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China (Includes Hong Kong, Macau, and Tibet)

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

Women

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Children

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

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

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

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

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

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

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

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

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

Institutionalized Children: See “Displaced Children” section above.

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

Anti-Semitism

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

Trafficking in Persons

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

Persons with Disabilities

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

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

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

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

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

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

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

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

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

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

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

HIV and AIDS Social Stigma

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

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

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

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

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

Promotion of Acts of Discrimination

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

Cuba

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

Women

Rape and Domestic Violence: The law criminalizes rape of women, including spousal rape, and separately criminalizes “lascivious abuse” against both genders. The government enforced both laws. Penalties for rape are at least four years’ imprisonment. Several reports from women’s rights advocacy groups, however, suggested that crimes against women were underreported and that the state failed to investigate many cases. The government recognized the high rate of femicide for the first time in a report released in 2019, but as of October officials had not responded to requests from human rights activists for a comprehensive law against gender-based violence, despite increasing reports of femicide during the pandemic. The online platform Yo Si Te Creo (I do believe you) documented at least 32 victims of femicide, including 29 Cuban women, two Canadian women, and three minors. Official media sources failed to report any of these killings.

The government specifically targeted activists organizing a campaign called the Red Femenina de Cuba (Cuban Women’s Network) that asked the state to update information on crimes against women, train officials to handle crimes against women, and define gender-based violence in the law. Police also targeted for harassment small groups of women assembling to discuss women’s rights and gender matters more broadly. The government opposed any non-state-sponsored programs that focused on gender violence.

Security officials often refused to take serious action on cases of sexual violence, including several cases where security officials were themselves implicated. In September several soldiers were caught raping a 13-year-old girl. Three men were arrested, but other suspects fled, and those who were arrested were freed the next day. The mother of the victim told the Red Femenina she went to police to protest and was told that police did not have resources to investigate the case and that trials were paused due to COVID-19 anyway. She said the officer warned her that bringing further attention to the case in the independent press or on social networks would be “counterrevolutionary” and could result in her arrest.

The law prohibits all threats and violence but does not recognize domestic violence as a distinct category of violence. Penalties for violence range from fines to prison sentences of varying lengths, depending on the severity of the offense.

Sexual Harassment: The law provides penalties for sexual harassment, with potential prison sentences of three months to five years. The government did not release any statistics on arrests, prosecutions, or convictions for offenses related to sexual harassment during the year.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children. It is not clear whether individuals have the right to manage their reproductive health, or whether they had access to the information and means to do so free from discrimination, coercion, or violence. Many women, especially poor and young mothers, were required to spend their pregnancies in a state-run maternity home and could be involuntarily committed there if they were deemed noncompliant with a physician’s advice. These establishments provided steady nutrition and access to medical care; however, they could deprive expecting mothers of the support of their partners, families, and communities. (See Coercion in Population Control subsection.)

No legal, social, or cultural barriers affected access to contraception. The government, however, was the sole legal importer of all goods, which resulted in constant acute shortages of contraceptive products–particularly condoms. Nearly all births were attended by a skilled health worker, whom the law requires be employed by the state. It is illegal for private citizens–no matter their qualifications–to provide health attendance during pregnancy and childbirth.

By law the government provides access to sexual, psychosocial, and reproductive health services for survivors of sexual violence; in practice, however, the health care provided by the state was insufficient to meet survivors’ needs.

Coercion in Population Control: There were some reports of abortions performed by government health authorities without clear consent from the mother. For example, doctors were documented as having performed abortions or pressured mothers into having an abortion when ultrasound scans revealed fetal abnormalities because “otherwise it might raise the infant mortality rate.” Health authorities used abortions to improve infant mortality statistics artificially by preventing marginally riskier births in order to meet centrally fixed targets.

Discrimination: The law accords women and men equal rights, the same legal status, and the same responsibilities with regard to marriage, divorce, parental duties, home maintenance, and employment. No information was available on whether the government enforced the law effectively.

Children

Birth Registration: Citizenship is normally derived by birth within the country’s territory, and births were generally registered promptly.

Child, Early, and Forced Marriage: The legal minimum age of consent for marriage is 18. Marriage for girls age 14 or older and for boys 16 or older is permitted with parental consent. According to UNICEF, 26 percent of girls were married before 18, with higher prevalence in the provinces of Oriente and Centro.

Sexual Exploitation of Children: Prostitution is legal for individuals age 16 and older. There is no statutory rape law, although penalties for rape increase as the age of the victim decreases.

The law imposes seven to 15 years’ imprisonment for pornographic acts involving minors younger than 16. The punishment may increase to 20 to 30 years or death under aggravating circumstances. The law does not criminalize the possession of pornography, but it punishes the production or circulation of any kind of obscene graphic material with three months’ to one year’s imprisonment and a fine. The offer, provision, or sale of obscene or pornographic material to minors younger than 16 is punishable by two to five years in prison.

Child trafficking across international borders is punishable by seven to 15 years’ imprisonment.

The law does not establish an age of consent, but sexual relations with children younger than 16 may be prosecuted if there is a determination of rape. In such cases the law leaves room for consideration of possible consent and the age of the other person, especially if the other person is also a minor. Penalties vary based on the age of the victim, ranging from four to 10 years’ imprisonment if the victim is age 14 or 15, up to 15 to 30 years’ imprisonment or death if the victim is younger than 12.

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/reported-cases.html.

Anti-Semitism

There were between 1,000 and 1,500 members of the Jewish community. There were several reports of anti-Semitic acts.

In December 2019 local officials ruled against a Jewish family in Nuevitas, Camaguey, who had fought to exercise their children’s right to wear religious headgear (a kippah) in school. The children’s father, Olaine Tejada, said that Mary Vidal, a local state prosecutor, forced him to sign a legal document acknowledging that if his children came to school wearing a kippah on January 6, he and his wife, Yeliney Lescaille, would be arrested and charged with “acts against the normal development of a minor,” with a potential one-year prison sentence. This followed a long history of the children being threatened with expulsion and bullied by schoolmates because of their faith. Tejada said the family would appeal to higher authorities to reinstate their rights. No further developments were reported during the year.

Trafficking in Persons

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

Persons with Disabilities

No law prohibits discrimination against persons with disabilities. The Ministry of Labor and Social Security oversees the Employment Program for Persons with Disabilities. The law recommends that buildings, communication facilities, air travel, and other transportation services accommodate persons with disabilities, but these facilities and services were rarely accessible to such persons.

A large number of persons with disabilities who depended on the state for their basic needs struggled to survive due to inattention and a lack of resources. Some persons with disabilities who opposed the government were denied membership in official organizations for persons with disabilities, such as the National Association for the Blind. As a result they were denied benefits and services, which included 400 minutes of telephone usage, training in the use of a white cane and in braille, and reduced fares on public transportation.

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

The law prohibits discrimination based on sexual orientation in employment, housing, citizenship, education, and health care but does not extend the same protections to transgender or intersex individuals based on gender identity or gender expression.

The government did not recognize domestic human rights groups or permit them to function legally. Several unrecognized NGOs that promoted LGBTI human rights faced government harassment, not for their promotion of such topics, but for their independence from official government institutions.

Despite a history of state-sanctioned events in support of the LGBTI community, the state-funded National Center for Sex Education was muted in its support for the LGBTI community after canceling its annual conga (gay pride march) against homophobia in 2019. Ariel Ruiz Urquiola, a biologist and activist for environmental justice and LGBTI rights, alleged the government deliberately infected him with HIV while he was detained after a peaceful protest for gay rights in the wake of 2019’s cancelled pride march. He maintained that he always practiced safe sex and asserted that the government knowingly injected him with HIV when he was hospitalized during a hunger strike to discredit him because of the social stigma of HIV in the country.

HIV and AIDS Social Stigma

The government operated four prisons exclusively for inmates with HIV or AIDS; some inmates were serving sentences for “propagating an epidemic.” Hospitals and clinics sometimes discriminated against patients with HIV.

Special diets and medications for patients with HIV were routinely unavailable, sometimes resulting in the patients’ deaths from neglect.

Political prisoner Maikel Herrera Bones, a person with HIV who was a member of UNPACU, said prison officials withheld HIV treatment from him to pressure him into silence. Herrera Bones was arrested on April 16 after arguing with a plainclothes police officer about blackouts in his Havana neighborhood. Accused of simple assault, Herrera Bones said he had not been tried in court by year’s end.

Ecuador

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

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal and intimate partner rape and domestic violence. The government enforced the law, although victims were sometimes reluctant to report these crimes. Rape is punishable with penalties of up to 22 years in prison. The law includes spousal rape under crimes against sexual and reproductive integrity. The penalty for rape where death occurred is 22 to 26 years’ imprisonment. Domestic violence is punishable with penalties ranging from four days to seven years in prison and a substantial fine for “damages, pain, and suffering,” depending on the severity of the crime. Penalties for physical, psychological, and sexual violence were enforced.

The law provides reparation to victims of gender-based violence, while also advocating for the re-education of aggressors. The law defines rape, including spousal rape or incest, forced prostitution, sexual harassment, and other analogous practices, as forms of sexual violence. It also entitles victims to immediate protective measures designed to prevent or cease violence, such as police surveillance, placement in shelters, and awareness programs for the victim and family. These restorative measures were generally enforced.

According to human rights organizations, victims were generally reluctant to press domestic violence charges, and the court system was insufficiently staffed to deal with the caseload. The COVID-19 national quarantine additionally left victims stranded with their perpetrator 24 hours a day and unable to call support hotlines or leave their homes to file formal complaints. On April 12, Human Rights Secretary Cecilia Chacon stated that sex crime-related complaints received by the Public Prosecutor’s Office decreased from 300 per week before the pandemic to just 60 per week since. Human rights organizations and NGOs said the lower number of calls and complaints was a sign that victims were not reporting gender-based violence incidents.

Due to a drop in the number of complaints filed in person with judicial authorities, the government expanded online legal services available to victims in April. Nevertheless, barriers such as digital illiteracy, internet unavailability in rural areas, and lack of general familiarization with these technological resources limited the ability of victims to obtain help.

Judges lacked specialized training for dealing with gender-based violence. Rights organizations also reported local protection-board officials at times discouraged victims from reporting their aggressors.

According to local experts, reporting rapes and other forms of violence continued to be a traumatic process, particularly for female minors. For example, a rape victim must file a complaint at the Public Prosecutor’s Office and submit to gynecological evaluations akin to rape kits administered by medical experts. Many individuals did not report cases of rape and sexual assault due to fear of retribution from the perpetrator or social stigma.

Sexual Harassment: The law criminalizes sexual harassment and provides for penalties of one to five years in prison. The law defines sexual harassment and other analogous practices as forms of sexual violence and mandates that judges prohibit contact between the aggressor and the victim to prevent revictimization and intimidation, and the law was typically enforced. Despite the legal prohibition of sexual harassment and government implementation of the law, women’s rights organizations described a tendency not to report alleged harassment, while harassment remained common in public spaces.

Reproductive Rights: By law couples and individuals have the right to decide the number, spacing, and timing of their children, and have the information and means to do so, free from discrimination, coercion, or violence. Nevertheless, some women’s rights activists complained that a lack of comprehensive sex education limited individuals’ ability to manage their reproductive health and that ineffective distribution of birth control reduced access to contraception. Additionally, the Roman Catholic Church’s stance against contraceptive use and social stigma discouraged women from seeking family planning services.

A 2019 study found income status affected equity in sexual and reproductive health access and outcomes, with low income and rural individuals having significantly less access.

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

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

Discrimination: The constitution affords women the same legal status and rights as men. Nevertheless, discrimination against women was prevalent, particularly with respect to economic opportunities for older women and for those in the lower economic strata. Some businesswomen alleged financial institutions would sometimes require a female client to obtain a husband’s cosignature for loan considerations.

UN agencies and NGOs reported female medical staff were discriminated against and subject to violence, including physical and verbal assaults, from their partners and family members for assisting COVID-19-infected patients. According to information collected by UN Women and the NGO CARE International, women outnumbered men in the first line of defense against COVID-19, in a medical field already two-thirds composed of women, making women far more susceptible to COVID-19 exposure.

Children

Birth Registration: Citizenship is acquired through birth in the country, birth to an Ecuadorian mother or father abroad, or by naturalization. According to media reports, ethnic minority families and those with limited economic resources continued to show registration rates significantly lower than those of other groups. Government brigades occasionally traveled to remote rural areas to register families and persons with disabilities. While the law prohibits schools from requesting civil registration documents for children to enroll, some schools, mostly public schools, continued to require them. Other government services, including welfare payments and free primary health care, require some form of identification.

Education: The lack of schools in some areas specifically affected indigenous and refugee children, who must travel long distances to attend school.

Child Abuse: The law criminalizes child abuse and provides penalties of 30 days to 26 years in prison, depending on the severity of the abuse.

On February 1, Ana Cristina Vera, director of the local NGO Surkuna, estimated six of 10 rape aggressors were immediate relatives, with most victims younger than 14. In 2019 the Office of the Public Prosecutor stated approximately 60 percent of rape victims were children and adolescents.

In an August 14 ruling, the Inter-American Court of Human Rights found the state culpable for the sexual violence suffered by Paola Guzman Albarracin inflicted by her public school vice principal, leading to Guzman’s suicide in 2002. In its ruling, the court ordered several restorative measures, including monetary compensation to the victim’s family. On August 15, President Moreno committed to honor the court’s sentence, adding that “our fight to eradicate sexual violence in the education sector has remained firm since my government’s first day.” In June 2019 media reported that approximately 16 percent of the 7,977 sex-crime complaints tracked by the Ministry of Education between 2014 and May 2019 were directed against minors. Teachers or school staff were accused as perpetrators in 25 percent of all complaints.

Local NGOs and the government expressed concern about child abuse and infanticide during the COVID-19 national quarantine but lacked specific, comparative national statistics. The municipal government of Quito’s rights protection council reported 10 suicides and seven cases of infanticide, respectively, between March 17 and May 13. The council stated the infanticides in that span were allegedly committed by an immediate family member. Council vice president Sybel Martinez warned that a lack of precise statistics on violence against minors could fuel impunity. The Attorney General’s Office asserted that, while it tracked and publicized intrafamilial violence statistics weekly, it lacked historical data to establish trend lines. The Human Rights Secretariat ran a public-awareness campaign in late August aimed at children and adolescents, including information about how to access available resources for potential domestic violence victims.

Bullying remained a problem in schools and increasingly occurred on social media. There was no national official data available on bullying, but local officials in Tungurahua Province reported 14 suicides through February 15. A local Education Ministry representative acknowledged school bullying could have been a factor in those suicides. The government’s Lifetime Plan initiative establishes programs addressing different types of violence, including bullying. Municipal and provincial governments also launched other initiatives to address bullying in schools under their supervision throughout the year.

Child, Early, and Forced Marriage: The legal marriage age is 18. There were reports of early and forced marriage in indigenous communities, particularly in instances in which girls became pregnant following an instance of rape. Indigenous leaders reported cases in which sexual aggressors compensated violence with payment or exchange of animals, but in some cases victims were forced to marry their aggressors.

Sexual Exploitation of Children: The age of consent is 14. The law prohibits sexual exploitation of children, including child pornography, with penalties of 22 to 26 years’ imprisonment. The penalty for sex trafficking for the purpose of commercial sexual exploitation of children younger than age 18 is 13 to 16 years in prison. Child sex trafficking remained a problem, despite government enforcement efforts.

