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Armenia

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

Women

Rape and Domestic Violence: Rape is a criminal offense, and conviction carries a maximum sentence of 15 years; general rape statutes applied to the prosecution of spousal rape. Domestic violence was prosecuted under general statutes dealing with violence, although authorities did not effectively investigate or prosecute most allegations of domestic violence. Domestic violence against women was widespread.

There were reports that police, especially outside Yerevan, were reluctant to act in such cases and discouraged women from filing complaints. According to some NGOs representatives, in cases when a woman alleged rape, she was sometimes questioned about her previous sexual experience and subjected to a “virginity test.” In a few cases, if the rape victim was not a virgin, police would dismiss the allegation as unimportant. A majority of domestic violence cases were considered under the law as offenses of low or medium seriousness, and the government did not hire enough female police officers and investigators for field work to address these crimes.

Between 2010 and 2017, the NGO Coalition to Stop Violence against Women recorded the killing of 50 women by an existing or former partner or by a family member. Information on enforcement actions regarding these killings was unavailable by year’s end. In a high profile case, on November 12, 20-year-old Kristine Iskandaryan was beaten to death by her husband. After police learned her husband previously had battered her he confessed and was detained. In the first six months of the year, nine women were killed under such circumstances, but no information became available about whether their cases were investigated.

The Investigative Committee reported investigating 258 cases of domestic violence in the first half of the year, up from 215 in the same period in 2017. Most of the cases were of women abused by a husband or male domestic partner. During the same period, 259 persons were recognized as victims of domestic violence, of which 33 were minors.

NGOs that promoted women’s rights were criticized mostly online for breaking up “Armenian traditional families” and spreading “Western values.”

On July 1, the December 2017 Law on Prevention of Family Violence, Protection of Persons Subjected to Family Violence, and the Restoration of Family Cohesion went into effect. In a March 29 letter to the government, two UN special rapporteurs and a UN working group expressed concerns about the law, including that it is not strong enough to protect those facing domestic violence and that a number of its provisions could contravene the right of women victims of violence to the highest attainable standard of physical and mental health, and could hinder their right to justice and to effective remedies for the harm they had suffered.

According to NGOs, the government lacked resources for the full implementation of the law. Police officers began a training program but did not have adequate training or will to apply the law to perpetrators. There was only one shelter for victims, which did not have the capacity to serve all victims. After the May change in government, NGOs reported the Ministry of Labor and Social Affairs took concrete steps to increase cooperation, such as such as funding a second shelter in one of the regions and allowing NGOs to post information on its website.

Several members of parliament continued to voice disapproval of the law, with Tsarukyan bloc member Gevorg Petrosyan calling it an instrument that could be used by “freedom loving women” to get rid of their husbands and “fulfil their fantasies outside of the family.”

Some female politicians, as well as human rights and environmental activists, were subject to gender-biased posts and discriminatory comments in social media.

Sexual Harassment: Although the law addresses lewd acts and indecent behavior, it does not specifically prohibit sexual harassment. Observers believed sexual harassment of women in the workplace was widespread and was not adequately addressed by the government, which did not have a functioning, all-encompassing labor inspectorate or other avenues to report such harassment.

On February 13, Marina Khachatryan, a Yerevan city council member from the opposition Yerkir Tsirani (Apricot Land) party, brought a glass filled with a sample of sewer water that was leaking from the Nubarashen prison into a residential area to a council session. Khachatryan attempted to present the sewer water to then mayor Taron Margaryan to raise awareness of city residents’ complaints that the sewage was harming their community. At Margaryan’s instigation, however, other male council members and staff assaulted Khachatryan, beating and manhandling her while threatening her and using sexual insults. Members of the then ruling Republican Party of Armenia said the response was justified and did not condemn the violence. Law enforcement bodies opened a criminal investigation.

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

Discrimination: Men and women enjoy equal legal status, but discrimination based on gender was a continuing problem in both the public and private sectors. There were reports of discrimination against women with respect to occupation and employment. Women remained underrepresented in leadership positions in all branches and at all levels of government.

The government took no tangible action on a 2015 World Bank study that examined teaching materials and textbooks of high school classes and found the books gave strong preference to men in all forms of representation, including texts and illustrations, while women were less visible or portrayed in stereotypical way.

According to the World Bank 2016 Armenia Country Gender Assessment, the labor market participation gap between men and women was approximately 17 percent. Despite a significant decline in the difference in earnings between men and women, women still earned on average 36 percent less than men. There were few women leaders in the private sector, including in managerial and entrepreneurial positions.

Gender-biased Sex Selection: According to the National Statistical Service, the boy to girl ratio at birth decreased from 114 to 100 in 2014 to 110 to 100 in 2017. The law requires doctors to question women on their motives for seeking an abortion and refuse those driven by gender selection concerns.

Children

Birth Registration: Children derive citizenship from one or both parents. A centralized system generated a medical certificate of birth to make avoidance of birth registration almost impossible. A low percentage of registered births occurred mainly in Yezidi and Kurdish communities practicing homebirths.

