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El Salvador

Section 1. Respect for the Integrity of the Person

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were no reports that the government or its agents committed politically motivated killings. There were reports, however, of security force involvement in extrajudicial killings of suspected gang members. As of October 25, the Office of the Human Rights Ombudsman (PDDH) was investigating seven cases of extrajudicial killings, six attributed to the members of the National Civilian Police (PNC) and one to the armed forces.

On January 31, PNC officers arrested three men on charges of double homicide after they killed two supporters of opposition party Farabundo Marti National Liberation Front (FMLN) following a soccer match. The three perpetrators worked for the Ministry of Health. President Bukele tweeted that the attack was a plot hatched by his political rivals to damage his Nuevas Ideas party’s chances in the February 28 legislative and municipal elections, but there was no evidence of a plot.

On July 19, PNC officers in Guacotecti, Cabanas Department, killed two brothers suspected of being members of transnational gang MS-13. According to relatives, PNC officers arrived at the house to arrest the two brothers who had outstanding warrants, and the brothers fled with rifles when they saw the police officers. The victims’ father said his two sons previously received threats from police, claiming the PNC officers planned the shooting and told him, “We are going to kill your children.”

The First Justice of the Peace of Santa Tecla, La Libertad Department, ordered the provisional arrest of four soldiers for the aggravated homicide of a 30-year-old engineer on August 12. The soldiers from the Apolo Task Force claimed the victim attacked them with a firearm from his vehicle and that the soldiers returned fire. The Scientific Technical Police found no firearms or bullet casings in the vehicle, and the victim’s hands did not have traces of gunpowder.

On February 7, the First Trial Court of Santa Tecla convicted three PNC officers of aggravated homicide and sentenced each of them to 25 years in prison for the 2017 extrajudicial killings of three persons in San Jose Villanueva, La Libertad Department. The PNC officers claimed they received information that the three persons in the vehicle were armed gang members, but the prosecutor showed that the PNC officers intercepted the vehicle and shot the victims without confrontation.

b. Disappearance

Media reports alleged that security and law enforcement officials were involved in unlawful disappearances. According to reports, the PNC recorded 989 disappearances between January 1 and June 29, an increase from the same period in 2020 when the PNC tracked 728 cases. The PNC reported that 545 of those reported missing were later found alive and 51 found dead. Minister of Justice and Public Security Gustavo Villatoro explained that many disappeared persons were victims of homicide, as criminals hid the bodies of their victims to avoid charges of homicide.

On April 7, the Foundation for Studies for the Application of Law released a study stating that the illegal practice of disappearing a person was no longer exclusive to gangs and that police, soldiers, and extermination groups viewed unlawful disappearances as a low-cost, effective way of resolving conflicts. According to a Human Rights Observatory of the Central American University (OUDH) report published in September, extermination groups operated with police, military, and civilian members, simulating legal actions such as searches, raids, and police operations in addition to illegal actions such as arbitrary detentions and killings. The report also noted that between 2015 and 2020, the Attorney General’s Office identified approximately 15 extermination groups in the country.

On May 31, Minister of Justice and Public Security Gustavo Villatoro criticized families who posted photographs of their missing relatives on social media accounts and asked them instead to file a formal complaint with the PNC or the Attorney General’s Office. Villatoro accused the families of psychologically damaging their missing children who eventually are found and stated most persons leave their families because they want to leave their life partner or because they did not get enough attention at home.

On June 1, the daily newspaper El Diario de Hoy reported that the Attorney General’s Office stopped the regular practice of publishing the photographs and information of missing persons following the arrival of the new attorney general, Rodolfo Delgado, on May 1. The Attorney General’s Office recorded more missing persons (5,381) than homicides (2,940) during the first two years of the Bukele administration, with most of the victims disappeared in areas with a high presence of gangs.

The Attorney General’s Office reported 66 minors as missing in the first 10 months of the year, 15 boys and 51 girls. All cases were under investigation.

On December 1, the daily newspaper La Prensa Grafica reported the findings from a study by the OUDH showing that between June 2019 and June 2021, only four cases of missing persons ended in a conviction. This number represented well less than 1 percent of the total cases of missing persons initiated by the Prosecutor’s Office.

Section 2. Respect for Civil Liberties

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, and the law’s definition of rape may apply to spousal rape, at the judge’s discretion. The law requires the Attorney General’s Office to prosecute rape cases whether or not the victim presses charges, and the law does not permit the victim to withdraw the criminal charge. The penalty for conviction of rape is generally imprisonment for six to 10 years. Laws against rape were not effectively enforced.