Displaced Children: Humanitarian organizations expressed concern that an increasing number of unaccompanied refugee and migrant children entered from Colombia until the government closed its borders on March 17 in response to the COVID-19 pandemic. International organizations remained concerned unaccompanied children and adolescents were vulnerable to exploitation and trafficking by criminal groups.

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.

Anti-Semitism

There is a small Jewish community, including an estimated 250 families in Quito and 82 families in Guayaquil. The Jewish community reported no attacks or aggressions through October 27.

Trafficking in Persons

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

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The National Council on Disability Equality oversees government policies regarding persons with disabilities.

Although the law mandates access to buildings and promotes equal access to health, education, social security, employment, transport, and communications for persons with disabilities, the government did not fully enforce it.

On October 13, media reported a female police officer assaulted a disabled female street vendor by placing her hands on the vendor’s buttocks while observers ridiculed the vendor (see section 1.c.).

The law stipulates rights to health facilities and insurance coverage as well as access and inclusion in education, and it mandates a program for scholarships and student loans for persons with disabilities. The law provides for job security for those with disabilities and requires that 4 percent of employees in all public and private enterprises with more than 25 employees be persons with disabilities. The law also gives the Ombudsman’s Office responsibility for following up on alleged violations of the rights of persons with disabilities and stipulates a series of fines and punishments for lack of compliance with the law. On September 11, media reported the Ombudsman’s Office received illegal dismissal complaints of persons with disabilities and counted approximately 400 such alleged public-sector dismissals during the COVID-19 pandemic. The Ministry of Labor’s inspectorate office treated each complaint individually, and all were under investigation as of October 23.

The law directs the electoral authorities to provide access to voting and to facilitate voting for persons with disabilities.

Indigenous People

There were no reports of restrictions placed on indigenous persons and their institutions in decisions affecting their property or way of life. The law provides indigenous persons the same civil and political rights as other citizens. The constitution strengthens the rights of indigenous persons and recognizes Kichwa and Shuar as “official languages of intercultural relations.” The constitution grants indigenous persons and communities the right to prior consultation, which is to participate in decisions on the exploitation of nonrenewable resources located on their lands that could affect their culture or environment, although indigenous peoples’ organizations noted public- and private-sector actors often ignored prior consultation. The constitution also allows indigenous persons to participate in the economic benefits natural resource extraction projects may bring and to receive compensation for any damages that result.

In the case of environmental damage, the law mandates immediate corrective government action and full restitution from the responsible company, although some indigenous organizations asserted a lack of consultation and remedial action. The law recognizes the rights of indigenous communities to hold property communally, although the titling process remained incomplete in parts of the country. During the 2018 national referendum, voters approved two constitutional amendments relevant to indigenous communities, prohibiting mining in urban and protected areas and limiting oil drilling in Yasuni National Park.

A June 1 report by various environmental and indigenous monitoring groups warned that because the mining sector was considered of “strategic importance” during the pandemic and a disproportionate number of indigenous miners were deemed essential employees, the mining sites were “hot spots for contagion” and put neighboring indigenous communities at serious risk of COVID-19 infection. Although confirmed COVID-19 cases and deaths among indigenous communities were lower than the national average, indigenous leaders and international organizations asserted indigenous communities, like other rural low-income communities, were particularly vulnerable to the pandemic’s environmental, medical, and economic effects. On July 1, Amnesty International joined two local indigenous umbrella groups, the Confederation of Indigenous Nationalities of Ecuador and the Confederation of Indigenous Nationalities in the Amazon, in calling on the national government to assemble a national action plan to protect indigenous communities.

The National Council on the Equality of Peoples and Nationalities reported in 2018 that almost 23 percent of indigenous women were underemployed, 36 percent were illiterate, and political participation of indigenous women continued to lag behind the rest of the population.

An April 2019 Amnesty International report faulted the government for a lack of will to adequately provide protection and conduct serious criminal investigations into the 2018 attacks and threats against the female Amazonian environmental defenders Patricia Gualinga, Nema Grefa, Salome Aranda, and Margoth Escobar. Human rights organizations expressed concern about intimidation tactics used against these activists from unidentified sources, including death threats and physical assault. On March 12, Amnesty International reported these tactics were intended to silence their environmental activism and denounced the lack of progress in the case.

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

The government, led by the Ombudsman’s Office, was generally responsive to concerns raised by the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community. Nevertheless, LGBTI groups claimed police and prosecutors did not thoroughly investigate deaths of LGBTI individuals, including when there was suspicion that the killing was motivated by anti-LGBTI bias.

An LGBTI NGO reported the May 28 killing of Javier Viteri, allegedly perpetrated by a military enlistee in the town of Huaquillas. Viteri had a romantic relationship with the enlistee, who was presumably responsible for stabbing Viteri 89 times in the face and genital area. On June 9, the Ombudsman’s Office “urged the competent authorities, especially the Attorney General’s Office, to consider the facts presented as a hate crime in the pertinent investigations, in accordance with criminal law.” The ombudsman also exhorted that investigating officials “carry out their work impartially, without prejudice or stereotypes of gender or sexual orientation.” LGBTI representatives reported a July 26 preparatory trial hearing was suspended. As of October 27, no further information was available.

The constitution includes the principle of nondiscrimination and the right to decide one’s sexual orientation. The law also prohibits hate crimes, but LGBTI activists asserted that since the legal codification of hate crimes in 2008, there had been no hate crime convictions. Although the law prohibits discrimination based on sexual orientation, LGBTI persons continued to suffer discrimination from both public and private entities, particularly in education, employment, and access to health care. LGBTI organizations reported transgender persons suffered more discrimination because they were more visible.

LGBTI persons continued to report that the government sometimes denied their right of equal access to formal education. LGBTI students, particularly transgender students, sometimes were discouraged from attending classes and were more susceptible to bullying in schools. Human rights activists argued the Ministry of Education and school administrators were slow to respond to complaints. LGBTI persons involved in the commercial sex trade reported abusive situations, extortion, and mistreatment by security forces.

The law prohibits LGBTI persons younger than 18 to change gender on their identity documents, even with parental consent. In July 2019 an LGBTI NGO reported a transgender minor was denied enrollment at 15 schools under her chosen name and gender in 2017. The minor’s parents filed a lawsuit requesting that officials allow her to change her name and gender on identity documents to end discrimination against her. The Office of the Civil Registry allowed changes on her identity card in 2018. The NGO Equidad reported the parents then filed an inquiry with the Constitutional Court to determine the age transgender underage individuals may change their identity information. A court decision on the inquiry was pending as of October 27.

LGBTI organizations and the government did not report the existence of private treatment centers confining LGBTI persons against their will to “cure” or “dehomosexualize” them, since such treatment is illegal. LGBTI organizations said relatives took LGBTI persons to neighboring countries instead, where clinics reportedly used cruel treatments, including rape, in an attempt to change LGBTI persons’ sexual orientation.

HIV and AIDS Social Stigma

LGBTI activists reported that during the peaks of the COVID-19 pandemic in April and May, officials at public and private hospitals blocked access to retroviral treatment and hormones to LGBTI patients to focus resources on COVID-19 treatment. The sudden unavailability adversely affected LGBTI individuals undergoing medical treatment.

Greece

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

Women

Rape and Domestic Violence: Under a law that took effect in 2019, rape, including spousal rape, is a crime punishable by 10 years’ up to life imprisonment in cases with multiple perpetrators or if the rape results in the victim’s death. The previous limit was five to 20 years. Attempted sexual intercourse without consent is punishable by up to 10 years in prison. Charges may be pressed ex officio, without the need of a complaint. If the victim does not wish to seek prosecution, the prosecutor may decide to drop charges. The law applies equally to all survivors, regardless of gender.

In 2019 media reported research showing that only 200 of an estimated average of 4,500 rape incidents per year were officially reported (approximately one out of 22). On May 5, media reported statistics from the Secretariat General for Family Planning and Gender Equality indicating an increase in violent incidents, including domestic violence, during the general lockdown in March and in April for COVID-19. The secretariat’s hotline received 1,070 calls reporting violent incidents in April, of which 648 referred to domestic violence, compared with 325 and 166, respectively, in March. Seven out of 10 incidents were reported by the victims themselves, mostly spouses and life partners (61 percent), children (10 percent), ex-spouses and former life partners (8 percent), and parents and siblings (9 percent). The data prompted the secretariat to conduct a wide campaign, involving television, internet and radio spots, to inform victims of domestic violence about their available options to escape from abusive behavior. Experts from the secretariat’s counselling services noted in parliament during September sessions of the special interparliamentary committee on gender equality that victims were reluctant to file complaints during the lockdown but after restrictions were lifted, complaints tripled and sometimes quadrupled.

On November 25, a survey ordered by the Ministry of Citizen Protection and its official think tank, the Center for Security Research, showed that more than three out of 10 women were abused during the spring lockdown. The survey, conducted from July to October, collected responses from 750 women. Of respondents, 36 percent reported suffering an abuse, with most of the victims being women ages 38 to 39, married, and with an average of two children. Eight in 10 of the perpetrators were men with a median age of 45, and four in 10 were college graduates, worked at full-time jobs, and had no history of violence.

Penalties for domestic violence range from one to three years’ imprisonment, depending on the severity of the violence. The previous range was two to 10 years. The court may impose longer prison sentences for crimes against pregnant or minor victims. Authorities generally enforced the law effectively when the violence was reported; however, some NGOs and international organizations criticized law enforcement in migrant sites for not responding appropriately to victims reporting domestic violence. Experts estimated only 10 percent of rape and domestic violence cases reached the courtroom, noting that despite an adequate legislative framework, judges’ personal biases and social norms that blame the victim were major obstacles. In 2019 police recorded 229 reported rape incidents, 62 of which were attempted rapes. Police reported identifying the perpetrators in 161 cases of rape and attempted rape. The number of identified perpetrators was 227.

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

Two popular television hosts were suspended for five days and fined 150,000 euros ($180,000) in January for comments they made in November 2019 making light of an incident in which a woman said a man sexually assaulted her in a public space at Aristotle University in Thessaloniki.

Female Genital Mutilation/Cutting (FGM/C): The law requires mandatory prison sentences for persons who coerce or force female individuals to undergo genital mutilation.

Despite anecdotal reports that migrant and refugee women residing in the country underwent FGM/C prior to their arrival in Greece, there was no evidence FGM/C was practiced in the country. In 2019 the European Institute for Gender Equality issued a study estimating that 25 to 42 percent of migrant and refugee girls living in the country but originating from states in which FGM/C is practiced were at risk of FGM/C.

Sexual Harassment: Under the new penal code, enforced since 2019, penalties may be as high as three years in prison for sexual harassment, with longer terms applied to perpetrators who take advantage of their position of authority or the victim’s need for employment. The previous penalty ranged from two months to five years. On November 24, NGO ActionAid reported that 85 percent of women in Greece were subjected to sexual harassment. The research took place from July to September based on a sample of 1,001 women from across the country and an additional 376 women working in tourism and catering. Based on the same research, only 6 percent officially denounced these incidents. In his 2019 annual report, the ombudsman reported his office received 335 complaints pertinent to gender equality, without specifying how many were related to sexual harassment, noting, however, that complaints on gender equality grounds were among the highest in numbers for calendar year 2019 (335 of 16,976). This trend was also reflected in the ombudsman’s special report on nondiscrimination and equal treatment for 2019. Of the 1,176 complaints received in 2019, 44 percent cited discrimination on gender equality grounds. In these reports, as well as in previous years, the ombudsman noted the absence of a policy against sexual harassment in most private and public workplaces, oftentimes combined with inadequate investigation of reported incidents.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children, and to manage their reproductive health with access to the information and the means to do so, free from discrimination, coercion, and violence. Some pregnant women and new mothers, particularly those residing in the five reception and identification centers for asylum seekers on the North Aegean islands during the COVID-19 pandemic, reportedly faced obstacles in accessing proper health care. There were no legal, social, and cultural barriers to access to contraceptives. The government provided access to sexual and reproductive health services for survivors of sexual violence.

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

Discrimination: The constitution provides for the same legal status between women and men. The government effectively enforced the laws promoting gender equality, although discrimination occurred, especially in the private sector. Muslim minority persons in Thrace can request the use of sharia with notarized consent of both parties (see section 6, National/Racial/Ethnic Minority Groups).

Legislation passed in 2019 established a National Council on Gender Equality and created a certification for companies that comply with maternity leave laws, provide equal pay for male and female employees, and demonstrate gender equality in managerial posts.

A widespread perception still exists among private businesses that a pregnant employee is a burden, according to the 2019 annual antidiscrimination report from the ombudsman.

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 delayed birth registration but imposes a fine in such cases. On February 3, the government passed legislation allowing the birth registration process to be completed electronically to increase transparency and facilitate the cross-checking of documents and data.

Child Abuse: Violence against children, particularly migrant, refugee, street, and Romani children, remained a problem. From January through October, the NGO Smile of the Child reported 1,019 serious cases of abuse related to 1,813 children through its helpline SOS 1056. The law prohibits corporal punishment and the 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.

Child, 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 illegal child marriage was common in Romani communities, with Romani girls often marrying between the ages of 15 and 17, or even younger, and male Roma often marrying between the ages of 15 and 20.

Sexual Exploitation of Children: The legal age of consent is 15. The law criminalizes sex with children younger than 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. In 2019 police arrested 27 individuals on child pornography charges.

Displaced Children: According to National Center for Social Solidarity data, approximately 4,190 refugee and migrant unaccompanied and separated children resided in the country as of October 15. Only 2,659 of these children resided in age-appropriate facilities. 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. In 2019 the ombudsman issued a report about children on the move in the country, noting discrepancies in the administrative treatment of unaccompanied minors depending on where they entered the country, the agency that identified them, and their nationality.

On May 12, the government passed legislation establishing the Special Secretariat for the Protection of Unaccompanied Minors, later assigned to work under the Ministry for Migration and Asylum. The new law assigns the overall management and supervision of unaccompanied minors to this body, removing responsibility from the National Center for Social Solidarity, although the center continued to issue biweekly statistics on the status of unaccompanied minors.

The Special Secretariat for the Protection of Unaccompanied Minors is responsible for sheltering unaccompanied minors, including prioritizing cases with vulnerable or disabled minors. It is also responsible for coordinating the short-term and long-term placement of unaccompanied minors in shelters (government and nongovernmental) and safe zones in the RICs and other facilities. The secretariat is entrusted with: maintaining the national electronic registry for unaccompanied minors; monitoring the enforcement of standard operating procedures at reception facilities; periodically assessing the services provided; training and supporting the staff at these facilities, and coordinating efforts to relocate minors to other countries.

The government, through the Special Secretariat for the Protection of Unaccompanied Minors, increased placements for housing unaccompanied minors and sped up the process for relocating approximately 1,000 of them to other European countries as part of a voluntary relocation scheme.

Institutionalized Children: Activists condemned the use of protective custody for unaccompanied minors for prolonged periods, often in unsanitary, overcrowded conditions resulting from a lack of space in specialized shelters (see section 1, Prison and Detention Center Conditions, Physical Conditions). On September 29, Secretary General for Unaccompanied Minors Irini Agapidaki stated on social media that there were no unaccompanied minors residing at the RICs on the five Aegean islands or in Evros. The unaccompanied minors had all been relocated to other shelters or to other EU member states. On November 18, the Ministry of Migration and Asylum reported that all unaccompanied minors who were in protective custody as of November 14 had been transferred to proper accommodation facilities.

