The northern part of Cyprus has been administered by Turkish Cypriots since 1974 and proclaimed itself the “Turkish Republic of Northern Cyprus” in 1983. The United States does not recognize the “Turkish Republic of Northern Cyprus,” nor does any country other than Turkey. In 2020 Ersin Tatar was elected “president” in free and fair elections. In 2018 voters elected 50 “members of parliament” in free and fair elections. The “Turkish Republic of Northern Cyprus” “constitution” is the basis for the “laws” that govern the area administered by Turkish Cypriot authorities.

Police are responsible for enforcement of the “law.” The “chief of police” reports to a “general,” who is nominally under the supervision of the “prime ministry,” which holds the security portfolio. Police and Turkish Cypriot security forces are ultimately under the operational command of the Turkish armed forces, as provided by the “constitution,” which entrusts responsibility for public security and defense to Turkey. Authorities maintained effective control over the security forces. Members of the security forces committed some abuses.

Significant human rights issues included: serious restrictions on freedom of expression and the press including criminal libel laws; refoulement of asylum seekers; serious acts of corruption; lack of investigation of and accountability for violence against women; trafficking in persons; and crimes involving violence or threats of violence targeting members of national minorities.

Authorities took steps to investigate officials following allegations of human rights abuses. There was evidence, however, of impunity.

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

There were no reports the “government” or its agents committed arbitrary or unlawful killings. The police force and “military court” are responsible for investigating and pursuing prosecutions for alleged arbitrary or unlawful killings.

b. Disappearance

There were no reports of disappearances by or on behalf of “government” authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The “law” prohibits such practices, but there were reports during the year that police abused detainees. The “law” does not refer explicitly to torture but does prohibit police mistreatment of detainees under the section of the “criminal code” that deals with assault, violence, and battery.

The “attorney general’s office” reported they received three complaints concerning police battery and use of force during the year and had launched investigations into all three cases.

The “attorney general’s office” reported investigating two complaints concerning police battery and use of force in 2019. One of the cases involved alleged police brutality. Based on hospital documents and nurse testimony, the “attorney general’s office” determined that the complainant’s injuries resulted from a traffic accident that occurred three days prior to the alleged abuse. The complainant was charged with providing false statements to the police. The “attorney general’s office” was considering whether any further action was needed at year’s end.

The “attorney general’s office” completed a 2018 investigation against a police officer. Due to the pandemic, the trial had not yet started at year’s end.

In August 2019 local press published a video showing a Turkish Cypriot police officer kicking a detained tourist in the presence of other officers at the Ercan (Tymbou) airport. According to local press, the detainee was drunk and yelled at police for getting his cell phone wet during the security screening. Police suspended the officer from duty and completed the investigation. A “court” hearing was scheduled to take place in October.

In July a local newspaper interviewed two female international students who reported that while they were waiting for a cab, they were forced into a vehicle by four undercover police officers, beaten in the vehicle and police station, and then released 24 hours later without any explanation. The students reported that the police officers hit their heads on the concrete at the station. The women reported the incident to the press and filed a complaint at a police station. Press published photos of their bruised faces. The “attorney general’s office” reported appointing a “prosecutor” and launching an investigation.

Prison and Detention Center Conditions

Prison and detention center conditions did not meet international standards in a number of areas, in particular for sanitary conditions, medical care, heating, and access to food.

Physical Conditions: The “Central Prison,” the only prison in the area administered by Turkish Cypriots, is in the northern part of Nicosia and has a stated capacity of 311 inmates. According to authorities, additional rooms were converted into cells and a bunkbed system was installed to increase the capacity to 568. As of September it reportedly held 587 prisoners and pretrial detainees. Authorities reported that at its peak during the year, the total number of prisoners and pretrial detainees at the “Central Prison” reached 635. As of October there were no juveniles at the “Central Prison.”

Nongovernmental organizations (NGOs), media, and the “ombudsman” reported overcrowding remained a problem. An NGO reported receiving complaints about overcrowding and police mistreatment of detainees in police detention centers. Most of the complaints alleged inhuman detention conditions and that police officers verbally abused the detainees. The prison did not separate adults and juveniles, and there were no detention or correction centers for children. Due to lack of space, pretrial detainees and prisoners occupied the same cells. NGOs reported conditions were better in the women’s section of the prison.

In March media outlets reported the “Central Prison” was operating above capacity and inmates were sharing mattresses placed on the ground and in the corridors. In the same month, inmates began a hunger strike citing unhealthy conditions due to the COVID-19 pandemic and demanding temporary release. Their families gathered outside the prison urging the “government” to improve prison conditions. When tensions rose after protesters started a fire, 10 persons were detained and then released.

In March a local newspaper reported that approximately 93 pretrial inmates were released due to a change in the “parole board regulations.” They had been unable to post bail and were being held pending trial but were offered lower bail amounts as part of their release. In April the “ministry of interior” claimed that the release of inmates from the “Central Prison” helped minimize the risk of COVID-19 but offered no specifics on those released.

NGOs reported that lack of security cameras at detention centers and in parts of the “Central Prison” allowed police officers and prison guards to abuse detainees with impunity. An NGO reported there were two deaths at the “Central Prison” that were not investigated and alleged that there were signs of drug overdose.

In June a local newspaper reported that the “Central Prison” had admitted a new convict without administering a COVID-19 test, in violation of standard practice, and therefore had risked the health of approximately 500 inmates.

NGOs reported that detainees frequently received no food while held, sometimes for periods longer than a day. They instead relied on relatives to bring them food.

NGOs reported sanitation remained a significant problem in the “Central Prison” and that inadequate access to hot water failed to meet inmates’ hygiene needs. Authorities said hygiene supplies were insufficient due to an increasing number of inmates. An NGO also reported the police detention facilities lack hygiene conditions, direct sunlight, proper ventilation, and access to water.

NGOs claimed that prison health care was inadequate, lacking sufficient medical supplies and a full-time doctor. NGOs reported testing for contagious diseases at the “Central Prison” was haphazard and inconsistent. In June the Prison Guards’ Association chair stated that overcrowding in prison cells created a breeding ground for contagious diseases. Authorities reported all inmates were subject to hospital health checks before entering the “Central Prison.” Authorities said a doctor visited the prison twice a week and was on call for emergencies. A dentist visited the prison once per week, a dietician visited twice per week, and there were two full-time psychologists at the prison, according to authorities.

An NGO reported the detention center at Ercan (Tymbou) airport lacked proper ventilation and access to natural light. The NGO said hygiene was a concern because there is only one bathroom inside each detention room and no regular cleaning.

Administration: The “ministry of interior” reported receiving only nonadministrative personal complaints, which the “Central Prison” administration took into consideration. Authorities stated facilities were available for Muslim prisoners and detainees to conduct their religious observance and that an imam visited the “Central Prison” on the religious days of Bayram.

Independent Monitoring: Authorities generally permitted prison monitoring and reported that foreign missions visited the “Central Prison” during the year. An NGO reported the physical conditions at the “Central Prison” could not be observed in detail, as their staff were not allowed to visit the cells. They were only allowed to conduct detainee interviews in the visitor waiting room or areas designated for private conversation.

Improvements: Authorities reported the “ministry of health” provided disinfectant and masks to the “Central Prison” to help mitigate the spread of COVID-19. Authorities also said they attempted to keep pretrial detainees and convicts separated as much as possible.

The “Central Prison” was closed to visitors during March and April due to COVID-19 concerns. Beginning in May, authorities enabled inmates to visit virtually with family and friends through online video conferencing.

d. Arbitrary Arrest or Detention

The “law” prohibits arbitrary arrest and detention and provides for the right of any person to challenge his or her arrest or detention in court. Authorities generally observed these requirements.

Arrest Procedures and Treatment of Detainees

“Judicial warrants” are required for arrests. According to the “law,” police must bring a detained person before a “judge” within 24 hours of arrest. Police can then keep the detainee in custody for up to three months, but a “judge” must review the detention after the third day and every eight days thereafter. Authorities generally respected this right and usually informed detainees promptly of charges against them, although they often held individuals believed to have committed a violent offense for longer periods without charge.

Bail may be granted by the “courts” and was routinely used. “Courts” confiscated detainees’ passports pending trial. An NGO reported that translators were not available for non-Turkish speakers, forcing defense attorneys or NGOs to provide one. According to one lawyer, during the detention review process officials pressured detainees to sign a confession in order to be released on bail. The lawyer cited situations in which police used the threat of prolonged detention to induce detainees to plead guilty.

According to the “constitution,” indicted detainees and prisoners have the right of access to legal representation. Authorities usually allowed detainees prompt access to family members and a lawyer of their choice, but NGOs reported there were cases in which authorities prevented detainees from seeing a lawyer. Authorities provided lawyers to the indigent only in cases involving violent offenses. Police sometimes did not observe legal protections, particularly at the time of arrest. Suspects who demanded the presence of a lawyer were sometimes physically intimidated or threatened with stiffer charges.

A lawyer said a “Central Prison” “regulation” prohibits sentenced individuals in solitary confinement from meeting with a lawyer without the “prison director’s” permission. The “prison director” may deny the visit without providing justification.

In January a lawyer announced two university student clients were beaten by police and forced to sign a statement. The students allegedly had cannabis in their dormitories. During the hearing the lawyer testified that police beat his clients with a wooden mop handle, resulting in bruises on their faces and legs. The lawyer also claimed his clients were not provided appropriate medical treatment.

e. Denial of Fair Public Trial

The “law” provides for an independent judiciary, and authorities generally respected judicial independence and impartiality.

Most criminal and civil cases begin in “district courts”, from which appeals are made to the “supreme court.” Civilian “courts” have jurisdiction in cases where civilians face charges of violating military restrictions, such as filming or photographing military zones.

Trial Procedures

The “law” provides for the right to a fair and public trial, and independent judicial authorities generally enforced this right.

Defendants enjoy the right to a presumption of innocence. NGO representatives and human rights lawyers said defendants generally enjoyed the right to be informed promptly and in detail of the charges against them. The “constitution” provides for fair, timely, and public trials, the defendant’s right to be present at those trials, and the defendant’s right to consult with an attorney in a timely manner (or, in cases of violent offenses, to have one provided at public expense if unable to pay). Criminal defendants enjoy the right to adequate time and facilities to prepare a defense.

There was insufficient free interpretation for some languages and insufficient professional translation in “courts.” Lawyers and NGOs claimed authorities haphazardly recruited nonprofessional translators who did not translate everything said during proceedings. Inadequate translation delayed hearings and prolonged defendants’ detentions.

Defendants may question prosecution witnesses and present evidence and witnesses on their behalf. They cannot be compelled to testify or confess guilt and have a right to appeal.

Political Prisoners and Detainees

There were reports of detention and deportation to Turkey of persons with alleged ties to Fethullah Gulen and his movement. The Turkish government holds Gulen responsible for the 2016 coup attempt in Turkey and designated his network as the “Fethullah Gulen Terrorist Organization” (“FETO”). In July the Turkish “ambassador” said the “Turkish Republic of Northern Cyprus” (“TRNC”) was the first “foreign country” to define FETO as a terror organization and that cooperation between Turkish and “TRNC” authorities would continue toward identifying additional members of Gulen’s network.

In June police arrested Caner Sahmaran, a fellow police officer on charges of being affiliated with the Gulen movement. Police confiscated approximately $35,000 in cash, mobile telephones, and other electronics during the arrest.

Civil Judicial Procedures and Remedies

Individuals or organizations may seek civil remedies for human rights violations through domestic “courts.” After exhausting local remedies, individuals and organizations may appeal adverse decisions that involve human rights to the European Court of Human Rights (ECHR).

Property Restitution

Greek Cypriots continued to pursue property suits in the ECHR against the Turkish government for the loss of property in the area administered by Turkish Cypriot authorities since 1974.

A property commission handles claims by Greek Cypriots. As of October the commission has paid more than 312 million British pounds ($414 million) in compensation to applicants.

For information regarding Holocaust-era property restitution and related issues, please see the Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 29, 2020, at https://www.state.gov/reports/just-act-report-to-congress/.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The “law” prohibits such actions. There were reports police subjected Greek Cypriots and Maronites living in the area administered by Turkish Cypriot authorities to surveillance. A Maronite representative asserted that during the year the Turkish armed forces occupied 18 houses in the Maronite village of Karpasia.

a. Freedom of Expression, Including for the Press

The “law” provides for freedom of expression, including for the press, and authorities generally respected this right. Individuals were usually able to criticize authorities publicly without reprisal, with some exceptions.

Freedom of Speech: It is a criminal offense to insult the “government,” the Turkish government, or “government” officials. This often led journalists and others to self-censor. According to a journalist association, authorities advised some journalists not to criticize the Turkish government. A journalist association reported that due to perceived pressure and potential reaction from Turkey, some journalists did not express their thoughts and preferred to remain silent.

In April then “prime minister” Ersin Tatar filed a criminal complaint with police after a well-known visual arts and communications lecturer, Senih Cavusoglu, posted on social media a photoshopped image of Tatar portraying him in a straitjacket with the caption, “boss went mad.” Police called Cavusoglu in for interrogation, but no criminal charges had been filed at year’s end.

In June former “president” Mustafa Akinci filed a complaint with the “attorney general’s office” to block access to a video posted online showing a man stuck at Istanbul airport. The person filming the video can be seen making derogatory comments towards Akinci. The “presidency” confirmed that “the government” banned access to the video in June for allegedly threatening liberal and democratic thought as well as to a second video that allegedly proposed to kill Akinci by stating, “There’s an easy way; send two people and make it seem like Akinci had an accident.” In July the “presidency” announced Akinci withdrew his complaint on the airport video after the person posting it allegedly apologized and erased the video on social media.

Freedom of Press and Media, Including Online Media: While authorities usually respected press and media freedom, at times they obstructed journalists in their reporting.

In October the Turkish Cypriot Journalists Association criticized then “prime minister” Ersin Tatar for claiming that a local online news website Ozgur Gazete was allegedly “collaborating with foreign intelligence organizations to affect elections.” The association said Tatar’s statement threatened freedom of the press. Basin-Sen, another journalist union, said Tatar targeted journalists in an attempt to prevent reporting of such stories.

Violence and Harassment: There were reports defendants in some “court” cases allegedly threatened journalists, who also faced pressure for their reporting from companies that advertised in their publications.

A journalist association reported some journalists were verbally and physically attacked at “court” hearings by detainees or their families or friends. Journalists also reported they were at times prevented from doing their jobs, verbally and sexually assaulted, and their equipment damaged while reporting at “courts,” hospitals, and police stations.

Censorship or Content Restrictions: Journalists cannot interview or report on persons under control of the armed forces.

Journalists practiced self-censorship for fear of losing their jobs. A journalist reported some press representatives censored themselves when reporting on Turkey’s role in Cyprus and on the Turkish leadership.

Reporters without Borders (RSF) reported that Kibris, the largest Turkish Cypriot daily, censored a pre-election poll favoring the incumbent, who was at odds with the president of Turkey, in favor of his challenger who was reportedly closely aligned with the Turkish president. RSF also reported that the owner of the newspaper allegedly met with the Turkish president prior to the poll’s publication.

An activist reported that in May a local Turkish Cypriot television channel DIYALOG TV was removed from Turkey’s TURKSAT satellite network, allegedly due to criticism aired on the channel that targeted Turkish president Recep Tayyip Erdogan. Turkish Cypriot television channels can only broadcast through TURKSAT. DIYALOG TV continued to broadcast only on social media.

Libel/Slander Laws: The “law” criminalizes libel and blasphemy, although in practice “courts” often declined to convict defendants on those charges, citing free speech precedents.

In July a cybercrime “law” was passed in “parliament” and approved by the “presidency.” According to the “law” any attacks (physical or verbal) made with deliberate intent to harm individuals, institutions, or organizations over the internet is considered a crime. Penalties range from six to 200 times the minimum monthly wage and from one to 10 years imprisonment.

Internet Freedom

Authorities did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that they monitored private online communications without appropriate legal authority.

Academic Freedom and Cultural Events

There were some “government” restrictions on cultural events. There were no reports of blocked visits during the year, although for much of the year foreign tourists were not permitted to enter.

b. Freedoms of Peaceful Assembly and Association

The “government” sometimes limited freedoms of peaceful assembly and association.

According to local press reports, in July police prevented TC Secondary Education Teacher’s Union (KTOEOS) members from entering and conducting a sit-in protest inside the “public service commission’s” building. KTOEOS members continued their demonstration outside the building and protested the “commission” for hiring temporary teachers and delaying appointment exams for permanent teachers until after elections.

Freedom of Peaceful Assembly

The “law” provides for the right of peaceful assembly, and the government usually respected this right, although some restrictions were reported. A labor union reported “police” interfered in demonstrations and at times used force against peaceful demonstrators.

Some union representatives reported “police” obstructed unions and civil society organizations from demonstrating and opening banners in front of the Turkish “embassy” during demonstrations and protests.

Freedom of Association

While the “law” provides for the freedom of association, and while the “government” usually respected this right, some organizations faced lengthy registration processes.

c. Freedom of Religion

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

d. Freedom of Movement

The “law” provides for freedom of movement, foreign travel, emigration, and repatriation. Authorities generally respected these rights.

In-country Movement: Authorities required individuals to show identification when crossing the “Green Line.” Due to the COVID-19 pandemic, some border crossings on the island were closed during the year, at times causing altercations with authorities (see section 2.d. of the Republic of Cyprus report).

In March approximately 200 Turkish Cypriot demonstrators in the north gathered at Ledra Street checkpoint to protest the Greek Cypriot decision to close four checkpoint crossings as measures against COVID-19. Press reported Greek Cypriot police used pepper spray and clubs on peaceful Turkish Cypriot demonstrators calling for the opening of the closed checkpoint. Several Turkish Cypriot demonstrators and journalists were taken to hospital. Several were treated in ambulances onsite for pepper spray inhalation.

UNFICYP officials requested that Turkish Cypriots not go to the government checkpoint for their own safety and asked families and children to leave the demonstration site immediately. The Turkish Cypriot Foreign Press Association and Journalists Association condemned the use of pepper spray on demonstrators and claimed government police violated press freedom. Former “president” Akinci condemned the use of pepper spray by Greek Cypriot police and added that it was a disproportionate use of force.

The Turkish Cypriot Bar Association stated, “Tear gas and pepper spray are life threatening chemical weapons whose use is even prohibited in international warfare under both the 1925 Geneva Protocol and the Chemical Weapons Convention, and can only be used during domestic violent riots by the police.”

Foreign Travel: Only Turkey recognizes travel documents issued by the “TRNC.” Some Turkish Cypriots used Turkish travel documents, but many obtained travel documents issued by the Republic of Cyprus. Turkish Cypriots born after 1974 to parents who were both Republic of Cyprus citizens prior to 1974, obtained passports relatively easily compared to Turkish Cypriots born after 1974 to only one Cypriot parent.

e. Status and Treatment of Internally Displaced Persons

Turkish Cypriots considered those displaced as a result of the island’s 1974 division to be refugees, although they fell under the UN definition of internally displaced persons (IDPs). At the time of the division, the number of IDPs in the north was approximately 60,000.

f. Protection of Refugees

Turkish Cypriot authorities at times cooperated with Office of the UN High Commission for Refugees (UNHCR) NGO implementing partner, the Refugee Rights Association, and other humanitarian organizations with regard to asylum seekers and refugees. UNHCR reported cooperation was more frequent during the first half of the year, when authorities allowed Refugee Rights Association lawyers to interview Syrian asylum seekers seeking access to international protection in Cyprus. Following the introduction of a “visa” requirement for Syrian nationals in June, cooperation between Turkish Cypriot authorities and UNHCR was less frequent. With the involvement of these organizations, several asylum seekers gained access to asylum procedures in Turkey or in the government-controlled area.

Abuse of Migrants, Refugees, and Stateless Persons: UNHCR reported asylum seekers generally were treated as illegal migrants because an official framework for asylum does not exist in the area administered by Turkish Cypriots. Most were either denied entry or deported, irrespective of the risk of refoulement.

In May some 100 Syrian asylum seekers who had been housed in a building in Iskele were deported to Turkey. The asylum seekers had arrived in the north on March 21 and were a part of a group of 175 asylum seekers who were denied entry by Republic of Cyprus officials. The Refugee Rights Association (RRA) reported sending their staff to monitor the housing in Iskele. Each family of asylum seekers were provided separate apartments. The RRA also reported that a nurse was on duty 24 hours a day and food and water was provided by the Iskele “municipality.” Each apartment had its own balcony, proper bedding, and a kitchen. Some apartments were crowded and leaving them was forbidden. Doors were locked at all times other than for food delivery.