Education: Although education is free and compulsory through grade 12, in practice it was not universal. Children from disadvantaged families and communities lacked access to early learning programs, despite government efforts to raise preschool enrollment. According to National Statistics Service, in 2017 nationwide preschool enrolment for children younger than five was 29 percent, but only 17 percent for children in rural communities. Many remote rural communities, especially those with population less than 400, did not have preschools. Enrollment and attendance rates for children from ethnic minority groups, in particular Yezidis, Kurds, and Molokans, were significantly lower than average, and dropout rates after the ninth grade were higher. UNICEF expressed concern about the integration into the local community of an increasing number of refugee children from Syria, Iraq, and Ukraine because of lack of proper support for addressing cultural and linguistic barriers.

According to the Prison Monitoring Group, in the beginning of the year seven juveniles did not have access to education in the Abovyan Penitentiary while they were detained or serving a prison sentence. By December, however, that number had decreased to two.

Child Abuse: According to UNICEF, the lack of official, unified data on violence against children limited the government’s ability to design adequate national responses and preventive measures. There were no official referral procedures for children who were victims of violence, including sexual violence, and referrals were not mandatory for professionals working with children, except for doctors who are required to report any injury of children to police.

The law outlines the roles and responsibilities of police and social services in the early identification and response to violence against children in the family. Although the law went into effect on July 1, the government continued to lack services for victims of domestic violence including women and children.

Early and Forced Marriage: The legal minimum age for marriage is 18. Early marriage of girls was reportedly more frequent within Yezidi communities, but the government took no measures to document the scale or address the practice.

Sexual Exploitation of Children: The law prohibits the sexual exploitation of children and provides for prison sentences of seven to 15 years for violations. Child pornography is punishable by imprisonment for up to seven years. The minimum age for consensual sex is 16.

The UN special rapporteur on the sale of children, child prostitution, and child pornography noted in a February 2016 report that although official statistics showed relatively few cases of sexual exploitation and sale of children, there were numerous undetected and unreported cases caused by gaps in terms of legislation, training, awareness-raising, detection, and reporting.

Institutionalized Children: According to UNICEF and other observers, institutionalized children were at risk of physical and psychological violence by peers and by staff. According to a February 2017 Human Rights Watch report, government policies on deinstitutionalization and inclusive education did not provide rights and benefits to children with disabilities on an equal basis with other children and were discriminatory.

In December 2017 the family code was amended to allow for more family-based alternatives for institutionalized children, such as diversification of foster care and improved provisions on adoption; the amendments entered into force in the middle of the year, resulting in a quadrupling in state funding for foster care. Transformation of residential institutions for children in difficult life circumstances and those without parental care also continued. With the exception of children with disabilities, the number of institutionalized children continued to decrease.

UNICEF expressed concern about inhuman and degrading treatment of persons with disabilities in institutions, including children with intellectual and/or psychosocial disabilities in specialized institutions, as well as neglect and the use of physical restraints as means of treatment and punishment. There was also concern about the inefficiency and inadequacy of the complaints systems and the lack of monitoring of institutions. There were reports on social media that the government’s closure of boarding schools without the timely establishment of proper alternative social care services and provision of basic necessities jeopardized children’s well-being and access to education.

According to the NGO United Methodist Committee on Relief, deinstitutionalized children in the country were more at risk of being involved in forced begging, forced labor, and trafficking and of being subjected to violence at home. The NGO relayed at least one case where a deinstitutionalized child was forced to beg by his stepfather. The NGO Coalition to Stop Violence against Women reported that, after a child was placed with a host family, the government ceased any real oversight over the child and the family.

In one Yezidi-populated village, parents complained of discrimination by school teachers and a principal toward their children. They also alleged that the school principal and teachers (who were not ethnically part of the Yezidi community) failed to provide children with quality, public education and reportedly used ethnic slurs against the Yezidis.

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 at between 500 and 1,000 persons. There were no reports of anti-Semitic acts, although after the “velvet revolution” some anti-Semitic comments appeared in social media smearing government representatives and activists. The government did not respond to these slurs.

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 any disability in employment, education, and access to health care and other state services, but discrimination remained a problem. The law and a special government decree require both new buildings and those under renovation, including schools, to be accessible to persons with disabilities. Very few buildings or other facilities were accessible, even if newly constructed or renovated. Many public buildings, including schools and kindergartens, were inaccessible. This inaccessibility also deterred persons with disabilities from voting, since these buildings often served as polling stations during elections. According to the OSCE/ODIHR election observation report on the December 9 snap parliamentary elections, 71 percent of polling stations observed were not accessible to persons with physical disabilities or reduced mobility.

Although the law on general education provides for a transition from general education to inclusive education for children with disabilities by 2025, and despite the increasing trend towards inclusive education, many children with disabilities remained in segregated educational settings and did not have access to inclusive education. Many NGOs reported schools lacked physical accessibility and accessible learning materials and made limited effort to provide reasonable accommodations for children with disabilities in mainstream schools. In addition, teachers did not receive adequate training on inclusive education.

The Ministry of Labor and Social Affairs is responsible for protecting the rights of persons with disabilities but prior to May failed to carry out this mandate effectively. For example, in September 2017, the government approved a decision to issue vouchers to persons with disabilities to purchase hearing aids and wheelchairs, instead of providing the actual devices. There were reports, however, the vouchers failed to cover the market price of hearing aids and wheelchairs, resulting in financial strain on the persons who needed them.

Persons with all types of disabilities experienced discrimination in every sphere, including access to health care, social and psychological rehabilitation, education, transportation, communication, employment, social protection, cultural events, and use of the internet. Lack of access to information and communications was a particularly significant problem for persons with sensory disabilities. Women with disabilities faced further discrimination, including in social acceptance and access to health and reproductive care, employment, and education, due to their gender.