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/reported-cases.

Anti-Semitism

Local Jewish leaders estimated the Jewish population in the country consisted of approximately 5,000 individuals. Anti-Semitic rhetoric remained a problem, particularly in the extremist press, social networking sites, and certain blogs. There were several incidents of graffiti and vandalism.

On January 3, the Central Board of Jewish Communities in Greece (KIS) condemned anti-Semitic graffiti on a recently restored historic synagogue in Trikala, central Greece. The vandalism took place in late December 2019, with unknown perpetrators painting swastikas on the walls surrounding the synagogue and writing anti-Semitic slogans such as “Jewish snakes out.” The KIS called on the authorities to arrest those responsible. The city of Trikala also issued a statement condemning the incident. On August 13, a memorial to fallen Greek Air Force personnel in central Athens was defaced with anti-Semitic graffiti reading ‘Satanic Jews Out’ interspersed with Christian symbols.

On October 5, media reported that unknown perpetrators sprayed anti-Semitic slogans in German on the exterior walls of the Athens Jewish Cemetery. The municipality of Athens promptly acted to clean the walls, according to a statement by the Central Board of Jewish Communities in Greece, denouncing the incident. The government spokesperson said authorities would do everything possible to arrest the perpetrators. Several prominent government officials, including Foreign Minister Nikos Dendias and Minister of Education and Religious Affairs Niki Kerameus, tweeted that the incident was shameful.

On October 16, unknown perpetrators defaced the Holocaust Museum of Thessaloniki by spray-painting on the facade “With Jews, you lose.” The Ministry of Foreign Affairs and the Hellenic Solution party denounced the attack at the Holocaust Monument. The KIS on October 19 issued a statement condemning other attacks, including the vandalism of four tombstones at the Jewish cemetery of Rhodes and graffiti at the Jewish cemetery of Thessaloniki reading “Death to Israel.” The KIS statement said the “vandalism of cemeteries and monuments equals tolerating the vandalism of memory and civilization” while urging the Ministry of Citizen Protection to arrest the perpetrators and to reinforce security measures on all Jewish institutions and monuments in Greece.

A perpetrator or perpetrators spray-painted a Christogram cross with the words “Jesus Christ Conquers” on the facade of a synagogue and Holocaust monument on December 3 in Larissa, central Greece, and on December 29 on a Holocaust monument in Drama, northern Greece, also damaging the marble base of the monument. The Ministry of Foreign Affairs, the diocese of Larisa and Tyrnavos, the Secretary General for Religious Affairs, and the respective municipalities all issued statements denouncing the acts. The KIS praised the municipality of Drama for immediately restoring the damage and erasing the graffiti. On December 4, Larissa police arrested a male suspect in the nearby area of Tempi, charging him with damaging property and violating an antiracism law during the December 3 incident.

The KIS continued to express concern about anti-Semitic comments by some in the media. On January 29, the KIS expressed concern about political cartoons and images in which political controversies were mocked with the use of Jewish sacred symbols and Holocaust comparisons. The KIS issued a statement protesting a sketch of the entrance to the Auschwitz concentration camp in a political cartoon arguing against lifting protection of primary residencies from foreclosures. The KIS called the cartoon unacceptable because it trivialized a symbol of horror. The newspaper called the reaction “justifiable,” arguing it had no intent to trivialize or deny the Holocaust.

On November 11, the KIS denounced a front-page headline of the newspaper Makeleio related to the announcement by the Jewish CEO of a pharmaceutical company about the COVID-19 vaccine. The headline presented the company’s CEO as the infamous Nazi official Dr. Joseph Mengele, also known as the butcher of the Auschwitz concentration camp, with the title: “Jewish veterinarian will stick the needle in us! Nightmarish admissions by force in ‘chamber-camps’ as flocks.” The KIS noted that the parallel between Nazi experiments in the concentration camps and the vaccine’s production perpetuates hatred and stereotypes against Jews, while also discouraging individuals from using the vaccine. On November 20, Secretary General for Religious Affairs George Kalantzis issued a statement condemning the newspaper’s characterization, saying that such reporting is reminiscent of the Middle Ages “when Jews were accused of every disaster, illness, or defeat.”

On October 22, a court of appeals in Athens decided to imprison seven leading members of the ultra-nationalist and pro-Nazi Golden Dawn party after the court had proclaimed Golden Dawn a criminal gang on October 7. All were sentenced to 13 years in prison but one of them, Christos Pappas, evaded arrest and at the end of the year remained at large. Local and international Jewish communities expressed concern over the anti-Semitic rhetoric of many Golden Dawn members.

On January 27, Prime Minister Mitsotakis attended memorial events marking the 75th anniversary of the liberation of Auschwitz-Birkenau and became the first prime minister to pay an official visit to the former concentration camp.

On January 9, during a visit by Prime Minister Mitsotakis to Washington, the Ministry of Defense and the U.S. Holocaust Memorial Museum (USHMM) signed an agreement allowing researchers to examine records of Nazi atrocities in Greece between 1940 and 1945. The Ministry of Culture was cooperating with USHMM on a joint effort to retrieve personal items belonging to Jewish refugees from the 1946 shipwreck of the Athina off Astypalea Island; the items were for inclusion in the USHMM’s permanent exhibition.

Trafficking in Persons

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

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 government enforcement of these provisions was inconsistent. For example, an employee with multiple sclerosis lost her job after returning from six months of sick leave required for therapy, even though she submitted a doctor’s note stating the therapy was needed, according to the ombudsman in the 2019 annual report. The employer cited “unconventional behavior” as reason for the dismissal three months after the employee’s return. Authorities fined the employer for not making the necessary adaptations to accommodate the employee’s disability.

On May 9, police in Gastouni, Peloponnese, physically attacked a young student with a mental disability, reportedly assuming he was a thief. The incident, which took place just outside the victim’s residence, prompted reactions by human rights activists including the Racist Crimes Watch Network and the National Confederation of Disabled People (see section 1.c., Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment).

Most children with disabilities had the option to attend mainstream or specialized schools. The dropout rate for students with disabilities was high, partly due to shortages in transportation, a lack of infrastructure such as ramps and audiovisual aids, and staff and funding shortages. Despite progress in establishing new school units and classes to help students with disabilities integrate in primary and secondary education, the ombudsman and other agencies noted that integrating children with disabilities into mainstream classrooms remained a problem.

Persons with disabilities continued to have poor access to public buildings, transportation, and public areas, even though such access is required by law. Access to buildings, ramps for sidewalks, and accessible public transportation vehicles were among the biggest access concerns. Even ramps in the street were often too steep or rough to use, and ramps for public transportation were often out of order. In July a long-awaited ministerial decree established technical guidelines, requiring existing buildings and facilities to have made “reasonable adaptions” to ensure accessibility by the year’s end, or else lose their license.

In his 2019 annual report, the ombudsman reported that 37 percent of the complaints his office received related to disability and chronic disease, a notable increase from 2018.

On March 11, the government abolished legislation passed in May 2019 lifting significant obstacles to the granting of Greek citizenship for persons with intellectual disabilities or psychiatric illnesses. The previous legislation enabled such persons to claim Greek nationality if they were born or raised in the country by lawfully residing foreign nationals, allowing them to bypass the mandatory requirement of several years of Greek schooling or the passage of a Greek language and civilization test. The National Confederation of Disabled People denounced the government’s decision in a joint statement with the NGOs Hellenic League for Human Rights and Generation 2.0. for Rights, Equality and Diversity. On October 12, the government amended the citizenship law, providing for a unified system of written exams in Greek language and culture for all applicants, except those older than 62, those with a certified disability, and those with learning difficulties. The exempted group could take an oral test.

Prime Minister Mitsotakis presented the country’s first National Plan of Action for Persons with Disabilities on December 16, which sets clear and measurable targets based on the Convention on the Rights of Persons with Disabilities. The action plan establishes a coordinating government mechanism of central and local authorities to follow up on implementation, and a National Authority for Accessibility to monitor the implementation of legislation.

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

The law prohibits discrimination against LGBTI persons in housing, employment, and government services such as education and health care. The government enforced antidiscrimination laws, which include sexual orientation and gender identity as aggravating circumstances in hate crimes. Offices combatting race crimes and hate crimes include in their mandates crimes targeting LGBTI individuals because of their sexual orientation or gender identity.

Violence against LGBTI individuals, including LGBTI refugees and migrants, remained a problem. Societal discrimination and harassment of LGBTI persons were widespread despite advances in the legal framework protecting such individuals. 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 a lack of trust. A male police officer harassed and verbally abused a transgender woman during a routine inspection at an entertainment venue, the NGO Greek Transgender Support Association (SYD) reported on January 7. The woman said the police officer used insulting, derogatory, and sexist language, touched her inappropriately, and insisted on bodily searching her himself. The victim filed a complaint against the police officer. No trial date has been set.

In 2019 the RVRN recorded 16 attacks based on sexual orientation and 25 based on gender identity. The sexual orientation attacks included verbal and physical assaults. In three cases, the victims were minors. The gender identity attacks included two cases of rape, one of which involved a minor, two incidents of sexual abuse and sexual assault, two incidents of physical violence, and 17 cases of verbal insults or threats. The RVRN noted the recorded incidents showed that “transgender people suffer verbal abuse, almost daily, which escalates as their transition progresses and becomes more visible.” According to information communicated to the RVRN for 2019, police recorded 282 incidents potentially involving racist motives, 32 of which were related to sexual orientation (20) and gender identity (12).

On May 14, the EU Agency for Fundamental Rights 2019 survey on LGBTI persons in the EU reported that in the country: 74 percent of respondents stated that they often or always avoided holding hands with their same-sex partner, 32 percent felt discriminated against at work, and 33 percent alleged they were harassed in the year before the survey. In addition, 51 percent of respondents felt discriminated against in at least one area of life in the year before the survey and 43 percent of LGBTI students aged 15 to 17 admitted hiding being LGBTI at school. Finally, 57 percent reported that LGBTI prejudice and intolerance has dropped during the past five years.

Activists in the LGBTI community said they faced particular hardships during the COVID-19 pandemic because they were forced to spend long periods at home with families who were not always accepting of their lifestyle, with an increase in domestic violence. Transgender individuals working in the sex industry also reported a loss of income during the pandemic.

On January 3, a joint ministerial decree outlined 12 countries of origin of asylum seekers the government considered “safe.” The decree raised concerns among human rights activists and the LGBTI community that the vast majority of these countries either persecuted individuals based on their sexual orientation and gender identity or presented serious threats to the lives of LGBTI individuals and human rights and LGBTI activists in the country (see section 2.f., Protection of Refugees).

On July 7, the NGO Diotima reported on a Moroccan transgender person whose application for asylum was rejected. Diotima argued that if she returned to Morocco, the woman’s life would be at risk due to her gender identity, a claim accepted by the court on October 14. The court annulled the deportation decision on the grounds the woman would face arrest, imprisonment, and abuse if sent back to her country (see section 2.f., Protection of Refugees).

Unmarried transgender individuals older than 15 may update documents to reflect their gender identity without undergoing sex reassignment surgery, according to Greek law. A judge must validate the change based on the individual’s external appearance. According to the Greek Transgender Support Association, the hearing process does not always have the necessary privacy and dignity for the applicant.

In his annual 2019 report, the ombudsman highlighted administrative obstacles faced by LGBTI individuals when they officially register a civil partnership. The ombudsman noted that corrections and changes to gender identity registrations, as part of administrative processes or notarial acts, did not always have the necessary safeguards of secrecy and respect for those impacted.

On January 20, a misdemeanors council ruled that six persons, including two store owners and four police officers, should be charged with fatal bodily harm in connection with the death of LGBTI activist Zak Kostopoulos in September 2018 in central Athens. The date of the trial was initially set for October 21 but due to restrictive COVID-19 measures, it was postponed indefinitely.

HIV and AIDS Social Stigma

While the law prohibits discrimination with respect to employment of individuals with HIV, societal discrimination against persons with HIV or AIDS remained a problem. Persons with HIV or AIDS were exempt on medical grounds from serving in the armed forces. 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.

On January 28, the NGO Positive Voice reported on a patient who was hospitalized in isolation from other inmates solely because he had HIV. Hospital personnel moved him from his original room–which he shared with other patients–and announced he would have to use a separate bathroom from others, as well as disposable plates, cups, and cutlery. Hospital personnel did not respect the patient’s privacy and dignity, the NGO said. In a public statement, the NGO noted instances in which HIV is used as a pretext by medical staff to delay or deny the provision of medical services.

Haiti

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

Women

Rape and Domestic Violence: The law prohibits rape of men and women but does not recognize spousal rape as a crime. The penalty for rape is a minimum of 10 years’ forced labor. In the case of gang rape, the maximum penalty is lifelong forced labor. The crimes were rarely formally prosecuted and were often settled under pressure from community and religious leaders. The law excuses a husband who kills his wife, her partner, or both if found engaging in adultery in the husband’s 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.

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. While civil society organizations reported anecdotally that women were more likely to report cases of sexual and domestic violence than in the past, these organizations stated many victims did not report such cases due to social pressure, fear, and a lack of logistical and financial resources. 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 services, psychological services, and legal assistance to victims had to reduce services due to a lack of funding. In rural areas, criminal cases, including cases of sexual violence, were often settled outside of the justice system. In some cases local leaders pressured family members to come to financial settlements with the accused to avoid societal discord and embarrassment. According to judicial observers, prosecutors often encouraged such settlements.

Sexual assault and rape continued to be serious and pervasive societal problems, particularly in socially and economically disadvantaged areas. According to the RNDDH, 20 women were victims of rape in Cite-Soleil between March and July. In another case where gang rape was reported, the victim said her three attackers claimed to be part of the G-9 gang confederation. As of November there were no arrests in these cases.

Authorities stated that 10 women who were sexually assaulted by male inmates during a November 2019 prison riot in Gonaives were subsequently transferred to other facilities for their safety. Authorities declared the culprits had been identified and remained imprisoned.

Sexual Harassment: The law does not specifically prohibit sexual harassment, although it states that men and women have the same rights and obligations. Observers stated sexual harassment occurred frequently. Although authorities stated the government was opposed to sexual harassment, there were no formal governmental programs to combat it on a national scale.

Reproductive Rights: The law recognizes the rights of couples and individuals to decide the number, spacing, and timing of their children; however, regulations, social customs, and economic disparity often made these rights unattainable.

While stigma around seeking or accessing contraception significantly decreased over the past decade and women were far more knowledgeable about contraception, social and economic barriers remained. Cultural and historical barriers persisted in the use of IUDs and contraception more generally, particularly cultural misconceptions and lack of knowledge of proper usage.

The country’s level of unmet need for family planning was 38 percent, and the use of modern contraception was 34 percent. Approximately one-fifth of women of reproductive age used a modern contraceptive method, while more than one-third of married women who wanted to limit or space births did not use any contraceptive method, according to the 2016-17 Demographic and Health Studies (DHS) Report.

Many women and their families maintained a strong preference for giving birth at home with the assistance of matrones (traditional birth attendants) as opposed to giving birth in health facilities with the assistance of skilled birth attendants. The choice may be rooted in a desire for client-centered care–particularly for respectful maternity care–which was otherwise largely unavailable. The government did not allow state institutions to work openly with matrones, a practice that prevented them from acquiring the skills needed to serve as highly skilled birth attendants.

