS secretary Carlos Rodas, former deputy secretary for protection and shelter Anahi Keller, and former shelter director Santos Torres. Trials continued, but there had been no convictions. On August 22, Congress approved a monthly government pension for the 15 survivors of the fire. The government did not make significant structural changes to the national shelter system, however.

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.html.

Anti-Semitism

The Jewish population numbered approximately 1,500 persons. There were no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

The constitution contains no specific prohibitions against discrimination based on physical, sensory, intellectual, and mental disabilities. The law, however, mandates equal access to public facilities and provides some other legal protections. In many cases, however, the law was not enforced. The law does not mandate that persons with disabilities have access to information or communications.

The National Council for Persons with Disabilities reported few persons with disabilities attended educational institutions or held jobs. The council, composed of representatives of relevant government ministries and agencies, is the principal government entity responsible for protecting the rights of persons with disabilities. Most schools and universities did not have facilities accessible to persons with disabilities. In July, Congress published the Law against Sexual Violence, Exploitation, and Trafficking in Persons in braille, the first time a law was translated into braille and published.

The Federico Mora National Hospital for Mental Health, the only public health-care provider for persons with mental illness, lacked basic supplies, equipment, hygienic living conditions, and adequate professional staff. Media and human rights organizations reported mistreatment of residents, including physical, psychological, and sexual violence by other residents, guards, and hospital staff, especially with respect to women and children with disabilities. Multiple legal actions were pending against the hospital.

Indigenous People

The government’s National Institute of Statistics estimated indigenous persons from 22 ethnic groups comprised 44 percent of the population. The law provides for equal rights for indigenous persons and obliges the government to recognize, respect, and promote the lifestyles, customs, traditions, social organizations, and manner of dress of indigenous persons. The government does not recognize particular indigenous groups as having a special legal status provided by national law.

Multiple local NGOs raised concerns over the killings of at least nine indigenous leaders from May through September. According to Public Ministry investigations and NGO assessments, at least three of the leaders killed may have been targeted because of their political involvement and advocacy for indigenous rights. The ministry was in the process of forming a technical working group charged with investigating the killings.

Indigenous representatives claimed actors in a number of regional development projects failed to consult meaningfully with local communities. In some cases indigenous communities were not able to participate in decisions affecting the exploitation of resources in their communities, including energy, minerals, timber, rivers, or other natural resources. They also lacked effective mechanisms for dialogue with the state to resolve conflicts. On September 3, the Constitutional Court ordered the Ministry of Energy and Mines to hold International Labor Organization (ILO) Convention 169-compliant consultations with Xinka populations, upholding the suspension of the operating license of Tahoe Resources’ San Rafael Mine until after conclusion of the consultations. Previously, businesses carried out consultations independently without government oversight. A 2017 ruling allowed a hydroelectric project to continue operations concurrently during consultations led by the energy and mines ministry.

Indigenous communities were underrepresented in national politics and remained largely outside the political, economic, social, and cultural mainstream. This was mainly due to limited educational opportunities (contrary to law), limited communication regarding their rights, and pervasive discrimination. Government agencies dedicated to supporting indigenous rights lacked political support. These factors contributed to disproportionate poverty and malnutrition among most indigenous populations.

Indigenous lands lacked effective demarcation, making the legal recognition of titles to the land problematic. Indigenous rights advocates asserted that security authorities lacked familiarity with indigenous norms and practices and this engendered misunderstandings. PNC and indigenous leaders in the Western Highlands worked together to establish 37 model police precincts to better serve indigenous-majority communities, reduce violence, expand government services, and establish rule of law. The PNC established substations in three indigenous villages, Salacuim, Teleman, and Tierra Blanca, at the request of communities.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

The law does not extend specific antidiscrimination protections to LGBTI individuals based on their sexual orientation, gender identity or expression, or sex characteristics. Efforts to pass laws against such discrimination, including a gender identity law, encountered severe opposition among legislators. LGBTI human rights groups stated police officers regularly engaged in extortion and harassed male and transgender individuals whom they alleged to be sex workers. There was general societal discrimination against LGBTI persons in access to education, health care, employment, and housing. The government made minimal efforts to address this discrimination. Sandra Moran, the first openly lesbian member of Congress, was harassed and intimidated based on her sexual orientation. Several attacks targeted journalists for supposed membership in the LGBTI community. LGBTI activists groups reported increased social media attacks against them following President Morales’ August 31 decision to end CICIG’s mandate. PNC officials visited one local LGBTI NGO’s office on September 8, which the group claimed was an intimidation attempt.

According to LGBTI activists, gay and transgender individuals often experienced police abuse. The local NGO National Network for Sexual Diversity and HIV and the Lambda Association reported that from April 20 through November 11, 19 LGBTI persons were killed, including several transgender individuals the NGOs believed were targeted due to their sexual orientation. In May major media outlets reported that an unknown assailant shot and killed two LGBTI persons inside a home in Guatemala City. The case remained under investigation. The NGO Somos reported 35 violent attacks against LGBTI individuals during the year. LGBTI groups claimed women experienced specific forms of discrimination, such as forced marriages and forced pregnancies through “corrective rape,” although these incidents were rarely, if ever, reported to authorities. In addition transgender individuals faced severe discrimination.

HIV and AIDS Social Stigma

The law includes HIV/AIDS status among the categories prohibited from discrimination. Societal discrimination against persons with HIV/AIDS remained a problem, however, despite efforts by the Ministry of Health to address it. Forms of discrimination included being required by some government authorities to reveal HIV/AIDS test results to receive certain public benefits or from employers in order to be hired. In addition HIV/AIDS patients experienced discrimination from medical personnel when receiving services at some public hospitals and clinics and had their right to confidentiality violated by disclosure of their status. Discrimination against LGBTI persons with HIV/AIDS was particularly common and affected access to HIV-prevention programs, especially for transgender individuals.

Other Societal Violence or Discrimination

Several times vigilante mobs attacked and killed those suspected of crimes such as rape, kidnapping, theft, or extortion. The NGO Mutual Support Group reported three persons were killed and 41 injured in public assaults by vigilante groups from January through June.

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law explicitly prohibits discrimination with respect to employment or occupation based on race, color, sex, religion, political opinion, national origin or citizenship, age, and disability. The government did not effectively enforce the law and related regulations.

Discrimination in employment and occupation occurred. Anecdotally, wage discrimination based on race and sex occurred often in rural areas.

Guinea

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law criminalizes rape and domestic violence, but both occurred frequently, and authorities rarely prosecuted perpetrators. The law does not address spousal rape. Rape is punishable by five to 20 years in prison. Victims reported less than 1 percent of these crimes to police due to custom, fear of stigmatization and reprisal, and lack of cooperation from investigating police or gendarmes. Studies indicated citizens also were reluctant to report crimes because they feared police would ask the victim to pay for the investigation.

Authorities may file charges under general assault, which carries sentences of two to five years in prison and fines of 50,000 to 300,000 Guinean francs (GNF) ($5.50 to $33). Violence against a woman that causes an injury is punishable by up to five years in prison and a fine of up to 30,000 GNF ($3.30). If the injury causes mutilation, amputation, or other loss of body parts, it is punishable by 20 years’ imprisonment; if the victim dies, the crime is punishable by life imprisonment. Assault constitutes grounds for divorce under civil law, but police rarely intervened in domestic disputes, and courts rarely punished perpetrators.

Female Genital Mutilation/Cutting (FGM/C): Although the law prohibits FGM/C, the country had an extremely high prevalence rate. During the year UNICEF reported 96 percent of women and girls ages 15 to 49 in the country had undergone the procedure, which was practiced throughout the country and among all religious and ethnic groups. UNICEF also reported the rate had reduced substantially to approximately 50 percent. The law provides for a penalty of up to life in prison or death if the victim dies within 40 days of the procedure. The child code provides for minimum imprisonment of three months to two years and fines from 300,000 to one million GNF ($33 to $110) for perpetrators who do not inflict severe injury or death. If the victim is severely injured or dies, the child code specifies imprisonment of five to 20 years and a fine of up to three million GNF ($330).

The government also cooperated with NGOs in their efforts to eradicate FGM/C and educate health workers, state employees, and citizens on the dangers of the practice. More than 60 health facilities had integrated FGM/C prevention into prenatal, neonatal, and immunization services. A trend for medically trained staff to perform FGM/C under conditions that were more hygienic continued. While the “medicalization” of the practice may have decreased some of the negative health consequences of the procedure, it did not eliminate all health risks; it also delayed the development of effective and long-term solutions for the abandonment of the practice.

Anti-FGM/C efforts reportedly prevented 39 cases of excision and led to the arrest of nine persons and conviction of five. Separately, according to UNICEF, 11,190 uncircumcised girls younger than 14 benefited from the protection NGOs. This happened in the form of entire communities deciding against continuing to circumcise girls and young women. UNICEF also implemented community dialogues on FGM/C in 40 communes to sensitize local populations to the issue.

Sexual Harassment: The 2014 labor code prohibits all forms of workplace harassment, including sexual harassment; the constitution prohibits harassment based on sex, race, ethnicity, political opinions, or other grounds. As of September the Ministry of Labor had not documented any case of sexual harassment, despite its frequency. The 2016 criminal code penalizes sexual harassment.

Coercion in Population Control: There were no reports of forced abortion or involuntary sterilization.

Discrimination: The law does not provide for the same legal status and rights for women as for men, including in inheritance, property, employment, credit, and divorce. The labor code prohibits gender discrimination in hiring. Traditional practices historically discriminate against women and sometimes took precedence over the law, particularly in rural areas.

Government officials acknowledged that polygyny was common. Divorce laws generally favor men in awarding custody and dividing communal assets. Legal testimony given by women carries less weight than testimony by men, in accordance with Islamic precepts and customary law.

Children

Birth Registration: Children derive citizenship by birth within the country, marriage, naturalization, or parental heritage. Authorities did not permit children without birth certificates to attend school or access health care.

Education: Government policy provides for tuition-free, compulsory primary education for all children up to 16 years of age. While girls and boys had equal access to all levels of primary and secondary education, approximately 56 percent of girls attended primary school, compared with 66 percent of boys. Government figures indicated 11 percent of girls obtained a secondary education, compared with 21 percent of boys.

Child Abuse: Child abuse was a problem, and law enforcement and NGOs continued to document cases. Child abuse occurred openly on the street, although families ignored most cases or addressed them at the community level.

Early and Forced Marriage: The legal age for marriage is 21 for men and 17 for girls, but tradition permits marriage at age 14. Early marriage was a problem. There were no reported prosecutions related to child marriage during the year.

The Ministry of Social Action and the Promotion of Women and Children prevented two cases of forced marriage in the prefecture of Dubreka, just outside of Conakry. The Young Girls Leaders Club of Guinea Against Early and Forced Marriages, a local NGO, successfully prevented the marriages of 11 girls.

Sexual Exploitation of Children: The law prescribes penalties of five to 10 years’ imprisonment for all forms of child trafficking, including the commercial sexual exploitation of children, but it was a problem. The minimum age of consensual sex is 15. Punishment of sex with a child younger than 15 is three to 10 years in prison and a fine of up to two million GNF ($220). The law also prohibits child pornography. These laws were not regularly enforced, and sexual assault of children, including rape, was a serious problem. Girls between ages 11 and 15 were most vulnerable and represented more than half of all rape victims.

Displaced Children: Although official statistics were unavailable, there was a large population of children living on the streets, particularly in urban areas. Children frequently begged in mosques, on the street, and in markets.

Institutionalized Children: The country had numerous registered and unregistered orphanages. According to the Ministry of Social Action and the Promotion of Women and Children, 49 registered orphanages cared for 4,822 children in 2017. While reports of abuse at orphanages sometimes appeared in the press, reliable statistics were not available. Authorities institutionalized some children after family members died from the Ebola virus.

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.html.

Anti-Semitism

The Jewish community was very small, and there were no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

The law does not prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities in education, air travel and other transportation, access to health care, or the provision of other state services. In 2015, however, the country adopted a new labor code that prohibits discrimination in employment against persons with disabilities. The law does not mandate accessibility for persons with disabilities, and buildings and transportation remained inaccessible. The Ministry of Social Action and the Promotion of Women and Children is responsible for protecting the rights of persons with disabilities, but it was ineffective. The government provided no support to place children with disabilities in regular schools.

National/Racial/Ethnic Minorities

The population was diverse, with three main linguistic groups and several smaller ones identifying with specific regions. While the law prohibits racial or ethnic discrimination, discrimination by members of all major ethnic groups occurred in private-sector hiring patterns, ethnic segregation of urban neighborhoods, and ethnically divisive rhetoric during political campaigns. Ethnically targeted violence occurred during the year.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

The law criminalizes consensual same-sex sexual activity, which is punishable by three years in prison; however, there were no known prosecutions. In 2012 the government restructured the Office for the Protection of Women, Children, and Morals (OPROGEM) to include a unit for investigating morals violations, including same-sex sexual conduct. Antidiscrimination laws do not apply to lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals.

Deep religious and cultural taboos against consensual same-sex sexual conduct existed. There were no official or NGO reports of discrimination based on sexual orientation or gender identity, although societal stigma likely prevented victims from reporting abuse or harassment. There were no active LGBTI organizations.

HIV and AIDS Social Stigma

Laws to protect HIV-infected persons from stigmatization exist, but the government relied on donor efforts to combat discrimination against persons with HIV/AIDS. Government efforts were limited to paying salaries for health-service providers. Most victims of stigmatization were women whose families abandoned them after their husbands died of AIDS.

Other Societal Violence or Discrimination

Discrimination against persons with albinism occurred, particularly in the Forest Region. Speculation continued about their sacrifice. Albino rights NGOs continued to raise awareness of discrimination and violence against persons with albinism.

Mob violence remained an issue nationwide due to impunity and lack of civilian trust in the judicial system. In August authorities were unable to protect a prisoner as a crowd destroyed the main entrance of Boffa Prison and smashed cell doors, killing an imprisoned taxi driver accused of kidnapping another taxi driver.

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law does not address discrimination based on race, color, national origin or citizenship, social origin, sexual orientation or gender identity, age, language, or HIV-positive status or having other communicable diseases. The government did not effectively enforce the law. Penalties were not sufficient to deter violations.

Discrimination in employment occurred. Although the law requires equal pay for equal work, women received lower pay for similar work (see section 6). Few persons with disabilities had access to work in the formal sector, although some worked in small family businesses; many survived by begging on the streets.

Guinea-Bissau

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law prohibits rape, including spousal rape, and provides penalties for conviction of two to 12 years in prison; however, the government did not effectively enforce the law. The law permits prosecution of rape only when reported by the victim, which observers noted was rare due to victims’ fear of social stigma and retribution.

Although the law prohibits domestic violence, abuse was widespread. The government did not undertake specific measures to counter social pressure against reporting domestic violence, rape, incest, and other mistreatment of women. The Judiciary Police launched a help line for victims of domestic violence. With limited human and technical capacities to respond to demands of victims, the line was shut down after one week.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C, without reference to age of the victims. FGM/C was practiced on girls younger than five. Conviction for its practice is punishable by a fine of up to five million CFA francs ($9,190) and five years in prison. Muslim preachers and scholars called for the eradication of FGM/C. The Joint Program on FGM/C of the UN Population Fund and UNICEF worked with the Ministry of Justice to strengthen the dissemination and application of the law by building the capacities of officials responsible for program implementation.

The April 2017 UN Integrated Peacebuilding Office in Guinea-Bissau’s Report on the Right of Health in Guinea-Bissau estimated that 45 percent of the female population had undergone the FGM/C procedure.

For more information, see Appendix C.

Sexual Harassment: There is no law prohibiting sexual harassment, and it was widespread. The government undertook no initiatives to combat the problem.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: The constitution grants men and women equal rights. Gender discrimination, however, prevailed due to society’s norms based on traditional customs and rules of ethnic groups and religious communities that perpetuated inequalities. For example, although the law attributes equal rights for all children in cases of inheritance, the customary law across different communities denies those rights to women. The land tenure law recognizes equal rights for men and women to access the land, yet it also recognizes the customary law as a way of acquiring tenure rights.

Cases of domestic violence and child abuse were commonly resolved within the household. Limited and lack of access to institutions of justice also contributed to the prevalence of customary law as a way of solving societal problems. Recourse to formal justice system was poorly understood and seldom used.