On July 9, a boat carrying 30 Syrian asylum seekers who landed near Morphou were shot at by “TRNC” police, allegedly for not stopping despite warnings and for trying to flee. The boat’s captain and two of the asylum seekers were shot and injured by police after attempting to flee. The “president” requested a police investigation of the incident which had not yet concluded at year’s end. Several refugee rights groups, including the Turkish NGO Refugee Rights Center, issued a statement criticizing police for shooting at asylum seekers seeking safety.

Refoulement: Authorities did not provide protection against the expulsion or return of refugees to countries where their lives or freedom could be threatened. According to NGOs “authorities” at ports often denied entry to asylum seekers and extradited a number of persons designated by the Turkish government as alleged affiliates of Gulen. Some observers considered these deportations refoulement, as the individuals were denied the opportunity to seek refuge in the territory of Cyprus and were at substantial risk of mistreatment in Turkey or forcible return to Syria by Turkish authorities (also see section 2.f., Protection of Refugees in the Country Reports on Human Rights Practices for Turkey).

Access to Asylum: The “law” does not provide for the granting of asylum or refugee status, and authorities have not established a system for providing protection to refugees. An NGO reported approximately 100 persons of concern to UNHCR were able to stay in the area administered by Turkish Cypriots with UNHCR protection papers.

There were reports Turkish Cypriot authorities continued to deport numerous asylum seekers during the year before UNHCR’s implementing partner could interview them to obtain information necessary for assessing their asylum claims. Some potential asylum seekers who attempted to enter the area administered by Turkish Cypriot authorities illegally were arrested, taken to “court,” and deported after serving their prison sentences.

Freedom of Movement: Asylum seekers in the area administered by Turkish Cypriots could not travel abroad because they would be unable to return due to their lack of “legal” status.

Employment: According to immigration “law,” employers need official permission from the “department of labor” to register foreign workers. Persons holding UNHCR protection papers receive the same access to the labor market as third country nationals, although NGOs reported “authorities” refused to issue work permits to some individuals with UNHCR protection papers. An NGO reported that many refugees were unemployed during the COVID-19 mitigation lockdown and suffered economically. The NGO also reported asylum seekers were prohibited from receiving “state” social welfare benefits. UNHCR reported access to employment improved during the year after authorities lifted requirements that job seekers post a guarantee and hold a valid passport.

Access to Basic Services: Persons holding UNHCR protection papers could access basic services, including primary health care and education, but persons of concern to UNHCR lacked access to residence permits or welfare assistance, which rendered them at risk of exploitation and put vulnerable individuals at risk of destitution.

The “law” provides Turkish Cypriots the ability to choose their “government” in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: Turkish Cypriots choose a leader and a representative body at least every five years. In 2018 Turkish Cypriots held “parliamentary elections” that observers considered free and fair. In October Turkish Cypriots elected Ersin Tatar as “president” in elections that were also considered free and fair.

Political Parties and Political Participation: While membership in the dominant party did not confer formal advantages, there were widespread allegations of political cronyism and nepotism.

In August the Turkish Cypriot Public Sector Employee’s Union (KTAMS) announced in a press release that over 290 persons were employed by the National Unity Party-HP “government” unjustly and unfairly, and that the move was an “election investment” right before the “presidential” elections. Unions said the “government’s” approach was partisan.

In September Rebirth Party “member of parliament” Bertan Zaroglu, who had tested positive for COVID-19, released a recording complaining about the hygiene of the hospital room that he was placed in. Local press reported that Zaroglu allegedly called the National Unity Party “minister of health,” yelled at him, and then the “ministry” placed him at a hotel because of his status as a “member of parliament.” Press outlets also reported that Zaroglu left the hospital room and drove himself to the hotel, risking spreading the virus to others. He was subsequently transferred to Turkey for further treatment.

Participation of Women and Members of Minority Groups: No “laws” limit participation of women or members of minority groups in the political process, and they did participate. Women remained underrepresented in senior political positions. Only nine of the 50 “members of parliament” were women.

Turkish Cypriot authorities did not permit Greek Cypriots and Maronites residing in the north to participate in elections they administered. Greek Cypriots and Maronites residing in the north were eligible to vote in elections in the government-controlled area but had to travel there to do so. Greek Cypriot and Maronite communities in the area administered by Turkish Cypriot authorities directly elected municipal officials, but Turkish Cypriot authorities did not recognize them. There was no minority representation in the 50-seat “parliament” or in the “cabinet.”

The “law” provides criminal penalties for corruption by “officials.” Authorities did not implement the “law” effectively, and “officials” sometimes engaged in corrupt practices with impunity. There were numerous reports of “government” corruption during the year. Observers generally perceived corruption, cronyism, and lack of transparency to be serious problems in the legislative and executive branches.

Corruption: In 2018 National Unity Party “member of parliament” Aytac Caluda was investigated for claims of misconduct/malpractice, allegedly losing 283 million Turkish lira ($37 million) in “state” funds for signing foreign worker permits without necessary prepermissions and waiving the fee. Caluda’s “parliamentary” immunity was lifted in 2018 for the investigation. In March the “high court” announced that Caluda could not be prosecuted because the alleged crimes did not fall under “high court” jurisdiction. The “attorney general’s office” reported that another court hearing was scheduled for December.

In July a civil servant working as a cashier at the “tax department” was arrested for embezzling one million Turkish lira ($130,000) in driver’s license fees since 2016. The “court” ordered an asset freeze for the cashier. According to a police report, other senior officials did not report the missing funds and will also be investigated. The case was under investigation at year’s end.

Financial Disclosure: The “law” requires persons who hold elective office, appointees of the “council of ministers,” “judges” and “prosecutors,” the “ombudsman,” the chair of the “attorney general’s office,” and members of the “attorney general’s office” to declare their wealth and assets. Every five years employees subject to this “law” must declare any movable and immovable property, money, equity shares, stocks, and jewelry worth five times their monthly salary as well as receivables and debts that belong to them, their spouses, and all children in their custody. The disclosure is not publicly available. Once a declaration is overdue, the employee receives a written warning to make a disclosure within 30 days. If an employee fails to do so, authorities file a complaint with the “attorney general’s office.” Penalties for noncompliance include a fine of up to 5,000 Turkish lira ($650), three months’ imprisonment, or both. The penalties for violating confidentiality of the disclosures include a fine of up to 10,000 Turkish lira ($1,300), 12 months’ imprisonment, or both.

In January 2019 local press reported that former National Unity Party leader and “prime minister” Huseyin Ozgurgun inaccurately declared his assets, according to an “attorney general” investigation. Although police charged Ozgurgun with failing to accurately declare wealth and for abuse of public office for private gain and the “parliament” voted to remove Ozgurgun’s immunity, no trial has yet been held as Ozgurgun has been living in Turkey since January. Ozgurgun announced that he resigned from his position as “member of parliament.” In October the “parliament” announced an asset freeze for all of Ozgurgun and his spouse’s assets in the “TRNC.”

A limited number of domestic human rights organizations operated in the area administered by Turkish Cypriot authorities. Authorities were rarely cooperative or responsive to their views and requests. NGOs promoted awareness of domestic violence; women’s rights; rights of asylum seekers, refugees, and immigrants; trafficking in persons; police abuse; and the rights of lesbian, gay, bisexual, transgender, or intersex (LGBTI) persons. These groups had little effect on “legislation” to improve the protection of human rights. Local NGOs liaised with the United Nations, UNHCR, and international NGOs on human rights issues. “Government” Human Rights Bodies: There is an “ombudsman,” whose portfolio includes human rights issues. The “ombudsman” investigates and reports on institutions that exercise administrative and executive powers and ensures that “legislation” and “court” decisions are properly implemented. The “ombudsman” can initiate investigations in response to media reports, complaints from individuals and organizations, or on its own initiative. The “ombudsman” was not always effective because it could not enforce its recommendations.

“Government” Human Rights Bodies: There is an “ombudsman,” whose portfolio includes human rights issues. The “ombudsman” investigates and reports on institutions that exercise administrative and executive powers and ensures that “legislation” and “court” decisions are properly implemented. The “ombudsman” can initiate investigations in response to media reports, complaints from individuals and organizations, or on its own initiative. The “ombudsman” was not always effective because it could not enforce its recommendations.

Women

Rape and Domestic Violence: The “law” criminalizes rape, including spousal rape, and provides for a maximum sentence of life imprisonment. Authorities and police did not enforce the “law” effectively. No “laws” specifically address domestic violence. The “law” prohibits domestic violence under various assault and violence or battery clauses, with a maximum sentence of four years’ imprisonment.

Violence against women, including spousal abuse, remained a major problem. The Nicosia Turkish Municipality operated a shelter for victims of domestic violence, and there were local NGOs that supported rape and domestic violence victims. Turkish Cypriot authorities also reported establishing gender focal points at relevant “ministries” to respond to complaints of violence against women.

In one example police arrested a man in April 2019 on suspicion of killing his 47-year-old wife in Alaykoy (Yerolakkos). The victim’s daughter and sister told press outlets the suspect had physically abused and threatened to kill the victim on many occasions. They claimed the victim complained to police many times and alleged that police did not take her complaints seriously. In 2019 the suspect was sent to prison pending trial, which continued at year’s end.

Nicosia district police in the area administered by Turkish Cypriots operated the specialized Combating Violence against Women Unit to respond to complaints of domestic violence, including calls to a dedicated hotline. Turkish Cypriot police reported they investigated 801 reports of abuse against women from January to September. The unit reported they received 241 complaints regarding physical violence, 135 complaints of verbal violence, and 124 general disturbances. The unit reported they receive 89 cases per month on an average basis. The unit reported there was a 12 percent decrease in the number of cases during the lockdown between March and May.

In April the Nicosia Turkish Municipality’s Domestic Violence Project coordinator reported that “there is an increase in domestic violence cases due to COVID-19 because women are forced to stay at home” and that women’s access to support mechanisms was limited. The coordinator noted that, according to an EU-funded survey conducted in the area administered by Turkish Cypriots, in January, 40 percent of women were subject to physical violence, 60 percent were subject to psychological violence, and 25 percent to sexual violence.

In May the Side-by-Side against Violence project coordinator stated that 35 female survivors of violence applied for protection in March and April, marking an increase in domestic violence cases due to COVID-19 and lockdown. The group stated that the municipality received an average of seven complaints monthly in 2019.

At the end of August, the Combating Violence against Women Unit reported that it received 1,765 complaints from women since it opened in 2018. The unit reported that 41 percent of the complaints were for verbal violence; 38 percent were for physical violence; 5 percent were for violence towards property (including cell phones, houses, cars, etc.); and 4 percent concerned sexual violence, including rape, sexual abuse, and sexual harassment.

In January the Kyrenia “court” sentenced a man to six years in jail for torturing his wife with a belt. The penalty was reported to be the highest given by a “court” for domestic violence in the history of the community.

On March 8, International Women’s Day, a 45-year-old woman, Elif Lort, was stabbed repeatedly in the middle of the street in Kyrenia by her husband. Lort died in the hospital; police apprehended and arrested the husband. An investigation was ongoing at year’s end.

Sexual Harassment: The “criminal code” prohibits sexual harassment and considers it a misdemeanor punishable by up to 12 months’ imprisonment, an unspecified fine, or both. According to NGOs sexual harassment went largely unreported. A group of international students reported widespread sexual harassment of female international students and that police routinely dismissed complaints of sexual harassment from international students.

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

Discrimination: The “law” provides the same “legal” status and rights for women and men, but authorities did not enforce the “law” effectively. Women experienced discrimination in such areas as employment, credit, owning or managing businesses, education, and housing. For example, female teachers were reportedly instructed to schedule their pregnancies in order to deliver during summer break.

Children

Birth Registration: Children derive “citizenship” from their parents, and there was universal registration at birth, including of children born to migrants.

Child Abuse: The “law” does not explicitly prohibit child abuse, but it does prohibit sexual abuse of children, which carries a penalty of up to six years’ imprisonment. There were reports of child abuse. As with domestic violence, there were social and cultural disincentives to seeking legal remedies for such problems.

Child, Early, and Forced Marriage: The minimum age of marriage for girls and boys is 18. A “court” may allow marriages of minors who are 16 or 17 if they receive parental consent.

Sexual Exploitation of Children: The “law” prohibits commercial sexual exploitation of children, and authorities generally enforced the prohibition. The age of consent is 16. Statutory rape or attempted statutory rape of a minor younger than 16 is a felony, and the maximum penalty is life imprisonment. If the offender is younger than 18 and two years or fewer apart in age from the victim, the act is a misdemeanor punishable by up to two years in prison, an unspecified fine, or both. The new cybercrime “law” enacted in July makes possession or production of child pornography punishable by up to 15 years in prison.

Anti-Semitism

There were approximately 150 persons in the Jewish community, which primarily consisted of nonresident businesspersons. 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” protects the rights of persons with physical, sensory, intellectual, and mental disabilities, including their access to social benefits, and prohibits discrimination against them. Authorities did not effectively enforce all parts of the “law.” For example the disability community complained of the absence of accessible infrastructure in public areas, including lack of sidewalks, blocked sidewalks, and inaccessible public transportation.

The Turkish Cypriot Orthopedic Disabled Persons Association reported many buildings, sidewalks, and public bathrooms were not accessible to persons with disabilities. The association claimed the “government” had not employed a single person with disabilities since 2006, although the “law” requires 4 percent of public-sector positions be filled by persons with disabilities.

Children with disabilities attend specific schools that are “state” funded.

Authorities reported as of August 2019, more than 270 persons with disabilities worked in the “government.” In September the “council of ministers” decided to provide social security and provident fund contributions to persons with disabilities employed in the private sector to create incentives for private-sector employment. Authorities also reported that nearly 4,986 persons with disabilities received financial aid from the “government” as of September.

Members of National/Racial/Ethnic Minority Groups

The “law” prohibits discrimination, and the 1975 Vienna III Agreement remains the legal source of authority regarding the treatment of the 310 Greek Cypriot and 62 Maronite residents in the area administered by Turkish Cypriot authorities.

Greek Cypriots and Maronites living in the area administered by Turkish Cypriots could take possession of some of their properties in that area but were unable to leave their properties to heirs residing in the government-controlled area. Maronites living in the government-controlled area could use their properties in the north only if those properties were not under the control of the Turkish military or allocated to Turkish Cypriots.

Foreign domestic workers faced discrimination and, at times, violence.

Public Sector Workers Union (KTAMS) reported that many foreign workers receive salaries below minimum wage.

An NGO reported that seasonal workers who came from Turkey during the pandemic were not paid and were stranded in Cyprus for several months until authorities ultimately provided transportation back to Turkey. In February, approximately 300 Bangladeshi, Pakistani, and Sri Lankan foreign workers employed by Omag Construction reported to police that they had not received their salaries for four months. The foreign workers told police they each gave $1,390 to the company for “visa/permit fees,” and were threatened by people at Omag Construction posing as police officers to remain silent about not receiving their wages. The workers also reported they believed the false “police officers” to be members of the mafia and that they had taken three of the workers, who had not been heard from since.

On March 13, the “council of ministers” adopted a decision to prevent the spread of the coronavirus and barred private sector workers in the north, including domestic workers, from traveling to households to work. The “government” announced a 1,500 Turkish lira ($195) monthly assistance payment for some private sector workers affected by COVID-19 pandemic-related business closures but limited the subsidy to “TRNC” and Turkish citizens and excluded all other foreign workers.

There were reports of social and job discrimination against Kurds in the area administered by Turkish Cypriots, as well as allegations that police closely monitored Kurdish activities.

Some of the approximately 10,000 African students reportedly studying at universities in the area administered by Turkish Cypriot authorities reported racial discrimination in housing, employment, and interactions with law enforcement. Thirty to forty thousand foreign students, excluding Turkish students, study at universities in the area administered by Turkish Cypriots. In April the Voice of International Students in Cyprus (VOIS) said authorities excluded foreign students from receiving food packages that citizens were receiving. VOIS claimed that authorities ignored foreign students and deprived them of medical and other support during the lockdown and pandemic. A student organization reported an African student, a single mother, asked authorities at the Famagusta police station to arrest her hoping that she and her child would be provided food in jail.

In March, VOIS criticized former “prime minister” Ersin Tatar for making a racist statement on television when he said, “The responsibility to take care of the thousands of African students who live in the ‘TRNC’ lies on those who brought them here. Either universities or employers. Before the COVID-19 crisis this was already a problem. This is now an opportunity to clean them out. This is not racism, but we have to protect our citizens.”

In June, VOIS announced the results of an online survey of foreign university students living in the area administered by Turkish Cypriots: 88.2 percent of those interviewed said they had been victims of racism; 52.6 percent of this racial discrimination happened on campus, and 40 percent happened off campus. In addition 81.4 percent said racism was a serious problem in the area administered by Turkish Cypriots that needed to be addressed within society.

The RRA said the minister of interior did not provide enough support to foreign students. The RRA identified the groups at highest risk, whose numbers were unknown, as unregistered students, workers, and migrants. The RRA also said NGOs were unable to leave their houses to investigate complaints or distribute donations to those in need due to COVID-19 related restrictions.

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

The “law” prohibits discrimination against LGBTI persons in housing, employment, nationality laws, and access to government services based on sexual orientation or gender identity. Authorities did not effectively enforce the “law.”

While there were no cases recorded of official or societal discrimination based on sexual orientation or gender identity in employment, housing, or access to education or health care, members of the LGBTI community noted an overwhelming majority of LGBTI persons concealed their sexual orientation or gender identity to avoid potential discrimination.

The Queer Cyprus Association said LGBTI persons often could not access legal remedies to discrimination based on sexual orientation or gender identity because authorities declined to enforce them.

a. Freedom of Association and the Right to Collective Bargaining

The “law” provides for the rights of workers, except members of police and other Turkish Cypriot security forces, to form and join independent unions of their own choosing without prior authorization. The “law” allows unions to conduct their activities without interference and provides for their right to strike, with the provision that a union notify authorities in writing if members planned to strike for longer than 24 hours. The “law” does not permit “judges,” members of the police force, or other Turkish Cypriot security forces to strike. The “council of ministers” has the power to prohibit a strike in any individual sector twice a year for up to 60 days if it affects the general health, security, or public order, or if it prevents the provision of essential services. There is no list of what constitutes essential services.

The “law” provides for collective bargaining. The “ministry of labor” reported that employers could not condition employment on membership or nonmembership in a union or participation in strikes. The “law” does not provide for reinstatement of workers fired for union activities.

The “government” did not effectively enforce applicable “laws.” Despite having freedom of association and the right to engage in collective bargaining, very few private-sector workers were unionized, according to labor union representatives. A union representative said that if private-sector workers affected business operations while exercising their rights, employers would likely dismiss them. Some companies pressured workers to join unions that the company led or approved. Officials of independent unions claimed authorities created public-sector unions as rivals to weaken the independent unions.

Turkish Cypriot Public Sector Workers Union (KTAMS) reported that 35 percent of the public sector and 0.5 percent of the private sector workers are members of labor unions. Police and members of other Turkish Cypriot security forces cannot join unions.

Labor authorities did not effectively enforce the “law.” Penalties for employers convicted of violating the “law” were not commensurate with those for violating other “laws” involving the denial of civil rights and were sporadically enforced.

In March the DEV-IS labor union began an indefinite strike for their members employed at the Buyukkonuk municipality. The union claimed their members had not received their salaries since November and their customary 13th month bonus from 2019. On the eighth day of the strike, the “council of ministers” banned the strike on the grounds that “it prevented the provision of essential services.” Union members employed at the municipality then began a work slowdown. Police launched an investigation on the grounds that they did not comply with the “council of ministers’” decision. In April, DEV-IS members and the “mayor” of Buyukkonuk were invited to the “ministry of interior” to sign an agreement that included the payment of December and January salaries, and the payment of the 13th month bonus in installments. The union reported the 13th month bonus has not been paid, but all other salaries were paid with a one month delay.

Public and semipublic employees benefited from collective bargaining agreements. Semipublic employees worked for companies run jointly by public and private enterprises where, for example, the “government” handled administration while the company’s budget came from private sources.

b. Prohibition of Forced or Compulsory Labor

The “law” prohibits all forms of forced or compulsory labor, but the “government” did not effectively enforce it. Penalties for violations of the “law” were not commensurate with those for other serious crimes.

There were reports of forced labor during the year, primarily in agriculture, construction, and the industrial sector. A labor union representative reported migrant workers in the construction and agricultural sectors were subjected to reduced wages, nonpayment of wages, beatings, and threats of deportation.

A researcher reported that universities were used to smuggle and traffic large numbers of Africans and South Asians. Some foreign students who could not pay their tuition after arriving in the area administered by Turkish Cypriots became vulnerable to exploitation, including forced labor.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The “law” prohibits the worst forms of child labor. The minimum age for restricted employment is 15, the last year at which education is compulsory. Employers may hire children between the ages of 15 and 18 in apprentice positions under a special status. Children older than 15 are restricted to not more than six hours of work per day and 30 hours per week. The “law” prohibits children between the ages of 15 and 18 from working during mealtimes, at night, in heavy physical labor, and under dangerous conditions. The “law” also states that every six months the employer must prove, with medical certification, that the physical work done by a child is suitable for children. Written parental consent is also required, and children are entitled to the hourly wage of a full-time employee.