Hospitals, residential care, and other facilities for persons with more significant disabilities remained substandard.

Disability status determines eligibility for various social benefits. Media reports alleged corruption and arbitrary rulings on the part of the Medical-Social Expertise Commission, a governmental body under the Ministry of Labor and Social Affairs that determines a person’s disability status. In 2016, the National Security Service arrested and charged the head of the commission, Armen Soghoyan, and 16 other officials with soliciting bribes. The trial of the case was ongoing as of year’s end.

By the year’s end, the Investigative Committee opened 92 criminal cases for corrupt practices in the social security (including disability pensions) provision offices. The committee brought charges against 50 persons.

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

Antidiscrimination laws do not extend protections to LGBTI persons on the basis of sexual orientation or gender identity. There were no hate crime laws or other criminal judicial mechanisms to aid in the prosecution of crimes against members of the LGBTI community. Societal discrimination based on sexual orientation and gender identity negatively affected all aspects of life, including employment, housing, family relations, and access to education and health care. Transgender persons were especially vulnerable to physical and psychological abuse and harassment.

During the year the NGO Public Information and Need of Knowledge (PINK Armenia) documented 15 cases of alleged human rights violations against LGBTI persons, but only four victims sought help from the ombudsperson’s office and none from law enforcement bodies. Three cases were sent to court; the fourth one was dropped because the perpetrator committed suicide.

On August 14, police arrested a suspect after several transgender individuals called to report being attacked at a public park. The same day, police released a video of the transgender persons trying to attack the suspect, who was under arrest at the police station, with the narrator indicating that the attackers were guilty of violence against the police. The video included the names and photos of the transgender individuals. Police arrested the two transgender persons in the video. According to the arrestees’ statements, six police officers beat them and held them in handcuffs over a 72-hour period they spent at the police station. Police later released one of the transgender persons. On August 16, the second transgender person was taken to Nubarashen Prison. The prison administration subsequently sent a letter to the prosecutor general’s office stating that, upon admission to prison, the detainee had signs of physical abuse on his body. The detainee was charged with hooliganism (punishable by up to seven years in prison) and violence against authorities (punishable by up to five years in prison). According to SIS, it had launched a criminal case on charges of torture against the police officers who had allegedly beaten the transgender person. The investigation was ongoing at year’s end.

On August 3, while an LGBTI activist was hosting eight friends in his parents’ house in Shurnukh village, a mob of approximately 30 persons attacked them and chased them out of the village, hitting, kicking, and throwing stones at them while yelling insults. Six of the activists were taken to the hospital. The victims reported the attack to police, who opened a criminal case on charges of beating. In December the police dropped the case based on the November Amnesty, although nobody had been charged within the case, although according to PINK Armenia, the names of the perpetrators, allegedly most of the village residents, were known.

On November 6, the European Forum of LGBT Christian Groups and New Generation NGO announced the cancellation of the Forum of LGBT Christians of Eastern Europe and Central Asia to take place in Yerevan November 15-18. The Forum would have brought participants together for networking, discussions, and prayer. After news leaked about the forum, local and Russia-connected bloggers seized on the information to provoke anti-LGBTI sentiment and issue threats of violence and death against the LGBTI community and forum participants. Police officials met with New Generation to discuss security risks facing the organizers and participants. New Generation subsequently cancelled the forum issuing a statement that read in part, “We are deeply distressed and disappointed that political violence, death threats, and vandalism directed at LGBTI people are constituting a genuine threat to the safety of our participants.”

Several international organizations, the Human Rights Defenders Office, and a number of civil society organizations issued statements condemning the violence at Shurnukh. Many more social media posts, however, defended the villagers with messages attacking LGBTI and other minorities. In one Facebook post, Prosperous Armenia parliamentarian Gevorg Petrosyan wrote, “all gays, sectarians, and their defenders should be eradicated from our holy land.”

Openly gay men are exempt from military service. An exemption, however, requires a medical finding based on a psychological examination indicating an individual has a mental disorder; this information appears in the individual’s personal identification documents and is an obstacle to employment and obtaining a driver’s license. Gay men who served in the army reportedly faced physical and psychological abuse as well as blackmail.

HIV and AIDS Social Stigma

According to human rights groups, persons regarded as vulnerable to HIV/AIDS, such as sex workers (including transgender sex workers) and drug users, faced discrimination and violence from society as well as mistreatment by police. According to a June UN Human Rights Council report by the rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, stigma and discrimination in health-care settings were major barriers to accessing treatment and services for people living with HIV/AIDS.

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The constitution prohibits discrimination based on sex, race, skin color, ethnic or social origin, genetic features, language, religion, political opinion, belonging to a national minority, property status, birth, disability, age, or other personal or social circumstances. Other laws and regulations specifically prohibit discrimination in employment and occupation based on gender. The government did not effectively enforce the law. There were no effective legal mechanisms to implement these regulations, and discrimination in employment and occupation occurred based on gender, age, presence of a disability, sexual orientation, HIV/AIDS status, and religion, although there were no official or other statistics to account to the scale of such discrimination. Administrative penalties were not sufficient to deter violations.