Children

Birth Registration: Citizenship is derived by birth within the country or from citizen parents. Birth registration does not occur automatically at hospitals; parents must register births with a notary. Lack of registration resulted in denial of public services, including education.

For additional information, see Appendix C.

Education: Most of the children remained at home frequently because schools were only opened intermittently due to strikes by teachers. At year’s end the 2018-19 school year in public institutions had not started due to a teachers’ strike. The Ministry of Public Education continued to promote a national campaign initiated in 2017 to raise awareness of the need to enroll and keep children from the age of six in school.

Child Abuse: Violence against children was widespread but seldom reported to authorities. There are no laws regarding child abuse specifically.

Early and Forced Marriage: The legal minimum age of marriage is 16 for both genders. Early and forced marriage occurred among all ethnic groups. Girls who fled arranged marriages often were trafficked into commercial sex. The buying and selling of child brides also occurred. There were no government efforts to mitigate the problems.

For additional information, see Appendix C.

Sexual Exploitation of Children: There is a statutory rape law prohibiting sex with a person younger than age 16. The rape law carries a penalty for conviction of two to 12 years in prison. The law also prohibits child pornography. The law criminalizes commercial sexual exploitation of children and prescribes penalties of three to 15 years’ imprisonment and the confiscation of any proceeds from the crime. When pedophilia and sexual harassment were reported, police at times blamed victims.

There were reports that child sex tourism occurred in the isolated Bijagos Islands.

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

Displaced Children: The national nongovernmental organization (NGO) Association of the Friends of Children estimated that up to 500 children, mostly from neighboring Guinea, lived on the streets of urban centers including Bissau, Bafata, and Gabu. The government provided no services to street children. The government worked with Senegal to return children sent to Quranic schools in Senegal from Guinea-Bissau. These children usually ended up begging and being mistreated. A record number of 200 were repatriated.

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.html.

Anti-Semitism

There were small communities of Jews in the country, and no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

The law does not specifically prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities. The government did not counter discrimination against persons with disabilities or provide access to buildings, information, and communications. The government made some efforts to assist military veterans with disabilities through pension programs, but these programs did not adequately address health care, housing, or food needs. Provisions existed to allow blind and illiterate voters to participate in the electoral process, but voters with proven severe intellectual disabilities could be prohibited from voting.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

There are no laws that criminalize sexual orientation. Antidiscrimination laws do not apply to lesbian, gay, bisexual, transgender, or intersex (LGBTI) individuals. There were no reported violent incidents or other human rights abuses targeting individuals based on their sexual orientation or identity.

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law and regulations do not prohibit discrimination regarding race, color, sex, religion, political opinion, national origin, citizenship, disability, language, sexual orientation or gender identity, age, HIV-positive status or having other communicable diseases, or social origin.

Women faced considerable pay gaps and, because employers preferred to avoid paying maternity benefits, were less likely to be hired than men. The constitution provides for equality for all, but LGBTI persons faced discrimination in hiring, and persons with disabilities faced discrimination in hiring and access to the workplace. Documented discrimination on the other above categories with respect to employment and occupation was not available.

Guyana

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape and domestic violence. The law provides stringent penalties for rape, with life imprisonment as the maximum penalty. Successful prosecution of cases of rape and domestic violence was infrequent.

Domestic violence and violence against women, including spousal abuse, was widespread. The law prohibits domestic violence and allows victims to seek prompt protection, occupation, or tenancy orders from a magistrate. Penalties for violation of protection orders include fines up to 10,000 Guyanese dollars (GYD) ($47) and 12 months’ imprisonment. There were reports of police accepting bribes from perpetrators and of magistrates applying inadequate sentences after conviction.

Sexual Harassment: The law prohibits sexual harassment in the workplace and provides for monetary penalties and award of damages to victims. The law does not cover harassment in schools. Acts of sexual harassment involving physical assault are prosecuted under relevant criminal statutes. While reports of sexual harassment were common, no cases had been filed as of October.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: Although women enjoy the same legal status and rights as men, gender-related discrimination was widespread and deeply ingrained. The law prohibits discrimination based on gender, but there was no meaningful enforcement against such discrimination in the workplace. Job vacancy notices routinely specified that the employer sought only male or only female applicants, and women earned approximately 61 percent less than men for equal work.

Children

Birth Registration: Citizenship is derived by birth within the country’s territory or by birth to a Guyanese citizen abroad. The law requires that births be registered within 14 days but also provides for registration of births after the 14-day period. Births at hospitals and health facilities were registered within a day of delivery.

Child Abuse: There were frequent reports of physical and sexual abuse of children, which was a widespread and serious problem. As with cases of domestic abuse, NGOs alleged some police officers could be bribed to make cases of child abuse “go away.”

Early and Forced Marriage: The legal age for marriage is 18 years, but boys and girls may marry at age 16 with parental consent or judicial authority. UNICEF reported that 23 percent of women were married before the age of 18, and 6 percent of girls were married before age 15.

Sexual Exploitation of Children: The age of sexual consent is 16 years. By law a person who has sexual relations with a child under 16 may be found guilty of a felony and imprisoned for life. There were continued reports of children being exploited in prostitution. The law prohibits the commercial sexual exploitation of children 18 and younger. Laws related to pornography and pornographic performances do not prohibit the use, procuring, and offering of a child for each of these purposes. The law also regulates selling, publishing, or exhibiting obscene material, defined as anything that could deprave or corrupt those open to immoral influences.

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.html.

Anti-Semitism

The Jewish community was very small, perhaps fewer than 20 members. 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/j/tip/rls/tiprpt/.

Persons with Disabilities

The constitution mandates that the state “take legislative and other measures” to protect disadvantaged persons and persons with disabilities. The constitution and law prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities, but civil society groups stated the law was not regularly enforced. The law provides for a National Commission on Disabilities to advise the government, coordinate actions on problems affecting persons with disabilities, and implement and monitor the law. The commission focused its attention on sensitizing the public about the law and on compliance, as well as performing sensitization workshops with the Ministries of Social Protection, Education, and Health.

There were segregated schools for the blind and for persons with other disabilities in the most populous regions of the country. As a result, children with disabilities rarely attended mainstream schools, since these lacked the curriculum and infrastructure necessary to accommodate children with disabilities. Lack of appropriate transportation and infrastructure to provide access to both public and private facilities made it difficult for persons with disabilities to be employed outside their homes.

Indigenous People

Various laws protect the rights of the indigenous community, and members have some ability to participate in decisions affecting them, their land, and resources. Rules enacted by village councils require approval from the minister of indigenous peoples’ affairs before entering into force. Indigenous lands were not effectively demarcated.

According to the 2012 census, the indigenous population constituted 10.5 percent of the total population. There were nine recognized tribal groups. Ninety percent of indigenous communities were in the remote interior. The standard of living in indigenous communities was lower than that of most citizens, and they had limited access to education and health care. A UN study found that pregnant women in indigenous communities were not receiving mandatory HIV tests.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

Consensual same-sex sexual activity among adult men is illegal under the law and is punishable by up to two years in prison. Anal intercourse is punishable with a maximum sentence of life in prison, regardless of whether the intercourse is between persons of the same sex. These laws were not enforced during the year; however, activists reported it was more common for police to use the law to intimidate men who were gay or perceived to be gay than to make arrests. The law also criminalizes cross-dressing. Despite this, the government permitted the first gay pride parade in June.

No antidiscrimination legislation exists to protect persons from discrimination based on real or perceived sexual orientation, gender identity or expression, or sex characteristics, and NGOs reported widespread discrimination of persons in this regard. Reports noted official and societal discrimination in employment, access to education and medical care, and in public space. According to a 2014 survey, approximately 12 percent of men who had sex with men experienced stigma daily, while approximately 30 percent of transgender youth and adults encountered stigma every day or regularly.

HIV and AIDS Social Stigma

A 2014 UNICEF survey reported only 23 percent of persons ages 15 to 49 expressed accepting attitudes towards individuals with HIV.

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation based on race, sex, gender, disability, language, social status, and national origin or citizenship. Penalties were insufficient to deter violations, and the government did not effectively enforce the law. The law does not prohibit discrimination based on sexual orientation or gender identity. Discrimination in employment and occupation occurred with respect to women and to persons based on their sexual orientation or gender identity, and workplace access was limited for persons with disabilities (see section 6). Newspapers frequently carried advertisements asking gender-specific or age-specific applicants to fill positions in the retail, cosmetology, or security sectors.

Haiti

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: While the law prohibits rape of men or women, it does not recognize spousal rape as a crime. The penalty for rape is a minimum of 10 years of forced labor. In the case of gang rape, the maximum penalty is lifelong forced labor. Actual sentences were often less rigorous. The criminal code excuses a husband who kills his wife or her partner found engaging in an act of adultery in his home, but a wife who kills her husband under similar circumstances is subject to prosecution.

The law does not classify domestic violence against adults as a distinct crime. Women’s rights groups and human rights organizations reported domestic violence against women remained commonplace. Judges often released suspects arrested for domestic violence and rape.

In February the OPC reported that the First Instance Court of Jeremie, the largest city and capital of Grand’Anse Department, released 16 of 29 individuals accused of rape. The prosecutor for Jeremie, Bergemane Sylvain, allegedly dropped charges against the accused with the justification that the victims had signed statements withdrawing their claims. The OPC criticized Sylvain’s decision, saying that the law does not allow for compromise in criminal matters and that the victim’s retraction cannot stop a prosecution. The accused remained free at year’s end.

Victims of rape and other forms of sexual violence faced major obstacles in seeking legal justice, as well as in accessing protective services, such as women’s shelters. Civil society organizations reported that while women were more likely to report cases of sexual and domestic violence than in the past, many victims failed to report such cases due to a lack of financial resources. Additionally, due to familial responsibilities, victims were usually unable to dedicate the time necessary to follow through with legal proceedings. According to some civil society organizations, many local nonprofit organizations that provided shelter, medical and psychological services, and legal assistance to victims had to reduce services due to a lack of funding.

On September 6, MINUJUSTH reported an increase in the number of sexual and gender-based violence cases investigated. They reported that between January and August, 149 cases were investigated, compared with 181 investigations in all of 2017. Nonetheless, there were reports that in rural areas, criminal cases, including cases of sexual violence, were settled out of court. According to MINUJUSTH, prosecutors often encouraged such settlements.

Sexual Harassment: The law does not specifically prohibit sexual harassment, although the labor code states that men and women have the same rights and obligations. Observers indicated sexual harassment occurred frequently.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: The law does not provide for the same legal status and rights for women as for men. Women did not enjoy the same social and economic status as men, despite the constitutional amendments recognizing the principle of at least 30 percent women’s participation in national life and notably in public service.

By law men and women have equal protections for economic participation. In practice, however, women faced barriers to accessing economic inputs and securing collateral for credit, information on lending programs and resources.

Children

Birth Registration: Citizenship is derived through an individual’s parents; only one parent of either sex is necessary to transmit citizenship. Citizenship can also be acquired through a formal request to the Ministry of the Interior. The government did not register all births immediately. Birth registry is free until the age of two years. Approximately 30 percent of children between the ages of one and five lacked birth certificates or any other official documentation. Children born in rural communities were less likely to be documented than those in urban areas.

Education: Constitutional provisions require the government to provide free and compulsory education for all children up to grade nine (when students are approximately age 16); however, the government did not effectively enforce these provisions. Eight of 10 children who attended school did so at private, often religious institutions. The quality of those institutions varied widely because the government lacked the means to inspect them.

Child Abuse: The law prohibits domestic violence against minors. The government continued to lack sufficient resources and an adequate legal framework to support or enforce existing mechanisms to promote children’s rights and welfare fully, but it made some progress in institutionalizing protections for children.

The most recent study launched by the Ministry of Social Affairs and Labor, published in 2015, estimated there were 286,000 children working in indentured domestic servitude (referred to as restaveks), a form of trafficking in persons. Furthermore, restaveks were often victims of psychological, physical, and sexual abuse. The National Child Welfare Institute (IBESR), along with the HNP’s specialized Child Protection Bureau (BPM), were tasked with protecting the welfare of children. Their efforts were limited, however, by small budgets and inadequate personnel.

For more information, see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/ and the Department of Labor’s Findings on the Worst Forms of Child Labor at www.dol.gov/ilab/reports/child-labor/findings/ .

Early and Forced Marriage: The legal age of marriage is 18 years. No data was available regarding early and forced marriage, but childhood and forced marriage was not a widespread custom.

Sexual Exploitation of Children: The minimum age for consensual sex is 18 years, and the law has special provisions for rapes of persons who are 16 years or younger. The law prohibits the corruption of youth under 21, including prostitution, with penalties ranging from six months to three years of imprisonment for offenders. The law prescribes prison sentences of seven to 15 years of imprisonment and a fine ranging from 200,000 to 1.5 million Haitian Gourdes (HTG) ($2,900 to $21,600). The penalty for human trafficking with aggravating circumstances, which includes cases involving the exploitation of children, is up to life imprisonment.

According to a September 6 MINUJUSTH report, the majority of reported victims of sexual violence were underage girls. There were some reported instances of boys being raped. Several civil society groups reported children living in impoverished conditions were often subjected to sexual exploitation and abuse. According to these groups, children were often forced into prostitution or lured into transactional sex to fund basic needs such as school related expenses. Recruitment of children for sexual exploitation and pornography is illegal, but the United Nations reported criminal gangs recruited children as young as 10 years of age.

On June 13, the government announced it had permanently banned international NGO Oxfam from operating in the country following allegations that Oxfam employees had engaged in sexual misconduct and abuse during the 2010 earthquake response. There were allegations that some of the victims may have been minor children.

Institutionalized Children: The IBESR has official responsibility for monitoring and accrediting the country’s orphanages and residential care centers. According to international NGO Lumos, an estimated 25,000 children lived in the more than 750 orphanages in the country. An estimated 80 percent of those children had at least one known parent who was alive. In October the IBESR announced that only 35 of the more than 750 orphanages it inspected were compliant with the minimum standards for child care. The IBESR attempted to close the most egregious orphanages but could only do so as quickly as they could find placement for the children. In 2017 government officials closed four abusive orphanages that housed 116 children and potentially involved trafficking and placed 51 children from those orphanages into foster care; the remainder were returned to their families. The government accredited 96 families for its newly developed foster care program to make children less vulnerable to trafficking or being revictimized. Local and international antitrafficking organizations noted, however, that the government had not provided appropriate resources to develop enough transitional centers or other temporary housing and care facilities.

There are different provisions for juvenile offenders. Children under 13 are not held responsible for their actions, and until age 16, they cannot be held in adult prisons or share their cells. Instead, juvenile offenders were placed in re-education centers with the objective of successful societal reinsertion. There were two rehabilitation centers, both in Port-au-Prince, called CERMICOL. As of August approximately 200 minors were in CERMICOL.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of 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.html.

Anti-Semitism

The Jewish community numbered fewer than 100 persons, and there were no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

The constitution stipulates that persons with disabilities should have the means to provide for their autonomy, education, and independence. The law prohibits discrimination in employment practices against persons with disabilities, requires the government to integrate such persons into the state’s public services, and imposes a 2 percent quota for persons with disabilities in the workforces of private-sector companies. This quota was not met, as the government did not enforce these legal protections.

Local disabilities rights advocates stated that persons with disabilities faced significant obstacles to vote, as they had difficulty obtaining a national identification card, a requirement to vote, because the National Identification Office was inaccessible to persons with disabilities.

Individuals with disabilities faced significant social stigma because of their disability. Persons with mental or developmental disabilities were marginalized, neglected, and abused in society. The Office of the Secretary of State for the Integration of Handicapped Persons (BSEIPH), which falls under the Ministry of Social Affairs and Labor, is the lead government agency responsible for providing assistance to persons with disabilities and ensuring their civil, political, and social inclusion.

The BSEIPH had several departmental offices outside the capital, and it effectively lobbied the government to pass legislation to benefit persons with disabilities. Nonetheless, its efforts were constrained by a limited budget, and there was little progress to create of a strategic development plan to guide the institutions efforts. The BSEIPH provided persons with disabilities with legal advice and job counseling services. It regularly convened meetings with disabilities rights groups in all of its regional offices.