Authorities reported they received three complaints to the child labor hotline during the reporting period: two children working at construction sites and one at a market.

The “ministry of labor and social security” is responsible for enforcing child labor “laws” and policies. Resources and inspections were not sufficient and penalties for violations were not commensurate with those of other serious crimes.

Authorities did not always effectively enforce the “laws,” and NGOs reported that primarily Turkish children often worked alongside their families in the agricultural, manufacturing, automotive, and construction sectors. NGOs reported children worked in dangerous conditions, such as on construction sites, and were subjected to heavy physical work despite “legal” prohibitions.

Child labor in the urban informal economy was also a problem, albeit to a lesser extent than in agriculture and manufacturing. It was common in family-run shops for children to work after school and for young children to work on family farms.

d. Discrimination with Respect to Employment and Occupation

The “law” generally prohibits discrimination with respect to employment or occupation on the basis of race, sex, gender, disability, language, sexual orientation or gender identity, and social status. The “law” does not specifically address discrimination with respect to religion, political opinion, or HIV-positive status, which were addressed by general “regulations.” Authorities did not effectively enforce the “law” and penalties for violations were not commensurate with those for violating other “laws” related to civil rights. Discrimination in employment and occupation occurred with respect to race, ethnicity, sex, disability, and gender.

Authorities reported there were more than 49,495 registered foreign workers in the area administrated by Turkish Cypriot authorities, mainly from Turkey, Pakistan, Turkmenistan, Bangladesh, and the Philippines. Foreign migrant workers faced societal discrimination based on their ethnicity, race, and religious belief. Greek Cypriots faced social and employment discrimination.

Women faced sexual harassment in the workplace, but most instances of sexual harassment went unreported. Women held far fewer managerial positions than men.

LGBTI individuals often concealed their sexual orientation and gender identity in the workplace to avoid discrimination. Persons with disabilities routinely found it physically difficult to access workplaces.

e. Acceptable Conditions of Work

The “government” increased the minimum wage during the year, but it remained below the poverty level for a family of four, as inflation and the cost of living outpaced the increase. The “ministry of labor and social security” is responsible for enforcing the minimum wage, but it did not effectively do so. The penalties for noncompliance were not commensurate with those for other similar crimes.

According to the “statistics department,” the poverty threshold was estimated at 3,769 Turkish lira ($450) per month.

There was premium pay for overtime in the public sector. Premium pay for overtime is also required, but frequently not paid, in the private sector. The “law” prohibits compulsory overtime and provides for paid annual holidays.

Occupational safety and health standards were insufficient. Authorities did not effectively enforce safety and health standards, and the number of inspectors was not sufficient to enforce compliance. Multinational companies reportedly met health and safety standards. Workers could not remove themselves from situations that endangered health or safety without jeopardizing their employment. Authorities could conduct unannounced inspections or initiate sanctions, but according to unions and associations, inspections were not adequately carried out. Authorities commonly deported migrant workers claiming violations. Authorities did not penalize violators, and inspections were not adequate to protect worker rights. The “government” has not established social protections for workers in the informal economy. Accommodations for migrant workers, either as part of their compensation or for those made to pay, were substandard.

There was little improvement in working conditions, particularly in hazardous sectors and for vulnerable groups. Authorities reported there were 179 major industrial accidents occurred during the year that caused two deaths. “Authorities” also reported they provided eight persons with pensions (based on their) incapacity to work.

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Republic of Cyprus

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

There were no reports that the government or its agents committed arbitrary or unlawful killings. Judicial authorities investigate whether any security force killings that may occur were justifiable and pursue prosecutions as required by the evidence.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities. The government has measures in place to ensure accountability for disappearances if one were to occur.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices, and there were no reports that government officials employed them. Impunity was not a significant problem in the security forces.

Amnesty International reported that in May 2019, police used excessive force against several climate activists while dispersing a spontaneous assembly in Vienna. At the end of 2019, an investigation by the Prosecutor’s Office continued into the conduct of several law enforcement officials. Amnesty stated that the Ministry of Interior had informed it that an internal police investigation would be conducted once the Prosecutor’s Office had concluded its investigation. The Ministry of Interior stated there were five complaints lodged against seven law enforcement officials, and investigations were still underway. The country’s administrative court declared some actions by police during the incident as illegitimate.

Prison and Detention Center Conditions

There were no significant reports regarding prison or detention center conditions that raised human rights concerns.

Physical Conditions: There were no major concerns in prisons and detention centers regarding physical conditions or inmate abuse.

Administration: Authorities conducted proper investigations of credible allegations of mistreatment.

Independent Monitoring: The government permitted visits by the Council of Europe’s Committee for the Prevention of Torture.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed these requirements.

Arrest Procedures and Treatment of Detainees

Authorities base arrests on sufficient evidence and legal warrants issued by a duly authorized official. Authorities bring the arrested person before an independent judiciary. In criminal cases the law allows investigative or pretrial detention for no more than 48 hours, during which time a judge may decide to grant a prosecution request for extended detention. The law specifies the grounds for investigative detention and conditions for bail. There were strict checks on the enforcement of pretrial detention restrictions and bail provisions, and a judge is required to evaluate investigative detention cases periodically. The maximum duration for investigative detention is two years. There is a functioning bail system. Police and judicial authorities generally respected these laws and procedures. There were isolated reports of police abuse, which authorities investigated and, where warranted, prosecuted.

Detainees have the right to an attorney. Although indigent criminal suspects have the right to an attorney at government expense, the law requires appointment of an attorney only after a court decision to remand such suspects into custody (96 hours after apprehension). Criminal suspects are not legally required to answer questions without an attorney present. Laws providing for compensation for persons unlawfully detained were enforced.

e. Denial of Fair Public Trial

The law provides for an independent judiciary, and the government generally respected judicial independence and impartiality.

Trial Procedures

The law provides for the right to a fair and public trial, and an independent judiciary generally enforced this right.

The law presumes persons charged with criminal offenses are innocent until proven guilty; authorities inform them promptly and in detail of the charges. Trials must be public and conducted orally; defendants have the right to be present at their trial. Attorneys are not mandatory in cases of minor offenses, but legal counsel is available at no charge for indigent persons in cases where attorneys are mandatory. The law grants defendants and their attorneys adequate time and facilities to prepare a defense. Defendants can confront or question witnesses against them and present witnesses and evidence on their own behalf. Free interpretation is available from the moment a defendant is charged through all appeals. Suspects cannot be compelled to testify or confess guilt. A system of judicial review provides multiple opportunities for appeal.

The law extends the above rights to all defendants regardless of sex, gender, race, ethnicity, age, religion, or disability.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

There is an independent and impartial judiciary in civil matters, including an appellate system. These institutions are accessible to plaintiffs seeking damages for human rights violations. Administrative and judicial remedies were available for redressing alleged wrongs. Individuals and organizations may appeal domestic decisions to regional human rights bodies.

Property Restitution

For the resolution of Holocaust-era restitution claims, including by foreign citizens, the government has laws and mechanisms in place. Property restitution also includes an art restitution program. Nongovernmental organizations (NGOs) and advocacy groups reported that the government had taken comprehensive steps to implement these programs.

The Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 29, 2020, can be found on the Department’s website: https://www.state.gov/reports/just-act-report-to-congress/.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law prohibits such actions, and there were no reports the government failed to respect these prohibitions.

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression including for the press.

Freedom of Speech: The law prohibits incitement, insult, or contempt against a group because of its members’ race, nationality, religion, or ethnicity if the statement violates human dignity, and imposes criminal penalties for violations. The law prohibits public denial, belittlement, approval, or justification of the Nazi genocide or other Nazi crimes against humanity in print media, broadcast media, the publication of books, and online newspapers or journals and provides criminal penalties for violations. The law also prohibits disparagement of religious teachings in public. The government strictly enforced these laws (see the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

Libel/Slander Laws: Libel, slander, defamation, and denouncement of religious teachings (blasphemy) are criminal offenses and are enforced. NGOs reported that strict libel and slander laws created conditions that discouraged reporting of governmental abuse. For example, many observers believed the ability and willingness of police to sue for libel or slander discouraged individuals from reporting police abuses.

Internet Freedom

With limited exceptions, the government did not restrict or disrupt access to the internet or censor online content. There were no credible reports the government monitored private online communications without appropriate legal authority. Authorities continued to restrict access to websites that violated the law, such as neo-Nazi sites. The law barring neo-Nazi activity provides for one- to 10-year prison sentences for public denial, belittlement, approval, or justification of National Socialist crimes. The criminal code provision on incitement provides for prison sentences of up to five years for violations. Authorities restricted access to prohibited websites by trying to shut them down and by forbidding the country’s internet service providers from carrying them.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, and the government generally respected these rights.

c. Freedom of Religion

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

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

In-country Movement: Asylum seekers’ freedom of movement was restricted to the district of the reception center assigned by authorities for the duration of their initial application process until the country’s responsibility for examining the application was determined. By law, asylum seekers must be physically present in the centers of first reception for up to 120 hours during the initial application process. Authorities have 20 days in which to determine the country’s responsibility and jurisdiction for the case.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

The government cooperated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, and other persons for concern.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees.

Amnesty International reported that in the first nine months of 2019, the Ministry of Interior repatriated more than 200 Afghan nationals to Afghanistan, sending them back to areas that Amnesty deemed unsafe. According to Amnesty, authorities also decided to repatriate several Syrian nationals to Syria, although the decisions had not been implemented at the end of the year. Between January and June, the Ministry of Interior reported the deportation of 37 Afghan nationals. While opposition parties and human rights NGOs criticized this policy, the government’s position is that it is repatriating Afghan nationals only to areas in the country that independent experts considered safe.

Safe Country of Origin/Transit: EU regulations provide that asylum seekers who transit an EU country determined to be “safe” on their way to Austria be returned to that country to apply for refugee status. Authorities considered signatories to the 1951 refugee convention and its 1967 protocol to be safe countries of transit.

Employment: While asylum seekers are legally restricted from seeking regular employment, they are eligible for seasonal work, low-paying community service jobs, or professional training in sectors that require additional apprentices. A work permit is required for seasonal employment but not for professional training. An employer must request the work permit for the prospective employee.

Durable Solutions: There are provisions for integration, resettlement, and returns, which the country was cooperating with the Office of the UN High Commissioner for Refugees and other organizations to improve. The integration section in the Ministry for Foreign Affairs and Integration, together with the Integration Fund and provincial and local integration offices, coordinated measures for integration of refugees.

Temporary Protection: According to the Interior Ministry, in 2019 the government provided temporary protection to approximately 2,246 individuals who might not qualify as refugees but were unable to return to their home countries. According to the Interior Ministry, between January and July, the government provided temporary protection to approximately 1,275 individuals.

g. Stateless Persons

According to the government’s statistical office, in January there were approximately 17,025 persons in the country registered as stateless, that is, having undocumented or unclear citizenship. Stateless persons in the country were largely Austrian-born children of foreign nationals who were unable to acquire citizenship through their parents due to the laws in their parents’ country of origin. Authorities did not deport them because they lacked a home country.

The law allows some stateless persons to gain nationality. A stateless person born in the country may be granted citizenship within two years of reaching the age of 18 if he or she has lived in the country for a total of 10 years, including five years continuously before application, and is able to demonstrate sufficient income. Stateless persons can receive temporary residence and work permits that must be renewed annually.

The law provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: The country held early parliamentary elections in 2019 and presidential elections in 2016. There were no reports of serious abuse or irregularities in either election, and credible observers considered both to be free and fair.

Participation of Women and Members of Minority Groups: No laws limit the participation of women or members of minority groups in the political process, and they did participate. Women’s participation in government at the national level increased due to the September 2019 federal elections. There are 72 female members of parliament out of 183, compared with only 63 during the 2017-2019 legislative term. The current coalition government has nine female cabinet members out of 17, whereas the 2017-2019 government had six.

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. Anticorruption laws and regulations extend to civil servants, public officials, governors, members of parliament, and employees or representatives of state-owned companies. The law also criminalizes corrupt practices by citizens outside the country. The penalty for bribery is up to 10 years in prison.

Corruption: Former finance minister Karl-Heinz Grasser and two lobbyists were found guilty of embezzlement and corruption charges on December 3 in the country’s largest corruption case since World War II. In an indictment filed by the Federal Prosecutor against White Collar Crime and Corruption in 2016, Grasser and his codefendants were charged in connection with the 2.45 billion-euro ($2.9 billion) auction sale of 62,000 state-owned apartments in 2004. The court found that the information from the Finance Ministry under Grasser’s leadership helped the eventual auction winner by signaling the size of the bid needed to acquire the properties. Grasser was sentenced to eight years in prison, although the case is expected to be appealed to a higher court.

A special unit of the Vienna Prosecutor’s Office continued investigating a 2017 video in which the then leader of the Freedom Party promised a woman posing as a wealthy Russian that he could manipulate government procurement contracts to her benefit in exchange for her purchasing a major stake in a mass-tabloid newspaper and providing his party with positive media coverage. The political fallout from the case, known as the Ibiza scandal, ultimately led to the dissolution of the coalition government and new federal elections in September 2019. A parliamentary investigative committee also launched investigations into the case.

In September prosecutors closed investigations on charges of fraud, embezzlement, and venality related to channeling money to the Freedom Party from donors through associations linked to the party. They continued investigations regarding both party-affiliated personnel appointments in the partly state-owned Casinos Austria company and donations by private individuals who expected legal changes affecting private hospitals.

Prosecutors were also investigating allegations the former vice chancellor and former Freedom Party leader submitted private expenses of more than 500,000 euros ($600,000) for reimbursement to the party (the Freedom Party and other leading political parties receive some government funding).

The Ministry of Interior’s 2019 annual report disclosed there were 2,298 corruption cases in 2019, of which 1,903 were closed without prosecution, 216 resulted in convictions, and 77 resulted in acquittals.

Financial Disclosure: Public officials are subject to financial disclosure laws; there were no reports that officials failed to comply with disclosure requirements. Politicians must publicly disclose biannually when they earn more than 1,142 euros ($1,370) for certain activities, but they are not required to disclose the amounts they earned. The law does not require public officials to file disclosure reports upon leaving office. There are no sanctions for noncompliance with financial disclosure laws.

Campaign finance laws set annual limits on campaign donations of 7,500 euros ($9,000) for single donations and a maximum of 750,000 euros ($900,000) in total donations from all sources. The law provides for fines of up to 150 percent of the amount of an illegal donation for violations.

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials generally were cooperative and responsive to their views.

Government Human Rights Bodies: A human rights ombudsman’s office consisting of three independent commissioners examined complaints against the government. The ombudsman’s office is completely independent and has its own budget; parliament appoints its members. The ombudsman’s office effectively monitored government activities. A parliamentary human rights committee provides oversight.

Women

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

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

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

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

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children. All individuals have the right to manage their reproductive health and had access to the information and means to do so, and are free from discrimination, coercion, or violence. While no legal barriers or government policies adversely affected access to contraception, some groups advocated against the use of contraception.

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

Children

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

Child Abuse: Child abuse is punishable by up to five years’ imprisonment, which may be extended to 10 years. Severe sexual abuse or rape of a minor is punishable by up to 20 years’ imprisonment, which may be increased to life imprisonment if the victim dies because of the abuse. The government continued its efforts to monitor child abuse and prosecute offenders. Officials noted a growing readiness by the public to report cases of such abuse.

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

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

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

Anti-Semitism

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

The IKG expressed concern that the COVID-19 crisis could lead to a further increase of anti-Semitism. The NGO Forum against Anti-Semitism reported 550 anti-Semitic incidents during 2019. These included physical assaults in addition to name-calling, graffiti and defacement, threatening letters, dissemination of anti-Semitic texts, property damage, and vilifying letters and telephone calls. Of the reported incidents, six concerned physical assaults, 18 threats and insults, 209 letters and emails, 78 vandalism, and 239 insulting behavior. The government provided police protection to the IKG’s offices and other Jewish community institutions in the country, such as schools and museums. The IKG noted that anti-Semitic incidents typically involved neo-Nazi and other related right-wing extremist perpetrators.

In August a 26-year-old Syrian living in the country attacked the Graz Jewish community leader with a stick. The leader managed to escape to his car uninjured. The perpetrator was arrested and also confessed to having vandalized the Graz synagogue with spray paint in the weeks prior to the attack. The chancellor, vice chancellor, federal ministers, governors, opposition leaders, and religious representatives sharply condemned the attacks as an attack on all Austrians. Several hundred individuals attended a locally organized solidarity vigil at the Graz synagogue.

According to press reports, on November 26, a woman with a knife attacked a rabbi in Vienna, pulled his skullcap from his head, and yelled an anti-Semitic insult (“Slaughter all Jews!”) before fleeing. Chancellor Kurz and Interior Minister Nehammer sharply condemned the attack, stating everything must be done to ensure the Jewish community’s safety. The case was under investigation by the State Office for the Protection of the Constitution and Combating Terrorism.

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

In August a 2019 amendment of the Citizenship Act entered into force extending citizenship to descendants of Austrian victims of National Socialism.

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

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

Members of National/Racial/Ethnic Minority Groups

In response to a parliamentary inquiry, the Ministry of Interior published statistics citing 859 neo-Nazi extremist, racist, Islamophobic, or anti-Semitic incidents in 2019, down from 1,075 such incidents in 2018.

An NGO operating a hotline for victims of racist incidents reported receiving approximately 1,950 complaints in 2019. It reported that racist internet postings comprised 1,070 of the cases and were mostly directed against Muslims and migrants.

The Islamic Faith Community’s documentation center, established for tracking anti-Muslim incidents, reported receiving 1,051 complaints in 2019, a 94.6 percent increase compared with the 540 complaints received in 2018. Some 700 of the reported incidents took place on digital media. Incidents included verbal abuse and anti-Muslim graffiti. According to the Islamic Faith Community’s report, women were more likely to face discrimination in person, while men were more likely to face discrimination online.

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

NGOs continued to criticize police for allegedly targeting minorities for frequent identity checks. Racial sensitivity training for police and other officials continued with NGO assistance.

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

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

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

Antidiscrimination laws apply to lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons. There were no cases of police or other government agents inciting, perpetrating, condoning, or tolerating violence against LGBTI individuals or those reporting on such abuse. There was some societal prejudice against LGBTI persons but no reports of violence or discrimination based on sexual orientation or gender identity. LGBTI organizations generally operated freely. Civil society groups criticized the lack of a mechanism to prevent service providers from discriminating against LGBTI individuals.

In August a 26-year-old Syrian living in Austria defaced the walls of an LGBTI community center in the Styrian capital Graz. Police arrested the perpetrator, who also attempted to attack the president of the Graz Jewish community. In September speakers at a demonstration against COVID-19 restrictions tore apart an LGBTI flag, shouting, “Children need to be protected against child molesters.” A Vienna Green politician filed incitement charges against the speakers.

a. Freedom of Association and the Right to Collective Bargaining

The law provides the right of workers to form and join independent unions, conduct legal strikes, and bargain collectively. It prohibits antiunion discrimination or retaliation against strikers and provides for the reinstatement of workers fired for union activity. The law allows unions to conduct their activities without interference. The Austrian Trade Union Federation was the exclusive entity representing workers in collective bargaining. Unions were technically independent of government and political parties, although some sectors had unions closely associated with parties.

The government effectively enforced applicable laws that covered all categories of workers. Resources, inspections, and remediation were adequate. Penalties for violations were of civil nature, with fines imposed, and were commensurate with those under other laws involving denials of civil rights. Administrative, registration, and judicial procedures were not overly lengthy.

There were few reports of antiunion discrimination or other forms of employer interference in union functions. The government and employers recognized the right to strike and respected freedom of association and the right to collective bargaining. Authorities enforced laws providing for collective bargaining and protecting unions from interference and workers from retaliation for union activities.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The government effectively enforced the law, and resources, inspections, and remediation were adequate. Labor inspectors and revenue authorities conducted routine site visits to identify forced labor. The government initiated forced labor awareness campaigns and workshops. Penalties ranged from six months’ to five years’ imprisonment for offenses involving an adult victim and from one to 10 years’ imprisonment for those involving a child victim and were commensurate with those for similar crimes.

NGOs noticed an upward trend in labor trafficking. Traffickers exploited men and women from Eastern Europe, Southeast Asia, and China in forced labor, primarily in restaurants, construction, agriculture, health care, and domestic service, including in diplomatic households. Seasonal migrants were especially vulnerable to labor trafficking, particularly during the harvest seasons. Traffickers exploited children, persons with physical and mental disabilities, and Roma in forced begging.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all of the worst forms of child labor. The minimum legal working age is 15, with the exception that children who are at least 13 may engage in certain forms of light work on family farms or businesses. Children age 15 and older are subject to the same regulations on hours, rest periods, overtime wages, and occupational health and safety restrictions as adults, but they are subject to additional restrictions on hazardous forms of work or for ethical reasons. Restrictions for hazardous jobs include work with materials considered dangerous for children, work in the sawmill business, on high-voltage pylons, and specified jobs in the construction business.