Women generally did not enjoy the same professional opportunities or wages as men, and employers often relegated them to more menial or low-paying jobs. While providing for the “legal equality” of all parties in a workplace relationship, the labor code does not explicitly require equal pay for equal work. According to World Bank data released in 2016, more than one-half of women with intermediary education and one-third of women with advanced education did not participate in paid work. According to the 2017 World Bank study, Leveling the STEM Playing Field for Women, “cultural stereotypes about the work women should engage in and their responsibilities at home present the strongest barrier to equality between women and men” in the country. Women also represented a larger share of the registered unemployed, and it took them a longer time to find work. According to a gender gap study by the UN Population Fund, Diagnostic Study of Discrimination against Women, released in 2016, the gap between average salaries of men and women in all economic spheres was almost 36 percent.

Many employers reportedly practiced age and gender discrimination, most commonly requiring job applicants to be of a specific gender, age, and appearance. Such discrimination appeared to be widespread, but there were no reliable surveys, and authorities did not take any action to mitigate it. Vacancy announcements specifying young and attractive women for various jobs were common. Unemployed workers, particularly women, who were older than 40 had little chance of finding jobs appropriate to their education or skills. LGBTI persons, persons with disabilities, as well as pregnant women also faced discrimination in employment. Religious minorities faced discrimination in public employment.

Australia

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. The laws of individual states and territories provide the penalties for rape. Maximum penalties range from 12 years’ to life imprisonment, depending on the jurisdiction and aggravating factors.

The law prohibits violence against women, including domestic abuse, and the government enforced the law. Violence against women remained a problem, particularly in indigenous communities.

Females were more likely than males to be victims of domestic violence, including homicide, across all states and territories. Federal and state government programs provide support for victims, including funding for numerous women’s shelters. Police received training in responding to domestic violence. Federal, state, and territorial governments collaborated on the National Plan to Reduce Violence against Women and their Children 2010-22, the first effort to coordinate action at all levels of government to reduce violence against women. The Third Action Plan 2016-19 of the National Plan set 36 practical actions in six priority areas.

Female Genital Mutilation/Cutting (FGM/C): Reporting on FGM/C was limited, and it was believed to be infrequent. The law prohibits FGM/C for all women and girls, regardless of age, in all states and territories. The law applies extraterritoriality to protect citizens or residents from being subjected to FGM/C overseas. Penalties vary greatly across states and territories, ranging from seven to 21 years’ imprisonment. A NGO-produced 2018 statistical report highlighted a drastic increase of likely survivors and at risk women and girls for FGM/C over a five-year period. The report noted this was primarily due to increased migration from countries previously identified as FGM/C practicing.

Sexual Harassment: The law prohibits sexual harassment. Complaints of sexual harassment can lead to criminal proceedings or disciplinary action against the defendant and compensation claims by the plaintiff. The HRC receives complaints of sexual harassment as well as sex discrimination. The penalties vary across states and territories.

An independent review of the Victoria Police Department released in 2015 found workplace sexual harassment to be an endemic problem despite more than 30 years of legislation prohibiting sex-based harassment and discrimination. The review found evidence of chronic underreporting with victims afraid of negative professional and personal consequences resulting from making a complaint.

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, including under laws related to family, religion, personal status, labor, property, nationality, and inheritance, as well as employment, credit, pay, owning or managing businesses, education, and housing. The government enforced the law effectively.

Employment discrimination against women occurred, and there was a much-publicized “gender pay gap” (see section 7.d.).

Children

Birth Registration: Children are citizens if at least one parent is a citizen or permanent resident at the time of the child’s birth. Children born in the country to parents who are not citizens or permanent residents acquire citizenship on their 10th birthday, if they lived the majority of their life within the country. Failure to register does not result in denial of public services. In general, births were registered promptly.

Child Abuse: State and territorial child protection agencies investigate and initiate prosecutions of persons for child neglect or abuse. All states and territories have laws or guidelines that require members of certain designated professions to report suspected child abuse or neglect. The federal government’s role in the prevention of child abuse includes funding for research, carrying out education campaigns, developing action plans against commercial exploitation of children, and funding community-based parenting programs.

In December 2017 the Royal Commission into Institutional Responses to Child Sexual Abuse released its final recommendations on what institutions and governments should do to address child sexual abuse and ensure justice for victims.

The rate of indigenous children on care and protection orders was nearly seven times greater than the nonindigenous rate.

In July a court sentenced Archbishop Philip Wilson to one year in detention for failing to report to police the repeated abuse of two altar boys by pedophile priests.

Early and Forced Marriage: The legal minimum age of marriage is 18 for both boys and girls. A person from ages 16 and 18 may apply to a judge or magistrate for an order authorizing marriage to a person who has attained 18 years; the marriage of the minor also requires parental or guardian consent. Two persons younger than age 18 may not marry each other; reports of marriages involving a person younger than age 18 were rare. The government reported an increase in the number of forced marriage investigations, but the practice remained rare.

Sexual Exploitation of Children: The law provides for a maximum penalty of 25 years’ imprisonment for commercial sexual exploitation of children, and the law was effectively enforced. There were documented cases of children younger than age 18 exploited in sex trafficking.

The law prohibits citizens and residents from engaging in, facilitating, or benefiting from sexual activity with children overseas who are younger than age 16 and provides for a maximum sentence of 17 years’ imprisonment for violations. The government continued its awareness campaign to deter child sex tourism through distribution of pamphlets to citizens and residents traveling overseas.

The legal age for consensual sex ranges from ages 16 to 18 by state. Penalties for statutory rape vary across jurisdictions. Defenses include reasonable grounds for believing the alleged victim was older than the legal age of consent and situations in which the two persons are close in age.