Some disabilities rights activists called the social services available to persons with disabilities inadequate, adding that access to quality medical care posed a significant challenge for persons with disabilities. Hospitals and clinics in Port-au-Prince did not have sufficient space, human resources, or public funds to treat such individuals.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

No laws criminalize sexual orientation or consensual same-sex conduct between adults. There are no antidiscrimination laws to protect LGBTI persons from discrimination based on sexual orientation or gender identity.

There were no reports of police officers actively perpetrating or condoning violence against LGBTI individuals. Some LGBTI groups reported the HNP and judicial authorities were inconsistent in their willingness to document or investigate LGBTI persons’ claims of abuse. HNP academy instructors taught police officers to respect the rights of all civilians without exception. The curriculum specifically trained new officers on crimes commonly committed against the LGBTI community. As a result, some civil society leaders noticed a marked improvement in the efforts of the HNP’s Gender and Community Police Units to address the needs of the LGBTI community.

In August the office of an LGBTI rights organization was attacked by an individual shouting anti-LGBTI slogans. According to the organization, the attacker came to request financial assistance and when the organization refused, he attacked the office. The assailant returned the next day with other armed individuals to set fire to the office. The organization stated local police officers were slow to offer assistance and that at one point, an officer asserted there was no evidence of the alleged attack. The organization’s coordinator said he went to file a complaint with the local justice of the peace, who made anti-LGBTI remarks before referring him to the court clerk, who requested a bribe to begin the investigation.

Local attitudes remained hostile toward LGBTI individuals who were public and visible about their sexual orientation or gender identity and expression, particularly in Port-au-Prince. Some politicians, societal leaders, and organizations actively opposed the social integration of LGBTI persons and discussion of their rights. LGBTI advocacy groups in Port-au-Prince reported a greater sense of insecurity and less trust of government authorities than did groups in rural areas.

HIV and AIDS Social Stigma

According to a 2017 Center for Disease Control-sponsored stigma index, 57 percent of women and 54 percent of men said they would deny HIV-positive children entrance to schools with HIV-negative children, and 65 percent of women and 64 percent of men said they would not buy vegetables from persons with HIV.

Other Societal Violence or Discrimination

MINUJUSTH and numerous civil society organizations reported gang violence continued to increase, particularly in impoverished areas of Port-au-Prince such as Martissant and Grand-Ravine. MINUJUSTH reported that, between June and August, there were seven gang-related incidents reported, compared with three from the same period in 2017.

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The constitution provides for freedom of work for all citizens and prohibits discrimination based on sex, origin, religion, opinion, or marital status. For public-sector employment, the constitution sets a minimum quota of 30 percent for women. The labor code does not define employment discrimination, although it sets out specific provisions with respect to the rights and obligations of foreigners and women such as the conditions to obtain a work permit, foreign worker quotas, and provisions related to maternity leave. The law does not prohibit discrimination based on disability, language, sexual orientation or gender identity, social status, or HIV-positive status.

The government took some steps to enforce the laws through administrative methods, such as through the Ministry of Women’s Conditions and the BSEIPH. In the private sector, several work areas, which had been predominantly male oriented, began employing female workers at the same pay scale, including the public transportation and construction industries. Despite these improvements, discrimination related to gender remained a major concern, although there was no governmental assessment or report of work abuses. During the BWH’s most recent assessment of 28 factories between October 2017 and October, one case of noncompliance related to gender discrimination was identified. The factory where the case occurred took immediate action following the assessment to terminate the harassers. The BWH reported improvement in addressing sexual harassment, although this remained an issue of concern in the industry.

Honduras

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law criminalizes all forms of rape of men or women, including spousal rape. The government considers rape a crime of public concern, and the state prosecutes rapists even if victims do not press charges. The penalties for rape range from three to nine years’ imprisonment, and the courts enforced these penalties.

The law provides penalties of up to four years in prison for domestic violence; however, if a victim’s physical injuries do not reach the severity required to categorize the violence as a criminal act, the only legal penalty for a first offense is a sentence of one to three months of community service. Female victims of domestic violence are entitled to certain protective measures. Abusers caught in the act may be detained for up to 24 hours as a preventive measure. The law provides a maximum sentence of three years in prison for disobeying a restraining order connected with the crime of intrafamilial violence.

In cooperation with the UN Development Program, the government operated consolidated reporting centers in Tegucigalpa and San Pedro Sula where women could report crimes, seek medical and psychological attention, and receive other services. These reporting centers were in addition to the 298 government-operated women’s offices–one in each municipality–that provided a wide array of services to women, focusing on education, personal finance, health, social and political participation, environmental stewardship, and prevention of gender-based violence.

Sexual Harassment: The law criminalizes various forms of sexual harassment. Violators face penalties of one to three years in prison and possible suspension of their professional licenses, but the government did not effectively enforce the law.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: Although the law accords women and men the same legal rights and status, including property rights in divorce cases, many women did not fully enjoy such rights. Most women in the workforce engaged in lower-status and lower-paying informal occupations, such as domestic service, without the benefit of legal protections. By law women have equal access to educational opportunities.

Children

Birth Registration: Children derive citizenship by birth in the country, from the citizenship of their parents, or by naturalization.

Child Abuse: Child abuse remained a serious problem. The law establishes prison sentences of up to three years for child abuse. The Violence Observatory reported the homicides of 119 children as of July 1.

Early and Forced Marriage: The minimum legal age of marriage for both boys and girls is 18 with parental consent. According to UNICEF, 8 percent of children were married before age 15 and 34 percent before age 18.

Sexual Exploitation of Children: The commercial sexual exploitation of children, especially in sex trafficking, continued to be a problem. The country was a destination for child sex tourism. The legal age of consent is 18. There is no statutory rape law, but the penalty for rape of a minor younger than age 12 is 15 to 20 years in prison, or nine to 13 years in prison if the victim is age 13 or older. Penalties for facilitating child sex trafficking are 10 to 15 years in prison, with fines ranging from one million to 2.5 million lempiras ($41,700 to $104,000). The law prohibits the use of children younger than age 18 for exhibitions or performances of a sexual nature or in the production of pornography.

Displaced Children: Many children lived on the streets. Casa Alianza estimated 15,000 children were homeless and living on the streets, primarily in major cities. Civil society organizations reported that common causes of forced displacement for youth included death threats for failure to pay extortion, attempted recruitment by gangs, witnessing criminal activity by gangs or organized crime, domestic violence, attempted kidnappings, family members’ involvement in drug dealing, victimization by traffickers, discrimination based on sexual orientation, sexual harassment, and discrimination for having a chronic illness.

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.html.

Anti-Semitism

The Jewish community numbered more than 250 members. There were no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The Public Ministry is responsible for prosecuting violations. The law requires that persons with disabilities have access to buildings, but few buildings were accessible, and the national government did not effectively implement laws or programs to provide such access.

The government has an Office for People with Disabilities located within the Ministry of Development and Social Inclusion, but its ability to provide services to persons with disabilities was limited.

Indigenous People

In the 2013 census, approximately 8.5 percent of the population identified themselves as members of indigenous communities, but other estimates were higher. Indigenous groups included the Miskito, Tawahkas, Pech, Tolupans, Lencas, Maya-Chortis, Nahual, Bay Islanders, and Garifunas. They had limited representation in the national government and consequently little direct input into decisions affecting their lands, cultures, traditions, and the allocation of natural resources.

Indigenous communities continued to report threats and acts of violence against them and against community and environmental activists. Violence was often rooted in a broader context of conflict over land and natural resources, extensive corruption, lack of transparency and community consultation, other criminal activity, and limited state ability to protect the rights of vulnerable communities.

Persons from indigenous and Afro-descendent communities continued to experience discrimination in employment, education, housing, and health services. An IACHR report noted that there were insufficient hospital beds and inadequate supplies at the only hospital that services the Gracias a Dios Department, home to the majority of the Miskito community.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

The law states that sexual orientation and gender identity characteristics merit special protection from discrimination and includes these characteristics in a hate crimes amendment to the penal code. Nevertheless, social discrimination against LGBTI persons persisted. LGBTI human rights NGOs alleged that the PMOP and other elements of the security forces harassed and abused LGBTI persons. One international NGO reported that five members of the PMOP in uniform allegedly assaulted and raped a gay man on July 16 in Tegucigalpa. The victim submitted to a medical examination with the Public Ministry’s Forensic Medicine Unit, filed a complaint with the HNP’s Criminal Investigation Unit, and temporarily left the country.

LGBTI rights groups asserted that government agencies and private employers engaged in discriminatory hiring practices. The Association for a Better Life, an NGO that works with LGBTI persons, reported an incident of discrimination at San Felipe Hospital in Tegucigalpa where a physician asserted that the victim’s sexual orientation caused him to contract the human papillomavirus and colon cancer. LGBTI groups continued working with the Violent Crimes Task Force, Ministry of Security, and Office of the Special Prosecutor for Human Rights to address concerns about intimidation, fear of reprisals, and police corruption.

Transgender women were particularly vulnerable to employment and education discrimination; many could find employment only as sex workers, substantially increasing their risk of violence. Transgender individuals noted their inability to update identity documents to reflect their gender identity.

HIV and AIDS Social Stigma

Access to employment, educational opportunities, and health services continued to be major challenges for persons with HIV/AIDS. The law provides persons with HIV the right to have access to, and remain in, employment and the education system. The law also defines administrative, civil, and criminal liability and penalties for any violation of the law, which includes denial or delay in care for persons with HIV.

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination based on gender, age, sexual orientation, gender identity, political opinion or affiliation, marital status, race or national origin, language, nationality, religion, family affiliation, family or economic situation, disability, health, physical appearance, or any other characteristic that would offend the victim’s human dignity. Penalties include prison sentences of up to five years and monetary fines. The law prohibits employers from requiring pregnancy tests as a prerequisite for employment; violators are subject to a 5,000 lempira ($208) fine. The government did not effectively enforce these laws and regulations.

Many employers discriminated against women. Persons with disabilities, indigenous and Afro-Honduran persons, LGBTI persons, and persons with HIV/AIDS also faced discrimination in employment and occupation (see section 6, Children).

Hungary

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: Rape of men or women, including spousal rape, is illegal. Although there is no crime defined as rape, the equivalent crimes are sexual coercion and sexual violence. These crimes include the exploitation of a person who is unable to express his or her will. Penalties for sexual coercion and sexual violence range from one year in prison to 15 years in aggravated cases.

The criminal code includes “violence within partnership” (domestic violence) as a separate category of offense. Regulations extend prison sentences for assault (light bodily harm) to three years, while grievous bodily harm, violation of personal freedom, or coercion may be punishable by one to five years in prison, if committed against domestic persons.

By law police called to a scene of domestic violence may issue an emergency restraining order valid for three days in lieu of immediately filing charges, while courts may issue up to 60-day “preventive restraining orders” in civil cases, without the option to extend. Women’s rights NGOs continued to criticize the law for not placing sufficient emphasis on the accountability of perpetrators.

In July the Supreme Court convicted a man and sentenced him to 11 years in prison for drugging his former partner and putting acid on her sexual organs. The trial court in 2016 had sentenced him to four years, which was increased to nine years by an appeals court in 2017. The Supreme Court annulled the ruling and ordered a new procedure in which the appeals court upheld its nine-year sentence. After an appeal, on July 12, the Supreme Court delivered a final ruling and 11-year prison sentence.

The Ministry of Human Capacities continued to operate a 24-hour toll-free hotline for victims of domestic violence and trafficking in persons. The ministry also operated shelters for victims of domestic violence. The government sponsored a secret shelter house for severely abused women whose lives were in danger.

NGOs criticized the limited availability of proper victim support services and lack of training for professionals. The UN Human Rights Committee’s Sixth Periodic Report expressed concern about reports that domestic violence continued to be a persistent and underreported problem.

Sexual Harassment: Under the law, harassment of a sexual nature constitutes a violation of the equal treatment principle but is not a crime.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: The law provides for the same legal status and rights for women as for men. According to The Economist’s 2018 glass ceiling index, women held 14.5 percent of the members of company boards, based on 2017 data.

The Hungarian Women Lobby, the NANE Women’s Rights Association, and the Patent Association asserted that Romani women could suffer multiple forms of discrimination on the basis of gender, ethnicity, and class, and experienced barriers to equal access in education, health care, housing, employment, and justice.

In 2017 the Equal Treatment Authority ruled in favor of a Romani woman who was harassed with ethnic slurs by hospital staff while giving birth. This was the first case before the authority that involved harassment based on ethnicity in the area of health care. The hospital was required to publicize the decision and pay a fine.

Children

Birth Registration: An individual acquires citizenship from a parent who is a citizen. Births were registered immediately. NGOs asserted that the law provides only partial safeguards against statelessness at birth because all children of foreign parents born in the country are registered on birth certificates as being of unknown nationality. In addition, the NGOs claimed that children born to stateless parents or to noncitizen parents who cannot pass on their nationality to their children were in some cases born and remained stateless.

Education: Although the law provides for free and compulsory education between the ages of three and 16 and prohibits school segregation, NGOs reported the segregation of Romani children in schools and frequent misdiagnosis of Romani children as mentally disabled, which limited their access to quality education and increased the gap between Romani and non-Romani society.

Education research conducted by the Hungarian Academy of Sciences published in February concluded that school segregation increased by almost 10 percent between 2008 and 2016. According to the Civil Public Education Platform, the number of schools where the ratio of Romani children exceeds 50 percent increased from 270 in 2007 to almost 350 in 2015. The UN Human Rights Committee’s Sixth Periodic Report expressed concerns that segregation in schools, especially through the rising number of church schools, remained prevalent and the number of Romani children placed in schools for children with mild disabilities remained disproportionately high. By law church schools are exempt from requirements to enroll any student who resides within the local school district.

In April the Metropolitan Court of Budapest delivered a decision in a case that had been pending for 10 years. In its ruling the court established the ministry in charge of education was directly responsible for segregation existing in 18 schools in 14 localities and ordered the ministry to desegregate the schools based on a plan to be prepared by experts. The court–for the first time in the country’s case law–ordered the ministry to collect ethnic data of Romani children in primary schools based on third-party identification in order to monitor segregation. The court imposed a fine of 50 million forints ($200,000) to fund civil society monitoring of the desegregation processes. The ruling was not final.

In 2016 the Appeals Court of Pecs adopted a decision ordering the desegregation of a Romani-only school in Kaposvar. Despite the judgment, the municipality, in cooperation with the local school authority and the county government, attempted to restore segregation by allowing and supporting a private foundation to establish a new school in the same building in which the segregated school was operating. The municipality proposed to offer education in a private school for the Romani children residing in the close vicinity of the building and thus avoid their integration into mainstream schools. The Ministry of Human Capacities intervened to prevent the private school from opening. In October 2017 the Supreme Court affirmed the lower court ruling that segregation is illegal and ordered the desegregation of the school. Local activists reported that the Romani children who were the subject of the desegregation case were placed in Romani-only classes in nearby schools and that, therefore, they were still segregated.

In 2015 a lawsuit was filed on behalf of 62 children against the municipality of Gyongyospata and the Klebelsberg School Maintenance Center for their segregation in the primary school in Gyongyospata, for damages stemming from the low quality of their education, and for nonpecuniary damages related to their segregation. On October 16, the trial court ruled in favor of the children, ordering the state to pay them compensation totaling 89 million forints ($356,000).

A report prepared during the year by Romani and pro-Romani NGOs stated that half of Romani students drop out of the education system. Only 24 percent of Romani students finish high school, compared to 75 percent of non-Romani students. Only 5 percent of Romani students entered university, compared to 35 percent of non-Romani students. The report noted that segregation of Romani children in schools and lowering the mandatory school age to 16 years contributed to high dropout rates.

Child Abuse: Efforts to combat child abuse included a “child protection signaling system” to detect and prevent the endangerment of children, law enforcement and judicial measures, restraining orders, shelters for mothers and their children, and removal of children from homes deemed unsafe. The law provides that, if a parent does not “cooperate” with the doctors, district nurses, teachers, or family supporters in the signaling system, it automatically constitutes gross endangerment, even without any other signs of negligence or endangerment.

Early and Forced Marriage: The legal minimum age of marriage is 18. The Social and Guardianship Office may authorize marriages of persons between the ages of 16 and 18.

Sexual Exploitation of Children: Buying sexual services from a child younger than 18 is a crime punishable by up to three years in prison. Forcing a child into prostitution is a crime punishable by up to three years in prison. The law prohibits child pornography. The statute of limitations does not apply to sexual crimes against children. The government generally enforced the law.