The law prohibits domestic violence and generally provides for sentences for conviction ranging from one to three years in prison, although some forms of domestic violence carry higher penalties. The law also permits restraining orders against offenders. Laws against domestic violence remained poorly enforced, and violence against women, including domestic violence, remained a widespread and serious problem.

According to a newly published survey, the first of its kind carried out by the General Directorate of Statistics and Census (DIGESTYC), six of 10 women older than age 15 suffered some type of sexual violence in their life. The data was collected in 2019 but not disclosed until March due to difficulties caused by the COVID-19 pandemic.) Sixty-three percent of women ages 15 to 19 and 72 percent of women ages 30 to 34 reported having suffered sexual violence.

Between January and April, the Attorney General’s Office received 441 complaints of domestic violence, which encompasses domestic violence toward any member of the family, including children. Observers noted this number likely did not capture most domestic violence cases, particularly those perpetrated against women. On November 3, several women’s organizations discussed in a forum the 2019 National Data System on Violence against Women of the Ministry of Justice and DIGESTYC, which showed that 68 percent of women older than 15 years suffered sexual violence, but only 5.3 percent sought help. The organizations attributed this low reporting number to women’s distrust of state institutions.

On January 15, the Specialized Sentencing Court for a Life Free of Violence for Women sentenced David Eliseo Diaz Ramirez to 35 years in prison for femicide. Diaz Ramirez and several gang members killed a woman in Tutunichapa, San Salvador Department, in 2019 because she refused to have sex with them.

On May 8, the PNC found more than a dozen bodies, most of them girls and women, buried in the house of former police officer Hugo Ernesto Chavez Osorio, who was arrested on May 6 for the murders of two women. According to the PNC investigation, Chavez Osorio raped his victims and then killed them before burying their bodies in his house.

The Organization of Salvadoran Women for Peace (ORMUSA) reported that the Ministry of Health registered 6,938 pregnant girls or adolescents in the first six months of the year, including 156 girls ages 10 and 11 who were raped and became pregnant. During the first half of the year, the number of pregnancies among girls between the ages of 10-14 increased 9 percent as compared to the same period in 2020. ORMUSA attributed this to several causes, including a lack of government policy for preventing pregnancies in girls and adolescents, a lack of comprehensive sexual and reproductive health education, and an increase in sexual violence. According to the Feminist Collective, families did not report the rapes to the PNC and the Attorney General’s Office because the rapist was commonly a relative of the victim and the families considered it an embarrassment.

Sexual Harassment: The law prohibits sexual harassment and establishes sentences if convicted of five to eight years’ imprisonment. Courts also may impose additional fines in cases in which the perpetrator held a position of trust or authority over the victim. The law mandates that employers take measures against sexual harassment and create and implement preventive programs. The government, however, did not enforce sexual harassment laws effectively.

On March 11, the Second Sentencing Court sentenced Jose Misael Maldonado Palacios, a corporal of the Third Infantry Brigade of the San Miguel Armed Forces, to six years in prison for improper sexual conduct against two employees. The Specialized Attention Unit for Crimes related to Children, Adolescents, and Women stated that in March 2020, Maldonado Palacios offered to pay two women in exchange for sexual acts inside the barracks.

On March 19, the Attorney General’s Office announced the arrest of Salvador Alcides Villegas, general manager of the Council of Mayors of Usulutan. Villegas was formally accused of sexual harassment of three women, including touching and improper sexual expressions. The victims told the authorities that Villegas touched their legs, breasts, and buttocks.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

The law bans abortion. Civil society advocates expressed concern that the ban led to the wrongful incarceration of women who suffered severe pregnancy complications, including miscarriages.

In March the Inter-American Court of Human Rights concluded that the government violated the right to personal freedom, life, health, and justice of Manuela, a woman sentenced to 30 years in prison in 2008 for the aggravated homicide of her unborn child. Manuela died from cancer in 2010 after not receiving timely and appropriate treatment in prison.

On June 2, the Citizen Group for the Decriminalization of Abortion in El Salvador reported that at least 17 women were in prison on charges of having an abortion after suffering out-of-hospital obstetric emergencies. One of the women, Sara Rogel, received early parole, and the Second Court of Penitentiary Surveillance in Cojutepeque, Cuscatlan Department, released her from prison on June 7. Rogel suffered an obstetric emergency in 2012 when she slipped while washing clothes and was sentenced to 30 years in prison for aggravated homicide for allegedly having an abortion. The court commuted Rogel’s sentence to 10 years in January, and Rogel received early parole after the Attorney General’s Office declined to appeal the decision.