All states and territories criminalize the possession, production, and distribution of child pornography. Maximum penalties for these offenses range from four to 21 years’ imprisonment. Federal laws criminalize using a “carriage service” (for example, the internet) for the purpose of possessing, producing, and supplying child pornography. The maximum penalty for these offenses is 10 years’ imprisonment, a fine of A$275,000 ($197,000), or both. Under federal law, suspected pedophiles can be tried in the country regardless of where the crime was committed.

The government largely continued federal emergency intervention measures to combat child sexual abuse in aboriginal communities in the Northern Territory. These measures included emergency bans on sales of alcohol and pornography, restrictions on the payment of welfare benefits in cash, linkage of support payments to school attendance, and medical examinations for all indigenous children younger than age 16 in the Northern Territory.

While public reaction to the interventions remained generally positive, some aboriginal activists asserted there was inadequate consultation and that the measures were racially discriminatory, since nonindigenous persons in the Northern Territory were not initially subject to such restrictions.

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

Anti-Semitism

According to the 2016 census, the country’s Jewish community numbered 91,000. During the 12-month period ending on September 30, 2017, the nongovernmental Executive Council of Australian Jewry reported 230 anti-Semitic incidents. These incidents included vandalism, threats, harassment, and physical and verbal assaults. In June media reported widespread anti-Semitic actions and statements at St. Mark’s College in Adelaide and Charles Sturt University in Wagga Wagga, New South Wales. A group of residents in South Kalgoorlie, Western Australia, flew a homemade Nazi flag and cut a swastika inside a map of Australia into one home’s lawn during Australia Day celebrations. Stickers belonging to an Australian neo-Nazi organization were put up around Canberra in April. In August Senator Anning Fraser in his first speech to the Senate referred to a “final solution to our immigration problem,” which was widely criticized as anti-Semitic.

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 government effectively enforced the law.

The disability discrimination commissioner of the HRC promotes compliance with federal and state laws that prohibit discrimination against persons with disabilities. The law also provides for HRC mediation of discrimination complaints, authorizes fines against violators, and awards damages to victims of discrimination.

Schools are required to comply with the Disability Discrimination Act, and children with disabilities generally attended school. The government provided funding for early intervention and treatment services and cooperated with state and territorial governments that ran programs to assist students with disabilities.

According to the Australian Bureau of Statistics, only 53 percent of Australians with a disability are employed, compared with 83 percent of all working-age people.

National/Racial/Ethnic Minorities

Of complaints received by the HRC under the Racial Discrimination Act during 2016-17, 34 percent alleged “racial hatred,” 26 percent involved employment, and 20 percent involved provision of goods and services. Of the remaining 20 percent, 2 percent involved education, 1 percent involved housing, 1 percent involved “access to places,” and 16 percent were listed as “other.”

Indigenous People

Aboriginals and Torres Strait Islanders constitute the country’s indigenous population. Despite federal and state government initiatives, indigenous people and communities continued to have high incarceration rates, high unemployment rates, relatively low levels of education, and high incidences of domestic and family violence, substance abuse, and limited access to health services in comparison with other groups. The Ministry for Indigenous Affairs has responsibility for policy and programs related to indigenous peoples and communities. The prime minister reports annually to parliament regarding government progress on eliminating indigenous inequalities.

Indigenous groups hold special collective native title rights in limited areas of the country and federal and state laws enable indigenous groups to claim unused government land. Indigenous ownership of land was predominantly in nonurban areas. Indigenous-owned or -controlled land constituted approximately 20 percent of the country’s area (excluding native title lands) and nearly 50 percent of the land in the Northern Territory. The National Native Title Tribunal resolves conflicts over native land title applications through mediation and acts as an arbitrator in cases where the parties cannot reach agreement about proposed mining or other development of land. Native title rights do not extend to mineral or petroleum resources and, in cases where leaseholder rights and native title rights are in conflict, leaseholder rights prevail but do not extinguish native title rights.

As part of the intervention to address child sexual abuse in Northern Territory indigenous communities (see section 6, Children), the Indigenous Advancement Strategy allowed the government to administer directly indigenous communities. The strategy and a number of other programs provide funding for indigenous communities.

According to the Australia Bureau of Statistics (ABS), while indigenous people make up less than 3 percent of the total population, they constituted 27 percent of the full-time adult prison population. Nearly half of the imprisoned indigenous persons were serving sentences for violent offenses. Indigenous youth made up 64 percent of Queensland’s juvenile detainees, despite accounting for just 8 percent of the state’s population between the ages 10 and 17. An Australian Law Reform Commission study released in March found that the Australian justice system contributed to entrenching inequalities by not providing enough sentencing options /or diversion programs for indigenous offenders.

The ABS reported in 2016 that indigenous individuals experienced disproportionately high levels of domestic violence, with hospitalization for family-related assault 28 times more likely for indigenous men and 34 times more likely for indigenous women than the rest of the country’s population.

The HRC has an Aboriginal and Torres Strait Islander social justice commissioner.

According to a December 2017 Office of the UN High Commissioner for Human Rights report, although the government adopted numerous policies to address the socioeconomic disadvantages of indigenous peoples, it still failed to respect their rights to self-determination and full and effective participation in society.