The minimum age for consensual sex is 12, provided the older partner is 18 or younger. Persons older than 18 who engage in sexual relations with a minor between the ages of 12 and 14 may be punished by one to five years’ imprisonment. By law statutory rape is a felony punishable five to 10 years’ imprisonment if the victim is younger than 12.

Law enforcement authorities arrested and prosecuted children exploited in sex trafficking as misdemeanor offenders. NGOs strongly criticized this practice for blaming or punishing the victim.

Institutionalized Children: A study in Nograd County commissioned by the European Roma Rights Center published in 2016 showed that 80 percent of the children in state care in the county were of Romani origin.

NGOs noted that institutionalized children living in state care were especially vulnerable to human trafficking for prostitution and criticized the lack of special assistance for child victims of human trafficking. A documentary by BBC Three in February reported that, after being placed in the care system by local authorities, Romani children were exposed to risks of drug abuse and physical and sexual violence from both older children and staff.

In a report published in March, the ombudsman stated that one-third of children placed in child protection care were removed because of their families’ poor financial circumstances, which violated the children’s rights.

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.html.

Anti-Semitism

According to the 2011 census, 10,965 persons identified their religion as Judaism. According to estimates from the World Jewish Congress, the Jewish population numbered between 35,000 and 120,000 persons. The overwhelming majority of Jews lived in Budapest.

The Action and Protection Foundation registered 37 anti-Semitic hate crimes in 2017, according to its report for the year. These were 13 cases of vandalism and 24 cases of hate speech.

During the year, TEV published its 2017 annual report on anti-Semitism, which concluded that approximately 37 percent of the population held anti-Semitic views.

According to a study published in June by Szombat, a leading Hungarian Jewish news outlet, two-thirds of Hungarian Jews believed anti-Semitism in the country was a serious problem, although fewer than half said they had experienced it firsthand. The study reported that 48 percent of survey respondents said they had heard anti-Semitic remarks on the street in the year preceding the survey.

Jewish groups expressed concerns about Prime Minister Orban’s past praise (and support from other government officials) for World War II-era anti-Semites and Hitler allies and about public messaging that could incite anti-Semitism. Several events took place to honor Miklos Horthy, who served as Regent of Hungary from 1920 to 1944. Horthy implemented anti-Semitic laws in 1920 and issued nearly 300 anti-Jewish laws and decrees before the March 1944 occupation of the country by Nazi Germany. Horthy allied Hungary with Nazi Germany and oversaw the deportation of Hungarian Jews to concentration camps.

Leading Jewish groups, Holocaust scholars, and others expressed concern about the announcement that the government in 2019 would open the House of Fates, a new Holocaust museum and education center in Budapest that would focus on the rescue efforts of non-Jewish Hungarians. These groups and individuals criticized the project as an attempt to obscure the involvement of the country and Horthy in the Holocaust.

On July 16, state-financed public television appointed Beatrix Siklosi to run its cultural channel. When Siklosi previously was nominated as chief editor of religious programming for public television in 2014, media reported she had made racist and anti-Semitic comments on social media. The Catholic, Reformed, Lutheran, and Jewish communities published a letter stating that Siklosi was unacceptable to them. Siklosi resigned from the position but remained in charge of nationalities programming.

The November 29 edition of the government-friendly weekly Figyelo published on its cover page a photo montage of Andras Heisler, president of the Federation of Hungarian Jewish Communities (Mazsihisz), surrounded by banknotes. On December 3, World Jewish Congress president Ronald Lauder said the magazine cover contained “one of the oldest and vilest caricatures of the Jewish people.”

On July 19, Prime Minister Orban visited Israel and met with Israeli Prime Minister Benjamin Netanyahu. After their meeting, Orban stated that Jews could feel safe in Hungary and that his government had zero tolerance for anti-Semitic statements.

Trafficking in Persons

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

Persons with Disabilities

The constitution and the law prohibit discrimination against persons with physical, sensory, or intellectual disabilities in employment, education, air travel and other transportation, access to health care, or the provision of other state services.

Both the central government and municipalities continued to renovate public buildings to make them accessible to persons with disabilities. There were no data available on the percentage of government buildings that complied with the law, but NGOs asserted that many public buildings remained inaccessible. NGOs also noted that public transportation had limited accessibility. NGOs claimed public elementary schools were not obligated to enroll children with disabilities.

The government continued to implement its 30-year (2011-41) strategy to reduce the number of persons with disabilities living in institutions with capacities greater than 50 persons, but NGOs reported no meaningful progress. Between 2007 and 2013, only approximately 600 of 23,000 such persons moved to group homes or smaller institutions with up to 30 beds. NGOs also claimed the strategy covered only 10,000 of the 23,000 persons with disabilities living at large institutions.

The constitution provides that a court may deprive persons with disabilities who are under guardianship of the right to vote due to limited mental capacity. The international NGO Mental Disability Advocacy Center criticized this as an “unsophisticated disguise for disability-based discrimination.”

In 2017 the ombudsman announced a finding that the state was failing in its duty to provide suitable and accessible education for students with disabilities in violation of international agreements. The ombudsman found that, as the state had no data on the exact number of students with disabilities, it failed to establish institutions to serve them, and that there was a lack of properly trained teachers.

National/Racial/Ethnic Minorities

Roma were the largest ethnic minority. According to the 2011 census, approximately 315,000 persons (3 percent of the population) identified themselves as Roma. A University of Debrecen study published in February, however, estimated there were 876,000 Roma in the country, constituting approximately 9 percent of the country’s population. The study claimed the 2011 census underestimated the size of the Romani community, since Romani respondents often preferred not to disclose their minority status. To avoid biased responses, instead of asking respondents to self-report their ethnicity, the researchers gathered data from municipal governments and from Romani self-government bodies.

Human rights NGOs continued to report that Roma suffered social and economic exclusion and discrimination in almost all fields of life. According to a 2017 study by the Pew Research Center on religious belief and national belonging in Central and Eastern Europe, 54 percent of respondents in Hungary would not be willing to accept Roma as members of their family, 44 percent as neighbors, and 27 percent as citizens of their country.

Domestic media reported in July that the Hungarian Scouts Association (HSA) refused to accept Romani children from a school in a village in the northeastern part of the country that helps underprivileged (mainly Romani) children graduate high school. When the school tried to enroll Romani students in an HSA summer camp, the HSA rejected them on the grounds the camp was open only for registered scouts. The HSA subsequently denied the school’s application to form a scout troop. In February the HSA wrote a letter to the school principal stating that it had “reservations about a scouting group made up exclusively of Roma.” HSA president Judit Poto told media in July the students’ religious practice was an important factor in the case.

Segregation of Romani children in schools and their frequent misdiagnosis as mentally disabled remained a problem (see section 6, Children). Observers claimed that the public education system continued to provide inadequate instruction for members of minorities in their own languages as required by law and that Romani-language schoolbooks and qualified teachers were in short supply.

The law establishes cultural autonomy for nationalities (replacing the term “minorities”) and recognizes the right to foster and enrich historic traditions, language, culture, and educational rights as well as to establish and operate institutions and maintain international contacts.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

The law prohibits discrimination based on sexual orientation. In addition, the law prohibits certain forms of hate speech and prescribes increased punishment for violence against members of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community. Victims of discrimination have a wide choice of remedies, including a procedure by a designated government agency (Equal Treatment Authority), enforcement of personality rights via civil court procedure, and sectoral remedies in media law. Only the civil procedure allows for the awarding of pecuniary and nonpecuniary damages. The Constitutional Court also offers possibilities to challenge allegedly discriminatory legislation. NGOs reported that the Equal Treatment Authority, ombudsman, and courts enforced these antidiscrimination laws. There were no reported cases of violence against LGBTI persons.

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The constitution and laws prohibit discrimination based on race, sex, gender, disability, language, sexual orientation and gender identity, infection with HIV or other communicable diseases, or social status. The labor code provides for the principles of equal treatment. The government failed to enforce these regulations effectively. Penalties took the form of fines but were generally inadequate to deter violations.

Observers asserted that discrimination in employment and occupation occurred with respect to Roma, women, and persons with disabilities. According to NGOs, there was economic discrimination against women in the workplace, particularly against job seekers older than 50 and those who were pregnant or had returned from maternity leave. A government decree requires companies with more than 25 employees to reserve 5 percent of their work positions for persons with physical or mental disabilities. While the decree provides fines for noncompliance, many employers generally paid the fines rather than employ persons with disabilities. The National Tax and Customs Authority issued “rehabilitation cards” to persons with disabilities, which granted tax benefits for employers employing such individuals.

Iceland

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: Rape carries a maximum penalty of 16 years in prison. Judges typically imposed sentences of two to three years. The law does not explicitly address spousal rape. In March parliament redefined rape so that, if consent is not given or not given of the individual’s free will, the act can be punishable as rape.

The law criminalizes domestic violence specifically with a maximum penalty of 16 years in prison.

Victims of domestic violence can request police to remove perpetrators physically from the home for up to four weeks at a time. Police can also impose a 72-hour restraining order to prevent abusers from coming into proximity with the victim, and courts can extend this restraining order for up to a year. The law entitles victims of sex crimes to a lawyer to advise them of their rights and to help them pursue charges against the alleged assailants. In 2017 approximately 150 women and 100 children sought temporary lodging at the country’s shelter for women, mainly because of domestic violence, an increase over the previous year. An additional 20 women came to the shelter for counseling or interviews.

The government helped finance the Women’s Shelter, the Counseling and Information Center for Survivors of Sexual Violence, the rape crisis center of the national hospital, and other organizations that assisted victims of domestic or gender-based violence. Additionally, the government assisted immigrant women in abusive relationships, offering emergency accommodation, counseling, and information on legal rights.

Sexual Harassment: Two laws prohibit sexual harassment. The general penal code makes sexual harassment punishable by imprisonment for up to two years. The law on equal status defines sexual harassment more broadly as any type of unfair or offensive physical, verbal, or symbolic sexual behavior that is unwanted, affects the self-respect of the victim, and continues despite a clear indication that the behavior is undesired. The law requires employers and organization supervisors to make specific arrangements to prevent employees, students, and clients from becoming victims of gender-based or sexual harassment. The law establishes fines for violations, but more severe penalties could be applicable under other laws.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: Women have the same legal status and rights as men according to the constitution and the law. Although the government enforced the law effectively, employment discrimination occurred.

Children

Birth Registration: A child acquires the country’s citizenship at birth if both parents are citizens, if the mother is a citizen, or if the father is a citizen and is married to the child’s foreign mother. If a mixed-nationality couple had obtained a judicial separation at the time when the child was conceived, the child acquires the mother’s citizenship. A stateless child can become a citizen at the age of three. In all cases a child’s access to social services depends on whether he or she has a residence permit in the country. Registration of birth was prompt.

Child Abuse: Child abuse is illegal. The Government Agency for Child Protection is responsible for implementation of the law. The agency operated a diagnostic and short-term treatment center for abused and troubled minors, and was responsible for three long-term treatment facilities. It also coordinated the work of 27 committees throughout the country that were responsible for local management of child-protection cases.

The government maintained a children’s assessment center to accelerate prosecution of child sexual abuse cases and lessen the trauma experienced by the child.

The prime minister appoints the children’s ombudsman, who acts independently of the government. While the ombudsman’s recommendations are not binding on authorities, generally the government adopted them.

Early and Forced Marriage: The country’s minimum age for marriage is 18 for both sexes.

Sexual Exploitation of Children: The law prohibits, with fines or imprisonment for up to two years, the payment, or promise of payment or consideration of another type, for the commercial sexual exploitation of a child under the age of 18. The law punishes child pornography by up to two years in prison. The law criminalizes statutory rape with incarceration for one to 16 years. The government effectively enforced these laws. The minimum age for consensual sex is 15.

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.html.

Anti-Semitism

Officials estimated the Jewish community to be fewer than 100 individuals, and there is no officially registered synagogue or Jewish cultural center in the country. The first rabbi arrived in the country in the summer to establish and register the country’s first Jewish society.

Trafficking in Persons

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

Persons with Disabilities

The constitution prohibits discrimination against persons with disabilities. The law provides that persons with disabilities have access to buildings, information, and communications. Disability rights advocates complained that authorities did not fully implement the law and regulations. While violations of these regulations are punishable by a fine or a jail sentence of up to two years, one of the main associations for persons with disabilities contended that authorities rarely, if ever, assessed penalties for noncompliance.

In June parliament adopted the Independent Living for People with Disabilities (or NPA in Icelandic), which grants more freedom to persons with disabilities in hiring their own assistants and tailors assistance to their needs.

National/Racial/Ethnic Minorities

In June parliament approved legislation prohibiting all forms of discrimination, including race and ethnicity, to provide for the incorporation of equal treatment in all fields of society, excluding in the labor market, which was covered by separate legislation. Immigrants, mainly of non-Western origin or from Eastern Europe and the Baltic countries, and asylum seekers, suffered occasional incidents of social harassment based on their ethnicity.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

While the constitution does not specifically prohibit discrimination based on sexual orientation or gender identity, it does so implicitly. The law prohibits anyone from denying a person goods or services on grounds of that person’s sexual orientation or gender identity. It also prohibits denying a person access to a public meeting place or other places open to the public on the same footing with others on grounds of that person’s sexual orientation or gender identity. The law further prohibits incitement to hatred against persons on the basis of sexual orientation or gender identity and the dissemination of hateful material.

Lesbian, gay, bisexual, transgender, and intersex (LGBTI) activists continued to note the lack of explicit protections for LGBTI individuals on the basis of sexual orientation, gender identity or expression, or sex characteristics in hate crime laws.

Other Societal Violence or Discrimination

Immigrants and asylum seekers, mainly of non-Western origin, suffered occasional incidents of harassment based on their religious beliefs. The 2017 report by the European Commission against Racism and Intolerance (ECRI) noted “the growing incidence of anti-Muslim sentiment” in the country, including on social media.

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The constitution and other laws prohibit such discrimination in general and provide for fines determined by the courts for violations. In April parliament approved legislation on equal treatment in the labor market. This includes race, ethnicity, age, religion, beliefs, disabilities, reduced functionalities, orientation, gender identity, intersex, or gender expression. The government effectively enforced the law.

Employment discrimination occurred. In accordance with legislation on Equal Rights of Men and Women enacted in January, individuals, companies, institutions, and NGOs can refer cases to the Gender Equality Complaints Committee, which rules on appointments and salary related matters. Despite laws requiring equal pay for equal work, a pay gap existed between men and women.

ECRI reported that foreign construction workers, even skilled ones, were usually hired as unskilled workers at the collectively negotiated minimum wage. There were anecdotal indications of a broadening wage gap between Icelandic and foreign employees, with as much as a 20-30-percent difference in salaries, where work experience and education were otherwise equal.

Disability rights advocates asserted that persons with disabilities had a more difficult time finding jobs due to prejudice and because fewer job opportunities, especially part-time, were available for persons with disabilities.

Indonesia

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law prohibits rape, domestic abuse, and other forms of violence against women. A 2016 government survey found that one-third of women between the ages of 15 and 64 had experienced violence. Violence against women previously was poorly documented and significantly underreported by the government. Domestic violence was the most common form of violence against women.

The legal definition of rape covers only forced penetration of sexual organs, and filing a case requires corroboration and a witness. Rape is punishable by four to 14 years in prison. While the government imprisoned perpetrators of rape and attempted rape, sentences were often light, and many convicted rapists received the minimum sentence. Marital rape is not a specific criminal offense under the penal code, but is covered under “forced sexual intercourse” in national legislation on domestic violence and can be punished with criminal penalties. Reliable nationwide statistics on the incidence of rape continued to be unavailable, although in 2016 the Ministry of Women’s Empowerment announced the creation of a nationwide data center to monitor cases of sexual violence. In July KOMNAS Perempuan signed an agreement with Telkomtelstra, a telecommunications company, to develop a cloud-based contact center dedicated to providing technological improvements to KOMNAS Perempuan’s telephone hotline system.

The government ran integrated service centers for women and children (P2TPA) in all 34 provinces and approximately 242 districts that provided counseling and support services to victims of violence. The larger provincial service centers provided more comprehensive psychosocial services, while the quality of support at the district-level centers varied. Women living in rural areas or districts where no such center was established had difficulty receiving support services, and some centers were only open for six hours a day and not the required 24 hours. Nationwide, police operated “special crisis rooms” or “women’s desks” where female officers received reports from female and child victims of sexual assault and trafficking and where victims found temporary shelter.