The labor inspectorate of the Ministry of Labor, Family, and Youth is responsible for enforcing child labor laws and policies in the workplace and did so effectively. Penalties in the form of fines may be doubled in cases of repeated violations of the child labor code. Penalties were commensurate with those for other analogous crimes.

d. Discrimination with Respect to Employment and Occupation

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

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

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

e. Acceptable Conditions of Work

There is no legislated national minimum wage. Instead, nationwide collective bargaining agreements covered between 98 and 99 percent of the workforce and set minimum wages by job classification for each industry. Where no such collective agreements existed, such as for domestic workers, custodial staff, and au pairs, wages were generally lower than those covered by collective bargaining agreements. The agreements set wages above the poverty line except in a few cases.

The law in general provides for a maximum workweek of 40 hours, although collective bargaining agreements establish 38- or 38.5-hour workweeks for more than half of all employees. Regulations to increase workhour flexibility allowed companies to increase the maximum regular time from 40 hours to 50 hours per week with overtime. A law that entered into force in 2019 allows work hours to be increased to a maximum of 12 hours per day and 60 hours per week, including overtime, but employees can refuse, without providing a reason, to work more than 10 hours per day.

Overtime is officially limited to 20 hours per week and 60 hours per year. The period worked must not exceed an average of 48 hours per week over a period of 17 weeks. Some employers, particularly in the construction, manufacturing, and information technology sectors, exceeded legal limits on compulsory overtime. Sectors with immigrant workers were particularly affected. Collective bargaining agreements can specify higher limits. An employee must have at least 11 hours off between workdays. Wage and hour violations can be brought before a labor court, which can fine employers who commit violations. Penalties were commensurate with other similar crimes.

Foreign workers in both the formal and informal sectors made up approximately 19 percent of the country’s workforce. Authorities did not enforce wage and hour regulations effectively in the informal sector.

The labor inspectorate effectively enforced mandatory occupational health and safety standards, which were appropriate for the main industries. The number of inspectors was sufficient to deter violations. Inspectors have the authority to make unannounced inspections and initiate sanctions. Resources and remediation remained adequate. In cases of violations resulting in serious injury or death, employers may be prosecuted under the penal code. Penalties are commensurate with those for other crimes, such as negligence.

The government extended its Occupational Safety and Health Strategy 2007-12 initiative until 2020. The initiative focused on educational and preventive measures, including strengthening public awareness of danger, risk assessment, and plus evaluation; preventing work-related illnesses and occupational diseases; providing training as well as information on occupational safety and health; and improving the training of prevention experts. In 2018 a total of 148 workers died in industrial accidents.

Workers could file complaints anonymously with the labor inspectorate, which could in turn sue the employer on behalf of the employee. Workers rarely exercised this option and normally relied instead on the nongovernmental workers’ advocacy group and the Chamber of Labor, which filed suits on their behalf. Workers in the informal economy generally did not benefit from social protections. Workers generally had to pay into the system in order to receive health-care benefits, unemployment insurance, and pensions, although persons who were not working could qualify for coverage in certain cases.

Workers could remove themselves from situations that endanger health or safety, without jeopardy to their employment. The Employment and Labor Relations Federal Public Service protected employees in this situation.

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

There were no reports that the government or its agents committed arbitrary or unlawful killings during the year.

On April 10, Adil, a young man of Moroccan descent, was killed as he attempted to evade a COVID-related police control at Place du Conseil in Anderlecht. According to press reports, Adil died when his motor scooter collided head-on with a police vehicle as he attempted to flee. An independent examining magistrate was named to lead an involuntary manslaughter investigation into the police actions.

In August a video came to light of a two-year-old incident at Charleroi airport showing a group of police officers subduing and killing an apparently unstable Slovak citizen by putting a blanket over his head and sitting on him, while at one point an officer made a Hitler salute. The number two official in the Federal Police relinquished his duties until an investigation was completed. The senior officer on duty at the airport on the day of the fatal arrest was temporarily reassigned administrative duties. Police stated that an internal investigation and judicial inquiry were underway.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices. There were some reports, however, that prison staff physically mistreated prisoners.

On January 14, two prison guards were found guilty of mistreating jihadist preacher Khalid Zerkani, an ISIS recruiter. The event took place after Zerkani’s transfer to the Saint-Gilles Prison in 2016, with the guards referring to it as an accident. Although the guards were found guilty, the court delivered no punishment, citing the four-year period that had elapsed since the incident. The court also acquitted a third prison guard who was a witness to the mistreatment.

In 2019 the Interfederal Center for Equal Opportunities (UNIA) reported 81 complaints of excessive force or abuse of power by security forces. Of these complaints, eight out of 10 were linked to racial or religious motives. The majority occurred during unplanned interventions. The Permanent Committee for the Control of Police Services rules on an average of 30 cases per year, of which 80 percent are cleared.

On July 17, a police officer was sentenced to one year in prison plus a fine for excessive force against a migrant of Sudanese origin. The officer had violently handled the man, sprayed gas in his eyes, and destroyed his mobile telephone. The man and other migrants at the scene were then loaded into a truck, after which they were left at the Willebroeck Canal.

Impunity in the security forces was not a significant problem.

Prison and Detention Center Conditions

Prison and detention center conditions did not always meet international standards. Prison conditions, especially during the COVID-19 pandemic, presented health risks due to overcrowding, hygiene problems, inadequate physical activity, and lack of access to materials and medical care.

Physical Conditions: A study by the University of Lausanne in collaboration with the Council of Europe showed that, in 2019, the country’s prisons held 120.6 inmates per 100 prison spaces. Prison overcrowding remained a problem, despite a temporary decrease in the number of inmates.

Media reported that the overcrowding situation became more serious in the context of COVID-19, as several inmates often shared a single cell. In May the country reduced its prisoner population by 11 percent to prevent overcrowding during the pandemic, but the problem persisted. Many prisoners were made to return in June. As of June 16, however, there were 24 confirmed COVID-19 cases among the country’s prison population. As of May 29, prisoners had made 122,000 masks that were provided to every inmate, staff member, and visitor. Prisoners were allowed one visitor per week, and mail correspondence was set up between inmates and volunteers.

On October 8, the Nivelles Prison, in Brabant Province, entered lockdown after eight inmates tested positive for coronavirus. On October 10, the Huy Prison in Liege Province also entered lockdown after six prisoners tested positive for coronavirus. Increases in COVID-19 cases late in the year and strikes by prison staff increased concerns about prison overcrowding. On October 12, the local section of the International Prison Observatory requested the justice ministry to take immediate action to reduce the prison population to manageable levels during the COVID-19 pandemic.

Administration: Authorities conducted proper investigations of credible allegations of mistreatment. The federal mediator acts as an ombudsman, allowing any citizen to address problems with prison administration. The federal mediator is an independent entity appointed by the Chamber of Representatives to investigate and resolve problems between citizens and public institutions.

Independent Monitoring: The government permitted monitoring by independent nongovernmental observers, among them several domestic committees.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, and the government generally observed these requirements.

Arrest Procedures and Treatment of Detainees

Under the constitution, an individual may be arrested only while committing a crime or by a judge’s order, which must be carried out within 48 hours. The law provides detainees the right to prompt judicial determination of the legality of their detention, and authorities generally respected this right. Authorities promptly informed detainees of charges against them and provided access to an attorney (at public expense if necessary). Alternatives to incarceration included conditional release, community service, probation, and electronic monitoring. There was a functioning bail system, and a suspect could be released by meeting other obligations or conditions as determined by the judge.

e. Denial of Fair Public Trial

The constitution and law provide for an independent judiciary, and the government generally respected judicial independence and impartiality.

Trial Procedures

The constitution provides for the right to a fair and public trial, and an independent judiciary generally enforced this right.

Defendants are presumed innocent and have the right to be informed promptly and in detail of the charges against them; to a fair, timely, and public trial; to be present at their trial; to communicate with an attorney of their choice (or have one provided at public expense if unable to pay); to have adequate time and facilities to prepare a defense; to have free assistance of an interpreter (for any defendant who cannot understand or speak the language used in court); to confront prosecution or plaintiff witnesses and present one’s own witnesses and evidence; to not be compelled to testify or confess guilt; and to appeal. The law extends these rights to all defendants.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

Individuals and organizations could seek civil remedies for human rights violations through domestic courts and appeal national-level court decisions to the ECHR.

Property Restitution

The government has laws and mechanisms in place, and nongovernmental organizations (NGOs) and advocacy groups, including the country’s Jewish community, reported that the government had resolved virtually all Holocaust-era claims where ownership can be traced, including for foreign citizens. Remaining issues include restituting art and researching the role of the Belgian railways in transporting Jews and other victims to concentration camps, where many were killed.

The Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 29, 2020, can be found on the Department’s website: https://www.state.gov/reports/just-act-report-to-congress/.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution and legal code prohibit such actions, and there were no reports that the government failed to respect these prohibitions.

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, and the government generally respected these rights. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Freedom of Speech: Holocaust denial, defamation, sexist remarks and attitudes that target a specific individual, and incitement to hatred are criminal offenses, punishable by a minimum of eight days (for Holocaust denial) or one month (incitement to hatred and sexist remarks or attitudes) and up to one year in prison and fines, plus a possible revocation of the right to vote or run for public office. If the incitement to hatred was based on racism or xenophobia, the case is tried in the regular courts. If, however, the incitement stemmed from other motives, including homophobia or religious bias, a longer and more costly trial by jury generally is required. The government prosecuted and courts convicted persons under these laws.

Restrictions to the right of freedom of expression were reported, as were several cases of arbitrary detentions or excessive use of force. In April, Amnesty International reported there were at least 10 cases in which police ordered the removal from homes of banners calling for “Justice for Adil” in connection with the death of a young man of Moroccan descent when his motor scooter collided with a police vehicle. The banners aimed to call attention to police brutality and the unfair targeting of persons of Moroccan heritage (see also section 1.a.).

Freedom of Press and Media, Including Online Media: The prohibition of Holocaust denial, defamation, sexist remarks, attitudes that target a specific individual, and incitement to hatred also applies to print and broadcast media, books, and online newspapers and journals.

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, and the government generally respected these rights.

c. Freedom of Religion

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

d. Freedom of Movement

The constitution and the law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, or other persons of concern.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees, including specific subsidiary protection that goes beyond asylum criteria established by the 1951 Convention relating to the Treatment of Refugees and its 1967 protocol. Refugee status and residence permits are limited to five years and become indefinite if extended.

On March 17, the registration of new asylum seekers was temporarily halted due to the COVID-19 crisis, and De Standaard reported that the detainee number fell from 603 to 304, with detainees being released and left homeless during that month. As of April 3, online registration was again available.

Safe Country of Origin/Transit: The country denied asylum to asylum seekers who arrived from a safe country of origin or transit, pursuant to the EU’s Dublin III Regulation.

Durable Solutions: The country accepted refugees for resettlement through UNHCR, including persons located in Italy and Greece, under the EU Emergency Relocation Mechanism. The country also conducted a voluntary return program for migrants in cooperation with the International Organization for Migration.

Temporary Protection: The government also provided temporary “subsidiary” protection to individuals who did not satisfy the legal criteria for refugee status but who could not return to their country of origin due to the risk of serious harm. Under EU guidelines, individuals granted “subsidiary protection” are entitled to temporary residence permits, travel documents, access to employment, and equal access to health care, education, and housing. As of August, authorities had granted subsidiary protection to 556 individuals.

g. Stateless Persons

According to UNHCR, at the end of 2019, there were 10,933 persons in the country who fell under UNHCR’s statelessness mandate. The country did not contribute to statelessness, as the legal framework for stripping an individual of his or her citizenship does not exist except in cases of dual citizenship with another country.

To be recognized as stateless, a requester must go through legal proceedings and obtain a court ruling on his or her stateless status. Since 2017 family courts have been tasked with handling these requests in hopes of decreasing wait times. The requester may appeal the court’s ruling. Recognition of statelessness does not automatically afford a stateless person resident status in the country. Stateless persons may apply for nationality after meeting the requirements for legal residency in the country.

The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. Voting in all elections is compulsory; failure to vote is punishable by a nominal fine.

Elections and Political Participation

Recent Elections: Parliamentary elections held in May 2019 were considered free and fair.

Participation of Women and Members of Minority Groups: No laws limit participation of women or members of minority groups in the political process, and they did participate. In December 2019 Sophie Wilmes became the country’s first female prime minister and oversaw the operation of the caretaker government. In October the country established a new federal government in which there were 10 female cabinet members, more than any previous government.

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. There were isolated reports of government corruption.

Corruption: The law provides criminal penalties for official corruption, and the government generally implemented the law effectively. Following several corruption scandals in 2017 and 2018, no significant cases were reported during the year.

Financial Disclosure: The law does not require elected officials to disclose their income or revenue, but they must report if they serve on any board of directors, regardless of whether in a paid or unpaid capacity. Officials in nonelective offices are held to the same standard. Sanctions for noncompliance are infrequent but have been used in the past when triggered by public outcry.

A variety of domestic and international human rights groups operated without government restriction, investigating and publishing their findings on human rights cases. Government officials generally were cooperative and responsive to their views.

Government Human Rights Bodies: Federal and regional government ombudsmen monitored and published reports on the workings of agencies under their respective jurisdictions. The Interfederal Center for Equal Opportunities (UNIA) is responsible for promoting equal opportunity and combating discrimination and exclusion at any level (federal, regional, provincial, or local). The center enjoyed a high level of public trust, was independent in its functioning, and was well financed by the government.

During the year the government established the Federal Institute of Human Rights and nominated a board president and vice president in May. The institute will intervene where other agencies, such as UNIA or the federal center for migration, Myria, do not act. The mission of the institute is to provide opinions, recommendations, and report to the federal government, the Chamber of Representatives, the Senate, and other official bodies, to guarantee that the fundamental rights arising from the international treaties to which the country is a party are carried out. The new body is competent only at the federal level, but an interfederal approach is also envisaged via a cooperation agreement between federal and regional authorities.

Women

Rape and Domestic Violence: Rape of women or men, including spousal rape, is illegal, and the government prosecuted such cases. A convicted rapist may receive 10 to 30 years in prison. The law prohibits domestic violence and provides for fines and incarceration. Legal sanctions for domestic violence are based on the sanctions for physical violence against a third person; the latter range from eight days to 20 years in prison. In cases of domestic violence, these sanctions are doubled.

The activist blog StopFeminicide reported that 24 women died in connection with rape or domestic violence in 2019. The government does not keep a record of the number of femicides. According to 2018 federal police statistics, there were approximately 39,000 official complaints of physical, psychological, and economic violence, including 139 complaints of sexual violence, during that year.

A number of government-supported shelters and telephone helplines were available across the country for victims of domestic abuse.

According to analysis carried out in the country for the EU Commission in 2019, out of a sample of 100 rape cases, 50 of the rapists were never identified. Of the 50 who were identified, only four were judged in court: three were given a deferred sentence, while one was convicted and served prison time. In 2016 the Federal Public Service for Justice estimated that 500 to 600 of the 3,000 to 4,000 rape cases of rape reported annually ended in conviction. A survey of 2,300 male and female participants, ages 15 to 85, conducted by Amnesty International in during the year indicated that respondents believed only 4.3 percent of the reported cases lead to conviction.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C for women and girls, and it was not a widespread practice in the country. Reported cases were primarily filed by recent immigrants or asylum seekers. Criminal sanctions apply to persons convicted of FGM/C. According to 2017 estimates, there were more than 17,000 female minor and adult victims of FGM/C in the country, while more than 8,000 were at risk. The vast majority of potential victims were asylum seekers from Cote d’Ivoire, Egypt, Guinea, and Somalia.

Sexual Harassment: The law aims to prevent violence and harassment at work, obliging companies to set up internal procedures to handle employee complaints. Sexist remarks and attitudes targeting a specific individual are illegal; parties ruled guilty are subject to fines. The government generally enforced antiharassment laws.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children. All individuals have the right to manage their reproductive health. They had access to the information and means to do so, free from discrimination, coercion, or violence. No legal, social, or cultural barriers, or government policies adversely affect access to contraception. Similarly, no legal, social, or cultural barriers, or government policies adversely affect access to skilled health attendance during pregnancy and childbirth. The government provides 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: Women have the same legal rights as men. The law requires equal pay for equal work and prohibits discrimination on the grounds of gender, pregnancy, or motherhood as well as in access to goods, services, social welfare, and health care. The government generally enforced the law effectively, although many NGOs and feminist organizations reported women often had to accept part-time work due to conflicting family obligations.

Children

Birth Registration: The government registered all live births immediately. Citizenship is conferred on a child through a parent’s (or the parents’) citizenship, but, except for a few circumstances, not through birth on the country’s territory.

Child Abuse: The government continued to prosecute cases of child abuse and punish those convicted.

Child, Early, and Forced Marriage: The law provides that both (consenting) partners must be at least 18 years of age to marry. Federal police statistics for 2019 recorded 20 cases of forced marriage.

Sexual Exploitation of Children: The law prohibits sexual exploitation, abduction, and trafficking of children and includes severe penalties for child pornography and possession of pedophilic materials. Authorities enforced the law. The penalties for producing and disseminating child pornography range up to 15 years’ imprisonment and up to one year in prison for possessing such material. Local girls and foreign children were subjected to sex trafficking within the country.

The minimum age for consensual sex is 16. Statutory rape carries penalties of imprisonment for up 30 years.

In April, five men were arrested for their participation in a child pornography case involving 110 victims, 90 suspects, and some nine million images. The investigation began in 2015 and has since been referred to as the country’s largest child pornography case. The case involved three Belgians, a citizen of the Netherlands, and a UK citizen, all of whom were tried at the Dendermonde correctional court, were found guilty, and were subject to sentences ranging from five to 16 years in prison.

In September the courts convicted five persons for trafficking eight young Nigerian girls into the country. The girls, who were recruited under the promise of becoming hairdressers, were first transferred through Liberia before being forced into prostitution upon their arrival in the country.

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’s Jewish community was estimated at 40,000 persons.

In 2019 UNIA received 79 complaints of anti-Semitism, a decrease from 101 complaints in 2018. Of these, 46 reports took place on the internet, five were linked to education, five were cases of verbal aggression and threats, six were cases of vandalism, and one case involved violence. Also in 2019 the Belgian Federal Police recorded 14 cases of Holocaust denial. The civil society organization antisemitisme.be recorded 75 anti-Semitic incidents in 2019; the majority of cases were ideological (34) or took place on the internet (26), while 11 involved property damage.

A poll by the EU’s Fundamental Rights Agency found that 39 percent of local Jews had encountered verbal abuse. Authorities generally investigated and where appropriate prosecuted such cases.

While ritual slaughter for religious practice remains legal at the federal level, the Flanders and Walloon regional governments instituted bans on religious slaughter in January and September 2019, respectively. In both regional governments, the law requires that animals be stunned prior to killing. Many Muslim and Jewish communities challenged the restrictions on grounds of discrimination and violation of religious freedom. On July 8, the EU Court of Justice heard the case. On September 10, the EU’s advocate general ruled against the ban, stating that it violates EU norms. The ruling was nonbinding but serves as a precursor to the final court decision expected later. Normally court decisions align with the advocate general’s ruling. The Brussels regional government does not have a policy on ritual slaughter and has further stated that it will await the court decision before holding discussions on the subject.

On February 23, the carnival parade in the city of Aalst, as in 2019, had floats with negative caricatures of Jews as well as individuals parading in Nazi SS uniforms. In 2019 UNESCO stripped the 600-year-old event of its World Heritage status because of its anti-Semitic floats.

The law prohibits public statements that incite national, racial, or religious hatred, including denial of the Holocaust. The government prosecuted and convicted individuals under this law (also see section 2.a.). The government provided enhanced security at Jewish schools and places of worship.

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 government generally enforced these prohibitions.

While the government mandated that public buildings erected after 1970 must be accessible to persons with disabilities, many older buildings were still inaccessible. Although the law requires that prison inmates with disabilities receive adequate treatment in separate, appropriate facilities, many inmates were still incarcerated in inadequate facilities.

The National High Council for Persons with Disabilities raised concerns about access to intensive care services for persons with disabilities during the COVID-19 pandemic. UNIA stated as well that due to social distancing measures, persons with disabilities and older persons did not have equal access to health care. Cases included older persons and persons with disabilities being given oxygen without medical supervision, and a person with an intellectual disability being told to leave the hospital because he was too loud.