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

There are no laws criminalizing consensual same-sex sexual conduct between adults. Discrimination based on sexual orientation and gender identity is prohibited by law in a wide range of areas, including employment, housing, family law, taxes, child support, immigration, pensions, care of elderly persons, and social security.

The law provides protections against discrimination based on sexual orientation, gender identity, and sex characteristics.

During 2016-17, the HRC received 40 complaints of discrimination based on sexual orientation, 39 based on gender identity, and seven based on sex characteristics.

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

Federal, state, and territory laws provide for protections against employment discrimination. The HRC reviews complaints of discrimination on the ground of HIV/AIDS status under the category of disability-related complaints.

The law requires organizations with 100 or more employees to establish a workplace program to remove barriers to women entering and advancing in their organization. The law requires equal pay for equal work. The government continued efforts to encourage persons under the Disability Support Pension (DSP) program to enter the workforce when they have the capacity to do so, including by requiring compulsory workforce activities for DSP recipients younger than age 35 who can work for more than eight hours per week.

The government enforced laws prohibiting employment discrimination; however, employment discrimination against women, indigenous persons, and persons with disabilities occurred. According to the government’s Workplace Gender Equality Agency, the full-time gender pay gap was 15.3 percent. The International Labor Organization noted its concern that, despite several government initiatives, indigenous peoples continued to be disadvantaged and that employment targets were not met.

Persons with disabilities also faced employment discrimination. In 2016-17, the latest year for which such data were available, approximately 33 percent of the complaints about disability discrimination received by the HRC were in the area of employment and 34 percent in the area of goods, services and facilities.

Austria

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

Women

Rape and Domestic Violence: Rape of women or men, including spousal rape, is punishable by up to 15 years’ imprisonment. The government generally enforced the law. Law enforcement response to rape and domestic violence was effective. Police referred victims of domestic violence to special shelters and imposed orders barring abusive family members from contact with the victims.

Domestic violence is punishable under the criminal code provisions for murder, rape, sexual abuse, and bodily injury. Police can issue, and courts may extend, an order barring abusive family members from contact with survivors.

Under the law, the government provided psychosocial care in addition to legal aid and support throughout the judicial process to survivors of gender-based violence. Police training programs addressed sexual or gender-based violence and domestic abuse. The government funded privately operated intervention centers and hotlines for victims of domestic abuse.

Sexual Harassment: The law prohibits sexual harassment, and the government generally enforced the law. Labor courts may order employers to compensate victims of sexual harassment; the law entitles a victim to a minimum of 1,000 euros ($1,150) in compensation. The Women’s Ministry and the labor chamber regularly provided information to the public on how to address sexual harassment.

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

Discrimination: Women enjoy the same legal rights as men, but they were subject to some discrimination in remuneration and representation in certain occupations.

Children

Birth Registration: By law children derive citizenship from one or both parents. Officials register births immediately.

Child Abuse: Child abuse is punishable by up to five years’ imprisonment, which may be extended to 10 years. Severe sexual abuse or rape of a minor is punishable by up to 20 years’ imprisonment, which may be increased to life imprisonment if the victim dies because of the abuse.

The government continued its efforts to monitor child abuse and prosecute offenders. Officials noted a growing readiness to report cases of such abuse.

Early and Forced Marriage: The minimum legal age for marriage is 18. Adolescents between the ages of 16 and 18 may legally contract a marriage by special permit and parental consent or court action. NGOs estimated there were approximately 200 cases of early marriage annually, primarily in the Muslim and Romani communities.

Sexual Exploitation of Children: The law provides up to 15 years’ imprisonment for an adult convicted of sexual intercourse with a child under the age of 14, the minimum age for consensual sex for both girls and boys. It is a crime to possess, trade, or privately view child pornography. Possession of or trading in child pornography is punishable by up to 10 years’ imprisonment. The government effectively enforced these laws.

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 figures compiled by the Austrian Jewish Community (IKG), there were between 12,000 and 15,000 Jews in the country, of whom an estimated 8,000 were members of the IKG.

The IKG expressed concern that anti-Semitism remained at a “high but stable” level. The NGO Forum against Anti-Semitism reported 503 anti-Semitic incidents during 2017. These included five physical assaults in addition to name-calling, graffiti and defacement, threatening letters, dissemination of anti-Semitic texts, property damage, and vilifying letters and telephone calls. Of the reported incidents, five concerned physical assaults, 28 threats and insults, 203 letters and calls, 51 vandalism, and 171 involved anti-Semitic internet postings. The government provided police protection to the IKG’s offices and other Jewish community institutions in the country, such as schools and museums. The IKG noted that anti-Semitic incidents typically involved neo-Nazi and other related right-wing extremist perpetrators.

Oskar Deutsch, president of Vienna’s principal Jewish community organization, criticized the Freedom Party (FPOe)’s failure to deal with anti-Semitism in the party. The antiextremist watchdog NGO Austrian Mauthausen Committee listed a number of cases of extreme rightwing/neo Nazi incidents linked to lower-level FPOe officials. In January Udo Landbauer, the front-runner for the FPOe in state elections in Lower Austria, resigned following revelations of anti-Semitic and racist lyrics in a 1997 songbook of the controversial rightwing fraternity Germania, of which Landbauer was a leading member. In August the prosecutor’s office in the Lower Austrian town of Wiener Neustadt closed its investigation of the case due to the statute of limitations.