The government has protocols governing the provision of service to survivors of sexual violence. The Ministry of Public Health was responsible for maintaining these protocols and practices; however, donors and NGO partners provided nearly all such care.

The World Health Organization estimated the maternal mortality rate at 480 deaths per 100,000 live births in 2017. The government’s estimate for 2016-17, based on maternal deaths reported by health facilities, was 175 maternal deaths per 100,000 live births. A major cause of maternal deaths was the government’s lack of support for matrones. Other reasons included geographic difficulties in access to health facilities and financial barriers to primary health care. Of the country’s 571 communal sections, 125 had no health facilities. The proportion of births attended by skilled health personnel was 42 percent. The adolescent birth rate for those ages 15-19 years was 140 per 1,000.

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

Discrimination: Women did not enjoy the same social and economic status as men, despite constitutional amendments requiring that women’s participation in national life and in public service (i.e., political candidates, elected officials, and civil servants) be at least 30 percent of the positions.

By law men and women have equal protections for economic participation. Women, however, faced barriers to accessing economic inputs, collateral for credit, information on lending programs, and other resources. Gender discrimination was a major concern. Women were often restricted to certain jobs, such as secretarial or cleaning work, and they faced lower pay as well as barriers when attempting to compete for hiring or promotions on an equal footing with men. Women were largely viewed as more vulnerable to coercive and exploitive practices in the workplace, such as sexual harassment.

Children

Birth Registration: Citizenship is derived through an individual’s parents; either parent may transmit citizenship. Citizenship may 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 age two. 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 children in urban areas.

Education: The constitution was generally interpreted as requiring the government to provide free and compulsory education to all children through grade nine; nonetheless, the government did not effectively enforce this. According to a 2018 report published by the Ministry of Health, in urban areas 65 percent of girls attended school, compared with 58 percent of boys.

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

Child, Early, and Forced Marriage: The legal age of marriage is 18 for males and 15 for females. Early and forced marriage were not widespread customs. Plasaj, or common-law marriage, was common and sometimes used by older men to enter into relationships with underage girls.

Sexual Exploitation of Children: The minimum age for consensual sex is 18, and the law has special provisions for rape of persons who are age 16 or younger. The law prohibits the corruption of persons younger than 21, including through prostitution, with penalties ranging from six months to three years’ imprisonment for offenders. The penalty for human trafficking with aggravating circumstances, which includes cases involving the exploitation of children, is up to life imprisonment.

In May the International Federation of Football Associations (FIFA) suspended Haitian soccer federation president Yves Jean-Bart for 90 days after allegations that he sexually assaulted multiple youth soccer players. Two other top officials, Wilner Etienne and Nela Joseph, were subsequently suspended in August. In November, FIFA’s ethics committee imposed a lifetime ban and a fine of more than one million Swiss francs ($1.1 million) on Yves Jean-Bart. He had not yet been charged with a crime in Haiti.

In October reports emerged that at least 41 girls between ages 13 and 17 at La Prophetie College in Grand-Anse Department became pregnant after sexual abuse. Most of the abusers were reported to be male classmates, but there were also reports of sexual abuse by community members.

Several civil society groups reported impoverished children were often subjected to sexual exploitation and abuse. According to these groups, children were often forced into prostitution or 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 age 10.

Institutionalized Children: The Ministry of Social Affairs and Labor’s Institute of Social Welfare and Research (IBESR) has official responsibility for monitoring and accrediting the country’s orphanages and residential care centers. According to the international NGO Lumos, an estimated 25,000 children lived in the 756 orphanages in the country, of which 45 were licensed by the government. An estimated 80 percent of those children had at least one living parent.

On February 13, a total of 15 children died after fire engulfed an unaccredited orphanage in Fermathe, a community one hour north of Port-au-Prince, which had previously failed multiple inspections. In July lawyers working on behalf of the orphanage offered cash payments to family members of the victims to settle the case.

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/reported-cases.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 https://www.state.gov/trafficking-in-persons-report/.

Persons with Disabilities

The constitution stipulates that persons with disabilities should have the means to provide for their education and independence. The law requires all public buildings and spaces to be accessible to persons with disabilities. The law prohibits discrimination in employment 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, and the government did not enforce these legal protections. The law bans discrimination against persons with disabilities and provides for access to basic services such as health, education, and justice.

Local disability rights advocates stated that persons with disabilities faced significant obstacles to voting. Persons with disabilities 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, exclusion, and discrimination because of their disabilities. For instance some families often left their family members with disabilities isolated at home. Basic services such as government offices, churches, and schools did not routinely make accessible services available for persons with disabilities. Opportunities to access services often depended on the economic status of the family. Persons with mental, developmental, or physical disabilities were marginalized and neglected. Deaf and blind citizens also faced marginalization and neglect and did not routinely receive services they needed. The Office of the Secretary of State for the Integration of Handicapped Persons (BSEIPH) in the Ministry of Social Affairs and Labor is the lead government agency responsible for assisting persons with disabilities and ensuring their civil, political, and social inclusion.

While some children with disabilities were mainstreamed into regular schools, mainstreaming depended on the severity of the disability and the economic status of the family. A small number of schools provided specialized education for children whose disabilities did not allow them to be mainstreamed. According to the most recent national education plan, covering 2010 to 2015, fewer than 14 percent of children with disabilities attended school. Children of economically disadvantaged families were often left to languish uneducated at home.

The BSEIPH had several departmental offices outside the capital. Its efforts were constrained by a limited budget, and there was little progress toward creating a strategic development plan. The BSEIPH provided persons with disabilities with legal advice and job-counseling services. It regularly convened meetings with disability rights groups in all its regional offices. The BSEIPH worked to better integrate persons with disabilities in society, including by encouraging their employment in public institutions.

President Moise named Soinette Desir, a former activist for persons with disabilities, as the new BSEIPH undersecretary. On June 12, Desir distributed materials and equipment to new public-sector employees with disabilities, intending to facilitate their success in the workplace.

Some disability rights activists said social services available to persons with disabilities were inadequate and that persons with disabilities had significant difficulties accessing quality medical care. Hospitals and clinics in Port-au-Prince were not accessible to persons with disabilities and often refused to treat them.

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

There were reports police condoned violence against lesbian, gay, bisexual, transgender, and intersex (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. On July 1, a transgender woman was attacked by motorcycle taxi drivers in the street. Activist groups reported that part of the attack was recorded, but even so, police declined to investigate when they learned the victim was a transgender person.

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

The government’s legal reforms announced in June, and scheduled to enter into force in 2022, offer specific protections to LGBTI persons for the first time. The proposed changes include making LGBTI persons a protected group and imposing penalties on public agents, persons, and institutions that refuse services on the grounds of someone’s sexual orientation. The reforms prompted intense national debate and protests led by local religious leaders. LGBTI activists reported increased hostility towards LGBTI persons as a result and said they had not been consulted about the reforms. Many, however, said they were pleased by the new protections and viewed the reforms as an opportunity to stimulate national dialogue.

In July a mob threw stones and shot at a transgender shelter, activists reported. A new crisis telephone line for the LGBTI community reported 20-30 calls per day after its establishment in July, with most callers expressing fear about hostility surrounding the proposed legal reforms.

Local attitudes, particularly in Port-au-Prince, remained hostile toward LGBTI persons who were public and visible about their sexual orientation or gender identity and expression. 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.

The investigation into the November 2019 death of Charlot Jeudy, head of the LGBTI rights group KOURAJ, remained open as of November.

HIV and AIDS Social Stigma

Stigma against persons with HIV or AIDS was strong and widespread. In 2019 UNAIDS reported 63 percent of adults in the country said they would not purchase vegetables from a seller known to be HIV-positive, while 55 percent believed students with HIV should not attend school.

Hong Kong

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

Women

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

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

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

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

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

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

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

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

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

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

Children

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

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

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

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

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

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

Anti-Semitism

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

Trafficking in Persons

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

Persons with Disabilities

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

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

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

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

Japan

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

Discrimination based on race, ethnicity, nationality, sexual orientation, or gender identity is not prohibited.

Women

Rape and Domestic Violence: The law criminalizes various forms of rape, regardless of the gender of a victim. The law also criminalizes custodial rape of a minor younger than age 18. The law does not deny the possibility of spousal rape, but no court has ever ruled on such a case, except in situations of marital breakdown (i.e., formal or informal separation, etc.). The law mandates a minimum sentence of five years’ imprisonment for rape convictions. Prosecutors must prove that violence or intimidation was involved or that the victim was incapable of resistance. Domestic violence is also a crime for which victims may seek restraining orders. Convicted assault perpetrators face up to two years’ imprisonment or a modest fine. Convicted offenders who caused bodily injury faced up to 15 years’ imprisonment or a modest fine. Protective order violators faced up to one year’s imprisonment or a moderate fine.

Suicide rates among women rose in July and August by 40 percent as compared with the corresponding months of 2019, according to National Police Agency statistics. In October the Japan Suicide Countermeasures Promotion Center, which was commissioned by the Ministry of Health, Labor, and Welfare to analyze trends in suicides since July, stated that more severe domestic violence, an increased struggle to raise children, and financial difficulty–all due to COVID-19–along with the impact of a series of celebrity suicides in recent months, were potential factors leading to the increase in suicides among women living with one or more persons, unemployed women, and teenage girls.

On October 1, the Cabinet Office upgraded the office for countering violence between men and women in the Ministry of Gender Equality to a division. Minister Seiko Hashimoto and Chief Cabinet Secretary Katsunobu Kato announced the change as an effort to strengthen government efforts to address sexual crimes and violence, including domestic violence. The division plans to enhance counseling services and collaboration with private supporting organizations.

In October the gender equality bureau director general in the Cabinet Office confirmed that government consultation bodies around the nation received 1.6 times more inquiries about domestic violence in May and June than during the same months in 2019. She expressed concern about the increase in the number and degree of severity of domestic violence cases, attributing the change to stress and anxiety about life in the future stemming from COVID-19. As preparedness measures, in April the Cabinet Office’s Gender Equality Bureau extended hotline services to 24 hours a day and in May launching additional consultation services via social network services in Japanese and 10 foreign languages. The Ministry of Internal Affairs and Communications allowed victims fleeing domestic violence to receive an across-the-board one-time stipend of 100,000 yen ($920) per person as a COVID-19 financial relief measure. NGOs reported, however, that the stringent requirements for the stipend made it difficult for some victims to qualify.

Several acquittals in rape cases in 2019 drew the attention of legislators and the public to the high legal standard and prosecutorial burden in such cases. In March the Nagoya High Court overturned a lower court’s controversial 2019 acquittal of a father accused of raping his 19-year-old daughter. The High Court convicted the father after concluding that she had no option other than to submit and sentenced him to 10 years in prison. The father appealed to the Supreme Court.

The Ministry of Justice launched an expert panel in June to identify potential revisions to criminal legislation on all sexual crimes, as part of the government’s efforts to strengthen measures against sexual crimes and violence. The expert panel includes a survivor of sexual abuse, lawyers, academics, and government officials.

Rape and domestic violence are significantly underreported crimes. Observers attributed women’s reluctance to report rape to a variety of factors, including fear of being blamed, fear of public shaming, a lack of victim support, potential secondary victimization through the police response, and court proceedings that lacked empathy for rape victims.

Victims of abuse by domestic partners, spouses, and former spouses could receive protection at shelters run by either the government or NGOs.

Sexual Harassment: Sexual harassment was generally perceived as a workplace issue after a 2007 amendment to equal employment opportunity law required employers to establish preventive measures against sexual harassment in workplaces. Sexual harassment in the workplace persisted (see section 7.d.).

Sexual harassment also persisted in society. One of the most pervasive examples was men groping women on subway trains. Many major train lines have introduced women-only cars to combat chikan, or groping; however, it continued during the year.

In April, Liberal Democratic Party Lower House members toured a facility for teenage survivors of sexual abuse. During the visit, members of the group were accused of sexist behavior and harassment, including an allegation that the former minister of education, culture, sports, science, and technology placed his hands on an underage girl’s waist. He later apologized for “causing [her] discomfort” but added that he had no memory of putting his hands on her waist. Then prime minister Abe, in his capacity as head of the Liberal Democratic Party, also apologized on the former minister’s behalf.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children; to manage their reproductive health; and have the information and means to do so, free from discrimination, coercion, and violence. Women had access to contraception and maternal health services, including skilled attendance during childbirth, prenatal care, and essential obstetric and postpartum care.

The government subsidizes sexual or reproductive health care services for survivors of sexual violence when the survivors seek help from the police or government-designated centers supporting sexual violence survivors located in each prefecture. Services subsidized by the government include medical examinations and emergency contraception.

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

Discrimination: The law prohibits discrimination on the basis of sex and generally provides women the same rights as men. The Gender Equality Bureau in the Cabinet Office continued to examine policies and monitor developments.

Despite the law and related policies, NGOs continued to allege that implementation of antidiscrimination measures was insufficient, pointing to discriminatory provisions in the law, unequal treatment of women in the labor market (see section 7.d.), and low representation of women in high-level elected bodies.

NGOs continued to urge the government to allow married couples to choose their own surnames. The postwar constitution provides for equality between men and women, and relevant laws state that a husband and wife may choose either spouse’s surname as the legal surname for both of them. Separate surnames for a married couple, however, are not legal. According to the government, 96 percent of married couples adopt the husband’s family name. Experts cited workplace inconveniences and issues of personal identity that disproportionately affect women as a result of the law.

In what became known as the “potato salad controversy,” there was a widespread outcry over perceived pervasive misogyny when an individual posted on social media about overhearing an elderly man admonishing a woman with an infant who was buying prepared potato salad instead of making it from scratch. The man reportedly chided the woman, suggesting that she was not a good mother for choosing not to spend time and labor to make the potato salad herself. Media speculated that the comment prompted so many responses because many women have had similar experiences. One prominent newspaper posited that misogynistic attitudes among men underpin such comments, adding that the notion that women are inferior is a persistent undercurrent in society.

Children

Birth Registration: The law grants citizenship at birth to: a child of a Japanese father who either is married to the child’s mother or recognizes his paternity; a child of a Japanese mother; or, a child born in the country to parents who are both unknown or are stateless. The law also grants citizenship to a person born in the country with no nationality at the time of birth but who has resided in the country for three consecutive years or more since his or her birth. The law requires registration within 14 days after in-country birth or within three months after birth abroad, and these deadlines were generally met. Individuals were allowed to register births after the deadline but were required to pay a nominal fine.

The law requires individuals to specify whether a child was born in or out of wedlock on the birth registration form. The law presumes that a child born within 300 days of a divorce is the divorced man’s child, resulting in the nonregistration of an unknown number of children.

Child Abuse: Reports of child abuse continued to increase, which NGOs attributed in part to stay-at-home COVID-19 policies. Legislators expressed concern about sexual crimes and violence against children. According to official data, police investigated 1,957 child abuse cases in 2019, a 42 percent increase from the previous year. Of the cases, 1,629 involved physical violence; 243 involved sexual abuse; 50, psychological abuse; and 35, neglect.