Members of National/Racial/Ethnic Minority Groups

Ethnic profiling continued to be a problem, and there were sometimes concerns regarding ethnic profiling by police. Amnesty International, among others, alleged that police enforcing COVID-19 lockdowns sometimes targeted ethnic minority and marginalized groups with violence, discriminatory identity checks, forced quarantines, and fines.

According to media reports, police subjected Pierrette Herzberger-Fofana, a black member of the European Parliament, to violence in Brussels in June after she attempted to video-record nine police officers “harassing” two black youths. Herzberger-Fofana filed a complaint, while police filed a countersuit for defamation.

In 2018 Sanda Dia, a black Belgian student at the Catholic University Leuven, died while allegedly participating in the Reuzengom fraternity initiation custom known as a “baptism.” According to local media outlets, Dia died of hypothermia and multiple organ failure after being subjected to the club’s ritualistic hazing. In August new information regarding Dia’s treatment alleged that the club subjected him to racist remarks during his initiation. Reuzengom members were also accused of other displays of racism, including allegedly wearing Ku Klux Klan robes, a speech at the fraternity that referred to “our good German friend, Hitler,” and a video of club members singing, “Congo is ours.” In September requests for additional investigation into the incident postponed the case’s referral to criminal court until a later date.

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

The law prohibits discrimination against lesbian, gay, bisexual, transsexual, and intersex (LGBTI) persons in housing, employment, application of nationality laws, and access to government services, such as health care. The government enforced the law, but the underreporting of crimes against the LGBTI community remained a problem.

UNIA reported that in 2019 it received 133 complaints of acts of discrimination against members of the LGBTI community, of which 35 were related to workplace discrimination or harassment. This was a record number of complaints related to LGBTI discrimination and the first time workplace discrimination was the most cited abuse. A study by the EU Agency for Fundamental Rights found that 37 percent of individuals in the country identifying as LGBTI reported avoiding certain areas to avoid being harassed, assaulted, or insulted.

UNIA received several complaints of online hate speech and incitement to violence towards the LGBTI community. One case involved a student who had commented on a teacher’s Instagram page, that homosexuality was “cancerous,” telling him to “die of AIDS.” Within the political sphere, UNIA received reports of discrimination concerning comments made by several Vlaams Belang (an extreme right political party) politicians, stating that the LGBTI community “will always be abnormal,” referring to pictures of Pride marches as “repugnant,” and saying that allowing homosexuals to marry and adopt children “is going too far.”

LGBTI persons from immigrant communities reported social discrimination within those communities.

The law provides protections for transgender persons, including legal gender recognition without first undergoing sex reassignment surgery.

Other Societal Violence or Discrimination

There were reports of physical and verbal attacks against Muslims. In 2019, the most recent year of available data, the Collective against Islamophobia in Belgium reported they had received 108 reports of discrimination. Of these, 96 investigations were opened, of which 80 were confirmed as cases of Islamophobia. In nine of 10 confirmed cases, the victims of discrimination were women. During the same year, UNIA registered 290 reports of discrimination against persons of Muslim faith.

UNIA received complaints of discrimination based on physical characteristics, political orientation, social origin, or status. Restrictions on Islamic clothing in public- and private-sector employment, schools, and public spaces affected Muslim women in particular.

In February the Brussels Court of First Instance ruled that prohibiting headscarves in sports for safety reasons was permitted and that a sports headscarf did not meet the safety requirements. In July the Constitutional Court ruled that educational institutions could prohibit religious symbols (namely headscarves), leading to protests against the ruling for disproportionately targeting girls of Muslim faith. In November a teacher in a Molenbeek school was suspended for showing caricatures of the prophet Mohammed in his class. UNIA also reported numerous instances of religious discrimination via social media. In October, two individuals were sentenced to six months of prison and a fine for running a Facebook page, Identitaires Ardennes, which featured anti-Islamic hate speech. The Audiovisual Superior Council noted an increase and normalization of online hate speech.

In November, UNIA published a report on the effect of the COVID-19 pandemic on discrimination. The study found that reports of discrimination rose by 32 percent between February 1 and August 19 in comparison with 2019. A total of 1,850 complaints which UNIA linked to the health and safety measures taken to combat the COVID-19 pandemic were registered. Discrimination reports came mainly from persons with East Asian and foreign origins, persons with disabilities, young persons, and elderly persons.

a. Freedom of Association and the Right to Collective Bargaining

For companies with more than 50 employees, the law provides workers the right to form and join independent unions of their choice without previous authorization or excessive requirements, and to conduct legal strikes and bargain collectively. The law prohibits antiunion discrimination and provides for reinstatement of workers fired for union activity. Workers exercised these rights. Citizen and noncitizen workers enjoyed the same rights. Work council elections are mandatory in enterprises with more than 100 employees, and safety and health committee elections are mandatory in companies with more than 50 employees. Employers sometimes sought judicial recourse against associations attempting to prevent workers who did not want to strike from entering the employer’s premises.

The government effectively enforced the law, but freedom of association and the right to bargain collectively were not consistently respected by employers. Penalties were commensurate with those for other violations. Worker organizations were generally free to function outside of government control. Unions complained that judicial intervention in collective disputes undermined collective bargaining rights.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, but such practices occurred. The government generally enforced the law; resources, inspections, and remediation efforts were adequate. Legal penalties were commensurate with similar crimes.

In a report published in December, the Interfederal Center for Migration (Myria) reported that the COVID-19 pandemic had the potential to protect human traffickers and render cases of forced labor less visible. Myria reported a decreased capacity for detection because the social security labor inspection services were unable to safely complete field checks. The report also noted that it was often impossible to solicit support from police forces, which were overwhelmed with enforcing health and safety measures in light of the pandemic. There was a significant drop in reports of cases of forced labor–from 3.15 cases per day in 2019 to 0.55 during the year.

Instances of forced and compulsory labor included men who were forced to work in restaurants, bars, sweatshops, horticulture, fruit farms, construction, cleaning businesses, and retail shops. Men and women were subjected to forced domestic service, including in the diplomatic community. Forced begging continued, particularly in the Romani community.

In March the criminal court of Namur convicted the owner of a Chinese restaurant in Walcourt for the forced labor of five men. The men, who did not have a valid work permit or visa, were carrying out renovations in the restaurant. They were neither paid, declared under social security, nor under contract. The owner was sentenced to six months in prison and a fine.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age of employment is 15. Persons between the ages of 15 and 18 may participate in part-time work/study programs and work full time up to a limited number of hours during the school year. The Ministry of Employment regulated industries that employ juvenile workers to ensure that labor laws were followed; it occasionally granted waivers for children temporarily employed by modeling agencies and in the entertainment business. Waivers were granted on a short-term basis and for a clearly defined performance or purpose that had to be listed in the law as an acceptable activity. The law clearly defines, according to the age of the child, the maximum amount of time that may be worked daily and the frequency of performances. A child’s earnings must be paid to a bank account under the name of the child, and the money is inaccessible until the child reaches 18 years of age.

There are laws and policies to protect children from exploitation in the workplace. The government generally enforced these laws with adequate resources and inspections; such practices reportedly occurred mainly in restaurants. Persons found in violation of child labor laws could face penalties that were commensurate with those for other serious crimes, such as kidnapping.

In October, Belgian and French police jointly dismantled a human trafficking network in which children were subjected to forced begging. According to media reports, the network had made an estimated five million euros ($6 million) in profits and controlled “begging zones” in Belgium and Paris. Police questioned 13 suspects believed to be involved in the network; the investigation remained underway in December.

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations related to employment or occupation prohibit discrimination based on race, sex, gender, disability, language, sexual orientation or gender identity, HIV-positive status or other communicable diseases, or social status, but permit companies to prohibit outward displays of religious affiliation, including headscarves (see the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/). The government effectively enforced these laws and regulations.

Some employers discriminated in employment and occupation against women, persons with disabilities, and members of certain minority groups as well as against internal and foreign migrant workers. The government took legal action based on antidiscrimination laws. UNIA facilitated arbitration or other settlements in some cases of discrimination. Settlements could involve monetary payments, community service, or other penalties.

The Employment and Labor Relations Federal Public Service generally enforced regulations effectively. Trade unions or media sometimes escalated cases, and UNIA often took a position or acted as a go-between to find solutions or to support alleged victims in the courts.

The Federal Institute for the Equality of Men and Women is responsible for promoting gender equality and may initiate lawsuits if it discovers violations of equality laws. Most complaints received during the year were work related and concerned the termination of employment due to pregnancy. Economic discrimination against women continued. According to the EU statistical office Eurostat, women’s hourly wage rates were 6 percent less than those of their male colleagues in 2017. The law requires that one-third of the board members of publicly traded companies be women.

The law requires companies with at least 50 employees to provide a clear overview of their compensation plans, a detailed breakdown by gender of their wages and fringe benefits, a gender-neutral classification of functions, and the possibility of appointing a mediator to address and follow up on gender-related problems.

The employment rate for persons with disabilities in the public sector was much lower than the quotas and targets set by public authorities.

e. Acceptable Conditions of Work

There is a monthly national minimum wage, and it is higher than the official estimate for poverty income level.

The standard workweek is 38 hours, and workers are entitled to four weeks of annual leave. Departure from these norms can occur under a collective bargaining agreement, but work may not exceed 11 hours per day or 50 hours per week. An 11-hour rest period is required between work periods. Overtime is paid at a time-and-a-half premium Monday through Saturday and double time on Sundays. The law forbids or limits excessive overtime. Without specific authorization, an employee may not work more than 65 hours of overtime during any one quarter.

The Employment and Labor Relations Federal Public Service generally enforced regulations effectively. Occupational safety and health standards were appropriate for the main industries. Inspectors from both the Ministry of Labor and the Ministry of Social Security enforced labor regulations. These ministries jointly worked to ensure that standards were effectively enforced in all sectors, including the informal sector, and that wages and working conditions were consistent with collective bargaining agreements. Wage, overtime, and occupational safety violations were most common in the restaurant, construction, and logistics industries. Some employers still operated below legal standards.

A specialized governmental department created to oversee the informal economy conducted investigations, mainly in the construction, restaurant and hotel, and cleaning sectors. Authorities may fine employers for poor working conditions but may also treat such cases as trafficking in persons.

Workers may remove themselves from situations that endanger health or safety without jeopardy to their employment. The Employment and Labor Relations Federal Public Service protected employees in this situation.

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

There were no reports that the government or its agents committed arbitrary or unlawful killings. Military investigators and prosecutors in three territorial prosecution services investigate military personnel killings; police investigators, investigative magistrates, and prosecutors investigate other security force killings.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices, but there were reports of government officials employing violent and degrading treatment. For example, on July 10, police beat and detained Dimitar Pedev for hooliganism during an antigovernment protest in Sofia, claiming he had provoked them. Pedev, who claimed he was a passerby and not a protester, felt ill in jail and was transferred to a hospital where his mother reported she found him “with a hematoma and concussion, chained to a hospital bed…even his legs.” Nongovernmental organizations (NGOs) alleged that the prison administration kept Pedev handcuffed to a bed for more than two days while doctors treated his injuries. As of December authorities were conducting an internal inquiry.

In February, 30-year-old Nikolay Ilkov claimed police in Sofia stopped him in his car, checked his documents, tested him for alcohol and drugs, and searched his vehicle for weapons and drugs. Ilkov passed the inspections but refused to go into the patrol car for an inspection of his underwear and socks. The patrol officers interpreted his refusal as aggression and three police officers held him while another beat him, leaving him with a hemorrhaged eye and a broken tooth. As of December, Sofia police were conducting an internal investigation of the case.

According to the NGO Bulgarian Helsinki Committee (BHC), police brutality in prison and detention facilities occurred with impunity. The BHC cited prosecutorial statistics obtained through a court order indicating that in 2019 the prosecution tracked 78 open cases of police violence, closed 67 cases, and carried out 13 investigations that resulted in no prosecutions, no indictments, and no convictions. According to the BHC, physical abuse of detainees by police was widespread and disproportionately affected Romani suspects. Most cases were not included in statistics, since victims often did not report it because most considered reporting abuse to be pointless.

The prosecutor general reported to the National Assembly in September that 15 cases of police violence were under investigation.

Prison and Detention Center Conditions

Conditions in prisons and detention centers were generally poor. There were reports of overcrowding in some facilities, prisoner-on-prisoner violence, prison staff corruption, and inadequate sanitary, living, and medical facilities.

Physical Conditions: In February the ombudsman recommended the closing of two low-security facilities, Keramichna Fabrika in Vratsa and Kremikovtsi near Sofia, as well as the Central Sofia Prison due to “extremely bad physical conditions, overcrowding, hygiene problems, and cockroach and bedbug infestations.” The BHC and the ombudsman identified several additional problems, including overcrowding, poor access to health care and its poor quality wherever available, declining access to education, and unjustified use of handcuffs in detention facilities and hospitals.

The BHC reported extremely poor conditions in the overcrowded detention center in Gabrovo, “the last underground jail,” located below ground level, with poor access to natural light, no ventilation, poor hygiene, no toilet or bathing facilities in the cells, and limited open-air space. In June the Ministry of Justice informed the BHC of the government’s decision to close down the Gabrovo facility and relocate it to a new facility that was being converted for that purpose.

In May the BHC urged the Supreme Judicial Council to include inmate complaints of isolation, torture, and degrading treatment in the list of “urgent” cases that courts were allowed to review during the COVID-19 state of emergency. In April the BHC reported that defendants in detention at Central Sofia Prison complained of the “lack of systematic and comprehensive health protection measures” vis-a-vis the threat of COVID-19. The complainants alleged that prison authorities mixed persons detained before and after the declaration of the pandemic and did not enforce protective and hygiene measures. The BHC claimed medical personnel did not report all cases of violence against prisoners by custodial staff to the prosecution service. As of December the prison administration reported 34 cases of prisoners and detainees infected with COVID-19, including 18 hospitalizations and one death.

In January the ombudsman reported there had been 24 deaths in 2019 at an institution for persons with dementia in the village of Gorsko Kosovo. The ombudsman identified overcrowding and poor sanitary conditions there as enduring problems. The Ministry of Labor and Social Policy inspected the facility, acknowledged the poor conditions, and suspended the placement of new residents, but did not find any violations on the part of the staff.

The ombudsman identified “extremely bad conditions” in state psychiatric hospitals, including overcrowding, poor physical conditions, meager food, and lack of adequate care. In December the Council of Europe’s Committee for the Prevention of Torture (CPT) reported “grossly insufficient” staffing at psychiatric hospitals and identified continuous physical mistreatment (slaps, pushes, punches, kicks, and hitting with sticks) of patients by staff. The CPT raised “serious concerns regarding the use of means of restraint in psychiatric hospitals,” including metal chains on wrists and ankles secured with padlocks for days on end.

The law provides for the establishment of closed-type centers or designation of closed-type areas within a refugee reception center for confinement in isolation of disorderly migrants.

Administration: Authorities investigated allegations of mistreatment. According to the CPT, the prison administration suffered from serious corruption as well as a shortage of health-care personnel. The BHC and the ombudsman also identified violations of privacy of correspondence and prison corruption as problems. Contrary to law, regulations allow night searches of sleeping quarters for unapproved possessions, and the ombudsman criticized the prison administration for conducting such searches. In December the law was amended to restrict prisoners’ right to appeal administrative acts such as punishment or relocation. These appeals are now limited to the local administrative courts, and cannot go to the Supreme Administrative Court. The ombudsman and lawyers expressed concerns that the new provision restricted prisoners’ right to justice, lead to contradictory court practices, and render citizens unequal before the law.

In March the BHC criticized the government’s decision to suspend prison visits for the duration of the coronavirus-related state of emergency (March 13 to May 13), asserting that authorities could have shown flexibility instead of instituting a general ban, since two-thirds of all prison visits took place behind a partition without physical contact. Authorities reinstated visits after May 13, when the state of emergency ended.

Human rights activists accused the prison administration of confiscating applications for membership to the Bulgarian Prisoner Association, an NGO founded by inmates to advocate for prisoner rights, and of punishing and physically abusing its members. NGOs complained that the prison administration refused to collaborate with them if the NGOs had anything to do with the Bulgarian Prisoner Association.

Independent Monitoring: The government permitted monitoring of prisons by independent nongovernmental observers. From August 10 to 21, a delegation from the CPT carried out an ad hoc visit to examine progress on the implementation of its recommendations concerning the treatment, conditions, and legal safeguards offered to psychiatric patients and residents of social care institutions.

Improvements: As of October the government refurbished a building to serve as a new detention facility in Kardjali, renovated the toilets in the detention facility in Plovdiv, and repaired the roofs of the prison facilities in Varna, Plovdiv, Pazardjik, and the detention facility in Sofia.

d. Arbitrary Arrest or Detention

Although the constitution and law prohibit arbitrary arrest and detention, there were reports that police at times abused their arrest and detention authority. The law provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, and the government generally observed these requirements.

Arrest Procedures and Treatment of Detainees

The law provides that police normally must obtain a warrant prior to apprehending an individual. Police may hold a detainee for 24 hours without charge, and a prosecutor may authorize an additional 72 hours. A court must approve detention longer than the additional 72 hours. The law prohibits holding detainees in custody without indictment for more than two months if they are charged with misdemeanors. Detainees charged with felonies may be held without indictment for eight months, while persons suspected of crimes punishable by at least 15 years’ imprisonment may be held up to 18 months without indictment. Prosecutors may not arrest military personnel without the defense minister’s approval. Authorities generally observed these laws.

The law provides for release on personal recognizance, bail, and house arrest, and these measures were widely used.

The law provides for the right to counsel from the time of detention. Regulations are that detainees have access to legal counsel no later than two hours after detention and that a lawyer have access to the detainee within 30 minutes of his or her arrival at a police station. The law provides for government-funded legal aid for low-income defendants, who could choose from a list of public defenders provided by the bar associations. A national hotline provided free legal consultations eight hours per day.

The BHC reported that police denied lawyers access to persons detained in several police precincts in Sofia during antigovernment protests on September 2, telling the detainees they were not under arrest and did not need legal assistance. The ombudsman initiated an inspection in the Second Police Precinct that identified at least two cases in which detainees did not receive immediate access to a lawyer. Further, the ombudsman found no record of meetings between detainees and lawyers despite the precinct officers’ claims of lawyers’ visits several hours after the detentions.

On May 28, the Supreme Cassation Court denied the prosecutor general’s request to reopen Bulgarian Prisoner Association leader Jock Palfreeman’s parole case. The prosecutor general had challenged the Sofia Appellate Court’s decision in the case, accusing the panel of judges of bias due to prior collaboration with the BHC, which the appellate court had asked to provide a written evaluation on the progress of Palfreeman’s rehabilitation. Palfreeman sought a retrial and was appealing the expulsion order imposed concurrent with his parole.

Arbitrary Arrest: There were reports of arbitrary detention. For example, the BHC reported receiving numerous complaints from peaceful participants in antigovernment protests on September 2 that they were detained without being involved in any illegal activities and subsequently held for a long time in overcrowded cells without access to food or water. Police actions during that day’s protests escalated after a group started throwing stones, firecrackers, and other objects at police.

e. Denial of Fair Public Trial

The constitution and law provide for an independent judiciary, but corruption, inefficiency, and lack of accountability were pervasive problems. Public trust in the judicial system remained low because of the perception that magistrates were susceptible to political pressure and rendered unequal justice.

In February the National Assembly amended the Judicial System Act, excluding judges, prosecutors, and investigating magistrates from responsibility for their official actions in an administrative court. NGOs criticized the change, noting that it will make the judiciary unaccountable for acts of discrimination committed in their official capacities.

After the COVID-19 state of emergency expired in May, the Supreme Judicial Council decided to continue restricting public access to court sessions and to allow only the presence of both sides and their legal counsels in courtrooms, citing antipandemic precautions. The council ordered court press officers to use all available methods to provide information on case developments as a replacement for public access.

According to human rights organizations, the law has low standards for a fair trial, creating possibilities for the violation of lawyers’ and defendants’ procedural rights. In an interview with Der Spiegel on September 7, Supreme Cassation Court president Lozan Panov stated, “The Supreme Judicial Council, the judicial self-governance body…mainly consists of politically appointed and controlled members. Therefore, it will be fair to say that the most important parts of the Bulgarian judiciary are under political influence and can be corrupted.”

Trial Procedures

The constitution and law provide for the right to a fair and public trial, and an independent judiciary generally enforced this right.

The law presumes defendants are innocent until proven guilty. Defendants have the right to be informed promptly and in detail of the charges against them. They have the right to a timely trial, but long delays affected the delivery of justice in criminal procedures. All court hearings are public except for cases involving national security, endangering public morals, and affecting the privacy of juvenile defendants. Defendants have the right to be present at their trials and can demand a retrial if convicted in absentia unless they were evading justice at the time of the first trial.