School curricula included discussion of the Holocaust, the tenets of different religious groups, and advocacy of religious tolerance. The Education Ministry offered special teacher training seminars on Holocaust education and conducted training projects with the Anti-Defamation League.

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 government did not always effectively enforce these provisions. Employment discrimination against persons with disabilities occurred.

While federal law mandates access to public buildings for persons with physical disabilities, NGOs complained many public buildings lacked such access. The Ministry of Labor, Social Affairs, and Consumer Protection handled disability-related problems. The government funded a wide range of programs for persons with disabilities, including transportation and other assistance to help integrate schoolchildren with disabilities into mainstream classes and employees with disabilities into the workplace.

National/Racial/Ethnic Minorities

In 2017 the Ministry of Interior published statistics citing approximately 1,100 neo-Nazi extremist, racist, Islamophobic, or anti-Semitic incidents, a 19 percent decrease from 2016, when 1,313 such incidents were reported.

An NGO operating a hotline for victims of racist incidents reported receiving approximately 1,200 complaints in 2017. It reported that racist internet postings comprised 44 percent of cases and were mostly directed against Muslims and migrants.

The Islamic Faith Community’s documentation center, established for tracking anti-Muslim incidents, reported receiving 309 complaints in 2017, up from 253 the previous year.

Human rights groups continued to report that Roma faced discrimination in employment and housing. Government programs, including financing for tutors, helped school-age Romani children move out of “special needs” programs and into mainstream classes. NGOs reported that Africans living in the country were verbally harassed or subjected to violence in public.

The Labor and Integration Ministries continued providing German-language instruction and skilled-labor training to young persons with immigrant backgrounds. Compulsory preschool programs, including some one- and two-year pilot programs, sought to remedy language deficiencies for non-native German speakers.

The government continued training programs to combat racism and educate police in cultural sensitivity. The Interior Ministry renewed an annual agreement with a Jewish group to teach police officers cultural sensitivity, religious tolerance, and the acceptance of minorities.

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

Antidiscrimination laws apply to lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons. There was some societal prejudice against LGBTI persons but no reports of violence or discrimination based on sexual orientation or gender identity. LGBTI organizations generally operated freely. Civil society groups criticized the lack of a mechanism to prevent service providers from discriminating against LGBTI individuals.

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations related to employment or occupation prohibit discrimination regarding race, sex, gender, disability, language, sexual orientation or gender identity, HIV-positive (or other communicable disease) status, religion, age, or world view. The government effectively enforced these laws and regulations.

Discrimination in employment and occupation occurred with respect to women, persons with disabilities, and members of certain minorities. A Muslim community office focused on documenting anti-Islamic acts reported discriminatory hiring practices against Muslim women wearing headscarves when trying to obtain a retail or customer service position. Companies sometimes preferred to pay a fine rather than hire a person with a disability.

The law requires equal pay for equal work, but women occasionally experienced discrimination in remuneration.

Female employees in the private sector may invoke laws prohibiting discrimination against women. Depending on the Federal Equality Commission’s findings, labor courts may award the equivalent of up to four months’ salary to women found to have experienced gender discrimination in promotion, despite being better qualified than their competitors. The courts may also order compensation for women denied a post despite having equal qualifications.

Azerbaijan

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

Women

Rape and Domestic Violence: Rape is illegal and carries a maximum sentence of 15 years in prison. Spousal rape is also illegal, but observers stated police did not effectively investigate such claims.

The law establishes a framework for the investigation of domestic violence complaints, defines a process to issue restraining orders, and calls for the establishment of a shelter and rehabilitation center for survivors. Some critics of the domestic violence law asserted that a lack of clear implementing guidelines reduced its effectiveness. Activists reported that as a result, police continued to view domestic violence as a family issue and did not effectively intervene to protect victims.

The State Committee for Family, Women, and Children Affairs (SCFWCA) continued their activities against domestic violence by conducting public awareness campaigns and working to improve the socioeconomic situation of domestic violence survivors. For example, during the year the SCFWCA organized an awareness campaign against domestic violence as part of a “16 Days against Gender Based Violence” campaign. Activities included the placement of advertising on billboards and public transportation, handing out pamphlets in urban centers, and holding conference with stakeholders to discuss the problem.

The government provided limited protection to women who were victims of assault. The government and an independent NGO each ran a shelter providing assistance and counseling to victims of trafficking and domestic violence.

Sexual Harassment: The government rarely enforced the prohibition of sexual harassment. The SCFWCA worked extensively to organize events that raised awareness of sexual harassment and domestic violence. For example, on August 6 and 7, the SCFWCA organized a workshop on combatting domestic violence in Goychay.

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

Discrimination: Although women nominally enjoyed the same legal rights as men, societal and employment-based discrimination was a problem. According to the State Statistical Committee, there was discrimination against women in employment, including wide disparities in pay and higher rates of unemployment.

Gender-biased Sex Selection: The gender ratio of children born in the country during the year was 114 boys for 100 girls, according to the SCFWCA. Local experts reported gender-biased sex selection was widespread, predominantly in rural regions. The SCFWCA conducted seminars and public media campaigns to raise awareness of the problem.

Children

Birth Registration: Children derive citizenship by birth within the country or from their parents. Registration at birth was routine for births in hospitals or clinics. Some children born at home were not registered.

Education: While education was compulsory, free, and universal until the age of 17, large families in impoverished rural areas sometimes placed a higher priority on the education of boys and kept girls in the home to work. Social workers stated that some poor families forced their children to work or beg rather than attend school.