Reports of sexual abuse of children by teachers continued. Local education boards around the nation imposed disciplinary actions on 280 public school teachers, the highest number on record, for sexual misconduct with children from April 2018 through March 2019, an increase of 70 from the previous period, according to the Ministry of Education, Culture, Sports, Science, and Technology. The ministry dismissed 57 percent of the disciplined teachers from their teaching posts. By law their teaching licenses were invalidated, but they may obtain teaching licenses again after three years. In September a parental group submitted to the ministry approximately 54,000 signatures calling for legislative revisions to prohibit re-issuing teaching licenses to teachers dismissed for sexual misconduct with children.

Known as taibatsu, corporal punishment in sports has been a longstanding concern. In June a report detailed widespread, systemic corporal punishment of child athletes. A law enacted in April established a ban on corporal punishment, which extends to abuse in sports; however, NGOs pointed to broad ignorance of the law among the perpetrators and argued that it does not explicitly state its application to organized sports, undermining its effectiveness. Additionally, government and sports organizations have not taken steps to ensure compliance, and abuse reporting may be limited by requirements to submit claims by post or fax, which are not necessarily available to children.

Children were also subject to human rights violations via the internet. Violations included publishing photographs and videos of elementary school students in public places without their consent. The government requested site operators to remove such images, and many reportedly complied.

Child, Early, and Forced Marriage: The law stipulates that to marry, the male partner must be age 18 or older and the female partner 16 or older. A person younger than 20 may not marry without at least one parent’s approval. A law creating gender parity in the legal age to marry, 18 for both sexes, comes into force in 2022.

Sexual Exploitation of Children: Child prostitution is illegal, with penalties including prison sentences or moderate fines. Statutory rape laws criminalize sexual intercourse with a girl younger than age 13, notwithstanding her consent. The penalty for statutory rape is a sentence of not less than three years’ imprisonment with mandatory labor. The law was enforced. Additionally, national law and local ordinances address sexual abuse of minors. Possession of child pornography continues to be a crime. The commercialization of child pornography remains illegal with the penalty of imprisonment with labor for not more than three years or a moderate fine. Police continued to crack down on this crime and noted that instances of sexual exploitation via social networking services continued to rise. NGOs continued to express concern that preventive efforts more frequently targeted victims rather than perpetrators.

The continued practice of enjo kosai (compensated dating) and the existence of websites for online dating, social networking, and “delivery health” (a euphemism for call-girl or escort services) facilitated the sex trafficking of children and other commercial sex industries. NGOs reported that unemployment and stay-at-home orders established because of the COVID-19 crisis fueled online sexual exploitation of children. The government’s interagency taskforce to combat child sex trafficking in joshi kosei (or “JK” businesses)–dating services connecting adult men with underage girls–and in forced pornography continued to strengthen its crackdown on such businesses. In 2019 authorities identified 162 of these operations nationwide, up by 18 percent from the previous year. Eight individuals alleged to have been engaged in unspecified criminal activities surrounding the JK business were arrested, down from 69 in 2018. Seven major prefectures have ordinances banning JK businesses, prohibiting girls younger than age 18 from working in “compensated dating services,” or requiring JK business owners to register their employee rosters with local public safety commissions. NGOs helping girls in the JK business reported a link between these activities and the commercial sexual exploitation of children in prostitution.

The country was a site for the production of child pornography and the exploitation of children by traffickers.

No law addresses the unfettered availability of sexually explicit cartoons, comics, and video games, some of which depicted scenes of violent sexual abuse and the rape of children.

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

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.

Anti-Semitism

The total Jewish population is approximately 3,000 to 4,000. There were no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

A law prohibits discrimination against persons with physical, intellectual, mental, or other disabilities affecting body and mind and bars infringement of their rights and interests on the grounds of disability in the public and private sectors. The law requires the public sector to provide reasonable accommodations and the private sector to make best efforts in employment, education, access to health care, or the provision of other services. The laws do not stipulate remedies for persons with disabilities who experience discriminatory acts, nor do they establish penalties for noncompliance. Advocates reported the COVID-19 outbreak increased unemployment among persons with disabilities; the Ministry of Health reported that from February to June, more than 1,100 persons with disabilities were laid off, an increase of approximately 150 compared with the same period in the previous year (see section 7.d.).

Accessibility laws mandate that construction projects for public-use buildings must include provisions for persons with disabilities. The government may grant low interest loans and tax benefits to operators of hospitals, theaters, hotels, and other public facilities if they upgrade or install features to accommodate persons with disabilities. The government revised a law in May to require accessibility in public elementary and junior high school buildings. Nonetheless, persons with disabilities faced limited access to some public-sector services.

Abuse of persons with disabilities was a serious concern. Persons with disabilities around the country experienced abuse by family members, care-facility employees, and employers. Private surveys indicated discrimination against and sexual abuse of women with disabilities. Legislators expressed concern about sexual crimes and violence, especially against persons with disabilities by their relatives, schoolteachers, sports coaches, or care-facility staff.

NGOs continued to express concern that persons with disabilities tended to be stigmatized and segregated from the general population. Although some schools provided inclusive education, children with disabilities generally attended specialized schools.

Disability rights advocates reported that women with disabilities faced higher unemployment and more abuse and discrimination than men with disabilities, including insufficient access to support, and continued harassment at workplaces. Mental-health-care professionals asserted the government’s efforts to reduce the stigma of mental illness and inform the public that depression and other mental illnesses are treatable and biology based were insufficient.

Indigenous People

The law recognizes Ainu as indigenous people, prohibits discrimination against them, prohibits the violation of Ainu rights, and protects and promotes their culture. The law requires the national and local governments to take measures to support communities and boost local economies and tourism. The law does not provide for self-determination or other tribal rights, nor does it stipulate rights to education for Ainu.

Ainu continued to face poverty and barriers to education. Seeking to restore traditional practices and rights abolished during the Meiji era, in August a group of Ainu filed a lawsuit seeking an exemption from a ban on commercial salmon fishing in rivers. It was the first such lawsuit by Ainu related to their indigenous rights. The state, however, asserted that because Ainu villages disappeared due to the Meiji-era assimilation policy, there are no tribes with land and salmon-fishing rights.

Although the government does not recognize the Ryukyu (a term that includes residents of Okinawa and portions of Kagoshima Prefecture) as indigenous people, it officially acknowledged their unique culture and history and made efforts to preserve and show respect for those traditions.

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

The law requires transgender persons to be without reproductive capacity, effectively requiring surgical sterilization for most persons, in order to have their gender identity legally recognized. They also must meet additional conditions, including undergoing a psychiatric evaluation and receiving a diagnosis of “gender identity disorder,” a disorder not recognized in the International Classification of Diseases; being unmarried and older than age 20; and not having any children younger than age 20.

No law prohibits discrimination based on sexual orientation or gender identity, and there are no penalties associated with such discrimination. LGBTI advocacy organizations reported instances of discrimination, outing, bullying, harassment, and violence. A letter signed by 96 human rights and LGBTI organizations and sent to the prime minister in April urged the Liberal Democratic Party to introduce legislation to protect against discrimination on the basis of sexual orientation and gender identity.

The parents of a student who fell from a school building in 2015 after his classmates disclosed he was gay appealed the Tokyo District Court’s 2019 dismissal of their civil lawsuit seeking damages from Hitotsubashi University. As of November the case was pending at an appellate court.

In April, two all-women national universities in the country, Ochanomizu University in Tokyo and Nara Women’s University in Nara, started accepting transgender students.

According to a government survey, just more than 10 percent of companies have policies aimed at protecting the rights of sexual minorities. LGBTI rights advocates welcomed an increasing number of municipalities that introduced ordinances to ban discrimination based on gender identity or sexual orientation and recognized same-sex partnership. The Ministry of Justice received a few inquiries about potential human rights violations based on sexual orientation and gender identity in 2019, providing the inquirers with legal advice.

Stigma surrounding LGBTI persons remained an impediment to self-reporting of discrimination or abuse.

There are two openly LGBTI national legislators, both of whom are members of the opposition Constitutional Democratic Party of Japan.

HIV and AIDS Social Stigma

No law prohibits discrimination against persons with HIV/AIDS; nonbinding health ministry guidelines state that firms should not terminate or fail to hire individuals based on their HIV status. Courts have awarded damages to individuals fired from positions due to their HIV status.

Concerns about discrimination against individuals with HIV/AIDS and the stigma associated with the disease, and fear of dismissal, prevented many persons from disclosing their HIV/AIDS status.

Other Societal Violence or Discrimination

Police arrested a series of individuals who abused senior citizens, and the Health Ministry reported rising rates of physical, psychological, and sexual abuse of senior citizens, as well as nursing-care negligence by families and nursing-care center employees.

Macau

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

Women

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

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

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

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

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

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

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

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

Children

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

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

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

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

Anti-Semitism

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

Trafficking in Persons

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

Persons with Disabilities

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

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

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

Macau

Nicaragua

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, regardless of the relationship between the victim and the accused. Sentences for those convicted of rape range from eight to 12 years’ imprisonment. The law criminalizes domestic violence and provides prison sentences ranging from one to 12 years.

The government failed to enforce rape and domestic violence laws, leading to widespread impunity and reports of increased violence from released offenders emboldened by their release. The NGO Catholics for the Rights to Decide (CDD) reported that there were 69 femicides as of November, most of them committed after the victims suffered sexual violence. The government recognized 15 femicides in the same period, although it reported 36 women killed as of August. Two girls ages 10 and 12 were raped and killed in the north-central region of the country by their mother’s former partner. The mother of the girls alleged the eldest had been raped twice before and that despite reporting it to police, no action had been taken. The government continued to use FSLN-led family cabinets and CLSs in mediation processes in cases of domestic violence. Both processes were politicized and did not operate according to rule of law. The government employed limited public education, shelters, hotlines, psychosocial services, and police training in nominal and unsuccessful attempts to address the problem.

Observers reported a general increase in sexual crimes and violence against women during the year; however, data were unreliable. NGOs working on women’s issues reported that violence against women increased and that police generally understated its severity. The government reported receiving 301 reports of rape, 175 reports of aggravated rape, and 690 reports of sexual abuse between January and August 30, compared with 332 cases of rape, 248 cases of aggravated rape, and 897 cases of sexual abuse in all of 2019. The government reported solving more than 80 percent of sexual violence cases during the year, although a CDD report claimed police generally failed to investigate allegations of sexual violence and abuse. The ruling party did not coordinate with women’s rights NGOs and actively blocked their operations and access to funding.

Sexual Harassment: The law prohibits sexual harassment, and those convicted face one- to three-year sentences in prison, or three to five years if the victim is younger than 18. No information was available on government efforts to prevent or prosecute complaints of sexual harassment.

Reproductive Rights: Couples and individuals have limited rights to decide the number, spacing, and timing of their children; have the right to manage their reproductive health; and had limited access to the information and constrained means to do so free from discrimination, coercion, and violence. Rural women’s access to health care during pregnancy and childbirth was hindered by long distances to city centers and the lack of financial resources. Women in some areas, such as the RACN and the RACS, lacked widespread access to medical care or programs, and maternal death affected poor rural women more than their urban counterparts.

No legal, social, or cultural barriers or government policies adversely affected access to contraception. Adolescents, however, often faced social stigma when seeking contraception methods. No legal, social, or cultural barriers or government policies adversely affected access to skilled health attendance during pregnancy and childbirth.

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

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

Discrimination: The law provides for gender equality. Nevertheless, women often experienced discrimination in employment, obtaining credit, and receiving equal pay for similar work, as well as in owning and managing businesses. While the government enforced the law effectively in the public sector, women in positions of power faced limitations, and their authority was limited compared with that of men. Enforcement was not effective in the private sector or the larger informal sector.

Children

Birth Registration: Citizenship is derived by birth within the country’s territory and from one’s parents. Local civil registries register births within 12 months, although many persons, especially in rural areas, lacked birth certificates. Registration in rural areas was difficult due to structural constraints, and the government took no measures to address this, resulting in a number of de facto stateless persons in the country. Persons without citizenship documents were unable to obtain national identity cards and consequently had difficulty participating in the legal economy, conducting bank transactions, or voting. Such persons also were subject to restrictions in employment, access to courts, and land ownership.

Child Abuse: According to the criminal code, prison sentences for rape committed against minors range from 12 to 15 years, and for child abuse, from seven to 12 years. Government efforts were insufficient to combat child abuse and sexual violence against minors. High rates of sexual violence against teenage girls contributed to high rates of teenage pregnancy, according to UNICEF.

Child, Early, and Forced Marriage: The minimum legal age for marriage is 18 for men and women, or 16 with parental authorization. There were credible reports of forced early marriages in some rural indigenous communities. UNICEF’s 2017 State of the Worlds Children, the most recent data available, reported 41 percent of women 20 to 24 years of age were married or in a union by age 18, and 10 percent were married by age 15. No information was available on government efforts to address or prevent forced and early marriage.

Sexual Exploitation of Children: The law prohibits sexual exploitation in general and designates enticing children or adolescents to engage in sexual activity as an aggravating condition. The government generally did not enforce the law when pertaining to child sex trafficking. Penalties include 10 to 15 years in prison for a person who entices or forces any individual to engage in sexual activity and 19 to 20 years in prison for the same acts involving children or adolescents. The law defines statutory rape as sexual relations with children age 14 or younger.

The law also prohibits child pornography, and the government generally enforced it. The penalty for an individual convicted of inducing, facilitating, promoting, or using a minor for sexual or erotic purposes is 10 to 15 years in prison.

The country was a destination for child sex tourism. The law imposes a penalty of five to seven years in prison for convicted child-sex tourists.

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.

Anti-Semitism

The country has a very small Jewish population. There were no known reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

Discrimination against persons with physical, sensory, intellectual, and mental disabilities was widespread despite being prohibited by law. Laws related to persons with disabilities do not stipulate penalties for noncompliance, although penalties may be issued under the general labor inspection code. The Ministry of the Family, Ministry of Labor, and Human Rights Office are among government agencies responsible for the protection and advancement of rights of persons with disabilities. The government did not enforce the law effectively; did not mandate accessibility to buildings, information, and communications; and did not make information available on efforts to improve respect for the rights of persons with disabilities. Advocacy organizations for persons with disabilities reported persons with disabilities accounted for less than 1 percent of public-sector employees, despite the legally mandated minimum representation of 2 percent. Further reports indicated public institutions did not sufficiently coordinate with the Labor Ministry to accommodate persons with disabilities in the workplace.

Persons with disabilities faced severe problems accessing schools, public health facilities, and other public institutions. Children with disabilities attended schools with nondisabled peers; specialized school materials were not readily available and on occasion were blocked by the Ministry of Education. Anecdotal evidence suggested that children with disabilities completed secondary education at a significantly lower rate than other children. Public schools were rarely well equipped, and teachers were poorly trained in providing appropriate attention to children with disabilities. Many voting facilities were not accessible. Complaints continued regarding the lack of accessible public transportation. Some persons with disabilities reported taxi drivers often refused them service due to the perceived extra burden on the driver to aid customers with disabilities. Advocates for persons with disabilities claimed interpreters for the deaf were not accessible at schools and universities, making it difficult for these persons to obtain education. Government clinics and hospitals provided care for veterans and other persons with disabilities, but the quality of care generally was poor.

Indigenous People

Indigenous persons constituted approximately 5 percent of the population and lived primarily in the RACN and RACS. Despite having autonomous governing bodies, decisions affecting their lands, cultures, traditions, or the exploitation of energy, minerals, timber, and other natural resources on their lands were largely made or approved by national government authorities or by FSLN representatives. Individuals from five major indigenous groups–the Miskito, Sumo/Mayangna, Garifuna (of Afro-Amerindian origin), Creole, and Rama–alleged government discrimination through underrepresentation in the legislative branch.