The constitution and the law give defendants the right to an attorney, provided at public expense for those who cannot afford one. A defense attorney is mandatory if the alleged crime carries a possible punishment of 10 or more years in prison; also if the defendant is a juvenile, foreigner, or person with mental or physical disabilities, or if the accused is absent. Defendants have the right to ample time and facilities to prepare a defense. They have the right to free interpretation as necessary from the moment they are charged through all appeals. Defendants have the right to confront witnesses, examine evidence, and present their own witnesses and evidence. Defendants are not compelled to testify or confess guilt. The law provides for the right of appeal, which was widely used.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

The law prohibits official discrimination in access to employment, education, health care, and other rights and freedoms provided in the constitution and the law. The government investigated complaints of discrimination, issued rulings, and imposed sanctions on violators. The law allows individuals to pursue a discrimination case through the court system or through the Commission for Protection against Discrimination. Individuals may file allegations of human rights abuses with courts and with the commission, which can impose fines on violators.

After all remedies in domestic courts are exhausted, individuals can appeal decisions involving alleged violations of the European Convention on Human Rights by the state to the European Court of Human Rights.

Property Restitution

According to the BHC, authorities evicted Romani families from their homes for political reasons ahead of elections, citing legal obligations to demolish illegal and hazardous buildings, while failing to provide the required support to the evicted persons, leaving them homeless.

While the government has no legislation specific to Holocaust-era property restitution, there are laws and mechanisms to address communist-era real estate claims (not including moveable property), including by foreign citizens. These laws were applied to cover Holocaust-related claims. All cases have long been closed.

The Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 29, 2020, can be found on the Department’s website: https://www.state.gov/reports/just-act-report-to-congress/.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution and law prohibit such actions. In March the National Assembly passed a law on Measures and Actions during the state of emergency that allowed law enforcement agencies to access electronic data traffic in order to control quarantined persons. NGOs expressed concern that the law does not provide for judicial control of such access nor guarantees that it will not be applied to nonquarantined persons. NGOs also expressed concern that the provision will remain a part of the legislation after the state of emergency is over.

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, and the government generally respected this right. Concerns persisted, however, that corporate and political pressure, combined with the growing and nontransparent concentration of media ownership and distribution networks, as well as government regulation of resources–including EU funds–and support for media, gravely damaged media pluralism. In July a media pluralism report conducted by the Center for Media Pluralism and Media Freedom for the European Commission, identified a “particularly high risk” for public media independence, corporate influence over editorial content, and concentration of media ownership.

In August the NGO Ethical Journalism Network reported that press freedom in the country was “under attack” by progovernment tabloid journalism, which silenced critical voices “through financial and security threats,” often forcing ethical journalists to practice self-censorship to avoid harassment and intimidation. In October the representative of Reporters without Borders covering the EU and the Balkans stated the government had no will to change and improve the media environment. The representative also accused the government of reneging on its commitment to protect media freedom.

According to the BHC, freedom of expression was in a “state of free fall,” marked by “severe political pressure on journalists and media” and “taming” of public media. According to Transparency International Bulgaria, media ownership “is often unclear” and many media outlets “are financially dependent on state advertising, which may color their reporting and affect any criticism they may otherwise provide of government authorities.” On September 30, the European Commission’s 2020 Rule of Law Report stated, “Distribution of state advertising expenditure is not based on clear and nondiscriminatory criteria.”

Freedom of Speech: The law provides for one to four years’ imprisonment for use of and incitement to “hate speech.” The law defines hate speech as instigation of hatred, discrimination, or violence based on race, ethnicity, nationality, religion, sexual orientation, marital status, social status, or disability. NGOs alleged that politically motivated hate speech, facilitated by the presence of nationalist parties in the government, increased over past years.

According to human rights lawyer Mihail Ekimdjiev, prosecutors used the penal code provision punishing the dissemination of false information to suppress free speech and target government critics. He cited as an example the charges in April against the president of the Bulgarian Pharmaceutical Union, Asena Serbezova, over her public warning of possible medicine shortage due to the COVID-19 pandemic, which, according to the prosecution, “evoked unnecessary alarm.” In July a prosecutor in Sofia indicted Serbezova and requested that the court impose a fine. In September the court rejected the case, stating that the indictment contained numerous procedural violations. At the end of October, the prosecution charged Serbezova again, and a trial was pending as of December.

Individuals generally criticized the government without official reprisal. In July, however, an employee of state-owned Sofia airport alleged that management fired him two days after he had demanded the prime minister’s resignation in a comment to the latter’s social media livestream video. The company’s human resources department justified the employee’s release with “choice of team members” by a newly appointed manager.

Freedom of Press and Media, Including Online Media: The media were active and expressed a wide variety of views. Laws restricting “hate speech” also applied to print media. According to the 2020 annual report by the partner organizations to the Council of Europe Platform to Promote the Protection of Journalism and Safety of Journalists, “Media ownership is opaque and characterized by the capture of the media market by oligarchs who use their media power to exert political influence and attack and denigrate rivals and critics.” The EU Rule of Law Report noted that many media outlets do not comply with the law that requires public disclosure of ownership, and the public did not have easy access to the disclosed information. Domestic and international organizations criticized both print and electronic media for editorial bias, lack of transparency in their financing and ownership, and susceptibility to political influence and economic incentives.

The consolidation of media ownership by oligarchs made news outlets increasingly vulnerable to political influence over editorial policy. Independent media outlets were subject to open attacks from politicians at all levels and from administrative and judicial pressure. Publicly funded Bulgarian National Television and Bulgarian National Radio were subject to attempts to control their editorial policies through politicized influence on their leadership.

Businessman and National Assembly member Delyan Peevski, who officially owns five newspapers, repeatedly used his control over print media distribution channels and advertising revenues to ensure positive coverage of affiliated political actors and the prosecutor general. Media and telecommunications conglomerate United Group offered to purchase these five newspapers from Peevski, but at year’s end the antimonopoly commission had not yet approved the deal.

Violence and Harassment: A Council of Europe report stated that independent journalists and media outlets were regularly subjected to intimidation in person and online. It reported a worsening working environment for journalists due to “open hostility of elected politicians and sustained attacks on independent media through administrative and judicial harassment, as well as physical threats.”

In one example of an attack on journalists, on March 17, three masked men attacked the prominent investigative journalist and chief editor of the 168 Chassa weekly, Slavi Angelov, in front of his home, beating him and inflicting severe injuries. On April 23, the prosecutor general announced that police arrested the alleged attackers, brothers Georgi and Nikola Asenov and Biser Mitov. The prosecutor general further stated that “persons who seek to destabilize the government, are targets of a criminal investigation, and are hiding…outside the country” and had ordered the attack. As of December pretrial proceedings were ongoing; one defendant was released on bail.

On May 22, Reporters without Borders alleged the trial of Economedia publisher Ivo Prokopiev for privatization fraud was an instance of “increasing political pressure against the main independent media group” by “politically controlled bodies” in “response to journalistic investigations that revealed unpleasant truths of corruption cases.” They noted the judicial irregularities behind the case and that the prosecutor general was practicing selective prosecution, pressing charges against Prokopiev but not Delyan Peevski, for example, a controversial oligarch who controls a large segment of the media environment.

In September the Association of European Journalists condemned “the illegal arrest and police violence against journalist Dimitar Kenarov” while Kenarov covered an antigovernment protest. According to Kenarov’s post on social media and eyewitness statements, police grabbed him, threw him on the ground, and kicked his head before snatching his camera and leaving him handcuffed and on the ground for hours. Responding to a media query in December, the Ministry of Interior reported that despite Kenarov’s visible wounds and multiple witness statements, its internal investigation concluded there was no evidence police had used any force against Kenarov, and closed the investigation.

Censorship or Content Restrictions: Journalists reported editorial prohibitions on covering specific persons and topics, and the imposition of political points of view by corporate leaders, with the implied support of the government.

In early 2019 oligarch Kiril Domuschiev acquired the country’s largest private media operator, Nova Broadcasting Group. Several respected investigative journalists and employees were fired from its flagship Nova TV station in January and February, and others left due to pressure or disagreements with the new owners. They were replaced by executives and journalists from Kanal 3, a television station believed to be tied to oligarch and National Assembly member Delyan Peevski. Media analysts assessed that Nova Group-affiliated media outlets shifted editorial policy towards a more progovernment stance. Contacts at Nova TV stated the station continued to lose journalists and other professionals after the initial round of firings, discouraged by appointments of a co-CEO and news director from Kanal 3, who were close to Peevski. Nova TV journalists said their copy was being rewritten by the new executives, so they were not allowed any freedom in reporting the news. Other journalists were thought to have been sent on assignments with prepared copy for their reports. Journalists who left Nova TV stated they were looking for jobs in other sectors because they do not feel there is any hope for professional, good journalism in the country.

Libel/Slander Laws: Libel is illegal and punishable by a fine and public censure. According to the Association of European Journalists’ October survey, 49 percent of journalists viewed slander as a major harassment tool against their work, including lawsuits against their publications.

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content. There were reports, however, that the government exceeded its legal authority in monitoring private online communications, and that security services routinely questioned individuals about their social media behavior.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, and the government mostly respected these rights.

Freedom of Peaceful Assembly

There were numerous reports and video clips shared on social media of police violence during antigovernment protests in July, August, and September. The BHC and the ombudsman stated they had received numerous reports of “disproportionate use of force” against nonviolent protesters, including punching, kicking, dragging, and beating handcuffed persons. The ombudsman noted that some police officers used brass knuckles, which is illegal. A video shared online showed how on July 10, police grabbed and handcuffed protesting law student Evgeni Marchev and dragged him behind a column where four officers beat him. Marchev was hospitalized with head and chest injuries and bruises covering his body. On July 27, the Ministry of Interior announced that the four police officers involved would receive disciplinary sanctions for “violating basic rights of citizens by use of excessive physical force” but declined to share details of the sanctions.

Two business owners, Marian Kolev of the toy store Hippoland and Yordan Kostadinov of the winery Zagrey, complained that several government bodies conducted thorough inspections of their companies just two days after their employees participated in the September 2 protest in Sofia against the government and the prosecutor general. The Hippoland employees wore company-logo shirts and the Zagrey employees used a company vehicle for transportation to Sofia. The inspections failed to identify any wrongdoing, but the two businessmen expressed skepticism in the ability of so many government agencies to coordinate inspections, suspecting harassment. On November 12, the Commission for Protection of Competition fined Hippoland for unfair competition.

Freedom of Association

Authorities continued to deny registration of ethnic-Macedonian activist groups such as the United Macedonian Organization-Ilinden, the Society of Oppressed Macedonians, Victims of Communist Terror, and the Macedonian Ethnic Tolerance Club in Bulgaria, despite a May judgment and more than 10 prior decisions by the European Court of Human Rights that the denials violated the groups’ freedom of association. On October 1, the Council of Europe’s Committee for the Prevention of Torture expressed in an interim resolution “deep concern” with regard to authorities’ “formalistic application of legal requirements” applied persistently to refuse registration to the United Macedonian Organization-Ilinden and similar associations since 2006. In November 2019 the prosecutor general acted on Internal Macedonian Revolutionary Organization (VMRO) leader and defense minister Krasimir Karakachanov’s complaint about attempts by two associations, the Civil Association for Protection of Fundamental Individual Human Rights and Ancient Macedonians, to create a Macedonian minority. The prosecutor general petitioned the court to dissolve the associations, accusing them of a political agenda threatening the unity and security of the nation.

c. Freedom of Religion

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

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. During the state of emergency from March to May due to the COVID-19 pandemic, the government limited internal travel and established police checkpoints to enforce public health orders. Subsequent health emergency orders did not include travel restrictions or checkpoints.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, or other persons of concern.

Abuse of Migrants, Refugees, and Stateless Persons: Human rights organizations continued to report widespread “pushbacks,” violence, robbery, and humiliating practices against migrants and asylum seekers along the border with Turkey. As of December the Ministry of Interior reported 11,751 attempts to enter the country irregularly across the border during which border authorities detained 426 persons. According to the NGO Bordermonitoring, border authorities on February 28 pushed back 60 migrants on the border with Turkey, referring to a press release by the defense minister which stated, “border police stopped two groups of approximately 30 migrants each and prevented them from crossing the border.” The BHC alleged that the government had a strategy of “neglecting to detect and apprehend” a major portion of the asylum seekers entering the country in order to “evade the ensuing responsibilities under the Dublin regulation or a bilateral readmission treaty.”

Refoulement: The BHC alleged that the Migration Directorate deported asylum seekers before completion of their refugee status determination. In July, Radio Free Europe reported that the prime minister and the prosecutor general personally approved the 2016 deportation of businessman Abdullah Buyuk to Turkey on grounds that his identification papers had expired. Radio Free Europe alleged the deportation was in response to the Turkish Embassy’s unofficial request for Buyuk’s extradition for his alleged ties with Fethullah Gulen. In 2016 NGOs accused authorities of violating a court order prohibiting the extradition of Buyuk, who had filed for political asylum, thus breaching due process. On October 9, the minister of interior reported to the National Assembly that authorities had deported Buyuk under the EU-Turkey readmission agreement, in addition to 90 other Turkish citizens in 2016, 105 in 2017, 70 in 2018, 108 in 2019, and 58 in 2020.

Access to Asylum: The law provides for granting asylum or refugee status, and the government has established a system for protecting refugees. The president may grant asylum to persons who are persecuted for their belief or activities advocating for internationally recognized rights and freedoms. Asylum seekers who cross the border irregularly are subject to detention. The BHC expressed concerns about the transparency and objectivity of the refugee status determination process, alleging that refugee center directors could alter the case officer’s determination to grant protection or not and even replace a case officer without proper justification.

Freedom of Movement: The law restricts asylum seekers’ movement to the administrative region in which the reception center accommodating them is located. The restriction is valid until the asylum process is completed.

Access to Basic Services: Asylum seekers had access to school education, health-care, and language instruction. The law authorizes mayors to sign integration agreements with persons who have refugee status, specifying the services they will receive–housing, education, language training, health services, professional qualification, and job search assistance–as well as the obligations of the responsible institutions. NGOs claimed the government made inconsistent efforts to integrate refugees. According to the Asylum Information Database report on the country published in February, “No integration activities are planned, funded, or made available to recognized refugees or subsidiary protection holders.”

A safety zone for unaccompanied children seeking asylum was available at two reception centers in Sofia to provide 24-hour care and specialized services in an environment adapted to their needs.

Durable Solutions: The government accepted refugees for resettlement, offered naturalization to refugees residing on its territory, and assisted in their voluntary return to their homes. In November authorities relocated 17 unaccompanied refugee children from Greece as part of the country’s commitment to accept 70 unaccompanied children, including 20 from Greece.

Temporary Protection: The Council of Ministers may provide temporary protection in case of mass influx of foreign nationals driven by an armed conflict, civil war, violence, or large-scale human rights violations in their country of origin, as determined by the Council of the European Union. The government also provided humanitarian protection to individuals who may not qualify as refugees and provided it to 443 persons during the year, as of December.

The constitution and law provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: There were no reports of major irregularities during the snap general election in 2017 or the 2016 presidential election. Most political commentators, including the election observation mission of the Office for Democratic Institutions and Human Rights (ODIHR) of the Organization for Security and Cooperation in Europe, considered the general election free and fair, while noting that “some parties used inflammatory and xenophobic rhetoric, mainly against Roma and Turkish communities.”

The law prohibits campaigning in languages other than Bulgarian. According to ODIHR, this requirement, as well as the absence of official voter information in minority languages, limited the ability of ethnic minority groups to understand election rules and to participate effectively in the election process. NGOs reported that address registration laws limited the ability of Roma occupying illegal housing to obtain identity cards, which in turn restricted their ability to register for and vote in elections.

Transparency International Bulgaria reported numerous cases of controlled voting and organizational violations that “infringe significantly on voter rights and could be assessed as an indicator of deliberate interference with the electoral process” during the two local election rounds in October and November 2019.

Political Parties and Political Participation: The law requires a political party to have at least 2,500 members to register officially. The constitution prohibits the establishment of political parties along religious, ethnic, or racial lines, but the prohibition did not appear to weaken the role of some ethnic minorities in the political process, as a number of parties represented various ethnic minority groups. NGOs may not engage in political activity.

Participation of Women and Members of Minority Groups: No laws limit participation of women or members of minority groups in the political process, and they did participate. Women held mayoral offices in 37 out of 265 municipalities and 27 percent of elected seats in the National Assembly. There were no Romani members in the National Assembly, and Roma were underrepresented in appointed leadership positions compared to the size of their population. Ethnic Turks, Roma, and Pomaks (descendants of Slavic Bulgarians who converted to Islam under Ottoman rule) held elected positions at the local level.

While the law provides criminal penalties for corruption by officials, the government did not implement the law effectively, and officials in all branches of government reportedly engaged in corrupt practices with impunity. There were reports of government corruption, including bribery, conflict of interest, elaborate embezzlement schemes, procurement violations, and influence trading.

In May the EC’s annual European Semester Report identified corruption as a major obstacle to investment, noting that “challenges persist in the fight against corruption,” and that the country “still lacks a solid criminal track record of concrete results on high-level corruption cases.” In its September report, the EC noted that “the legal framework to fight corruption is largely in place” but identified “the complex and formalistic…system of criminal procedural law… as an obstacle to the investigation and prosecution of high-level corruption.”

Corruption: The prosecutor general reported to the National Assembly that as of September prosecutors had opened 525 new investigations, bringing the total number of ongoing corruption cases to 2,282, and they had indicted 283 persons, obtaining 156 convictions. According to the annual report of the prosecution service, less than 5 percent of corruption convictions resulted in prison time. In June the NGO Anticorruption Fund reported that out of 40 high-profile investigations in the previous five years against former ministers, deputy ministers, National Assembly members, and magistrates it has monitored, only three resulted in convictions, resulting in two suspended sentences and one fine, while seven cases ended in acquittal, five cases were pending appeal, and the rest were mostly in an uncertain status.

On July 6, the Specialized Appellate Criminal Court reduced the sentence of the bribery conviction of the former mayor of Sofia’s Mladost district, Desislava Ivancheva, from 20 to eight years in prison, a fine, and a ban on holding high-level public office for 20 years. The prison sentences of Ivancheva’s codefendants Bilyana Pеtrova and Petko Dyulgerov were also reduced from 15 to seven years and 12 to six years, respectively. According to the prosecution, Ivancheva solicited a 500,000 euro ($600,000) bribe from an investor in construction projects, with Dyulgerov serving as intermediary and Petrova as an accomplice.

In September a prosecutor indicted the former head of the State Agency for Bulgarians Abroad, Petar Haralampiev, and three other employees of the agency for receiving bribes and trading in influence to aid foreign citizens in obtaining the country’s passports. Haralampiev and the first secretary of the agency were also charged with various types of malfeasance. As of December the court had not scheduled a trial.

Financial Disclosure: The law mandates that government officials make annual public declarations of their assets and income as well as any circumstances in which they could face accusations of using their position for personal gain. The Commission for Combating Corruption and Forfeiture of Illicit Assets verified and monitored disclosures for all officials except magistrates, whose declarations were monitored by the Supreme Judicial Council’s inspectorate. High-level public officials and magistrates who fail to submit a financial disclosure declaration can incur fines. The provision was enforced.

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Human rights observers reported uneven levels of cooperation from national and local government officials.

Some political parties, civic movements, and media outlets publicly attacked and advocated closing certain NGOs that defended particular minority groups and obtained funding from foreign donors. In February the government established a Civil Society Development Council headed by a deputy prime minister. In June the Commission for Combating Corruption and Forfeiture of Illicit Assets suspended the formation of the council. The commission challenged the election of council members over concerns that the election was insufficiently publicized and only a small number of NGOs participated, limiting the choice of members and making the body unrepresentative. The commission was also concerned the council would be in a position to disburse a large amount of government grant funds, creating potential conflicts of interest. NGOs dismissed the commission’s arguments and in turn accused the commission of furthering the anti-NGO political agenda of the VMRO party. As of October the government had not responded to the commission, and the council remained suspended.

As in past years, BHC staff reported receiving threats and spontaneous verbal assaults by persons who recognized them.

Government Human Rights Bodies: The ombudsman is an independent constitutional body elected by the National Assembly, with a five-year mandate. The ombudsman reviews individuals’ complaints against the government for violations of rights and freedoms. The ombudsman can request information from authorities, act as an intermediary in resolving disputes, make proposals to end existing practices, refer information to the prosecution service, and request the Constitutional Court to abolish legal provisions as unconstitutional.

The Commission for Protection against Discrimination is an independent specialized agency for preventing and protecting against discrimination and ensuring equal opportunity.

A National Assembly permanent committee covers religious denominations and human rights.

Women

Rape and Domestic Violence: The law criminalizes rape, and authorities generally enforced its provisions when violations came to their attention. Sentences for rape convictions range up to 20 years in prison. There is no specific criminal law against spousal rape; authorities could prosecute spousal rape under the general rape statute, but rarely did so. According to the NGO Bulgarian Fund for Women, domestic violence helplines received up to 50 percent more reports between April and November during the COVID-19 pandemic.