In addition to 32 provincial-level task forces, the government has 191 task forces at the local (district or city) level, which were usually chaired by the local P2TPA or the local social affairs office.

Female Genital Mutilation/Cutting (FGM/C): FGM/C reportedly occurred regularly, and no laws prohibit the practice. A February 2017 UNICEF report, which reflected 2013 government data, estimated that 49 percent of girls age 11 and younger have undergone some form of FGM/C, despite laws prohibiting medical professionals from administering it. The Ministry of Women’s Empowerment and Child Protection has been vocal in opposing FGM/C and has launched an awareness campaign on the dangers of FGM/C. In 2017 the ministry released a guidebook for religious leaders on the prevention of FGM/C. In May during a conference hosted by the ministry, religious representatives from 34 provinces signed a religious opinion advising the national board of the Indonesia Ulema Council to issue a fatwa downgrading FGM/C from “recommended” to “not required or recommended.”

Sexual Harassment: Article 281 of the criminal code, which prohibits indecent public acts, serves as the basis for criminal complaints stemming from sexual harassment. Violations of this article are punishable by a maximum imprisonment of two years and eight months and a small fine. Civil society and NGOs reported sexual harassment was a problem countrywide.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: The law provides for the same legal status and rights for women as for men under family, labor, property, and nationality laws, but it does not grant widows equal inheritance rights. The law states that women’s participation in the development process must not conflict with their role in improving family welfare and educating the younger generation. The law establishes the legal age of marriage as 16 for women and 19 for men, and designates the man as the head of the household. As such, the government taxes married women who work outside the home at a higher rate than working husbands.

Divorce is available to both men and women. Many divorcees received no alimony, since there was no system to enforce such payments. The law requires a divorced woman to wait 40 days before remarrying; a man may remarry immediately.

The National Commission on Violence against Women reported 421 policies that discriminate against women were issued by provincial, district and municipal administrations between 2009 and 2014. These include “morality laws” and antiprostitution regulations, such as those in Bantul and Tangerang, that have been used to detain women walking alone at night. More than 70 local regulations require women to dress conservatively or wear a headscarf. The Ministry of Home Affairs is responsible for “harmonizing” local regulations that are not in line with national legislation and can recommend to the Constitutional Court that the local regulations be overturned. As of August the ministry had not invoked this authority to recommend the overturning of any gender discriminatory local regulations.

Women faced discrimination in the workplace, both in hiring and in gaining fair compensation.

Children

Birth Registration: Citizenship is primarily acquired through one’s parents or through birth in national territory. Without birth registration, families may face difficulties in accessing government-sponsored insurance benefits and enrolling children in schools.

The law prohibits fees for legal identity documents issued by the civil registry. Nevertheless, NGOs reported that in some districts local authorities did not provide free birth certificates.

Education: Although the constitution guarantees free education, most schools were not free, and poverty puts education out of reach for many children. In 2015 the government introduced a nationwide compulsory 12-year school program, but implementation was inconsistent. The Ministry of Education, representing public and private schools, and the Ministry of Religion for Islamic schools and madrassahs, introduced a new system giving students from low-income families a financial grant for their educational needs.

According to the National Statistics Agency, in 2016 approximately one million children ages seven to 15 years did not attend primary or secondary school. An estimated 3.6 million children ages 16 to 18 did not attend school.

Child Abuse: There continued to be reports of child labor and sexual abuse. In February East Java police arrested a junior high school teacher in Jombang (East Java) who allegedly committed sexual abuse against 26 students. The teacher was convicted and received a sentence of 15 years’ imprisonment. The law prohibits child abuse, but NGOs criticized the slow police response in responding to such allegations. The law addresses economic and sexual exploitation of children, as well as adoption, guardianship, and other issues. Some provincial governments did not enforce these provisions.

Early and Forced Marriage: The legal distinction between a woman and a girl was not clear. Marriage law sets the minimum age for marriage at 16 for women (19 for men), but child protection law states that persons younger than 18 are not adults; however, a girl once married has adult legal status. Girls frequently married before they reached age 16, particularly in rural and impoverished areas.

Sexual Exploitation of Children: The penal code forbids consensual sex outside of marriage with girls younger than 15. The law does not address heterosexual acts between women and boys, but it prohibits same-sex acts between adults and minors.

The law prohibits child pornography and prescribes a maximum sentence of 12 years and fine of IDR six billion ($412,000) for producing or trading in child pornography. In March 2017 Jakarta police disrupted a major Facebook group used for sharing child pornography.

According to 2016 data from the Ministry of Social Affairs, there were 56,000 underage sex workers in the country; UNICEF estimated that nationwide 40,000 to 70,000 children were victims of sexual exploitation and that 30 percent of female prostitutes were children.

Displaced Children: According to a Ministry of Social Affairs’ March 2017 report, there were approximately four million neglected children nationwide, including an estimated 16,000 street children. The government continued to fund shelters administered by local NGOs and paid for the education of some street children.

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.html.

Anti-Semitism

The country’s Jewish population was extremely small. Some fringe media outlets published anti-Semitic conspiracy theories.

Trafficking in Persons

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

Persons with Disabilities

The law prohibits discrimination against persons with physical and mental disabilities and mandates accessibility to public facilities for persons with disabilities. The law applies to education, employment, health services, and other state services. The government, however, did not always enforce this provision.

In 2013 the General Elections Commission signed a MOU with several NGOs to increase participation by persons with disabilities in national elections. As a result, 3.6 million voters with disabilities were eligible to vote in the 2014 elections. Regional elections in 2015 and 2017 saw increased accessibility nationwide for voters with disabilities, although improvements were not uniform around the country.

According to NGO data, fewer than 4 percent of children with disabilities had access to education. Children with disabilities were reportedly seven times less likely to attend school than other school-age children. More than 90 percent of blind children reportedly were illiterate.

A comprehensive disability rights law imposes criminal sanctions for violators of the rights of persons with disabilities.

National/Racial/Ethnic Minorities

The government officially promotes racial and ethnic tolerance, but in some areas, religious majorities took discriminatory action against religious minorities, and local authorities made no effective response.

Indigenous People

The government views all citizens as “indigenous” but recognizes the existence of several “isolated communities” and their right to participate fully in political and social life. The Indigenous Peoples’ Alliance of the Archipelago estimated there are between 50 and 70 million indigenous persons in the country. These communities include the myriad Dayak tribes of Kalimantan, families living as sea nomads, and the 312 officially recognized indigenous groups in Papua. Indigenous persons, most notably in Papua and West Papua, were subject to discrimination, and there was little improvement in respecting their traditional land rights. Mining and logging activities, many of them illegal, posed significant social, economic, logistical, and legal problems to indigenous communities. The government failed to prevent companies, often in collusion with the local military and police, from encroaching on indigenous peoples’ land. Melanesians in Papua, who were mostly Christians, cited endemic racism and discrimination as drivers of violence and economic inequality in the region.

In 2016 President Jokowi announced a government grant of 32,000 acres of forest concessions to nine local indigenous groups to support local community livelihoods; an additional 20,000 acres were granted in 2017. These “customary forest” or hutan adat land grants were a new land classification specifically designated for indigenous groups. Nevertheless, access to ancestral lands continued to be a major source of tension throughout the country, and large corporations and government regulations continued to displace persons from their ancestral lands. Central and local government officials reportedly extracted kickbacks from mining and plantation companies in exchange for land access at the expense of the local populace.

The government program of transferring migrants from overcrowded islands, such as Java and Madura, diminished greatly in recent years. Communal conflicts often occurred along ethnic lines in areas with sizeable transmigrant populations (see Other Societal Violence and Discrimination below).

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

The antidiscrimination law does not apply to LGBTI individuals, and discrimination against LGBTI persons continued. Families often put LGBTI minors into therapy, confined them to their homes, or pressured them to marry.

The pornography law criminalizes the production of media depicting consensual same-sex sexual activity and classifies such activity as deviant. Fines range from IDR 250 million to seven billion ($17,100 to $480,000) and imprisonment from six months to 15 years, with increased penalties of one-third for crimes involving minors.

In addition, local regulations across the country criminalize same-sex sexual activity. For example, the province of South Sumatra and the municipality of Palembang have local ordinances criminalizing same-sex sexual activity and prostitution. Under a local ordinance in Jakarta, security officers consider any transgender person in the streets at night to be a sex worker.

According to media and NGO reports, local authorities sometimes abused transgender persons and forced them to pay bribes following detention. In some cases the government failed to protect LGBTI persons from societal abuse. Police corruption, bias, and violence caused LGBTI persons to avoid interaction with police. Officials often ignored formal complaints by victims and affected persons. In criminal cases with LGBTI victims, police investigated the cases reasonably well, as long as the suspect was not affiliated with police.

Aceh’s sharia criminal code bans consensual same-sex activities and makes them punishable by a maximum 100 lashes, a fine of approximately IDR 551 million ($37,800), or a 100-month prison term. According to Aceh’s sharia agency chief, at least four witnesses must observe individuals engaging in consensual same-sex activities for them to be charged. On January 28, police raided several beauty salons in Aceh and detained as many as a dozen transgender employees over claims they teased a group of boys. Police accused the employees of violating the province’s religious law, then forced some of them to cut their long hair and wear “male” clothing and speak in “masculine” voices while in custody for several days. Police maintained they acted to protect the transgender persons from threats from certain “Muslim hardliners.”

In May 2017 two gay men in Aceh who reportedly identify as Muslims were convicted of violating Aceh’s criminal code. The two men were each publicly caned with 83 lashes. The men were not allowed to speak with lawyers after they were detained by sharia police, according to human rights organizations. This was the first instance in which individuals were charged and punished for consensual same-sex activity, which is not illegal under national law (see section 1.d. for more information on sharia in Aceh).

Transgender persons faced discrimination in employment and in obtaining public services and health care. NGOs documented instances of government officials not issuing identity cards to transgender persons. The law only allows transgender individuals officially to change their gender after the completion of sex reassignment surgery. Some observers claimed the process was cumbersome and degrading because it requires a court order declaring that the surgery is complete and is permitted only under certain undefined special circumstances.

LGBTI NGOs operated openly but frequently held low-key public events because the licenses or permits required for holding registered events were difficult to obtain.

HIV and AIDS Social Stigma

Stigmatization and discrimination against persons with HIV/AIDS were pervasive. The government encouraged tolerance, took steps to prevent new infections, and provided free antiretroviral drugs, although with numerous administrative barriers. The government’s position of tolerance was adhered to inconsistently at all levels of society. For example, prevention efforts were often muted for fear of antagonizing religious conservatives. Diagnostic, medical, or other fees and expenses that put the cost of free antiretroviral drugs beyond the reach of many compounded barriers to accessing these drugs. Persons with HIV/AIDS reportedly continued to face employment discrimination.

According to a Human Rights Watch report released in June, highly publicized police raids targeting gay men and anti-LGBTI rhetoric by officials and other influential figures since early 2016 have caused significant disruption to HIV awareness and testing programs.

Other Societal Violence or Discrimination

Minority religious groups were victims of societal discrimination that occasionally included violence. Affected groups included Ahmadis, Shias, and other non-Sunni Muslims. In areas where they constituted a minority, Sunni Muslims and Christians were also victims of societal discrimination.

Ethnic and religious tensions sometimes contributed to localized violence, and tensions between local residents and migrant workers occasionally led to violence, including in Papua and West Papua.

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in employment and occupation, but there are no laws prohibiting discrimination based on sexual orientation or gender identity, national origin or citizenship, age, language, HIV-positive status, or having other communicable diseases. The law states that persons are entitled to “employment befitting for human beings according to their disabilities, their education, and their abilities.”

According to NGOs, antidiscrimination protections were not always observed by employers or the government. The Ministry of Labor, the Women’s Empowerment and Child Protection Agency, the Ministry of Home Affairs, and the National Development Planning Board worked in partnership to reduce gender inequality, including supporting equal employee opportunity task forces at the provincial, district, and municipal levels. The penalties prescribed under the law did not have a strong deterrent effect. Penalties range from written warnings to revocation of commercial and business licenses.

Women, migrant workers, and persons with disabilities commonly faced discrimination in employment, including often being offered only lower-status jobs. Migrant workers were often subject to police extortion and societal discrimination. Transgender individuals faced discrimination in employment, as did persons with HIV/AIDS.

Some activists said that in manufacturing, employers relegated women to lower-paying, lower-level jobs. Jobs traditionally associated with women continued to be significantly undervalued and unregulated. The labor law does not provide domestic workers with a minimum wage, health insurance, freedom of association, an eight-hour workday, a weekly day of rest, vacation time, or safe work conditions. NGOs reported abusive treatment and discriminatory behavior continued to be rampant.

Some female police and military recruits were subject to invasive virginity testing as a condition of employment, including use of digital pelvic probes that many activists claimed were painful, degrading, and discriminatory (and also not medically accurate). Despite widespread public outcry, police and military officials defended the practice.

Iran

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: Rape is illegal and subject to strict penalties, including death, but it remained a problem. The law considers sex within marriage consensual by definition and, therefore, does not address spousal rape, including in cases of forced marriage. Most rape victims likely did not report the crime because they feared official retaliation or punishment for having been raped, including charges of indecency, immoral behavior, or adultery, the last of which carries the death penalty. Rape victims also feared societal reprisal or ostracism.

For a conviction of rape, the law requires four Muslim men or a combination of three men and two women or two men and four women, to have witnessed a rape. A woman or man found making a false accusation of rape is subject to 80 lashes. In June international media reported on the kidnapping and gang rape of at least 41 women and girls in the city of Iranshahr, Sistan va Baluchistan Province, which has a predominantly Baluchi population. According to the reports, authorities initially tried to deny the cases, leading to local protests. Reports indicated that some of the alleged perpetrators had ties to local security forces. Social media users expressed their anger and sought support for the victims online through an #Iranshahr girls campaign. Some of the social media participants, including Abdollah Bozorgzadeh, were reportedly harassed and arrested for their online activism.

The law does not prohibit domestic violence. Authorities considered abuse in the family a private matter and seldom discussed it publicly.

A 2017 CHRI report referenced a study presented at the nongovernmental Imam Ali Foundation’s May 2017 conference in Tehran on violence against women in the country, according to which 32 percent of women in urban areas and 63 percent in rural areas had been victims of domestic violence. A government official was quoted in the report saying that 11,000 cases of domestic abuse had been registered by the National Welfare Organization. In January, according to media reports, the state-run Iranian Students News Agency (ISNA) apologized after an alleged relationship expert and marriage counselor advised domestic violence victims during a television broadcast to kiss their husband’s feet, leading to a large social media backlash in the country. Some users reportedly mocked the advice and characterized it as “nonsense” and “scary.”

Female Genital Mutilation/Cutting (FGM/C): The law criminalizes FGM/C and states, “the cutting or removing of the two sides of female genitalia leads to diyeh (financial penalty or blood money) equal to half the full amount of diyeh for the woman’s life.”

Little current data was available on the practice inside the country, although older data and media reports suggested it was most prevalent in Hormozgan, Kurdistan, Kermanshah, and West Azerbaijan Provinces.

Other Harmful Traditional Practices: There were no official reports of killings motivated by “honor” or other harmful traditional practices during the year, although human rights activists reported that such killings continued to occur, particularly among rural and tribal populations.

The law reduces punitive measures for fathers and other family members who are convicted of murder or physically harming children in domestic violence or “honor killings.” If a man is found guilty of murdering his daughter, the punishment is between three and 10 years in prison rather than the normal death sentence or payment of diyeh for homicide cases.

Sexual Harassment: The law addresses sexual harassment in the context of physical contact between men and women and prohibits physical contact between unrelated men and women. There was no reliable data on the extent of sexual harassment, but women and human rights observers reported that sexual harassment was the norm in many workplaces. There were no known government efforts to address this problem.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: The constitution provides for equal protection for women under the law in conformity with its interpretation of Islam. The government did not enforce the law, and provisions in the law, particularly sections dealing with family and property law, discriminate against women. Judicial harassment, intimidation, detention, and smear campaigns significantly challenged the ability of civil society organizations to fight for and protect women’s rights.