NGOs and indigenous rights groups denounced the increasing number of killings of indigenous persons at the hands of nonindigenous populations encroaching on their lands in the RACN and RACS, and they claimed the government failed to protect the civil and political rights of indigenous communities. In January unidentified armed cattle ranchers attacked a settlement and killed eight indigenous persons in an effort to drive indigenous populations from their lands. Unidentified gunmen killed five more indigenous persons from the Mayagna community in March. Human rights defenders described the March killings of six indigenous persons in Tuahka territories in the Rosita municipality in the north of the country as being the result of land conflicts. The Oakland Institute, an NGO that investigates land thefts globally, said the government actively encouraged the illegal land seizures. Some observers alleged government and FSLN involvement in the violence against Miskito populations in the RACN along the Coco River, either by failing to defend indigenous populations or as accomplices to nonindigenous groups invading indigenous lands.

Indigenous groups continued to complain of rights violations in connection with government plans to build an interoceanic canal. Indigenous persons from rural areas often lacked birth certificates, identity cards, and land titles. Most indigenous individuals in rural areas lacked access to public services, and deteriorating roads made medicine and health care almost unobtainable for many.

Indigenous women faced multiple levels of discrimination based on their ethnicity, gender, and lower economic status.

Throughout the year indigenous leaders alleged that regional and national governments granted logging concessions to private firms and to government-affiliated businesses, such as ALBA-Forestal, and that logging continued in violation of national autonomy laws in the RACS and RACN.

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

Lesbian, gay, bisexual, transgender, and intersex (LGBTI) groups reported lack of access to justice and discrimination and lack of response from the NNP. The government and FSLN supporters frequently targeted LGBTI participants in civil protests in particular, using online smear campaigns and physical attacks in some cases. LGBTI opposition members were particularly targeted with sexual violence by the NNP, parapolice, and progovernment supporters. In September a lesbian opposition leader was raped and beaten, reportedly due to her political activism. The NNP had not investigated the case as of September. LGBTI activists said political prisoners self-censored their orientation, fearing increased abuse from prison guards. Reliable data on the breadth of such discrimination were not available. No specific laws exist to punish hate crimes against LGBTI persons.

Transgender women detained for participating in prodemocracy protests were particularly harassed while in custody. They were kept with male inmates, forced to strip in front of their peers, and specifically harangued by guards. The law does not recognize the right to gender identity self-determination, and as such the penitentiary system is not required to separate inmates based on gender identity. There were reports of attacks against Celia Cruz, a political prisoner and transgender woman, and the NNP reportedly failed to investigate the cases appropriately.

Although it does not mention sexual orientation and gender identity specifically, the law states all persons are equal before the law and provides for the right to equal protection. No laws specifically criminalize consensual same-sex sexual conduct between adults. LGBTI persons, however, continued to face widespread societal discrimination and abuse, particularly in housing, education, and employment. LGBTI organizations continued to complain the law curtailed the rights of LGBTI households by defining families as necessarily headed by a man and a woman; this definition particularly affected LGBTI households’ access to social security, survivor benefits, and adoption rights.

HIV and AIDS Social Stigma

The law provides specific protections for persons with HIV or AIDS against discrimination in employment and health services, but such persons continued to suffer societal discrimination. An administrative resolution issued by the Ministry of Health continued in effect, declaring that HIV/AIDS patients should not suffer discrimination and making available a complaints office.

South Africa

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

Women

Rape and Domestic Violence: The law criminalizes domestic violence and rape of men or women, including spousal rape, but the government did not effectively enforce the law. The minimum sentence for conviction of rape is 10 years’ imprisonment. Under certain circumstances, such as second or third offenses, multiple rapes, gang rapes, or the rape of a minor or a person with disabilities, conviction requires a minimum sentence of life imprisonment, unless substantial and compelling circumstances exist to justify a lesser sentence. Perpetrators with previous rape convictions and perpetrators aware of being HIV positive at the time of the rape also face a minimum sentence of life imprisonment, unless substantial and compelling circumstances exist to justify a lesser sentence.

In most cases of rape and domestic violence, attackers were acquaintances or family members of the victim that, together with societal attitudes, contributed to a reluctance to press charges. NGOs stated that cases were underreported especially in rural communities due to stigma, unfair treatment, fear, intimidation, and lack of trust in the criminal justice system. According to Police Minister Bheki Cele, during the first week of the COVID-19 lockdown, police received more than 87,000 rape and other gender-based violence (GBV) complaints.

There were numerous reported sexual assaults similar to the following example. In June a woman eight months pregnant was found dead hanging from a tree in Johannesburg. She and her fetus had multiple stab wounds. Muzikayise Malephane, age 31, was arrested and charged with premeditated murder. He had yet to be tried by year’s end.

SAPS reported an increase in the number of reported raped cases from 41,583 in 2018/19 to 42,289 in 2019/20. According to the National Prosecuting Authority 20192020 Annual Report, the authority achieved its highest number of successfully prosecuted sexual offense cases during the time period. It prosecuted 5,451 sexual offense cases and had 4,098 convictions, a 75 percent conviction rate.

The Department of Justice operated 96 dedicated sexual offenses courts throughout the country. Although judges in rape cases generally followed statutory sentencing guidelines, women’s advocacy groups criticized judges for using criteria, such as the victim’s behavior or relationship to the rapist, as a basis for imposing lighter sentences.

The National Prosecuting Authority operated 51 rape management centers, or Thuthuzela Care Centers (TCCs), addressing the rights and needs of victims and vulnerable persons, including legal assistance. TCCs assisted 35,469 victims of sexual offenses and related crimes during the year. A key TCC objective is prosecution of sexual, domestic violence, child abuse offenders. Approximately 75 percent of the cases it took to trial resulted in conviction.

Domestic violence was pervasive and included physical, sexual, emotional, and verbal abuse, as well as harassment and stalking. The government prosecuted domestic violence cases under laws governing rape, indecent assault, damage to property, and violating a protection order. The law requires police to protect victims from domestic violence, but police commanders did not always hold officers accountable. Conviction of violating a protection order is punishable by up to five years’ imprisonment, and up to 20 years’ imprisonment if convicted of additional criminal charges. Penalties for conviction of domestic violence include fines and sentences of between two and five years’ imprisonment.

The government financed shelters for abused women, but NGOs reported a shortage of such facilities, particularly in rural areas, and that women were sometimes turned away from shelters. In March 2019 the president signed a declaration regarding GBV against women and femicide (the killing of a girl or woman, in particular by a man) that provided for the establishment of the GBV Council and the National Strategic Plan for Gender-Based Violence and Femicide 2020-2030. In May the government began implementation of the plan. Its focus is on GBV faced by women across age, sexual orientation, sexual and gender identities, and on specific groups such as elderly women, women who live with a disability, migrant women, and transgender women.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C of girls and women, but girls in isolated zones in ethnic Venda communities in Limpopo Province were subjected to the practice. The government continued initiatives to eradicate the practice, including national research and sensitization workshops in areas where FGM/C was prevalent.

Sexual Harassment: Although prohibited by law, sexual harassment remained a widespread problem. Sexual harassment is a criminal offense for which conviction includes fines and sentences of up to five years’ imprisonment.

Enforcement against workplace harassment is initially left to employers to address as part of internal disciplinary procedures. The Department of Labor issued guidelines to employers on how to handle workplace complaints that allow for remuneration of a victim’s lost compensation plus interest, additional damages, legal fees, and dismissal of the perpetrator in some circumstances. NGOs and unions urged the government to ratify the International Labor Organization convention on the prevention of violence and harassment in the workplace. Despite presidential support, parliament had yet to ratify the convention by year’s end.

NGOs reported sexual harassment of women in the major political parties. For example, in October a female DA party member filed a complaint with police against former Tshwane mayor Solly Msimanga. Msimanga subsequently sued for defamation. Only two of the seven major parties have policies against sexual harassment.

Reproductive Rights: Couples and individuals have the right to decide freely the number, spacing, and timing of their children; to manage their reproductive health; and to have the information and means to do so free from discrimination, coercion, and violence. Contraception was widely available and free at government clinics. Emergency health care was available for the treatment of complications arising from abortion.

The government provided access to sexual and reproductive health services for survivors of sexual violence. The country has laws and policies to respond to gender-based violence and femicide, although authorities did not fully implement these policies and enforce relevant law. The law provides for survivors of gender-based violence to receive shelter and comprehensive care, including treatment of injuries, a forensic examination, pregnancy and HIV testing, provision of postexposure prophylaxis, and counseling rehabilitation services.

The maternal mortality ratio was 536 pregnancy-related deaths per 100,000 live births. According to the South Africa Demographic and Health Survey 2016, for every 1,000 live births, approximately five girls and women died during pregnancy or within two months after childbirth, 77 percent of girls and women ages 15-19 had four or more antenatal care examinations, and skilled health-care providers attended 97 percent of births.

Coercion in Population Control: There were no reports of forced abortion on the part of government authorities; however, there were reports of forced sterilizations submitted to the Commission for Gender Equality and civil society organizations during the year. In February the Commission for Gender Equality documented 48 forced sterilization procedures conducted at 15 state hospitals between 2002 and 2015. According to the commission, the procedures were largely conducted on women who gave birth via cesarean section and were HIV positive.

Discrimination: Discrimination against women remained a serious problem despite legal equality in family, labor, property, inheritance, nationality, divorce, and child custody matters. Women experienced economic discrimination in wages, extension of credit, and ownership of land.

Traditional patrilineal authorities, such as a chief or a council of elders, administered many rural areas. Some traditional authorities refused to grant land tenure to women, a precondition for access to housing subsidies. Women could challenge traditional land tenure discrimination in courts, but access to legal counsel was costly.

By law any difference in the terms or conditions of employment among employees of the same employer performing the same, substantially similar, or equal value work constitutes discrimination. The law expressly prohibits unequal pay for work of equal value and discriminatory practices, including separate pension funds for different groups in a company (see section 7.d.).

Children

Birth Registration: The law provides for citizenship by birth (if at least one parent is a permanent resident or citizen), descent, and naturalization. Registration of births was inconsistent, especially in remote rural areas and by parents who were unregistered foreign nationals. Children without birth registration had no access to government services such as education or health care, and their parents had no access to financial grants for their children.

Education: Public education is compulsory and universal until age 15 or grade nine. Public education is fee based and not fully subsidized by the government. Nevertheless, the law provides that schools may not refuse admission to children due to a lack of funds; therefore, disadvantaged children, who were mainly black, were eligible for financial assistance. Even when children qualified for fee exemptions, low-income parents had difficulty paying for uniforms and supplies. In violation of law, noncitizen children were sometimes denied access to education based on their inability to produce identification documents, such as birth certificates and immunization documents.

Child Abuse: The law criminalizes child abuse. The penalties for conviction of child abuse include fines and up to 20 years’ imprisonment. Violence against children, including domestic violence and sexual abuse, remained widespread.

There were reports of abuse of students by teachers and other school staff, including reports of assault and rape. The law requires schools to disclose sexual abuse to authorities, but administrators sometimes concealed sexual violence or delayed taking disciplinary action.

Child, Early, and Forced Marriage: By law parental or judicial consent to marry is required for individuals younger than 18. Nevertheless, ukuthwala, the practice of abducting girls as young as 14 and forcing them into marriage, occurred in remote villages in Western Cape, Eastern Cape, and KwaZulu-Natal Provinces. The law prohibits nonconsensual ukuthwala and classifies it as a trafficking offense.

Sexual Exploitation of Children: The law prohibits commercial sexual exploitation, sale, and offering or procurement of children for prostitution and child pornography. Conviction includes fines and 10 years’ imprisonment. The Film and Publications Board maintained a website and a toll-free hotline for the public to report incidents of child pornography. In October 2019 Johannes Oelofse of Alberton in Gauteng Province was sentenced to life imprisonment for conviction of repeatedly raping his daughter who had a mental disability.

International Child Abductions: The country is a party to the 1980 Hague Convention on 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.

Anti-Semitism

The South African Jewish Board of Deputies (SAJBD) estimated the Jewish community at 60,000 persons. The SAJBD recorded 69 anti-Semitic incidents between January and December, a steep increase from 37 in 2019. There were reports of verbal abuse and hate speech–especially in social media–and attacks on Jewish persons or property.

In October a district court issued the country’s first criminal conviction of anti-Semitism. The court sentenced defendant Matome Letsoalo to three years’ imprisonment. In 2008 Letsoalo posted anti-Semitic messages on Twitter that included images of Holocaust victims. In November the Randburg Magistrate Court issued a cessation order against Jan Lamprecht for posting online virulent anti-Semitism statements and personal information on SAJBD’s national vice chairperson.

Twin brothers, Brandon Lee Thulsie and Tony Lee Thulsie, arrested in 2016 for allegedly planning to set off explosives at Jewish establishments, continued to await trial in detention at year’s end. They were charged with contravening the Protection of Constitutional Democracy against Terror and Related Activities Act and with having ties to a foreign terrorist organization. On October 1, the Johannesburg High Court of Johannesburg denied bail to the brothers. They remained incarcerated at year’s end.

Trafficking in Persons

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

Persons with Disabilities

The law prohibits discrimination based on physical, sensory, intellectual, and mental disability in employment or access to health care, the judicial system, and education. The law, however, prohibits persons identified by the courts as having a mental disability from voting. Department of Transportation policies on providing services to persons with disabilities were consistent with the constitution’s prohibition on discrimination. The Department of Labor ran vocational centers at which persons with disabilities learned income-generating skills. Nevertheless, government and private-sector employment discrimination existed. The law mandates access to buildings for persons with disabilities, but such regulations were rarely enforced, and public awareness of them remained minimal.

The law prohibits harassment of persons with disabilities and, in conjunction with the Employment Equity Act, provides guidelines on the recruitment and selection of persons with disabilities, reasonable accommodation for persons with disabilities, and guidelines on proper handling of employees’ medical information. Enforcement of this law was limited.

The 20172018 Annual Report of the Department of Basic Education stated there were numerous barriers to education for students with disabilities, primarily a policy of channeling students into specialized schools at the expense of inclusive education. The department’s 2019/20 report reported progress toward a more inclusive basic education and cited expansion of “special schools” and increased enrollment of students with disabilities in both special and public schools. Separate schools frequently charged additional fees (making them financially inaccessible), were located long distances from students’ homes, and lacked the capacity to accommodate demand. Human Rights Watch reported that children with disabilities were often denied tuition waivers or tuition reductions provided to other children. Children often were housed in dormitories with few adults, many of whom had little or no training in caring for children with disabilities. When parents attempted to force mainstream schools to accept their children with disabilities–an option provided for by law–schools sometimes rejected the students outright because of their disabilities or claimed there was no room for them. Many blind and deaf children in mainstream schools received only basic care rather than education.

According to the Optimus Study on Child Abuse, Violence and Neglect in South Africa, children with disabilities were 78 percent more likely than children without disabilities to have experienced sexual abuse in the home. Persons with disabilities were sometimes subject to abuse and attacks, and prisoners with mental disabilities often received no psychiatric care. According to the NGO International Disability Alliance, on August 26, Nathaniel Julius, an unarmed boy age 16 who had Down syndrome, was shot and killed by SAPS officers. Police allegedly shot the boy when he did not respond to questioning. The officers were charged with murder (see section 1.a.).