The law provides penalties of up to 10 years’ imprisonment for crimes committed in the context of domestic violence. The law defines domestic violence as systematic physical, sexual, or psychological violence; subjection to economic dependence; or coercive restriction of the personal life, personal liberty, and personal rights of a parent or child, a spouse or former spouse, a person with whom one shares a child, a cohabiting partner or former cohabiting partner, or a member or former member of the same household. The law restricts the persons who can report domestic violence to the victim or the victim’s direct relatives, and excludes friends and other unrelated persons. The law empowers courts to impose fines, issue restraining or eviction orders, and to order special counseling. Noncompliance with a restraining order may result in imprisonment for up to three years, or a fine. According to a nationwide study on violence commissioned by the Ministry of Labor and Social Policy and released in February, 56 percent of the population has experienced domestic violence.

In one example, on June 9, the Sofia regional court sentenced a man to one year in prison for inflicting bodily injuries on his wife of 15 years. The court heard testimony from witnesses including the victim, her daughter, a neighbor, and police who responded to an emergency call during a family altercation. The victim also had medical records showing injuries from two prior assaults. According to the victim, she only filed a complaint after long-term abuse because she noticed that her 10-year-old son had started copying his father’s behavior.

In January the NGO Center for Creative Justice reported concerns that the law does not provide sufficient protection to victims of domestic violence. In addition, a Supreme Cassation Court judgment granting a perpetrator of domestic violence the right to collect rent from the survivor could discourage victims from reporting domestic violence or petitioning for a restraining order. In June the ombudsman criticized the legal provisions exonerating the offending person from prosecution for inflicting a medium injury (e.g., a broken tooth) or a more serious injury, such as deliberately infecting a person with a sexually transmitted disease, and sent the Justice Ministry a proposal for abolishing these legal provisions.

NGOs continued to express concern over an increase in cases in which women or girls were killed as a result of domestic violence. NGOs criticized authorities for not tracking domestic violence cases and not keeping statistics, which NGOs claimed were needed for authorities to assess the risk of abuse turning deadly.

In June, Sofia police reported nine deaths from domestic violence since the beginning of the COVID-19-related state of emergency in mid-March, in addition to receiving 3,500 reports of domestic aggression and the Sofia City Court issuing 600 restraining orders. In September, for example, a man set his partner on fire in the village of Tri Kladentsi while she was sleeping. The woman died in the hospital. According to news reports, the man had previously attempted to drown her in a lake. As of October pretrial proceedings were underway and the perpetrator remained in custody.

The Animus Association Foundation and other NGOs provided short-term protection and counseling to domestic violence survivors in 22 crisis centers and shelters throughout the country. The government funded an NGO-operated 24-hour free helpline that survivors could call for counseling, information, and support, as well as to report abuse. Police and social workers referred domestic violence survivors to NGO-run shelters.

Sexual Harassment: The law identifies sexual harassment as a specific form of discrimination rather than a criminal offense, although prosecutors may identify cases in which harassment involves coercion combined with sexual exploitation. If prosecuted as coercion, sexual harassment is punishable by up to six years in prison.

Reproductive Rights: Couples and individuals generally have the right to decide the number, spacing, and timing of their children and had access to the information and means to do so, free from discrimination, coercion, or violence. Women in poor rural areas and Romani communities had less access to contraception due to poverty and lack of information and education. The cost of contraception was not covered by health insurance. Individuals younger than 16 could not schedule an appointment with a gynecologist or have an HIV test performed without parental consent. Lack of health insurance sometimes limited skilled attendance at childbirth. According to the Bulgarian Helsinki Committee, approximately half of all uninsured women, or between 8 and 9 percent of all women in the country, did not receive prenatal care, and approximately 80 percent of those uninsured (about 12 to 14 percent of all women) did not have access to relevant medical tests. Home births were illegal, and medical personnel could be prosecuted if they assisted them.

There were reports that maternity services were denied during the year due to COVID-19-related restrictions. In November and December, media reported that some hospitals refused to admit women in labor unless they produced a negative polymerase chain reaction test for the disease.

Victims of sexual violence, who NGOs stated were mainly uninsured, often did not have access to sexual and reproductive health services. Trafficking victims had access to health care through NGOs approved by authorities.

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

Discrimination: While the law provides women the same legal status and rights as men, women faced some discrimination in economic participation and political empowerment. The law establishes equal opportunities in all spheres of public, economic, and political life, equal access to public resources, equal treatment, exclusion of gender-based discrimination and violence, balanced representation of men and women in decision-making authorities, and overcoming gender-based stereotypes.

In March the UN Committee on the Elimination of Discrimination against Women identified an increased number of cases in the country of “antigender discourse in the public domain, public backlash in the perception of gender equality, and misogynistic statements in the media, including by high-ranking politicians.” The committee also expressed concern that women facing discrimination had “limited access to justice owing to pervasive corruption, social stigma, the inaccessibility of the judicial system, and gender bias among law enforcement officers.” The committee further noted that women with disabilities and Romani women were “underrepresented in the parliament, ministerial positions, decision-making positions at the municipal level, and high-ranking posts in the foreign service.”

On December 22, the government adopted the new 10-year National Strategy for Encouraging the Equality between Women and Men, which focuses on five priority areas: equality in the labor market and an equal level of economic independence; decreasing the gender pay gap and income gaps; equal participation in decision-making; combating gender-based violence and providing victim protection and support; and overcoming gender stereotypes and sexism.

According to the National Statistical Institute, in 2019 women received on average pensions that were 32 percent lower than those for men. Women faced discrimination in employment, in the workplace, and in access to pension benefits and retirement (see section 7.d.).

Children

Birth Registration: Citizenship derives from one’s parents or by birth within the country’s territory, unless one receives foreign citizenship by heritage. The law requires birth registration within seven days.

Education: Due to a lack of access to appropriate devices or the internet, the Ministry of Education estimated that 35,000 children could not fully participate in education after the COVID-19 pandemic forced schools to switch to online learning in mid-March. The Romani NGO Amalipe conducted a survey in 200 schools with majority Romani enrollment and found that in a quarter of them, more than 50 percent of the students did not have devices able to access online content. In 20 percent of the schools, most students could not afford to pay for suitable internet service. The survey found that 13 percent of the schools served neighborhoods where there was no internet service available.

Child Abuse: The law protects children against any type of abuse, including physical, psychological, and sexual violence and exploitation. The law punishes violators with fines, unless the abuses constitute a criminal or more severe administrative offense. Violence against children continued to be a problem.

In February the State Agency for Child Protection announced that it was taking over the national helpline for children from NGOs, explaining that the agency was ready to operate the system and that the public preferred the government to operate the helpline. In an open letter to the prime minister, 76 NGOs expressed concern that the transition would jeopardize the helpline’s operation and put at risk children and parents who seek help. The NGOs voiced suspicion that the decision stemmed from the “propaganda, misinformation, and fake news regarding the work of the helpline” spread throughout 2019 by other NGOs such as March for the Family and Parents United for Children, nationalist political parties such as VMRO and Vazrazhdane, and the Holy Synod of the Bulgarian Orthodox Church in a campaign against the government’s draft Strategy for the Child 2019-2030.

In June the NGO National Network for Children released its ninth annual “report card,” which concluded that “the government departed from the development of policies supporting children and families.”

In July a video posted on social networks showed a 32-year-old woman from Pernik beating her three-year-old daughter severely “because your father does not love you, he does not love me either.” The mother recorded it herself to “punish” the father. Authorities placed the child in a family-type home and brought charges for domestic abuse against the mother.

According to UNICEF one-third of all schoolchildren had experienced violence or harassment in school at least once within the year.

Child, Early, and Forced Marriage: The minimum age for marriage is 18. In exceptional cases, a person may enter into marriage at 16 with permission from the regional court. In its concluding observations in March, the UN Committee on the Elimination of Discrimination against Women expressed concern about the “persistence of child and/or forced marriages, in particular among Roma girls.” NGOs criticized authorities for treating early marriages as an ethnic Romani rather than a gender problem but acknowledged that child marriage was pervasive in Romani communities. As of September 23, the country’s courts had sentenced 85 adults for cohabiting with girls younger than 16, 11 adults for cohabiting with girls younger than 14, and 11 parents for aiding and abetting such cohabitation.

Sexual Exploitation of Children: The law differentiates between forcing children into prostitution, which is punishable by up to eight years’ imprisonment and a fine, and child sex trafficking, which is punishable by up to 10 years’ imprisonment and a fine. The law prohibits child pornography and provides for up to six years in prison and a fine for violations. Authorities enforced the law. The legal minimum age for consensual sex is 14. The report on the April 2019 visit of the UN special rapporteur on the sale and sexual exploitation of children found that “child sexual exploitation, including sexual abuse within the inner circle of trust and at a residential institution, is real and extensive.” The report acknowledged there was a lack of systematic and reliable data on the scope of the problem and cited evidence gathered from child protection stakeholders. The report also identified insufficient cooperation among the various authorities engaged in child protection as a problem.

Displaced Children: As of November a total of 512 unaccompanied minors sought asylum in the country, almost the same number as during the same period in 2019. As of October the Supreme Administrative Court was reviewing a case based on the 2017 petition from the ombudsman to establish uniform legal treatment of unaccompanied children across the court system. According to the ombudsman, courts apply varying standards for determining whether migrant children are unaccompanied and routinely placed children designated as such in detention centers for irregular migrants.

Institutionalized Children: The government continued to close residential care institutions for children. As of January a total of 476 children remained to be relocated from the 19 legacy facilities and placed in community-based care. According to the government, the focus of the reform was on preventing child abandonment and encouraging reintegration in a family environment. NGOs, however, believed that the new family-type placement centers did not ensure improved quality of life for children and the quality of family support services remained unchanged.

In November 2019, the NGO Disabilities Rights International published a report which concluded that the country’s deinstitutionalization reform had “replaced a system of large, old orphanages with newer, smaller buildings that are still operating as institutions” and that, while physical conditions in group homes were clean, they remained “dehumanizing and dangerous.” Most of the institutions in question housed children with disabilities, and while they provided good physical conditions (having been recently renovated or built), NGOs alleged that the service providers–other NGOs–isolated residents and immobilized them to avoid any trouble. The Ministry of Labor and Social Policy described the report’s findings as “biased, nonrepresentative, and seeking to demean the deinstitutionalization process.”

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 2011 census indicated that 1,130 Jews lived in the country, but local Jewish organizations estimated the actual number was 5,000 to 6,000.

Anti-Semitic rhetoric continued to appear regularly on social networking sites and as comments under online media articles. The Organization of Bulgarian Jews, or “Shalom,” reported a trend of increasing online anti-Semitic speech and conspiracy theories in the context of the coronavirus pandemic, as well as periodic vandalism of Jewish cemeteries and monuments. Souvenirs with Nazi insignia were available in tourist areas around the country. According to Shalom, the national coordinator on combating anti-Semitism and the Ministry of Interior “responded unfailingly” to anti-Semitic incidents, but weak laws prevented the authorities from punishing offenders more severely.

In January vandals broke tombstones and fences in the Jewish cemetery in Shumen. As of October authorities had not identified the perpetrators of the incident. In June vandals defaced a playground and the facades of the adjacent houses in Sofia with 56 swastikas. Authorities responded quickly, cleaning up the playground.

In February the Supreme Administrative Court upheld Sofia mayor Yordanka Fandakova’s ban on an annual march which gathers right-wing extremists from across Europe to honor Hristo Lukov, 1940s leader of an anti-Semitic and pro-Nazi organization, the Union of Bulgarian National Legions. The mayor’s ban cited serious concerns that a torchlight march in downtown Sofia would disrupt public order; the ban restricted the event to laying flowers at Lukov’s plaque in front of his house on February 22. The Ministry of Foreign Affairs, the Democratic Bulgaria alliance, the Bulgarian Socialist Party, NGOs, international organizations, and diplomatic missions denounced the rally. On February 10, a prosecutor petitioned the Sofia city court with a claim for deregistration of the rally organizer, Bulgarian National Union-Edelweiss, claiming its activity violated individual rights, incited ethnic, racial, and religious hostility and homophobia, spread anti-Semitic propaganda, and undermined national integrity. As of December the case was ongoing in the Sofia city court.

In June, Shalom reported organizations such as the Revived Bulgaria-Bulgarian National Unity and Military Union-Bulgarian National Movement, or “Shipka,” spread online propaganda alleging Jews were involved in the COVID-19 pandemic in order to provide “a deadly pseudoantidote” that would lead to the “mass extermination of people.” Authorities issued a warning protocol to Shipka leader Lyudmila Kostadinova, informing her that she would be held criminally liable if she persisted in making anti-Semitic statements.

On December 16, Sofia University fired Mihail Mirchev, a part-time professor teaching a course on social work with ethnic groups, after the university’s ethics commission found his lectures included negative ethnic stereotypes and denigrating cliches. The university’s decision came after a student society, Shalom, and other NGOs protested that Mirchev’s lectures featured racist, xenophobic, and anti-Semitic content such as: “Is it possible that Bulgaria could turn into a Jewish country if they, being fewer than 1 percent, own the state, the capital, the media, and the art?” Mirchev explained to the ethics commission that his words had been taken out of context and he denied sharing such views.

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 physical, mental, intellectual, and sensory disabilities, including their access to health services, education, employment, housing, public infrastructure, transportation, sports and cultural events, public and political events, the judicial system, and other services. The government did not effectively enforce these provisions, focusing most of its efforts on providing disability pensions, social services, and institutional care. According to NGOs, the ongoing deinstitutionalization, which was designed to be a carbon copy of a similar reform of childcare institutions, failed to reintegrate persons with disabilities in the community. Instead, the government allocated domestic and EU resources for institutional care.

In January 2019 the prosecution service opened investigations against members of medical expert evaluation boards for defrauding the country’s social assistance system by approving “fake disability pensions.” As of October the investigations were ongoing.

While the law requires improved access to public and transportation infrastructure for persons with disabilities, enforcement lagged in some new public works projects and existing buildings. The Commission for Protection against Discrimination continued its nationwide campaign of inspecting public buildings, utility providers, telecommunications operators, banks, and insurance companies. Those not in compliance with the law for persons with disabilities were fined. According to the commission, while there was a general consensus on the problems faced by persons with disabilities, solutions took time to implement, and persons with disabilities had difficulty accessing not only public infrastructure, but also employment, health-care services, and education. According to the informal group Accessibility Alliance, the public environment for persons with disabilities remained a problem, as the law does not require accessibility of public development projects.

The law promotes the employment of persons with disabilities and covers 30 to 50 percent of an employer’s related insurance costs in addition to the full cost of modifying and equipping workplaces to accommodate them. The government provided a 24-month program of subsidies for employers who hire unemployed persons with a permanent disability. The law requires that companies with 50 to 99 employees hire at least one person with a permanent disability; in larger companies, persons with permanent disabilities must make up at least 2 percent of the workforce. According to the National Statistical Institute, in 2019 the number of unemployed persons with disabilities dropped by 4.8 percent and the number of employed persons with disabilities increased twofold compared to 2018.

Individuals with mental and physical disabilities were widely stigmatized and often housed in institutions in remote areas under harsh conditions. According to NGOs, the government did not provide adequate medical care for all persons with mental disabilities. In February 2019 the NGOs European Network for Independent Living, the Center for Independent Living, and the Validity Foundation issued a petition that claimed replacing legacy institutions with smaller community-based centers would result in “transinstitutionalization” and fail to deal with the “deeply ingrained discrimination, social exclusion, and segregation of these groups.”

The Ministry of Education transformed most of the 55 “special schools” for students with specific education needs into education support centers, leaving only five segregated schools with approximately 500 students with sensory and hearing disabilities. Most of the remaining 18,000 students with disabilities attended mainstream schools. Those studying in segregated schools received diplomas that higher-level learning establishments did not recognize as qualifying the student for further education.

In July the NGO Life with Down Syndrome Foundation petitioned authorities with a claim that medical certification regulations discriminated against children with Down syndrome, neglected their needs, damaged their entitlement to financial support, and restricted their right to a quality and dignified life. The regulations instruct the assessment committee to assign children with genetic anomalies up to the age of three a 50 percent disability and those older than age three a 30 percent disability, which determines the level of support they are entitled to, including financial benefits, and depriving them of additional opportunities for physical and psychological development.

NGOs believed police and prosecutors lacked training and skills in dealing with persons with mental disabilities and often traumatized them further with their actions.

The law provides specific measures for persons with disabilities to have access to the polls, including mobile ballot boxes, voting in a polling station of their choice, and assisted voting. According to the OSCE Office of Democratic Institutions and Human Rights, those measures were “not sufficient to ensure equal participation, especially for persons with visual impairments who cannot vote independently.”

Members of National/Racial/Ethnic Minority Groups

Societal intolerance against minority groups persisted, and manifested in occasional violence against the Roma in particular, as well as societal discrimination against ethnic Turks. Political and government actors sometimes condoned or prompted it. Human rights organizations reported that the level of racial discrimination against Roma persisted and increased during the coronavirus state of emergency. Media outlets often described Roma and other minority groups using discriminatory, denigrating, and abusive language, highlighting instances in which Romani persons had committed a crime. Nationalist parties such as Ataka, VMRO, and the National Front for Salvation of Bulgaria routinely resorted to strong anti-Romani, anti-Turkish, and anti-Semitic slogans and rhetoric. In May the UN special rapporteurs on racism and minority issues stated that “racial discrimination and racism within state institutions is a reality,” and called on the government to condemn hate speech and racist and nationalist populism targeting Roma and other minorities.

On May 14, four persons between the ages of 16 and 20 assaulted a 15-year-old Rom, Stefan Stefanov, near a school in Lyaskovets while he was on his way to a local shop. Stefanov subsequently stated that he lost consciousness after the first punch and only remembered waking up later in a park. According to media reports, the attackers’ parents offered to pay Stefanov a settlement if his family withdrew the charges. As of October police were investigating.

According to NGOs, government authorities, pressured by governing coalition member VMRO, imposed ethnically biased measures on Romani neighborhoods during the coronavirus crisis by restricting movement to and from them with police checkpoints even before identifying cases of infection. Local governments quarantined at least nine Romani neighborhoods during the pandemic compared with only three non-Romani communities. NGOs pointed out that while Romani neighborhoods were locked down, which restricted their residents’ access to basic services such as pharmacies and supermarkets, and contributed to higher unemployment, other neighborhoods with the same, or sometimes worse, levels of COVID-19 remained open. After the government lifted the state of emergency in May, VMRO insisted that Romani “ghettos” should remain restricted.

According to the Standing Roma Conference, local authorities disproportionately targeted illegal Romani dwellings for demolition. NGOs frequently petitioned the European Court of Human Rights to order the government to freeze the razing of homes in Romani neighborhoods until authorities provided adequate alternative accommodation for pregnant women, children, the elderly, and sick persons. In August the local government in Stara Zagora demolished 97 illegally built dwellings in the Romani neighborhood of Loznitsa, planning to turn the open space into a pine forest. Residents affected by the demolition told journalists they had been paying taxes on their properties and had no housing alternative, but the municipality had refused to sell them the land and legalize the houses.

The law establishes Bulgarian as the official language of instruction in the country’s public education system but allows instruction in foreign languages, provided that instruction in Bulgarian language and literature is conducted in Bulgarian. The law also permits study of the mother tongue. Local government and school officials reported they were instructed to ensure that primary school classes were conducted only in Bulgarian, even in schools where more than 50 percent of the students had Turkish or Romani as their mother tongue. There were officially approved curricula for the teaching of Armenian, Hebrew, Romani, and Turkish.

According to the National Statistical Institute, the average number of students who learned their mother tongue in public schools declined by nearly 14 percent for a second consecutive year, although there was a 22 percent increase in the number of Romani students studying their mother tongue. However, Romani NGOs claimed there were no students learning Romani and there was no officially approved textbook. The government operates foreign language schools in English, Spanish, German, Hebrew, French, and Italian, but none in Turkish.

On October 14, Kemal Eshref, GERB party regional coordinator and spouse of the deputy regional governor of Shumen, wrote on Facebook that since more than 50 percent of the population in Shumen was Turkish, school instruction in the region should be in Turkish. GERB’s local leadership distanced itself from Eshref’s statement, opposition socialist member of the National Assembly Ivan Ivanov called for prosecutorial investigation, and VMRO National Assembly member Dean Stanchev characterized it as “scandalous provocation, bordering on national treason since it represents an open call to separatism.” After the backlash, Eshref posted an apology on October 17 “to all who felt offended by his previous post,” explaining that it referred to allowing Turkish-speaking students an opportunity to learn their language as part of the elective curriculum.