Women may not transmit citizenship to their children or to a noncitizen spouse. The government does not recognize marriages between Muslim women and non-Muslim men, irrespective of their citizenship. The law states that a virgin woman or girl wishing to wed needs the consent of her father or grandfather or the court’s permission.

The law permits a man to have as many as four wives and an unlimited number of sigheh (temporary wives), based on a Shia custom under which couples may enter into a limited-time civil and religious contract, which outlines the union’s conditions.

A woman has the right to divorce if her husband signs a contract granting that right; cannot provide for his family; has violated the terms of their marriage contract; or is a drug addict, insane, or impotent. A husband is not required to cite a reason for divorcing his wife. The law recognizes a divorced woman’s right to part of shared property and to alimony. These laws were not always enforced.

The government actively suppressed efforts to build awareness among women of their rights regarding marriage and divorce. According to a CHRI report, in September the IRGC Intelligence Organization arrested Hoda Amid, a human rights attorney, and Najmeh Vahedi, a prominent sociologist and women’s rights activist, three days before they were supposed to host a workshop about the country’s marriage laws, which they had organized with a legal permit. One of the purposes of the workshop was to teach women how to expand their rights with legally binding prenuptial contracts.

The law provides divorced women preference in custody for children up to age seven, but fathers maintain legal guardianship rights over the child and must agree on many legal aspects of the child’s life (such as issuing travel documents, enrolling in school, or filing a police report). After the child reaches the age of seven, the father is granted custody unless he is proven unfit to care for the child.

Women sometimes received disproportionate punishment for crimes such as adultery, including death sentences. Islamic law retains provisions that equate a woman’s testimony in a court of law to half that of a man’s and value a woman’s life as half that of a man’s. According to the law, the diyeh paid in the death of a woman is half the amount paid in the death of a man, with the exception of car accident insurance payments.

Women have access to primary and advanced education. According to 2017 media reports, women gaining admission to universities nationwide outnumbered men by 13 percent. Quotas and other restrictions nonetheless limited women’s admissions to certain fields and degree programs.

As domestic media reported during the year, women’s participation in the job market remained as low as 16 percent. Women reportedly earned 41 percent less than men for the same work. Unemployment among women in the country was twice as high as it was among men.

Women continued to face discrimination in home and property ownership, as well as access to financing. In cases of inheritance, male heirs receive twice the inheritance of their female counterparts. The government enforced gender segregation in many public spaces. Women must ride in a reserved section on public buses and enter some public buildings, universities, and airports through separate entrances.

The law provides that a woman who appears in public without appropriate attire, such as a cloth scarf veil (hijab) over the head and a long jacket (manteau), or a large full-length cloth covering (chador), may be sentenced to flogging and fined. Absent a clear legal definition of “appropriate attire” or of the related punishment, women were subjected to the opinions of various disciplinary and security force members, police, and judges.

Throughout the year government and security forces cracked down on peaceful nationwide protests against dress restrictions.

In January several women in Tehran and Isfahan protested the compulsory hijab law by standing on platforms, publicly removing their headscarves, and waving them like flags. They were following the example of Vida Movahed, who performed a similar act of defiance in December 2017 on Revolution Street in Tehran. Pictures of Movahed–who disappeared for a month during detention by security forces at an unknown location–performing the act went viral online. According to reports, Movahed was sentenced in March to 24 months in prison but was released on bail.

In February authorities arrested 29 women in Tehran for peacefully protesting the mandatory dress law. Prosecutor General Mohammad Jafar Montazeri was quoted downplaying the significance of the protests, calling them “childish,” “emotionally charged,” and fomented from outside the country. One of the protesters, Narges Hosseini, a sociology student, was arrested and in March sentenced to two years in prison. Maryam Shariatmadari, a computer science student, was sentenced to one year in prison for “encouraging corruption by removing her hijab.” According to media reports and Amnesty International, Shaparak Shajarizadeh fled the country after being arrested on multiple occasions, subjected to torture and beatings, and released on bail in April; she reportedly was sentenced in absentia to 20 years in prison for peacefully protesting. According to reports, other women and some men were arrested throughout the country for similar activities.

In March, according to an HRW report, police arrested approximately 35 women who had gathered outside Azadi Stadium in Tehran seeking to watch a soccer match. In June, however, authorities allowed women and men into the same stadium to watch a live streaming of the national football team competing at the World Cup, and in October close to 100 women were allowed to attend a live match.

As noted by the former UNSR and other organizations, female athletes have been traditionally barred from participating in international tournaments, either by the country’s sport agencies or by their husbands. There were, however, cases throughout the year of female athletes being permitted to travel internationally to compete.

Children

The country established the National Body on the Convention on the Rights of the Child in 2012 to promote the Convention on the Rights of the Child, to which it is a signatory. The Ministry of Justice oversees the body, which reviews draft regulations and legislation relating to children’s rights.

The country last underwent a periodic panel review by the UN Committee on the Rights of the Child in 2016. The review noted many concerns, including discrimination against girls; children with disabilities; unregistered, refugee, and migrant children; and LGBTI minors.

There is a separate juvenile court system. Male juvenile detainees were held in separate rehabilitation centers in most urban areas, but female juvenile detainees and male juvenile detainees in rural areas were held alongside adults in detention facilities, according to NGO reports presented to the UN Committee on the Rights of the Child. (See section 1.c. for the situation of children held in prison with their incarcerated mothers.)

Birth Registration: Only a child’s father conveys citizenship, regardless of the child’s country of birth or mother’s citizenship. Birth within the country’s borders does not confer citizenship, except when a child is born to unknown parents. The law requires that all births be registered within 15 days.

Education: Although primary schooling until age 11 is free and compulsory for all, media and other sources reported lower enrollment in rural areas, especially for girls.

Children without state-issued identification cards are denied the right to education. In her March report, UNSR Jahangir noted that in Sistan va Baluchistan Province, the Cabinet of Ministers requested the Ministry of Education to issue a special card for children without birth certificates so they could attend school. As a result, more than 20,000 children who had received such cards registered for school and 19,000 were allowed to attend.

Child Abuse: There was little information available on how the government dealt with child abuse. The law states, “Any form of abuse of children and juveniles that causes physical, psychological, or moral harm and threatens their physical or mental health is prohibited,” and such crimes carry a maximum sentence of three months in confinement or 10 million rials ($235).

Early and Forced Marriage: The legal minimum age of marriage for girls is 13, but girls as young as nine years old may be married with permission from the court and their fathers. In 2017 UNICEF reported that 17 percent of girls in the country were married before reaching age 18 and that approximately 40,000 were married before 15In her March report, UNSR Jahangir stated this number was likely higher, as thousands of underage marriages were not reported. The UNSR also previously cited statistics from the Tehran-based Association to Protect the Rights of Children, according to which 17 percent of all marriages in the country involved girls married to “old men.”

Sexual Exploitation of Children: The legal age requirements for consensual sex are the same as those for marriage, as sex outside of marriage is illegal. There are no specific laws regarding child sexual exploitation, with such crimes either falling under the category of child abuse or sexual crimes of adultery. The law does not directly address sexual molestation nor provide a punishment for it.

In July, according to media reports, a supervisor at a private boys’ school in Tehran was sentenced to 10 years in prison and 80 lashes for sexually abusing students at the school. Tehran Prosecutor Abbas Jafari Dolatabadi was reported by the press saying the parents of 15 students had complained that their children were raped or otherwise sexually abused.

According to the CHRI, the legal ambiguity between child abuse and sexual molestation could lead to child sexual molestation cases being prosecuted under adultery law. While no separate provision exists for the rape of a child, the crime of rape, regardless of the victim’s age, is potentially punishable by death.

Displaced Children: There were thousands of Afghan refugee children in the country, many of whom were born in Iran but could not obtain identity documents. These children were often unable to attend schools or access basic government services and were vulnerable to labor exploitation and trafficking.

In its 2016 report, the UN Committee on the Rights of the Child noted continued “allegations of abuse and ill treatment of refugee and asylum-seeking children by police and security forces.” UNHCR stated that school enrollment among refugees was generally higher outside camps and settlements, where greater resources were available.

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.html.

Anti-Semitism

The law recognizes Jews as a religious minority and provides for their representation in parliament. According to the 2011 census, the Jewish community numbered approximately 8,700. Government officials continued to question the history of the Holocaust, and anti-Semitism remained a pervasive problem. In November President Rouhani called Israel a “cancerous tumor” and a “fake regime.”

Trafficking in Persons

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

Persons with Disabilities

In March parliament adopted the Law for the Protection of the Rights of Persons with Disabilities. According to HRW, the law increases pensions and extends insurance coverage to disability-related healthcare services, but the new law does not explicitly prohibit discrimination. No information was available regarding authorities’ effectiveness in enforcing the law. The law prohibits those with visual, hearing, or speech disabilities from running for seats in parliament. While the law provides for government-funded vocational education for persons with disabilities, domestic news reports noted vocational centers were located only in urban areas and unable to meet the needs of the entire population.

As HRW reported, persons with disabilities remained cut off from society. They continued to face stigma and discrimination from government social workers, health-care workers, and others. Many persons with disabilities remained trapped in their homes, unable to live independently and participate in society on an equal basis. The law provides for public accessibility to government-funded buildings, and new structures appeared to comply with these standards. There were efforts to increase access for persons with disabilities to historical sites. Government buildings that predated existing accessibility standards remained largely inaccessible, and general building accessibility for persons with disabilities remained a problem. Persons with disabilities had limited access to informational, educational, and community activities. CHRI reported that refugees with disabilities, particularly children, were often excluded or denied the ability to obtain the limited state services provided by the government. CHRI also reported that, according to the director of the State Welfare Organization, 60 percent of persons with disabilities remained unemployed.

National/Racial/Ethnic Minorities

The constitution grants equal rights to all ethnic minorities, allowing minority languages to be used in the media. Article 101 of the Charter on Citizens’ Rights grants the right of citizens to learn, use, and teach their own languages and dialects. In practice minorities did not enjoy equal rights, and the government consistently barred use of their languages in school as the language of instruction.

The government disproportionately targeted minority groups, including Kurds, Ahwazis, Azeris, and Baluchis, for arbitrary arrest, prolonged detention, disappearances, and physical abuse. In its 2016 panel review on the country, the UN Committee on the Rights of the Child reported “widespread discrimination against children of ethnic minorities,” as well as “reported targeted arrests, detentions, imprisonments, killings, torture, and executions against such groups by the law enforcement and judicial authorities.”

These ethnic minority groups reported political and socioeconomic discrimination, particularly in their access to economic aid, business licenses, university admissions, job opportunities, permission to publish books, and housing and land rights.

Another widespread complaint among ethnic minority groups during the year, particularly among Ahwazis, Azeris and Lors, was that the government diverted and mismanaged natural resources, primarily water, often for the benefit of IRGC-affiliated contractors. According to reports from international media and human rights groups, these practices had devastated the local environment on which farmers and others depended for their livelihoods and well-being, resulting in forced migration and further marginalization of these communities. Throughout the year the government forcefully cracked down on environment-related protests that were largely centered in these ethnic minority communities. According to international media reports, in July the government forcefully suppressed protests over the scarcity of clean water in Khorramshahr, Khuzestan Province. Hundreds were arrested and at least four protesters were reported killed after security forces opened fire on the crowd.

The law, which requires religious screening and allegiance to the concept of “governance by the jurist,” not found in Sunni Islam, impaired the ability of Sunni Muslims (many of whom are also Baluch, Ahwazi, or Kurdish) to integrate into civic life and to work in certain fields.

Human rights organizations observed that the government’s application of the death penalty disproportionately affected ethnic minorities. Authorities reportedly subjected members of minority ethnicities and religious groups in pretrial detention repeatedly to more severe physical punishment, including torture, than other prisoners, regardless of the type of crime for which authorities accused them.

The estimated eight million ethnic Kurds in the country frequently campaigned for greater regional autonomy. The government continued to use the law to arrest and prosecute Kurds for exercising their rights to freedom of expression and association. The government reportedly banned Kurdish-language newspapers, journals, and books and punished publishers, journalists, and writers for opposing and criticizing government policies.

Authorities suppressed legitimate activities of Kurdish NGOs by denying them registration permits or bringing security charges against persons working with such organizations. Authorities did not prohibit the use of the Kurdish language in general.

Amnesty International reported on the forced disappearances of five Kurdish men in June 2017. According to the report, Ramin Hossein Panahi, an alleged member of the Komala armed opposition group, was arrested after taking part in an armed clash with the IRGC in Sanandaj, Kurdistan Province. IRGC guards then arrested Panahi’s brother and three other relatives, none of whom were reported to be involved with the armed clashes. After Ramin Panahi was sentenced to death in January 2018, he lived under the threat of an immediate execution while imprisoned in Sanandaj Central Prison. In August CHRI reported that Panahi had sewn his lips shut and gone on a hunger strike to protest the denial of his rights by prison authorities. The UN’s special rapporteur on extrajudicial, summary, or arbitrary executions, Agnes Callamard, said that Panahi was denied access to a lawyer and a fair trial and that he was mistreated and tortured in detention. According to media reports, Panahi’s torture including severe beatings, having his fingernails removed, and his head and body subjected to electric shocks. On September 8, authorities executed Panahi, along with two cousins, Zaniar and Loghman Moradi. International NGOs widely condemned the executions, claiming the prisoners had been tortured and sentenced to death following unfair trials based on forced confessions.

In April, according to international media reports and Kurdish rights groups, there were widespread peaceful protests and demonstrations over the government’s closure of the Baneh border crossing with Iraq, a vital conduit for trade with northern Iraq’s Kurdistan region. The government had also blocked since December 2017 the passes that Kurdish porters used to carry goods back and forth across the border. Rights groups said a number of Iranian Kurds were arrested and the internet was blocked during the protests.

International human rights observers, including the IHRDC, stated that the country’s estimated two million Ahwazi Arabs, representing 110 tribes, faced continued oppression and discrimination. Ahwazi rights activists reported the government continued to confiscate Ahwazi property to use for government development projects, refusing to recognize the paper deeds of the local population from the prerevolutionary era.

In March thousands of Ahwazis gathered in Ahwaz and in cities across Khuzestan Province to protest against state-sanctioned discriminatory policies. The protests were in part triggered when IRIB excluded the community’s cultural identity in an Iranian New Year television show that was supposed to highlight the country’s diversity. The protesters’ peaceful demands for an apology from IRIB were met by a violent crackdown from government security forces. According to reports from Ahwazi rights groups and eyewitness accounts, at least 400 Ahwazis were unjustly arrested in cities across Khuzestan Province.

Ahwazi human rights groups reported that the government rounded up hundreds of Ahwazis following the September attack on a military parade in Ahwaz (estimates reported in November ranged from 600 to more than 800 arrests), while the state-run Tasnim news agency reported the arrest of 22 in connection with the attack (see section 1.a.). Ahwazi human rights groups also reported instances of torture of detainees in the Intelligence Ministry detention center in Ahwaz.

Ethnic Azeris, who number more than 18 million, or approximately 23-25 percent of the population, were more integrated into government and society than other ethnic minority groups and included the supreme leader. Azeris reported that the government discriminated against them by harassing Azeri activists or organizers and changing Azeri geographic names.

According to international media reports and Azeri human rights groups, in July authorities arrested at least 50 Azeris days ahead of an annual gathering at Fort Babak in Eastern Azerbaijan Province and threatened others. According to reports, the government has tried to prevent thousands of Iranians, mostly Azeri speaking activists, from meeting every year at Babak Fortress to peacefully celebrate the birthday of a historic figure, Babak Khorramdin. The annual gathering has general overtones of Azeri nationalism.

Local and international human rights groups alleged discrimination during the year against the Baluchi ethnic minority, estimated at between 1.5 and two million persons. Areas with large Baluchi populations were severely underdeveloped and had limited access to education, employment, health care, and housing, and Baluchi activists reported that more than 70 percent of the population lived below the poverty line.

According to activist reports, the law limited Sunni Baluchis’ employment opportunities and political participation. Activists reported that throughout the year, the government sent hundreds of Shia missionaries to areas with large Sunni Baluch populations to try to convert the local population. According to Baluchi rights activists, Baluchi journalists and human rights activists faced arbitrary arrest, physical abuse, and unfair trials. In February Baloch Activists Campaign (BAC) told CHRI that law enforcement agents had shot and killed at least 20 ethnic Baluchis and wounded 19 while allegedly pursuing suspected traffickers in Sistan va Baluchestan Province. According to BAC, government forces acted with impunity, with little provided in terms of justification for the deaths or means of restitution provided to victims’ families.