Indigenous People

The NGO Working Group of Indigenous Minorities in Southern Africa estimated there were 7,500 indigenous San and Khoi in the country, some of whom worked as farmers or farm laborers. By law the San and Khoi have the same political and economic rights as other citizens, although the government did not always effectively protect those rights or deliver basic services to indigenous communities. Indigenous groups complained of exclusion from land restitution, housing, and affirmative action programs. They also demanded formal recognition as “first peoples” in the constitution. Their lack of recognition as first peoples excluded them from inclusion in government-recognized structures for traditional leaders. Their participation in government and the economy was limited due to fewer opportunities, lack of land and other resources, minimal access to education, and relative isolation.

In August 2019 the president signed into law the Protection, Promotion, Development and Management of Indigenous Knowledge Bill that established the National Indigenous Knowledge Systems Office, which is responsible for managing indigenous communities’ rights.

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

The constitution prohibits discrimination based on sexual orientation. The law prohibits discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons in housing, employment, nationality laws, and access to government services such as health care. In March 2019 the High Court of Gauteng ruled that the Dutch Methodist Church’s ban on solemnizing same-sex marriages was unconstitutional.

Despite government policies prohibiting discrimination, there were reports of official mistreatment or discrimination based on sexual orientation or gender identity. For example, there were reports of security force members raping LGBTI individuals during arrest. A 2018 University of Cape Town report underscored violence and discrimination, particularly against lesbians and transgender individuals. The report documented cases of “secondary victimization” of lesbians, including cases in which police harassed, ridiculed, and assaulted victims of sexual and GBV who reported abuse. LGBTI individuals were particularly vulnerable to violent crime due to anti-LGBTI attitudes within the community and among police. Anti-LGBTI attitudes of junior members of SAPS affected how they handled complaints by LGBTI individuals.

HIV and AIDS Social Stigma

HIV and HIV-related social stigma and discrimination in employment, housing, and access to education and health care remained a problem, especially in rural communities. In June 2019 Deputy President David Mabuza stated, “We are not doing well in preventing new (HIV) infections. It is estimated that there are approximately 250,000 new infections annually, and our target is to get below 100,000 new infections by December 2020. This gap is big, and it must be closed.”

Other Societal Violence or Discrimination

There were reports persons accused of witchcraft were attacked, driven from their villages, and in some cases killed, particularly in Limpopo, Mpumalanga, KwaZulu-Natal, and Eastern Cape Provinces. Victims were often elderly women. Traditional leaders generally cooperated with authorities and reported threats against persons suspected of witchcraft.

Persons with albinism faced discrimination and were sometimes attacked in connection with ritual practices.

In August 2019 a court convicted a teacher in Mpumalanga Province of murdering and dismembering a teenage student with albinism. The suspect was convicted and sentenced to imprisonment of two life terms. Three alleged accomplices were charged and pled not guilty. They had yet to be tried by year’s end.

Ritual (muthi) killings to obtain body parts believed by some to enhance traditional medicine persisted. Police estimated organ harvesting for traditional medicine resulted in 50 killings per year.

NGOs reported intimidation and violent attacks on rural land rights activists. On October 27, environmental activist Fikile Ntshangase was killed in her home. As a prominent member of the Mfolozi Community Environmental Justice Organization, she had been involved in legal proceedings protesting expansion in KwaZulu-Natal Province of one of the country’s largest open coal mines. No arrests were made. Another member of her community critical of the coal mine survived a drive-by shooting of his home. The South African Human Rights Commission called on the government to create a safe environment for activists to exercise their rights, including acting on threats against activists.

Discrimination against members of religious groups occurred. In June 2019 a female SANDF member Major Fatima Isaacs was ordered to remove her religious headscarf from beneath her military beret. She refused the order. In January SANDF dropped charges against Isaacs of willful defiance and disobeying a lawful command. A spokesperson for Major Isaacs stated that a complaint regarding discrimination across a wide range of SANDF policies would be filed with the Equality Court.

Tibet

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

Women

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

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

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

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

Children

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

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

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

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

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

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

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

Anti-Semitism

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

Trafficking in Persons

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

Persons with Disabilities

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

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

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

Promotion of Acts of Discrimination

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

Uganda

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

Women

Rape and Domestic Violence: The law criminalizes rape of women, which is punishable by life imprisonment or death. The law does not address spousal rape. The penal code defines rape as “unlawful carnal knowledge of a woman or a girl without her consent.” Men accused of raping men are tried under a section of the penal code that prohibits “carnal knowledge of any person against the order of nature.” The law also criminalizes domestic violence and provides up to two years’ imprisonment for conviction.

Rape remained a common problem throughout the country, and the government did not effectively enforce the law. Local media reported numerous incidents of rape, often involving kidnapping and killings of women, but authorities were often unable to investigate and hold perpetrators accountable. Local media often reported that perpetrators of rape included persons in authority, such as religious leaders, local government officials, UPF and UPDF officers, health-care workers, media personalities, teachers, and university staff. According to local media and local civil society organizations, rape victims often believed they were powerless to report their abusers, in part to avoid stigmatization. Civil society organizations and local media reported that, even when women reported cases of rape to the police, UPF officers blamed the women for causing the rape by dressing indecently, took bribes from the alleged perpetrators to stop the investigation and to pressure the victims into withdrawing the cases, or simply dismissed the accusations and refused to record them. According to civil society organizations, UPF personnel lacked the required skills for collection, preservation, and management of forensic evidence in sexual violence cases. Civil society organizations also reported that some police stations lacked female officers on the staff, which discouraged rape victims from reporting their cases. For example, on January 1, several women posted that radio presenter and employee of the state-owned Vision Group Charles Denzel Mwiyeretsi had raped or attempted to rape them. Vision Group’s chief executive said on January 2 that Mwiyeretsi would face a company disciplinary committee, but the company had not revealed details of its investigations by year’s end.

Women’s rights activists reported the government used the law to silence women and stop them from identifying their abusers online. On February 20, the UPF arrested university student Sheena Bageine, accusing her of cyberharassment and offensive communication after she posted the names of numerous men she alleged were rapists. The UPF released Bageine on February 21 without formally charging her.

Gender-based violence was common and became increasingly prevalent after March, when the government enforced a lockdown to combat the COVID-19 pandemic. Civil society organizations reported the lockdown saw an increase in violent resolution of domestic disputes, which adversely affected women. On August 1, a 46-year-old teacher, Simon Shimanya, struck his wife with a pickax at their home in Kasangati, Kampala and killed her. On August 13, the UPF arrested Shimanya 200 miles from Kampala. On August 25, a court found Shimanya guilty of manslaughter and later sentenced him to 17 years in prison.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C and establishes a maximum penalty of 10 years’ imprisonment for convicted perpetrators, or life imprisonment if the victim dies. According to the 2016 Demographics and Health Survey, 0.3 percent of the female population younger than age 50 had undergone FGM/C. On February 5, State Minister for Gender, Labor, and Social Development Peace Mutuuzo reported that persons practicing FGM/C had co-opted health-care workers, who allowed them to carry out the procedures in hospitals, to create the impression that it was safer. Minister Mutuuzo also reported that persons aspiring to political office in the 2021 general elections made public statements in support of FGM/C. Minister Mutuuzo also reported the government allocated 200 million Ugandan shillings ($54,000) to combat FGM/C but declared that this was only one-sixth of the required sum.

Other Harmful Traditional Practices: According to local media and NGOs, violence against widows and acid attacks were prevalent. NGOs reported that widows in remote areas experienced sexual violence at the hands of their deceased husband’s family and lost their rights to property.

Sexual Harassment: The law criminalizes sexual harassment and provides for penalties of up to 14 years’ imprisonment, but authorities did not effectively enforce the law. Sexual harassment was a widespread problem in homes, schools, universities, workplaces, public transport, public spaces, and in the music and entertainment industry. Local media reported numerous incidents of senior executives, public servants in the legislature and judiciary, and music producers who demanded sexual favors from female subordinates in exchange for job retention, promotion, and nomination for official trips. In March numerous emerging women musicians reported on television that music producer and songwriter Andrew Ojambo, also known as Daddy Andre, had attempted to or had forced them into sexual relationships with him at a studio in his bedroom as a precondition for recording or promoting their songs. Ojambo denied the allegations.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children. The law criminalizes abortion although the government seldom enforced these provisions. All individuals have the right to manage their reproductive health and have access to the information and means to do so, free from coercion and violence. LGBTI organizations reported that some public health facilities discriminated against LGBTI persons seeking reproductive healthcare services. Family planning information and assistance were difficult to access, particularly in rural areas, where there were few healthcare providers.

Local media and civil society organizations reported that a government lockdown to control the spread of COVID-19, which prohibited public transport between March and July, prevented many women from accessing reproductive health services. Local media reported that as a result, women could not travel to healthcare providers to receive reproductive health services. Local media reported that the ban on public transport led to shortages of contraception in some parts of the country because there were no means for resupplying remote areas. The lockdown forced some reproductive health service providers to close after authorities denied them special permits to operate. The UN Population Fund (UNFPA) and local civil society organizations reported that men’s lack of support for, or active opposition to, family planning deterred some women from using contraception.

Local media and civil society organizations reported that the government lockdown to prevent the spread of COVID-19 adversely affected access to skilled health attendants during pregnancy and childbirth. On March 30, the president banned all private passenger travel and directed that individuals seeking medical care travel only with written authorization from the resident district commissioner. This was rescinded for pregnant women on April 15, although the ban continued to be sporadically enforced. Local media reported several incidents of police officers and Local Defense Unit soldiers (a militia-like reservist corps) beating pregnant women found travelling to prenatal appointments without authorization. Local media reported that during the lockdown, some public health-care providers suspended neonatal and prenatal care services and turned away pregnant women because their staffs were unable to travel to their workplaces.

Maternal mortality was high at 375 deaths per 100,000 live births, according to the World Health Organization and local civil society organizations. Media attributed the high rate to a lack of access to skilled medical care for pregnant women, a preference for traditional birth attendants over skilled medical workers, and unsafe abortions. According to UNFPA, the modern contraceptive prevalence rate was 36.3 percent. Female genital mutilation (FGM) occurred and, according to UNFPA, was a driver for obstetric fistula.

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

Discrimination: The law provides women the same legal status and rights as men, but the government did not enforce the law effectively. Local NGOs reported numerous cases of discrimination against women, including in divorce, employment, education, and owning or managing businesses and property. Many customary laws discriminate against women in adoption, marriage, divorce, and inheritance. Under customary laws in many areas, widowed women cannot own or inherit property or retain custody of their children. Local NGOs reported that the government occasionally paid significantly less compensation to women than men in exchange for land it repossessed, while in some cases, it forcefully evicted women without compensation. Traditional divorce law in many areas requires women to meet stricter evidentiary standards than men to prove adultery. In some ethnic groups, men can “inherit” the widows of their deceased brothers. The law does not recognize cohabiting relationships, and women involved in such relationships have no judicial recourse to protect their rights.

Children

Birth Registration: The law accords citizenship to children born inside or outside the country if at least one parent or grandparent is a citizen at the time of birth. Abandoned children younger than age 18 with no known parents are considered citizens, as are children younger than 18 adopted by citizens.

The law requires citizens to register a birth within three months. Lack of birth registration generally did not result in denial of public services, although some primary schools, especially those in urban centers, required birth certificates for enrollment. Enrollment in public secondary schools, universities, and other tertiary institutions required birth certificates.

Education: The law provides for compulsory education through the completion of primary school by age 13, and the government provided tuition-free education in select public primary and secondary schools (ages six to 18 years). Parents, however, were required to provide lunch and schooling materials for their children, and many parents could not afford such expenses. Local media and civil society organizations reported that child, early, and forced marriages and teenage pregnancy led to a higher rate of school dropouts for girls than for boys.

Child Abuse: The law prohibits numerous forms of child abuse and provides monetary fines, five years’ imprisonment, or both for persons convicted of abusing children’s rights. Victims’ parents, however, often opted to settle cases out of court for a cash or in-kind payment. Corporal punishment in schools is illegal and punishable by up to three year’s imprisonment. The law also provides for protection of children from hazardous employment and harmful traditional practices, including child marriage and FGM/C. Despite the law, a pattern of child abuse existed in sexual assault, physical abuse, ritual killings, early marriage, FGM/C, child trafficking, infanticide, and child labor, among other abuses. Traditional healers (witch doctors) kidnapped and killed children to use their organs for ancestral worship. Local NGOs reported cases in which wealthy entrepreneurs and politicians paid traditional healers to sacrifice children to ensure their continued wealth and then bribed police officers to stop the investigations. On August 3, local media reported that a community in Soroti Town had lynched Thomas Ekwaru, 25, after he confessed to killing his three-year-old niece in ancestral worship. Ekwaru said he had killed his niece to cleanse her deaf parents of evil spirits. Local media reported that in the vast majority of schools, beating with a cane was the preferred method of discipline. A 2018 UNICEF report stated that three in four children had experienced physical violence both at home and in school. Government statistics also showed that more than one in three girls experienced sexual violence during her childhood, and that most did not report the incidents because they feared they would be shamed or embarrassed. Local media, civil society organizations, and the government reported they registered an increase in child abuse after the government closed schools in March as part of a lockdown to prevent the spread of COVID-19. Civil society organizations reported that children experienced increased violence at home through beatings by their parents and guardians as a disciplinary measure.

The Lord’s Resistance Army, an armed group of Ugandan origin operating in the DRC, South Sudan, and the Central African Republic, continued to hold children against their will.

Child, Early, and Forced Marriage: The legal minimum age for marriage is 18, but authorities generally did not enforce this law. According to UNICEF in 2017, 40 percent of girls were married before age 18 and 10 percent were married before age 15. Local media, civil society organizations, and government officials reported that after the country instituted a lockdown in March to combat COVID-19, families married off children between the ages 13 and 17 to raise revenue through dowry payments to replace income lost during the pandemic. The minister of education and sports, the minister of gender, labor, and social development, and the minister of information and communications technology each called separately on communities to report child marriages and for police to investigate them adequately.

Sexual Exploitation of Children: The law prohibits commercial sexual exploitation, the sale and procurement of sexual services, and practices related to child pornography. It sets the minimum age for consensual sex at 18 years. The law defines “statutory rape” as any sexual contact outside marriage with a child younger than 18, regardless of consent or age of the perpetrator, carrying a maximum penalty of death. The government did not enforce the law effectively, however, and the problem was pervasive. Local media reported that pimps along major cargo transit towns worked in tandem with bar and motel owners to place children on their premises as sex workers to a largely truck driver clientele. Civil society organizations also reported that pimps placed children to work as sex workers in places that tourists frequented.

Infanticide or Infanticide of Children with Disabilities: On September 14, media reported that some parents of children with disabilities abandoned them in the bush or threw them in pit latrines to die.

Displaced Children: Local civil society organizations and media reported that poverty and famine drove families in the remote northeast Karamoja region to send many children to Kampala to find work and beg on the streets. Civil society organizations reported that traffickers often manipulated families in Karamoja to sell their children to traffickers for 50,000 Ugandan shillings ($13.50) with promises the children would obtain a good education or a profitable job. Instead, traffickers forced the children to beg on the streets of Kampala or other major cities and gave them almost none of what they earned. Kampala City authorities worked with civil society organizations to return Karamojong street children to their families, but often the families soon returned the children to the streets because they partly depended on their collections to maintain their households.