The government-run Institute for Women’s Development implements the National Care System which aims to improve the care, protection, and access to justice for victims of sexual and other types of violence. The specialized comprehensive care includes medical care, counseling, family planning, medical examinations, and treatment of sexually transmitted infections in victims of sexual violence and services were generally available throughout the country.

ORMUSA reported that the closure of Ciudad Mujer health centers throughout the country since June 2019, shortly after President Bukele became president, had created a barrier to women and lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons receiving timely health services. Following the closure of the centers, women and LGBTQI+ persons were subjected to long delays to see doctors, and the doctors were not specialized in the field of reproductive health and health issues specific to the LGBTQI+ community, as were the doctors in the Ciudad Mujer health centers.

Discrimination: The constitution grants women and men the same legal status in family, religious, personal status, and nationality laws. There were no reports of discrimination in marriage, divorce, child custody, education, and judicial processes. The law also provides equal rights for men and women in the areas of property rights, inheritance, employment, access to credit, business ownership, and housing. The law establishes sentences of one to three years in prison for public officials convicted of denying a person’s civil rights based on gender and six months to two years for employers convicted of discriminating against women in the workplace, but employees generally did not report such violations due to fear of employer reprisals.

Children

Birth Registration: Children derive citizenship by birth within the country and from their parents. The law requires parents to register a child within 15 days of birth or pay a small fine. Failure to register may result in denial of school enrollment.

Child Abuse: Child abuse remained a serious and widespread problem. The law gives children the right to petition the government without parental consent. Penalties for conviction of breaking the law include losing custody of the child and three to 26 years’ imprisonment, depending on the nature of the abuse.

Child, Early, and Forced Marriage: The legal minimum age for marriage is 18. The law bans child marriage to prevent child abusers from avoiding imprisonment by marrying their underage victims, and the law likewise bans exceptions to child marriage in cases where the minor is pregnant.

Sexual Exploitation of Children: Child sex trafficking is prohibited by law. Prison sentences for convicted traffickers stipulate imprisonment from 16 to 20 years.

The minimum age for consensual sex is 18. The law classifies statutory rape as sexual relations with anyone younger than age 18 and includes penalties for conviction of four to 13 years’ imprisonment.

The law prohibits paying anyone younger than age 18 for sexual services. The law prohibits participating in, facilitating, or purchasing materials containing child pornography and provides for prison sentences of up to 16 years for conviction of violations. Despite these provisions, sexual exploitation of children remained a problem.

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

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The constitution, labor laws, and state regulations prohibit discrimination based on age, race, color, sex, religion, political opinion, national origin (except in cases determined to protect local workers), social origin, gender, disability, language, or HIV-positive status. The government did not effectively enforce those laws and regulations, and penalties were not commensurate to laws related to civil rights, such as election interference. Sexual orientation and gender identity are not protected in the constitution or labor law, although the PDDH and the Ministry of Labor actively sought to protect workers against discrimination on those grounds.

Discrimination in employment and occupation occurred with respect to age, gender, disability, and sexual orientation or gender identity (see sections 6 and 7.e.). According to the Ministry of Labor, migrant workers have the same rights as citizens, but the ministry did not effectively protect their rights.

On January 27, the Legislative Assembly approved the Special Law for the Protection of the Elderly, which prohibits establishing an age limit for job applications, using age as a cause to dismiss an employee, or forcing an employee to retire due to age.

On August 31, the Legislative Assembly approved reforms to the Law of the Judicial Career, establishing that all judges older than 60 years or with more than 30 years of service must be removed from their position. The law affected 156 judges across the country but excluded the Supreme Court of Justice, which may grant exceptions to the judges of their choosing (see section 1.e.).

Although the law provides for equal pay between men and women, women did not receive equal pay. In July the United Nations reported that women made 18 percent less than men in the same jobs. The report also stated that 53 percent of the population in the country were women and that one-third of households were supported only by the income of women.

On April 19, a Mr. Wings restaurant in Soyapango, San Salvador Department, fired an employee for being pregnant. On April 20, the Ministry of Labor confirmed that the employee had been reinstated after an intervention by a team of inspectors from the ministry. The ministry also warned the restaurant against seeking any retaliation against the employee.

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