See section 2.b. for information on mass arrests of Gonabadi Sufi dervishes.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

The law criminalizes consensual same-sex sexual activity, which is punishable by death, flogging, or a lesser punishment. The law does not distinguish between consensual and nonconsensual same-sex intercourse, and NGOs reported this lack of clarity led to both the victim and the perpetrator being held criminally liable under the law in cases of assault. The law does not prohibit discrimination based on sexual orientation and gender identity.

Security forces harassed, arrested, and detained individuals they suspected of being LGBTI. In some cases security forces raided houses and monitored internet sites for information on LGBTI persons. Those accused of “sodomy” often faced summary trials, and evidentiary standards were not always met. The Iranian LGBTI activist group 6Rang noted that individuals arrested under such conditions were traditionally subjected to forced anal or sodomy examinations, which the United Nations and World Health Organization said can constitute torture, and other degrading treatment and sexual insults. Punishment for same-sex sexual activity between men was more severe than between women. UNSR Jahangir reported in March receiving reports of the continued discrimination, harassment, arbitrary arrest and detention, punishment, and denial of rights of LGBTI persons.

The government censored all materials related to LGBTI status or conduct. Authorities particularly blocked websites or content within sites that discussed LGBTI issues, including the censorship of Wikipedia pages defining LGBTI and other related topics. There were active, unregistered LGBTI NGOs in the country. Hate crime laws or other criminal justice mechanisms did not exist to aid in the prosecution of bias-motivated crimes.

The law requires all male citizens older than age 18 to serve in the military but exempts gay men and transgender women, who are classified as having mental disorders. New military identity cards listed the subsection of the law dictating the exemption. According to 6Rang, this practice identified gay or transgender individuals and put them at risk of physical abuse and discrimination.

NGOs reported that authorities pressured LGBTI persons to undergo gender reassignment surgery.

According to a May report by 6Rang, the number of private and semigovernmental psychological and psychiatric clinics allegedly engaging in “corrective treatment” of LGBTI persons continued to grow during the year. 6Rang reported the increased use at such clinics of electric shock therapy to the hands and genitals of LGBTI persons, prescription of psychoactive medication, hypnosis, and coercive masturbation to pictures of the opposite sex. Many of these practices may constitute torture or other cruel, inhuman, or degrading treatment under international law. According to the report, one such institution is called “The Anonymous Sex Addicts Association of Iran,” with branches in 18 provinces.

HIV and AIDS Social Stigma

Despite government programs to treat and provide financial and other assistance to persons with HIV/AIDS, international news sources and organizations reported that individuals known to be infected with HIV/AIDS faced widespread societal discrimination. Individuals with HIV/AIDS, for example, continued to be denied employment as teachers.

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The constitution bars discrimination based on race, gender, disability, language, and social status “in conformity with Islamic criteria,” but the government did not effectively enforce these prohibitions. According to the constitution, “everyone has the right to choose any occupation he wishes, if it is not contrary to Islam and the public interests and does not infringe on the rights of others.”

Despite this constitutional provision, the government made systematic efforts to limit women’s access to the workplace. An Interior Ministry directive requires all officials to hire only secretaries of their own gender. Women remained banned from working in coffee houses and from performing music alongside men, with very limited exceptions made for traditional music. Women in many fields were restricted from working after 9 p.m. Hiring practices often discriminated against women, and the Ministry of Cooperatives, Labor, and Social Welfare guidelines stated that men should be given preferential hiring status.

Iraq

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law criminalizes rape and sexual assault of women, men, and children, but not specifically spousal rape, and permits a sentence not exceeding 15 years, or life imprisonment if the victim dies. The rape provisions of the law do not define, clarify, or otherwise describe “consent,” leaving the term up to judicial interpretation. The law requires authorities to drop a rape case if the perpetrator marries the victim, with a provision protecting against divorce within the first three years of marriage. The victim’s family sometimes agreed to this arrangement to avoid the social stigma attached to rape. There were no reliable estimates of the incidence of rape or information on the effectiveness of government enforcement of the law.

Humanitarian protection experts assessed that conditions in IDP camps were highly conducive to sexual exploitation and abuse. Amnesty reported in April that women in IDP camps with alleged ties to ISIS were particularly vulnerable to abuse, including rape by government forces and other IDPs (see sections 1.c. and 2.d.).

Although the constitution prohibits “all forms of violence and abuse in the family,” the law does not specifically prohibit domestic violence but stipulates that men may discipline their wives and children “within certain limits prescribed by law or by custom.” The law provided reduced sentences for violence or killing if the perpetrator had “honorable motives” or if the perpetrator caught his wife or female relative in the act of adultery or sex outside of marriage. Domestic violence remained a pervasive problem.

The government made some progress on implementation of its 2016 joint communique with UNAMI on the Prevention and Response to Conflict-related Sexual Violence in 2016, but human rights organizations reported that the criminal justice system was often unable to provide adequate protection for women.

Likewise, NGOs reported that the government made minimal progress in implementing UN Security Council Resolution 1325 on women, peace, and security despite an implementation plan launched in 2016. The KRG High Council of Women’s Affairs reported that neither the central government nor the KRG had allocated a budget for implementing this resolution.

Harassment of legal personnel who sought to pursue domestic violence cases under laws criminalizing assault, as well as a lack of trained police and judicial personnel, further hampered efforts to prosecute perpetrators.

The government and KRG also struggled to address the physical and mental trauma endured by women who lived under ISIS rule. In September, UNHCR reported almost 30 suicides, most by Yezidi women, in six IDP camps in Duhok Governorate since the beginning of the year, a number UNHCR believed to be underreported.

While the law does not explicitly prohibit NGOs from running shelters for victims of gender-based crimes, the law allows the Ministry of Labor and Social Affairs to determine if a shelter may remain open, and the ministry did not do so. As a result, only the Ministry could operate shelters in central government-controlled territory. NGOs that operated unofficial shelters faced legal penalties for operating such shelters without a license (see section 5). NGOs reported that communities often viewed the shelters as brothels and asked the government to close them; on occasion, shelters were subject to attacks. In order to appease community concerns, the ministry regularly closed shelters, only to allow them to reopen in another location later.

The Ministry of Interior maintained 16 family protection units under police authority around the country, located in separate buildings at police stations around the country, designed to resolve domestic disputes and establish safe refuges for victims of sexual or gender-based violence. These units reportedly tended to prioritize family reconciliation over victim protection and lacked the capacity to support victims. NGOs stated that victims of domestic violence feared approaching the family protection units because they suspected that police would inform their families of their testimony. Amnesty’s April report details similar concerns from women in IDP camps. Some tribal leaders in the south reportedly banned their members from seeking redress through police family protection units, claiming domestic abuse was a family matter. The family protection units in most locations did not operate shelters.

In December the BBC visited secret shelters for domestic violence victims in the country, reporting a call for help from one woman who claimed to be imprisoned in Mosul, Ninewa Governorate, by family members and physically abused on a daily basis during a three-year period.

KRG law criminalizes domestic violence, including physical and psychological abuse, threats of violence, and spousal rape. The KRG implemented the provisions of the law and maintained a special police force to investigate cases of gender-based violence and a family reconciliation committee within the judicial system, but local NGOs reported that these programs were not effective at combating gender-based violence.

In the IKR one privately operated shelter and four KRG Ministry of Labor and Social Affairs-operated shelters provided some protection and assistance for female victims of gender-based violence and human trafficking. Space reportedly was limited, and service delivery reportedly was poor. NGOs played a key role in providing services, including legal aid, to victims of domestic violence, who often received no assistance from the government. Instead of using legal remedies, authorities frequently mediated between women and their families so that the women could return to their homes. Other than marrying or returning to their families, which often resulted in further victimization by the family or community, there were few options for women accommodated at shelters.

As of September authorities reported more than 3,200 Yezidis, mainly women and children, remained in ISIS captivity, where they were subject to sexual slavery and exploitation, forced marriage, and other abuses.

Female Genital Mutilation/Cutting (FGM/C): NGOs and the KRG reported the practice of FGM/C persisted in the IKR, particularly in rural areas of Erbil, Sulaimaniyah, and Kirkuk Governorates, and among refugee communities, despite a ban on the practice in IKR law. Rates of FGM/C, however, reportedly continued to decline. FGM/C was not common outside the IKR.

A 2016 study (the most recent data available) by UNHCR, the KRG, and the international NGO Heartland Alliance, found almost 45 percent of women surveyed had been subject to FGM/C in the IKR, a decrease from previous years. NGOs attributed the reduction in FGM/C to the criminalization of the practice and sustained public outreach activities. For example, in April media reported on the efforts of activists like Kurdistan Rasul, a victim of FGM/C who encouraged men and women in IKR villages to end the practice.

Other Harmful Traditional Practices: The law permitted honor as a lawful defense in violence against women, and so-called honor killings remained a serious problem throughout the country. A provision of the law limits a sentence for conviction of murder to a maximum of three years in prison if a man is on trial for killing his wife, girlfriend, or a female dependent due to suspicion that the victim was committing adultery or sex outside of marriage. UNAMI reported that several hundred women died each year from honor killings. Some families reportedly arranged honor killings to appear as suicides.

In August media reported that a bridegroom returned his bride to her parents the day after their wedding, complaining that she was not a virgin. A family member then reportedly beat her to death. Media reported that police arrested a male relative, but the motive remained a subject of public debate as of November.

During the year the KRG began prosecuting murders of women, including by honor killings, as homicides, meaning culprits convicted of honor killings were subject to penalties up to and including the death penalty. The KRG Ministry of Interior Directorate General of Combating Violence against Women confirmed that sentences in such cases sometimes reached 20 years. The ministry reported 14 cases of honor killings occurred in the IKR during the year, as of September.

There were reports that women and girls were sexually exploited through so-called temporary marriages, under which a man gives the family of the girl or woman dowry money in exchange for permission to “marry” her for a specified period. Destitute IDP families living in camps reportedly were especially vulnerable to this type of exploitation, as detailed in an April Amnesty report. NGOs reported some families opted to marry off their underage daughters in exchange for dowry money, believing the marriage was genuine, only to have the girl returned to them, sometimes pregnant, only months later.

Government officials and international and local NGOs also reported that the traditional practice of fasliya, whereby family members, including women and children, are traded to settle tribal disputes, remained a problem, particularly in southern governorates.

Sexual Harassment: The law prohibits sexual relations outside marriage, including sexual harassment. Penalties include fines of up to only 30 dinars (2.5 cents) or imprisonment or both not to exceed three months for a first-time offender. The law provides relief from penalties if unmarried participants marry. The law prohibits sexual harassment in the workplace. No information was available regarding the effectiveness of government enforcement, but penalties were very low. In most areas there were few or no publicly provided women’s shelters, information, support hotlines, and little or no sensitivity training for police. Refugees and IDPs reported regular sexual harassment, both in camps and cities in the IKR.

In the absence of shelters, authorities often detained or imprisoned sexual harassment victims for their own protection. Some women, without alternatives, became homeless.

Female political candidates suffered harassment online and on social media, including posting of, often fake, nude or salacious photos and videos meant to harm their campaigns (see section 3).

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization by government authorities. Unlike previous years, there were no reports of coerced abortion by ISIS or other armed groups of pregnancies of Yezidi captive women.

Discrimination: The Council of Ministers’ Iraqi Women Empowerment Directorate is the lead government body on women’s issues. Although the constitution provides for equality between men and women, the law does not provide for the same legal status and rights for women as for men. Criminal, family, religious, personal status, labor, and inheritance laws discriminate against women. Women experienced discrimination in such areas as marriage, divorce, child custody, employment, pay, owning or managing businesses or property, education, the judicial process, and housing.

For example, in a court of law, a woman’s testimony is worth half that of a man in some cases and is equal in other cases. The law generally permits women to initiate divorce proceedings against their spouses, but the law does not entitle a divorced woman to alimony other than child support or two years financial maintenance in some cases; in other cases the woman must return all or part of her dowry or otherwise pay a sum of money to the husband. Under the law the father is the guardian of the children, but a divorced mother may be granted custody of her children until age 10, extendable by a court up to age 15, at which time the child may choose with which parent he or she wishes to live.

All recognized religious groups have their own personal status courts responsible for handling marriage, divorce, and inheritance issues, and discrimination toward women on personal status issues varies depending on the religious group. The government’s interpretation of sharia is the basis of inheritance law for all citizens except recognized religious minorities. In all communities, male heirs must provide financial support to female relatives who inherit less. If they do not, women have the right to sue.

The law provides women and men equal rights in owning or managing land or other property, but cultural and religious norms impeded women’s property rights, especially in rural areas.

Law and custom generally do not respect freedom of movement for women. For example, the law prevents a woman from applying for a passport without the consent of her male guardian or a legal representative (see section 2.d.). Women could not obtain the Civil Status Identification Document–required for access to public services, food assistance, health care, employment, education, and housing–without the consent of a male relative.

In March media reported on the work of the Shahrazad Center to fight gender discrimination. One female journalist, Israa Tariq, went to the center for legal assistance after the television station she worked for, al-Nahar, did not pay her salary for three months. Another woman, “Houda,” went to the center for legal assistance after her husband left her to raise their two children without paying legally required child support.

NGOs also reported cases in which courts changed the registration of Yezidi women to Muslim against their will because of their forced marriage to ISIS fighters.

Although the KRG provided some additional protections to women, in most respects, KRG law mirrors federal law, and women faced discrimination. Beginning in May, public prosecutors in Kurdistan began accepting the testimony of women in court on an equal basis with that of men. KRG law allows women to set as a prenuptial condition the right to divorce her husband, beyond the limited circumstances allowed by Iraqi law, and provides a divorced wife up to five years alimony beyond childcare.

The KRG maintained a High Council of Women’s Affairs and a Women’s Rights Monitoring Board to enforce the law, and prevent and respond to discrimination.

Children

Birth Registration: The constitution states that anyone born to at least one citizen parent is a citizen. Failure to register births resulted in the denial of public services such as education, food, and health care. Single women and widows often had problems registering their children. Although in most cases authorities provided birth certificates after registration of the birth through the Ministries of Health and Interior, this was reportedly a lengthy and at times complicated process. The government was generally committed to children’s rights and welfare, although it denied benefits to noncitizen children. Humanitarian organizations reported a widespread problem of children born to members of ISIS or in ISIS-held territory failing to receive a government-issued birth certificate.

Education: Primary education is compulsory for citizen children for the first six years of schooling–and until age 15 in the IKR; it is provided without cost to citizens. Equal access to education for girls remained a challenge, particularly in rural and insecure areas. Recent, reliable statistics on enrollment, attendance, or completion were not available.

In January, UNICEF reported that children comprised almost one-half of Iraqis displaced by conflict. Displacement limited access to education; at least 70 percent of displaced children missed a year of school. In February, UNICEF reported that one-half of all schools in Iraq required repairs following the territorial defeat of ISIS and that more than three million children have had their education interrupted.

Child Abuse: Although the constitution prohibits “all forms of violence and abuse in the family,” the law does not specifically prohibit domestic violence but stipulates that men may discipline their wives and children “within certain limits prescribed by law or by custom.” The law provides protections for children who were victims of domestic violence or were in shelters, state houses, and orphanages, including access to health care and education. Violence against children reportedly remained a significant problem, but recent, reliable statistics on the extent of the problem were not available. Local NGOs reported the government made little progress in implementing its 2017 National Child Protection Policy.

KRG law criminalizes domestic violence, including physical and psychological abuse and threats of violence. The KRG implemented the provisions of the law, but local NGOs reported these programs were not effective at combating child abuse. The KRG’s Ministries of Labor and Social Affairs, Education, and Culture and Youth operated a toll-free hotline to report violations against, or seek advice regarding children’s rights.

Early and Forced Marriage: The legal minimum age of marriage is 18, but the law allows a judge to permit children as young as age 15 to marry if fitness and physical capacity are established and the guardian does not present a reasonable objection. The law criminalizes forced marriage but does not automatically void forced marriages that have been consummated. The government reportedly made few efforts to enforce the law. Traditional early and forced marriages of girls, including temporary marriages, occurred throughout the country.