Institutionalized Children: Local NGOs reported the UPF often detained child and adult suspects in the same cells and held them beyond the legal limit of 48 hours prior to arraignment.

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

Anti-Semitism

The Jewish population had approximately 2,000 members centered in Mbale District, in the eastern part of the country. There were no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, or mental disabilities. It provides for access to education, employment, health services, information, communications, buildings, transportation, and the judicial system for persons with disabilities, but the government did not effectively enforce the law. Local media and activists for persons with disabilities reported that persons with disabilities experienced social prejudice and discrimination in social service delivery and in access to public spaces. Disability rights activists reported government requirements for every person to wear a face mask as part of its public health regulations to mitigate the spread of COVID-19 discriminated against deaf persons, who needed sign language–often accompanied by mouthing words–to communicate. Disability rights activists also highlighted that the president issued important policy speeches on television regarding COVID-19 without providing sign language interpretation for deaf persons. Local media reported some parents with children with disabilities hid them from the public out of shame, while some physically restrained them by tethering them to tree trunks. Local civil society organizations reported the government neither ran any support programming for persons with albinism, nor made an effort to establish the number of those with albinism or their concerns.

Indigenous People

Indigenous minorities continued to accuse the government of marginalization that disabled them from participating in decisions affecting their livelihood. Civil society organizations reported the government continued in its refusal to compensate the Batwa people, whom it displaced from lands it designated as forest reserves. The government, however, announced in August that it would compensate and return game park land in the eastern part of the country back to the Benet people, whom it had evicted in the 1920s. Civil society organizations reported government failed to protect the Batwa people from discrimination, exploitation at work, and sexual violence. Civil society organizations reported that persons from other communities raped Batwa women because they believed that sexual intercourse with one cured HIV/AIDS.

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

Consensual same-sex sexual conduct is criminalized according to a colonial-era law that criminalizes “carnal knowledge of any person against the order of nature” and provides for a penalty of up to life imprisonment. Attempts to “commit unnatural offences,” as laid out in the law, are punishable with seven years of imprisonment. The government occasionally enforced the law. Although the law does not restrict freedoms of expression or peaceful assembly for those speaking out in support of the human rights of LGBTI persons, the government severely restricted such rights. The law does not prohibit discrimination against LGBTI persons in housing, employment, nationality laws, or access to government services.

LGBTI persons faced discrimination, legal restrictions, harassment, violence, and intimidation. Authorities incited, perpetrated, and tolerated violence against LGBTI individuals and blocked some meetings organized by LGBTI persons and activists. On July 19, local government authorities in Kyenjojo Town disrupted a meeting of LGBTI persons organized by the Western Uganda Faith-based Organizations Network, accusing it of breaching COVID-19 rules. Local civil society organizations reported that public and private health-care services turned away LGBTI persons who sought medication and some health-care providers led community members to beat LGBTI persons who sought health care. Local civil society organizations reported that some LGBTI persons needed to pay bribes to public health-care providers before they received treatment. According to civil society organizations, UPF and LDU officers–together with local government officials–raided the Children of the Sun Foundation shelter in Kyengera Town on March 29 and arrested 20 LGBTI persons, accusing them of violating COVID-19 public health guidelines by gathering in a closed space. Activists said the mayor of Kyengera, Abdul Kiyimba, personally beat two of the suspects “as he questioned them about their homosexuality.” Lawyers for the group reported prison authorities repeatedly denied them access to their clients while in pretrial detention, citing government restrictions on movement aimed at combatting COVID-19. On May 15, after the LGBTI persons’ lawyers filed suit, the UPS granted the lawyers access to the 20 LGBTI persons, two of whom stated UPS wardens subjected them to forced anal exams. On May 19, the UPS released 19 LGBTI persons, after the Office of the Director of Public Prosecution dropped all charges on May 15. The UPS released the final person on May 27. LGBTI activists reported on July 21 that they had sued the Kitalya prison deputy commander, Philemon Woniala, and Kyengera mayor Abdul Kiyimba for torture and inhuman treatment. The case continued at year’s end.

HIV and AIDS Social Stigma

Although the law prohibits discrimination against persons with HIV/AIDS, discrimination and stigma were common and inhibited these persons from obtaining treatment and support. Local civil society organizations reported the stigma resulted from limited public knowledge about the methods of HIV transmission as well as “the belief that having HIV is shameful.” Civil society organizations reported that stigma pushed persons with HIV to exclude themselves from social services and employment opportunities, including care programs. Local media and civil society organizations reported numerous incidents of parents who abandoned children with HIV and of persons, particularly men, who abandoned spouses who had HIV. The UPF, UPS, and UPDF regularly refused to recruit persons who tested positive for HIV, claiming their bodies would be too weak for the rigorous training and subsequent deployment.

In cooperation with the government, international and local NGOs sponsored public awareness campaigns to eliminate the stigma of HIV/AIDS. Government and HIV/AIDS counselors encouraged the population to test for and share information concerning HIV/AIDS with their partners and family. Persons with HIV/AIDS formed support groups to promote awareness in their communities.

Other Societal Violence or Discrimination

Mob violence remained a problem. Communities often resorted to mob violence due to a lack of confidence in the UPF and the judiciary to deliver justice. They attacked and killed persons suspected of robbery, homicide, rape, theft, ritual sacrifice, and witchcraft, among other crimes. Mobs often beat, lynched, burned, and otherwise brutalized their victims. On May 3, local media reported that a community in Kakiri Town attacked a man they found in possession of a stolen handbag, beat him, and cut off one of his legs.

Vietnam

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

Women

Rape and Domestic Violence: The law prohibits using or threatening violence against women, including rape, spousal rape, “other sexual contacts,” and “forced sex crimes.” It also criminalizes the rape of men. Conviction for rape is punishable by imprisonment of up to 15 years, depending on the severity of the case. Authorities prosecuted rape cases but did not release arrest, prosecution, conviction, or punishment statistics. There was little information on the prevalence of rape or on reporting of the crime.

Authorities treated domestic violence cases as civil cases unless the victim suffered injuries to more than 11 percent of the body. The law specifies acts constituting domestic violence and stipulates punishments for convicted perpetrators ranging from warnings to imprisonment for up to three years.

Domestic violence against women was common. The Women’s Union reported in November 2019 that at least 58 percent of married women were worried about domestic violence on a daily basis and that 87 percent did not seek help. Officials acknowledged domestic violence was a significant social concern, and media discussed it openly. Social stigma prevented many survivors from coming forward due to fear of harassment from their spouses or family.

While police and the legal system generally remained unequipped to deal with cases of domestic violence, the government, with the help of international and domestic NGOs, continued to train police, lawyers, community advocates, and judicial officials in the law; supported workshops and seminars that aimed to educate women and men about domestic violence and women’s rights; and highlighted the problem through public-awareness campaigns.

Sexual Harassment: The law prohibits sexual harassment in the workplace. Publications and ethics training for public servants did not, however, mention the problem of sexual harassment.

In serious cases victims may sue offenders outside the workplace under a law that deals with “humiliating other persons” and specifies punishments for conviction that include a warning, noncustodial reform for up to two years, or a prison term ranging from three months to two years.

Reproductive Rights: The constitution stipulates that society, families, and all citizens implement “the population and family planning program.” The law affirms an individual’s right to choose contraceptive methods; to access gynecological diagnosis, treatment, and check-ups during pregnancy; and to obtain medical services when giving birth at health facilities. The government generally enforced these provisions.

The law states that couples or individuals have the right to give birth to one or two children, with exceptions based on government decree. There is no legal provision punishing most citizens who have more children than the stipulated number, although regulatory penalties apply to CPV members and public-sector officials.

The CPV, certain ministries, and some localities issued their own regulations, applying only to party members and government officials, regarding family size. A politburo decree subjects party members to reprimand if they have three children, removes them from a ranking position if they have four, and expels them from the CPV if they have five. Violating the decree also decreases the likelihood of promotion and may lead to job termination. The CPV did not enforce these provisions consistently.

The Population and Reproductive Health Strategy for 2011-20 applies to all citizens and strives to maintain the average number of children per reproductive-age couple at 1.8. The government, primarily through broad media campaigns, maintained its strong encouragement of family planning.

Access to sexual and reproductive health services was provided to all persons, including survivors of sexual violence.

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

The constitution stipulates society, families, and all citizens implement “the population and family planning program,” which allows couples or individuals the right to have one or two children, with exceptions based on government decree. No legal provision punishes citizens who have more than two children.

The CPV and certain government ministries and local governments issued their own regulations on family size for their staff. A decree issued by the politburo, for example, subjects CPV members to official reprimand if they have three children, removes them from a ranking position if they have four children, and expels them from the CPV if they have five children. Violating the decree also decreases the likelihood of promotion and may lead to job termination. The CPV did not enforce these provisions consistently.

Discrimination: The law provides for gender equality, but women continued to face societal discrimination. Despite the large body of law and regulation devoted to protecting women’s rights in marriage and the workplace as well as provisions that call for preferential treatment, women did not always receive equal treatment in employment, education, or housing, particularly in rural areas.

Although the law provides for equal inheritance rights for men and women, a son was more likely to inherit property than a daughter, unless otherwise specified by a legal document such as a will.

Gender-biased Sex Selection: According to 2019 data from the Ministry of Health, the average male to female sex ratio at birth was 111.5 boys to 100 girls, far from the natural norm of 104-106 boys to 100 girls. To address the issue of gender-biased sex selection, the government prohibits gender identification prior to birth and gender-based violence and discrimination. Violations of these provisions are subject to fines or even imprisonment. At the local or provincial level, some authorities give cash incentives for giving birth to female children. For example, Hau Giang provincial authorities awarded couples that give birth to two female children a one-time payment of 390,000 to 1.3 million dong ($17 to $56). In some provinces women enjoy preferences in such areas as education, vocational training, and starting a business.

Children

Birth Registration: By law the government considers anyone born to a citizen parent to be a citizen. Persons born to non-Vietnamese parents may also acquire citizenship under certain circumstances.

Children born to stateless parents or to a stateless mother and unknown father may acquire Vietnamese citizenship if the stateless parents or stateless mother are permanent residents, making the process difficult in most cases.

The law requires a birth certificate to access public services, such as education and health care. Nonetheless, some parents, especially from ethnic minorities, chose not to register their children, and local authorities prevented some parents from registering children to discourage internal migration.

Education: By law education is free, compulsory, and universal through age 14, but school fees were common. Under a government subsidy program, ethnic-minority students were exempt from paying school fees. Authorities also did not always enforce required attendance laws or enforce them equally for boys and girls, especially in rural areas, where government and family budgets for education were limited and children’s labor in agriculture was valuable.

Gender gaps in education declined, but certain gaps remained. There were substantial differences in the education profile of men and women at the postsecondary level, notably in applied technology programs.

The government sometimes denied education to children from families not registered in their locality, with particular discriminatory effect on H’mong communities in the Central Highlands and on the children of some political and religious activists.

Child Abuse: The government did not effectively enforce existing laws on child abuse, and physical and emotional mistreatment was common.

Observers concurred that violence against children occurred in many settings including schools and homes and was usually inflicted by someone known to the child. The most common types of school violence were bullying and corporal punishment by teachers. The number of reported cases of child abuse, especially child sexual abuse, was increasing. UNICEF stated in July 2019 there were no effective interdisciplinary child- and gender-sensitive procedures or processes for handling child-abuse reports and that the responsibilities of government agencies were unclear. The child protection workforce, from social workers to relevant professionals such as police, judges, prosecutors, teachers, and medical experts, was poorly trained, uninformed, and generally insufficient to address the problem, especially at local levels.

Child, Early, and Forced Marriage: The legal minimum age of marriage is 18 for girls and 20 for boys, and the law criminalizes organizing marriage for, or entering into marriage with, an underage person.

Sexual Exploitation of Children: The law criminalizes all acts of sale or deprivation of liberty of children as well as all acts related to the exploitation of children in prostitution and forced child labor for children younger than 16. The exploitation of children in prostitution is not fully criminalized for 16- and 17-year-old children. Sentences for those convicted range from three years’ to life imprisonment and significant fines. The law specifies prison sentences for conviction of acts related to the exploitation of children in prostitution, including harboring prostitution (12 to 20 years), brokering prostitution (seven to 15 years), and buying sex with minors (three to 15 years). The production, distribution, dissemination, or sale of child pornography is illegal, and a conviction carries a sentence of three to 10 years’ imprisonment. The country is a destination for child sex tourism.

The law prohibits all acts of cruel treatment, humiliation, abduction, sale, and coercion of children into any activities harmful to their healthy development and provides for the protection and care of disadvantaged children.

The minimum age for consensual sex is 18. Conviction for statutory rape may result in life imprisonment or capital punishment. Penalties for sex with minors between the ages of 16 and 18 vary from five to 10 years in prison, depending upon the circumstances. The penalty for rape of a child between the ages of 13 and 16 is seven to 15 years’ imprisonment. If the victim becomes pregnant, the rape is incestuous, or the offender is in a guardianship position to the victim, the penalty increases to 12 to 20 years’ imprisonment. The law considers all cases of sexual intercourse with children younger than 13 to be child rape, with sentences ranging from 12 years’ imprisonment to death. The government enforced the law, and convicted rapists received harsh sentences.

Displaced Children: Media outlets reported approximately 22,000 children lived on the streets and sometimes experienced police harassment, sexual exploitation, and abuse.

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

Anti-Semitism

There were small communities of Jewish foreigners in Hanoi and Ho Chi Minh City; there were no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

The constitution provides for the protection of persons with mental and physical disabilities. The law prohibits discrimination against or mistreatment of persons with physical disabilities, mental disabilities, or both and protects their right to access education and other state services, but the government struggled to enforce these provisions. Persons with disabilities faced widespread social stigmatization. The law protects the rights of persons with disabilities, including their access to education, employment, health services, information, communications, buildings, transport, the judicial system, and other state services; however, the majority of persons with disabilities faced challenges in exercising their rights.

Services for persons with disabilities were often unavailable, and declared policies were not implemented. For example, while the law requires new construction or major renovations of government and large public buildings to include access for persons with disabilities, enforcement was sporadic, particularly outside major cities.

Access to education for children with disabilities, particularly deaf children and those with intellectual disabilities, remained extremely limited.

There is no legal restriction on the right of persons with disabilities to vote, but many polling stations were inaccessible to persons with physical disabilities.

While the provision of social services to persons with disabilities remained limited, the government made some efforts to support the establishment of organizations of persons with disabilities and consulted them in the development or review of national programs, such as the National Poverty Reduction Program, vocational laws, and various education policies. The National Committee on Disabilities, the Vietnam Federation on Disability, and their members from various ministries worked with domestic and foreign organizations to provide protection, support, physical access, education, and employment. The government operated a small network of rehabilitation centers to provide long-term, in-patient physical therapy.

NGOs reported they continued to face challenges applying for funding and offering training for disability-related programs from certain provincial governments, which hampered access for international experts to conduct training.

HIV and AIDS Social Stigma

Individuals with HIV continued to face discrimination when obtaining and holding employment. Being arrested and detained in compulsory rehabilitation centers for continued use of heroin or methamphetamine also prevented drug users from accessing HIV and health services, although such treatment is considered a basic right of such patients.

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