Child Abuse: While there are penalties for sexual violence against children and child labor, the law does assign punishment for domestic and other violence specifically against children. To address the problem of child abuse, the SCFWCA organized multiple events. Between May and August, the State Committee held meetings with public servants on combatting gender discrimination and child abuse in Sheki, Shamakhi, Gakh, Goygol, Shamkir, Gadabay, Lankaran, Jalilabad, and Lerik.

Early and Forced Marriage: According to UNICEF’s 2016 State of the World’s Children report, 11 percent of girls in the country were married before their 18th birthday. The law provides that a girl may marry at the age of 18 or at 17 with local authorities’ permission. The law further states a boy may marry at the age of 18. The Caucasus Muslim Board defines 18 as the minimum age for marriage as dictated by Islam. In August activists reported the rape of a 14-year-old girl in Lerik and her family’s subsequent plans to marry her to the rapist. According to media reports, authorities did not investigate the case.

The law establishes fines of 3,000 to 4,000 manat ($1,750 to $2,340) or imprisonment for up to four years for conviction of the crime of forced marriage with an underage child. Girls who married under the terms of religious marriage contracts were of particular concern, since these were not subject to government oversight and do not entitle the wife to recognition of her status in case of divorce.

Sexual Exploitation of Children: Recruitment of minors for prostitution (involving a minor in immoral acts) is punishable by up to eight years in prison. The law prohibits pornography; its production, distribution, or advertisement is punishable by three years’ imprisonment. Statutory rape is punishable by up to three years’ imprisonment. The minimum age for consensual sex is 16.

Displaced Children: In past years a large number of internally displaced children lived in substandard conditions and, in some cases, were unable to attend school. Significant government investment in IDP communities has largely alleviated these problems. Some civil society representatives working with street children reported boys and girls at times engaged in prostitution and street begging.

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 community was estimated to be between 20,000 and 30,000 individuals. 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, but the government did not enforce these provisions effectively.

A common belief persisted that children with disabilities were ill and needed to be separated from other children and institutionalized. A local NGO reported there were approximately 60,000 children with disabilities in the country, of whom 6,000 to 10,000 had access to specialized educational facilities while the rest were educated at home or not at all. The Ministries of Education and Labor and Social Protection of the Population continued efforts to increase the inclusion of children with disabilities into regular classrooms, particularly at the primary education level. No laws mandate access to public or other buildings, information, or communications for persons with disabilities, and most buildings were not accessible. Conditions in facilities for persons with mental and other disabilities varied. Qualified staff, equipment, and supplies at times were lacking.

During the year the government funded construction projects to make large sections of downtown Baku’s sidewalks wheelchair accessible. As a result persons with disabilities affecting mobility were better able to navigate the city.

National/Racial/Ethnic Minorities

Individuals with Armenian-sounding names were often subjected to additional screening at border crossings and were occasionally denied entrance to the country. Civil society activists stated an entire generation had grown up listening to hate speech against Armenians. Some groups, including Talysh in the south and Lezghi in the north, reported the government did not provide official textbooks in their local native languages.

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

Antidiscrimination laws exist but do not specifically cover LGBTI individuals.

In September 2017 police conducted raids on the LGBTI community, arresting and detaining more than 83 men presumed to be gay or bisexual as well as transgender women. Media and human rights lawyers reported that police beat detainees and subjected them to electric shocks to obtain bribes and information about other gay men. Detainees were released after being sentenced to up to 30 day of administrative detention and/or fined up to 200 manat ($117). During the year some victims of the raids filed cases against state in the ECHR, which remained pending at year’s end.

A local NGO reported there were numerous incidents of police brutality against individuals based on sexual orientation and noted that authorities did not investigate or punish those responsible. Men who acknowledged or were suspected of being gay during medical examinations for conscription were subjected to rectal examinations and often found unqualified for military service on the grounds that they were mentally ill. There were also reports of family based violence against LGBTI individuals, hate speech against LGBTI persons, and hostile Facebook postings on personal online accounts.

Activists reported that LGBTI individuals were regularly fired by employers if their sexual orientation/gender identity became known.

LGBTI individuals generally refused to file formal complaints of discrimination or mistreatment with law enforcement bodies due to fear of social stigma or retaliation. Activists reported police indifference to investigating crimes committed against LGBTI individuals.

HIV and AIDS Social Stigma

Civil society representatives reported discriminatory attitudes towards persons with HIV and AIDS were prevalent throughout society. The government continued to fund an NGO that worked on health issues affecting the LGBTI community.

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation, but the government did not always enforce the law effectively. Penalties for discrimination in employment existed under various articles and laws, were patchwork in nature, and did not effectively deter discrimination in all its forms. The law excludes women from certain occupations with inherently dangerous conditions, such as working underground in mines.

Employers generally hesitated to hire persons with disabilities, and workplace access was limited. Discrimination in employment and occupation also occurred with respect to sexual orientation. LGBTI individuals reported employers found other reasons to dismiss them because they could not legally dismiss someone because of their sexual orientation. Women were underrepresented in high-level jobs, including top business positions. Traditional practices limited women’s access to economic opportunities in rural areas. According to the State Statistics Committee of Azerbaijan, in 2017 the average monthly salary for women was 335.7 manat ($197), while the average monthly salary for men was 663.1 manat ($390).

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