In July the Ledia Organization, a local NGO, released a report finding a significant increase in early marriage due to conflict and economic instability, as many families arranged for girls to marry cousins or into polygamous households to prevent forced marriages to ISIS fighters. Others gave their daughters as child brides to ISIS or other armed groups as a means to ensure their safety, access to public services in occupied territories, or livelihood opportunities for the entire family.

In the IKR the legal minimum age of marriage is 18, but KRG law allows a judge to permit children as young as age 16 to marry under the same conditions applied in the rest of the country. KRG law criminalizes forced marriage and suspends, but does not automatically, void forced marriages that have been consummated. According to the KRG High Council of Women’s Affairs, refugees and IDPs in the IKR engaged in child marriage and polygamy at a higher rate than IKR residents.

Sexual Exploitation of Children: The law prohibits commercial sexual exploitation, sale, offering or procuring for prostitution, and practices related to child pornography. Child prostitution was a problem, as were temporary marriages, particularly among the IDP population. Because the age of legal criminal responsibility is nine in the areas administered by the central government and 11 in the IKR, authorities often treated sexually exploited children as criminals instead of victims. Penalties for commercial exploitation of children range from fines and imprisonment to the death penalty. No information was available regarding the effectiveness of government enforcement.

Child Soldiers: Certain PMF units, including AAH, HHN, and KH, reportedly recruited and used child soldiers, despite government prohibition. The PKK HPG and YBS Yezidi militias also reportedly continued to recruit and use child soldiers. ISIS was known to recruit and use child soldiers (see section 1.g.).

Displaced Children: Insecurity and active conflict between government forces and ISIS caused the continued displacement of large numbers of children. Abuses by government forces, particularly certain PMF groups, contributed to displacement. Due to the conflict in Syria, children and single mothers from Syria took refuge in the IKR. UNICEF reported that almost one-half of IDPs were children.

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.html.

Anti-Semitism

A very small number of Jewish citizens lived in Baghdad. According to unofficial statistics from the KRG Ministry of Endowments and Religious Affairs, there were approximately 430 Jewish families in the IKR. There were no reports of anti-Semitic acts in the country during the year.

Trafficking in Persons

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

Persons with Disabilities

The constitution states the government, through law and regulations, guarantees the social and health security of persons with disabilities, including through protection against discrimination and provision of housing and special programs of care and rehabilitation. Despite constitutional guarantees, no laws prohibit discrimination against persons with physical, sensory, intellectual, or mental disabilities. Persons with disabilities had limited access to education, employment, health services, information, communications, buildings, transportation, the judicial system, or other state services.

Although the Council of Ministers issued a decree in 2016 ordering access for persons with disabilities to buildings and to educational and work settings, incomplete implementation limited access. Local NGOs reported many children with disabilities dropped out of public school due to insufficient physical access to school buildings, a lack of appropriate learning materials in schools, and a shortage of teachers qualified to work with children with developmental or intellectual disabilities.

The minister of labor and social affairs leads the Independent Commission for the Care of People with Disabilities. Any Iraqi citizen applying to receive disability-related government services must first receive a commission evaluation. The KRG deputy minister of labor and social affairs leads a similar commission, administered by a special director within the ministry. In July a group of persons with disabilities burnt their wheelchairs in front of the IKP office in Sulaimaniya in protest, alleging that the KRG commission arbitrarily denied benefits to those who qualified.

There is a 5 percent public-sector employment quota for persons with disabilities, but employment discrimination persisted, and observers projected that the quota would not be met by the end of the year (see section 7.d.). Mental health support for prisoners with mental disabilities did not exist.

The Ministry of Health provided medical care, benefits, and rehabilitation, when available, for persons with disabilities, who could also receive benefits from other agencies, including the Prime Minister’s Office. The Ministry of Labor and Social Affairs operated several institutions for children and young adults with disabilities. The ministry maintained loans programs for persons with disabilities for vocational training.

National/Racial/Ethnic Minorities

The country’s population included Arabs, Kurds, Turkmen, and Shabaks, as well as ethnic and religious minorities, including Chaldeans, Assyrians, Armenians, Yezidis, Sabean-Mandaeans, Baha’i, Kaka’i, and a very small number of Jews. The country also had a small Romani (Dom) community, as well as an estimated 500,000 citizens of African descent who reside primarily in Basrah and adjoining governorates. Because religion, politics, and ethnicity were often closely linked, it was difficult to categorize many incidents as based solely on ethnic or religious identity.

The law did not permit some religious groups, including Baha’i, Zoroastrian, and Kaka’i, to register under their professed religions, which, although recognized in the IKR, remain unrecognized and illegal under Iraqi law. The law forbids Muslims to convert to another religion (see sections 2.d. and section 6, Children).

Government forces, particularly certain PMF groups, and other militias targeted ethnic and religious minorities, as did remaining active ISIS fighters.

For example, following the return of central government control in Kirkuk in October 2017, Kurds, Turkmen, Kaka’i, Christians, and other minorities faced discrimination, displacement, and in some cases, violence from government forces, particularly Iran-aligned PMF groups. Media outlets carried numerous reports of PMF groups invading, looting, and burning the houses of Kurds, Sunni Turkmen, Sunni Arabs, and other ethnic minorities in Kirkuk Governorate. Kurds faced similar violence in Khanaqin, a majority Kurdish city in Diyala Governorate that also passed from KRG to central government control in October 2017. Discrimination continued to stoke ethnosectarian tensions in the disputed territories throughout the year. In August, four Kurds, including a Peshmerga, were beheaded by unknown attackers. The Kaka’i community in Daquq, Kirkuk Governorate, continued to suffer threats, attacks, and assassinations, which Kaka’i civil society groups claimed accelerated under PMF occupation of the area.

Many persons of African descent, some stateless, lived in extreme poverty with high rates of illiteracy and unemployment. They were not represented in politics, and members held no senior government positions. Furthermore, they stated that discrimination kept them from obtaining government employment. Members of the community also struggled to obtain restitution for lands seized from them during the Iran-Iraq war.

There were reports of KRG authorities discriminating against minorities, including Turkmen, Arabs, Yezidis, Shabaks, and Christians, in the disputed territories. For example, courts rarely upheld Christians’ legal complaints against Kurds regarding land and property disputes.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

While the law does not criminalize consensual same-sex sexual conduct between adults per se, authorities used public indecency or prostitution charges to prosecute such conduct. Authorities used the same charges to arrest heterosexual persons involved in sexual relations with anyone other than their spouse. The constitution and law do not extend antidiscrimination protections to LGBTI individuals based on their sexual orientation.

Despite repeated threats and violence targeting LGBTI individuals, specifically gay men, the government failed to identify, arrest, or prosecute attackers or to protect targeted individuals.

LGBTI persons often faced abuse and violence from government and nongovernmental actors that the government did not effectively investigate. In June LGBTI advocacy NGO IraQueer reported 96 percent of surveyed LGBTI individuals experienced threats or violence between 2015 and June. IraQueer reported in June that more than 220 LGBTI individuals were killed in 2017 and stated that the government had not taken steps to prosecute those responsible. In October a video circulated on social media showing a 14-year-old boy dying after being stabbed in an apparent homophobic attack in central Baghdad. In the video the attackers taunted the victim, asking who his boyfriend was and telling him his guts were coming out of his body. In addition to targeted violence, LGBTI persons remained at risk for honor crimes. For example, in July media reported that a father had killed his 12-year-old son because he was playing with his friends in Hamza al-Sharqi, al-Qadisiyah Governorate, but some commentators claimed he was killed for same-sex sexual conduct with his friends.

Local contacts reported that certain PMF groups, including specifically AAH, drafted LGBTI “kill lists” and executed men perceived as gay, bisexual, or transgender, as did ISIS when it still retained territorial control.

LGBTI individuals also faced intimidation, threats, violence, and discrimination in the IKR. In June IraQueer reported the experience of Rawa, a 26-year-old gay man from Duhok Governorate who said he was unable to keep his job because of sexual harassment and violence. Rawa told IraQueer, “I was raped by my boss when I was working as a barista. He then threatened that he would report me to the police if I said anything. I had no choice but to escape.” An IKR-based human rights NGO director reported that otherwise-dedicated members of his staff refused to advocate for LGBTI human rights based on their misperception that LGBTI persons are mentally ill.

Other Societal Violence or Discrimination

Because religion, politics, and ethnicity were often closely linked, it was difficult to categorize many incidents as based solely on ethnic or religious identity.

Media reported criminal networks and some PMF groups seized Christian properties in Baghdad, as well as areas of Anbar, Babil, Basrah, Diyala, Kirkuk, Ninewa, and Wasit Governorates, with relative impunity, despite pledges by the Prime Minister’s Office to open investigations into the seizures. Yezidis likewise complained about property seizures, intimidation, threats, abuses, and discrimination by certain Iran-aligned PMF groups operating in and around Sinjar, Ninewa Governorate.

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The constitution provides that all citizens are equal before the law without discrimination based on gender, race, ethnicity, origin, color, religion, creed, belief or opinion, or economic and social status. The law prohibits discrimination based on gender, race, religion, social origin, political opinion, language, disability, or social status. It also prohibits any forms of sexual harassment in the workplace. The government was ineffective in enforcing these provisions. The law does not prohibit discrimination based on age, sexual orientation or gender identity, HIV-positive status, or other communicable diseases. The law allows employers to terminate workers’ contracts when they reach retirement age, which is lower by five years for women. The law gives migrant Arab workers the same status as citizens but does not provide the same rights for non-Arab migrant workers, who faced stricter residency and work visa requirements.

Discrimination in employment and occupation occurred with respect to women, foreign workers, and minorities (see section 6). Media reported in February and June that the availability of foreign workers willing to accept longer hours and lower pay in unskilled positions has increased Iraqi unemployment to approximately 30 percent and led foreign workers to commandeer certain undesired industries such as janitorial services and the food industry, resulting in social stigmatization. Economic analyst Anas Morshed told media in February, “For example, Bangladeshis are most favored for cleaning work, whereas trades and shopping centers prefer to hire Syrians and other Arab nationalities.”

At the beginning of this year, there were seven unions in the IKR, all led by all-male executive boards. In response, the Kurdistan United Workers Union established a separate women’s committee, reportedly supported by local NGOs, to support gender equality and advance women’s leadership in unions in the IKR.

The Gambia

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law criminalizes the rape of individuals–without reference to gender–and domestic violence. The penalty for conviction of rape is life imprisonment. The maximum penalty for conviction of attempted rape is seven years’ imprisonment. Spousal rape was widespread and not illegal; police generally considered it a domestic issue outside its jurisdiction. Rape and domestic violence were widespread problems that often went unreported due to victims’ fear of reprisal, unequal power relations, stigma, discrimination, and pressure from family and friends not to report. Conviction of domestic violence carries a fine of 50,000 dalasi (D) ($1,055), two years’ imprisonment, or both.

Female Genital Mutilation/Cutting (FGM/C): The law bans FGM/C of girls and women. The law stipulates imprisonment of not more than three years, a fine of D50,000 ($1,055), or both, for anyone convicted of circumcision of a female child; if the child dies, the penalty for conviction is life imprisonment. Failure to report the practice may lead to a fine of D10,000 ($211).

FGM/C is a deeply rooted practice in society. Many hesitated to report FGM/C cases, either because they did not agree with the law or because they were uncomfortable reporting family members or neighbors who engaged in the practice. According to NGOs, approximately 76 percent of girls and women between the ages of 15 and 49 were subjected to FGM/C. NGOs, including the Gambia Committee on Traditional Practices Affecting the Health of Women and Children, Wassu Gambia Kafo, Safe Hands for Girls, and Think Young Women, were at the forefront of combatting FGM/C in the country. Following the departure of former president Jammeh, rumors circulated that the law banning FGM/C would no longer be enforced. Authorities responded that the ban remained in effect. For additional information, see Appendix C.

Sexual Harassment: The law prohibits sexual harassment and conviction provides for a one-year mandatory prison sentence. Sexual harassment was prevalent but not commonly reported due to discrimination, social stigma, and unwillingness to challenge the offenders due to unequal power relationships and fear of reprisal.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization. For additional information, see Appendix C.

Discrimination: The constitution and law provide for equality of all persons; no person shall be treated in a discriminatory manner because of race, color, gender, language, religion, political or other opinion, national or social origin, property, birth, or other status. Legal provisions against discrimination do not apply to adoption, marriage, divorce, burial, and inheritance of property. The law prohibits discrimination in employment, access to credit, owning and managing a business, or in housing or education. During the year there were no reports that the government failed to enforce the law.

Children

Birth Registration: Children derive citizenship by birth in the country’s territory or through either parent. Not all parents registered births, but this did not preclude their children from receiving public health services. Birth certificates were easily obtained in most cases. For additional information, see Appendix C.

Education: The constitution and law mandate compulsory, tuition-free education through the secondary level. Under the tuition-free education plan, however, families often must pay fees for books, uniforms, lunches, school fund contributions, and examination fees. An estimated 75 percent of primary school-age children enrolled in primary schools. Girls comprised approximately half of primary school students but only one-third of high school students.

Early and Forced Marriage: By law children younger than age 18 may not marry; however, approximately 33 percent of girls younger than 18 were married, and 9 percent younger than 15 were married. Government sensitization campaigns in several areas of the country, particularly in remote villages, sought to create awareness of the act. For additional information, see Appendix C.

Sexual Exploitation of Children: The minimum age for consensual sex is 18. The law provides for 14 years’ imprisonment for conviction of commercial sexual exploitation of children and five years for involvement in child pornography. Local NGOs stated criminals exploited children who were often seeking to support their families in prostitution in brothels and in remote guesthouses and motels frequented by tourists. Authorities instructed security officers in the tourism development area to turn away all minors who approached the main resort areas without an acceptable reason. NGOs attributed many of the difficulties in reporting and prosecuting sexual abuse on a national culture of secrecy with regard to intimate family issues and a penchant for resolution of problems outside of the formal system.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. For information, 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.html.

Anti-Semitism

There was no known Jewish community, and there were no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

The constitution prohibits discrimination against or exploitation of persons with disabilities, although it does not stipulate the kinds of disabilities protected, particularly as regards access to health services, education, and employment. Authorities effectively enforced these provisions. There is no explicit legal provision that requires access to transportation, nor any requirement to provide for access to buildings for persons with disabilities. No law or program provides for persons with disabilities to have access to information or communications.

There are three separate schools for students with visual, hearing, or learning disabilities respectively. Other students with disabilities may attend mainstream schools, but there are no programs or facilities to address special needs. Children with disabilities attended school through secondary education at a lower rate than other children.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

By law, “aggravated homosexuality” is a crime for which conviction is punishable by life imprisonment. It includes serial offenders or persons with a previous conviction for homosexual activity, persons having same-sex relations with someone younger than age 18 or with members of other vulnerable groups, or a person with HIV having same-sex relations.

Citing more pressing priorities, President Barrow dismissed homosexuality as a nonissue in the country. On July 5, the country’s delegation to the UN Human Rights Council stated that the government had no immediate plans to reverse or change the law. The law, however, was not enforced.

There was strong societal discrimination against lesbian, gay, bisexual, transgender, and intersex individuals.

HIV and AIDS Social Stigma

Although there were no reports to authorities of HIV-related stigma and discrimination in employment, housing, or access to education or health care, it existed. Societal discrimination against persons infected with HIV/AIDS and fear of rejection by partners and relatives sometimes hindered identification and treatment of persons with the disease. The government’s multisectoral national strategic plan provides for care, treatment, and support for persons with or affected by HIV/AIDS. The plan includes HIV-prevention programs for high-risk populations.

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The constitution prohibits discrimination based on race, color, gender, language, religion, political or other opinion, national or social origin, disability, sex, property, birth, or other status. The law defines the criteria that prohibit discrimination with respect to employment and occupation, and the government effectively enforced the law in the formal sector. By law a person convicted of an offense may be fined up to D50,000 ($1,055). Penalties appeared to be sufficient to deter violations.

Employment in the formal sector was open to women at the same salary rates as men, and no statutory discrimination existed in other kinds of employment; however, societal discrimination lingered, and women generally worked in such low-wage pursuits as food vending and subsistence farming. The law also prohibits discrimination in private companies certified by the Department of Labor.

There were no official reports of discriminatory practices with respect to employment or occupation. The International Labor Organization reported the government generally supported elimination of employment discrimination.