The law prohibits ethnic segregation in multiethnic schools and kindergartens but allows ethnic segregation of entire schools. Of Romani children, 30 percent (up from 16 percent five years earlier) were enrolled in segregated schools outside mainstream education, according to the European Roma Rights Center. According to the NGO Amalipe, approximately 10 percent of general education schools in the country were ethnically segregated. Romani children often attended de facto segregated schools where they received inferior education. There were instances of ethnic Bulgarian students withdrawing from desegregated schools, thereby effectively resegregating them. Romani NGOs reported that many schools throughout the country refused to enroll Romani students. In March the Blagoevgrad regional court confirmed the Commission for Protection against Discrimination’s sanction on a local school principal for racial segregation and ethnic discrimination. In 2018 the principal refused to enroll new Romani students, arguing that the school had become segregated and she wanted to reverse that trend.

The Education Ministry provided financial support to municipalities that pursued policies for educational desegregation and prevention of resegregation.

According to the NGO Trust for Social Achievement, life expectancy was 10 years lower and infant mortality was twice as high in the Romani community compared with the general population. In addition, one-third of Romani men and two-fifths of Romani women between the ages of 45 and 60 had a disability. Health mediators helped Roma and other marginalized communities improve their access to health care; the National Health Mediators Network employed 245 mediators in 130 municipalities.

According to the BHC, Romani women were routinely segregated within maternity hospital wards. Romani NGOs stated that some municipalities set discriminatory requirements for access to services in order to restrict Romani women’s access to them. For example, the assisted reproduction program in Veliko Turnovo and the one-time allowance for giving birth in Svilengrad both require the mother to have completed secondary school.

NGOs identified an overall rise in the occurrence of hate speech and hate crimes. In September the Commission for Protection against Discrimination opened an inquiry into social media publications alleging the Heaven Hotel in Slanchev Bryag displayed signs advising that the swimming pool was for “white people only” and proclaiming “White Lives Matter.” Hotel owner Georgi Slavov denied to local media the existence of the signs but also expressed regret he had not put them up, since he claimed hotels were allowed that cater to guests based on whether they have children and for gays, so “why not [allow hotels] only for white people?”

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

The law prohibits discrimination based on sexual orientation and gender identity, but the government did not effectively enforce this prohibition. No laws protect against hate crimes based on sexual orientation and gender identity. Societal intolerance to lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons persisted.

There were reports of violence against LGBTI persons. On September 27, a group of approximately 30 teenagers, who had a goal of “cleansing” gays and lesbians, reportedly assaulted boys and girls whom they perceived as gay or lesbian with eggs, flour, and punches in the city garden in Plovdiv, shouting homophobic insults. Videos from the incident appeared on social media networks. As of October police had identified the attackers and had referred their names to the local education inspectorate for counseling with school psychologists. Police investigated by collecting evidence, examining videos, and interrogating witnesses. Police prevented similar occurrences in Burgas and Sofia after NGOs alerted them that incidents were being organized on Facebook. LGBTI NGOs expressed concern that authorities underestimated the homophobic threat when police initially provided little security at a scheduled demonstration in support of LGBTI rights on October 10 in Plovdiv. This allowed a group of counterdemonstrators to surround LGBTI activists and block their march for nearly an hour. Graffiti with threats appeared on the facades of the building where the organizer of the Plovdiv event worked and on the home of another local LGBTI activist.

According to LGBTI organizations, courts rejected the right of same-sex partners for protection against domestic violence because the law treats “spousal” only as applying to married persons who cannot legally be the same sex. The Commission for Protection against Discrimination reported receiving very few cases–two as of October–regarding sexual orientation. In May the Supreme Administrative Court revoked a decision of the Commission for Protection against Discrimination which had dismissed a 2019 complaint regarding homophobic threats and insults on Facebook against the Balkan Pride exhibition in Plovdiv. The court ruled that the commission had not fully utilized its powers to require law enforcement authorities to identify the authors of the offensive posts and had instead accepted the Interior Ministry’s “excuse” that it was unable to obtain data traffic information on user profiles due to Facebook being owned by a foreign company.

In May the EU Agency for Fundamental Rights reported that nearly 30 percent of LGBTI persons had experienced workplace discrimination. Further, nearly 40 percent of the LGBTI persons who had experienced workplace discrimination did not report it due to fear of police discrimination based on their sexual identity. A March study by the NGOs Single Step and Bilitis reported that 83 percent of LGBTI students had experienced homophobic insults, 70 percent had suffered harassment, 34 percent had been physically abused, and 19 percent had been assaulted, while 50 percent never reported incidents. According to the International Lesbian, Gay, Bisexual, Trans and Intersex Association’s annual report released in February, cases where officials publicly used homophobic speech increased.

NGOs stated persons suspected of being gay were often fired from their jobs, and such individuals were reluctant to seek redress in court due to fear of being identified as LGBTI. Many health professionals considered LGBTI status a disease. The general stigma around sexual orientation and gender identity frequently resulted in refusal of health services, particularly to transgender persons. NGOs complained that most political parties in the National Assembly, government ministers, and municipal authorities were reluctant to engage in a dialogue on the challenges facing LGBTI individuals and related policy issues.

NGOs urged the government to discontinue normalization therapies on intersex children, which were funded by the National Health Insurance Fund with consent from their parents.

In June the Sofia city court overturned a Sofia regional court decision to fine a couple and to issue a public reprimand for libelously stating in a complaint to police that the husband’s police officer brother was gay. The Sofia city court found that the trial court had violated the plaintiff’s right to privacy by accepting evidence and requesting a technical examination of his sexual orientation. The court further found that the defendants’ “views on homosexuality or transgenderness are only meaningful to themselves” and that their “discriminatory prejudice cannot stigmatize a certain sexual orientation and its public manifestation.”

On August 5, vandals destroyed posters from an exhibition titled Together Is Super which had been installed hours earlier on Lovers Bridge in Sofia as part of the Summer Festival of Equal Rights. The posters featured photographs of LGBTI, deaf, and Romani persons, and provided information about their communities and the discrimination against them. Authorities did nothing in response.

As reported by the government’s national program for HIV and sexually transmitted disease prevention and control, “Despite the enormous medical progress in HIV treatment, little has been achieved in terms of overcoming the stigma and discrimination [associated with HIV]. Negative societal attitudes have a strong impact on persons with HIV/AIDS.” According to the Health Ministry’s National Center for Infectious and Parasitic Diseases, there was on average a four-year delay in the diagnosis of persons with HIV because they were reluctant to be tested due to the stigma in society in general and from the medical community. In a media interview in July, the executive director of the National Patient Organization, Alexander Milanov, stated that “HIV patients are invisible” and cannot stand for their rights for fear of stigma and discrimination if they “come out.” According to the Bulgarian Infectious Disease Association, surgeons and intensive care wards often refused treatment to HIV patients, even though their infection had been brought under control. The stigma within the rest of the medical community was even greater. NGOs reported that the general stigma around sexual orientation and gender identity frequently resulted in denial of health services to persons living with HIV or AIDS.

According to a 2019 public opinion poll, 90 percent of those surveyed would not live with persons with HIV or AIDS, 75 percent would not be friends, 60 percent would not work with them, and 50 percent were afraid to communicate with such persons.

Other Societal Violence or Discrimination

NGOs accused the health minister of age discrimination, and a group of lawyers challenged in the court his May 13 order which provided for mandatory isolation and hospitalization of COVID-19 patients who were 60 and older. On May 19, the minister amended the order, removing that provision.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent labor unions, bargain collectively, and conduct legal strikes. The law prohibits antiunion discrimination, provides for workers to receive up to six months’ salary as compensation for illegal dismissal, and provides for the right of the employee to demand reinstatement for such dismissal. Workers alleging discrimination based on union affiliation can file complaints with the Commission for Protection against Discrimination. According to the Confederation of Independent Trade Unions, despite the constitutional recognition of the right of association, the law did not provide for it, which prevented parties to a dispute from seeking redress in administrative court.

There are some limitations on these rights. The law prohibits Interior Ministry and judicial system officials from membership in national union federations. When employers and labor unions reach a collective agreement at the sector level, they must obtain the agreement of the minister of labor to extend it to cover all enterprises in the sector. The law prohibits most public servants from engaging in collective bargaining. The law also prohibits employees of the Ministry of Defense, the Ministry of Interior, the State Agency for Intelligence, the National Protection Service, the courts, and prosecutorial and investigative authorities from striking. Those employees are able to take the government to court to provide due process in protecting their rights.

The law gives the right to strike to other public service employees, except for senior public servants, as long as at least 50 percent of the workers support the strike. The law also limits the ability of transport workers to organize their administrative activities and formulate their programs. Labor unions stated that the legal limitations on the right to strike and the lack of criminal liability for employers who abuse their workers’ right of association are contrary to the constitution.

Authorities did not always respect freedom of association and the right to bargain collectively. Labor unions continued to report cases of employer obstruction, harassment, and intimidation of employees, including relocation, firing, and demotion of union leaders and members. Labor unions also alleged that some employers obstructed negotiations or refused to bargain in good faith or adhere to agreements. In September the regional court in Ruse confirmed the labor inspectorate’s decision to sanction local company Danini, which started mass layoffs in March due to the COVID-19 pandemic without prior consultations with union representatives and representatives of the employees, as required by law, and made no efforts to negotiate an agreement with them that could reduce or mitigate the consequences of the layoffs.

In June the St. Sophia Hospital in Sofia fired nurse Maya Ilieva, leader of the Trade Union of Bulgarian Medical Specialists, who led a series of protests complaining of low pay and difficult working conditions. She was similarly dismissed from Tokuda Hospital in August 2019. In August the Trade Union of Bulgarian Medical Specialists set up a tent camp protest in front of the Health Ministry, accusing authorities of excluding medical specialists other than physicians and dentists from the latest national framework agreement on medical activities.

The government did not effectively enforce the labor law, and penalties for violations were not commensurate with those under other laws related to denials of civil rights. Penalties for discrimination carry lower fines than the fines for labor law violations. The law does not effectively protect against interference by employers in labor union activities.

Judicial and administrative procedures were adequate in settling claims. The Confederation of Independent Trade Unions of Bulgaria reported that employers broke the law and eroded the value of collective bargaining by letting nonunion members take advantage of the provisions in the collective agreement.

b. Prohibition of Forced or Compulsory Labor

There were some reports of families and criminal organizations subjecting children to forced work (see section 7.c.). The national antitrafficking commission reported receiving an increased number of labor exploitation complaints. The commission attributed these complaints to the increased number of persons who lost their jobs due to the coronavirus crisis and who exercised less caution in accepting employment opportunities. According to the EU Agency for Fundamental Rights, “children and adults with disabilities are forced into street begging and petty theft.” As of October authorities registered 26 cases of trafficking in persons for the purpose of labor exploitation, although that was a significant decrease from the same period in 2019.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law sets the minimum age for employment at 16 and the minimum age for hazardous work at 18. To employ children younger than 18, employers must obtain a work permit from the government’s General Labor Inspectorate. Employers can hire children younger than 16 with special permits for light work that is not hazardous or harmful to the child’s development and does not interfere with the child’s education or training.

Employment of children without a work permit is a criminal offense but it is not a serious crime and carries a penalty of up to one year imprisonment or a fine. Penalties for the worst forms of child labor, however, are commensurate with those for other serious crimes. The General Labor Inspectorate was generally effective in inspecting working conditions at companies seeking and holding child work permits and applying sanctions regarding child labor in the formal sector. The inspectorate reported a 50 percent decrease in legal employment of children. In 2019 the inspectorate uncovered 236 cases of child employment without prior permission, a twofold increase from 2018.

The government continued programs to eliminate the worst forms of child labor, mounted educational campaigns, and intervened to protect, withdraw, rehabilitate, and reintegrate children engaged in the worst forms of child labor.

NGOs continued to report the exploitation of children in certain industries, particularly small family-owned shops, textile production, restaurants, construction businesses, and periodical sales, and by organized crime–notably for prostitution, pickpocketing, and the distribution of narcotics. Children living in vulnerable situations, particularly Romani children, were exposed to harmful and exploitative work in the informal economy, mainly in agriculture, construction, and the service sector.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in employment and occupation with regard to nationality, ethnicity, sex, sexual orientation, race, skin color, age, social origin, language, political and religious beliefs, membership in labor unions and civil society organizations, family and marital status, and mental or physical disabilities. Although the government usually effectively enforced these laws, discrimination in employment and occupation occurred across all sectors of the economy with respect to gender, sexual orientation, disability, and minority group status. The Commission for Protection against Discrimination reported receiving numerous discrimination complaints during the year related to employment of persons with disabilities, citing examples in which employers created hostile and threatening environments towards an employee with a disability or intentionally created mobility obstacles to push the employee to quit.

The government funded programs to encourage employers to overcome stereotypes and prejudice when hiring members of disadvantaged groups such as persons with disabilities.

The law requires the Interior Ministry, the State Agency for National Security, and the State Agency for Technical Operations to allot one percent of their public administration positions to persons with disabilities. Enforcement was poor, however, and the agencies were not motivated to hire persons with disabilities, citing inaccessible infrastructure, lack of sufficient funding for modifying workplaces, and poor qualifications by the applicants. The Center for Independent Living and other NGOs criticized the system of evaluating persons with disabilities based on the degree of their disability, which effectively prevented many persons with disabilities who were able to work from being hired.

The law requires equal pay for equal work. In July the Council of Ministers reported that men received 12.5 percent more pay than women for work in the same position. According to the Commission for Protection against Discrimination, there were twice as many men as women with well paid jobs, and women were more frequently subjected to workplace discrimination than men. As a result of the gender pay gap, according to the National Social Security Institute, women received 32 percent lower pensions. Women continued to face discrimination in regard to pension benefits and retirement. The age at which women and men can access both full and partial pension benefits was not equal, nor was the legal retirement age.

Workplace discrimination against minorities continued to be a problem. Locating work was more difficult for Roma due to general public mistrust, coupled with the Roma’s low average level of education. According to the National Statistical Institute, 64.8 percent of Roma lived in poverty, compared with 31.6 percent of Turks and 16.7 percent of ethnic Bulgarians.

e. Acceptable Conditions of Work

The law provides for a national minimum wage for all sectors of the economy that was higher than the government’s official poverty line. Labor unions criticized the government for changing the methodology for designation of the official poverty line with a view to preserving the fiscal health of the state budget while neglecting the livelihoods of vulnerable citizens. According to NGOs, giving the labor and social policy minister discretion to set the official poverty line instead of having it determined by macroeconomic factors created risks of limiting the scope of persons entitled to certain social support and could be exploited for political purposes. In July the Confederation of Independent Trade Unions of Bulgaria reported that 67 percent of households lived below the livelihood protection threshold and 28.5 percent lived below the poverty line.

In 2019 the General Labor Inspectorate reported that the cases of unpaid wages increased by 1 percent, compared with the previous year. The inspectorate maintained that its authority to initiate bankruptcy proceedings against employers who owed more than two months’ wages to at least one-third of their employees for three years contributed to the effective enforcement of correct payment of wages. During the coronavirus emergency in the first half of the year, labor inspectors compelled employers to pay 2.5 million levs ($1.5 million) out of an identified 4.5 million levs ($2.7 million) of unpaid wages.

The law prohibits excessive compulsory overtime and prohibits any overtime work for children younger than 18 and for pregnant women. Persons with disabilities, women with children younger than six, and persons undertaking continuing education may work overtime at the employer’s request if the employee provides written consent. The Confederation of Independent Trade Unions of Bulgaria stated that employers increasingly “disrespected employees’ working hours and free time.” The confederation criticized the law’s provision for calculating accumulated working time, noting that it gave employers a way to abuse overtime requirements and thus to hire fewer workers. In December the National Assembly passed amendments increasing the amount of annual allowed overtime work within a collective agreement from 150 to 300 hours.

A national labor safety program, with standards established by law, provides employees the right to healthy and nonhazardous working conditions.

The Ministry of Labor and Social Policy is responsible for enforcing both the minimum wage and the standard workweek. The government did not effectively enforce minimum wage and overtime laws. Penalties for violations were commensurate with those of similar violations. The number of labor inspectors was insufficient to enforce compliance.

Each year the government adopts a program that outlines its goals and priorities for occupational safety and health. The General Labor Inspectorate, which had 28 regional offices, is responsible for monitoring and enforcing occupational safety and health requirements. Of the violations identified by the inspectorate, 51.8 percent involved safety and health requirements. According to the labor inspectorate, its activity over the past several years increased compliance to 93 percent of inspected companies. Penalties for violations were commensurate with those of other similar laws. Inspectors had the authority to conduct unannounced inspections and initiate sanctions.

Legal protections and government inspections did not cover informal workers in the gray-market economy, which, according to the National Statistical Institute, accounted for 21 percent of the country’s GDP in 2019. In September the Confederation of Independent Trade Unions of Bulgaria said it expected the share of the gray economy to increase as a result of the coronavirus pandemic. During the two-month state of emergency, the law allowed employers to assign teleworking and work at home and force workers to use half of their accrued annual leave. The law also lifted the overtime work ban for workers and civil servants who assisted the health-care system and police.

Conditions in sectors such as construction, mining, chemicals, and transportation continued to pose risks for workers. The number of work-related accidents registered in the first nine months of the year decreased by almost 19 percent over the same period in the previous year. Land transportation violations were the most common causes of occupational accidents. The government strictly enforced the law requiring companies to conduct occupational health and safety risk assessments and to adopt measures to eliminate or reduce any identified risks. Approximately 95 percent of the companies inspected in 2019 had such risk assessments, and 98 percent of those had programs to eliminate the identified risks.

There were 55 work-related deaths as of October, mainly in the construction and transportation sectors, nearly comparable to the 50 deaths reported from January through September 2019.

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

There were no reports the government or its agents committed arbitrary or unlawful killings.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities; however, a significant number of cases of missing persons from the 1991-95 conflict remained unresolved. The Ministry of Veterans Affairs reported that as of October 20, 1,468 persons remained missing, and the government was searching for the remains of 401 individuals known to be deceased, for a total of 1,869 unsolved missing persons’ cases. The ministry reported that from October 10, 2019, to October 20, the remains of 18 individuals were exhumed, and final identifications were made for 30 individuals. Progress remained slow primarily due to lack of reliable documents and information about the location of mass and individual graves, as well as other jurisdictional and political challenges with neighboring countries. The ministry reported that since January 1 it received seven new requests for searches, five for missing persons, and two for remains of those known to be deceased. In April the ministry implemented a regulation that provides monetary rewards for those who provide information or documentation that leads to the resolution of missing persons cases. This tool was being utilized to enhance the search for missing persons. On August 30, Prime Minister Andrej Plenkovic and Deputy Prime Minister and Minister of Veterans Affairs Tomo Medved marked International Day of Missing Persons by participating in a Conference on Missing Persons from the Homeland War.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices, but, according to the Office of the Ombudsperson, there were several reports of physical and verbal mistreatment of prisoners and detainees. Impunity was not a significant problem in the security forces.

Prison and Detention Center Conditions

Some reports regarding prison or detention center conditions raised human rights concerns.

Physical Conditions: The ombudsperson’s 2019 annual report stated that in six of the 14 high-security units, the occupancy rate was more than 120 percent (considered critical according to the Council of Europe’s European Committee on Crime Problems). The prisons with the greatest overcrowding were those in Karlovac (175 percent of capacity), Osijek (174 percent), and Pozega (167 percent). The report noted that many prisoners resided in conditions that did not meet legal and international standards, and in some cases they were degrading and dangerous to inmates’ health.

In addition the ombudsperson reported the most frequent complaints were inadequate health care, followed by accommodation conditions, prison officers’ conduct, and inappropriate use of privileges. In its 2018 report, the Council of Europe’s Committee for the Prevention of Torture (CPT) stated it received several allegations of physical mistreatment of prisoners by police officers, including slaps, punches, and kicks to various parts of the body.

The ombudsperson’s report described regular site visits to 12 police stations in the country that showed partial compliance with the standards of the CPT. According to the report, in some police stations video surveillance coverage was limited, increasing the risk of an untimely response to incidents during police detention. In some stations, however, video surveillance extended to sanitary facilities, compromising the privacy of detained persons. Lacking their own detention facility, Varazdin border police used the local police station at Ivanec for short-term detention of irregular migrants, although the facility’s size was insufficient for holding large groups and was difficult to keep sanitary. The report noted some police stations did not have dedicated vehicles for transportation of detained persons and sometimes used vehicles without ventilation and heating in violation of CPT standards.

Administration: The ombudsperson’s report stated detained persons frequently turned to the ombudsperson to address these issues due to the ineffectiveness of legal remedies. The ombudsperson investigated credible allegations of mistreatment and issued recommendations to improve conditions for detained persons. In 2019 her office took actions in response to 203 cases of violations of the rights of persons in the prison system, conducted 25 field administrative procedures, and the National Preventive Mechanism (NPM) implementers visited four prisons, 23 police stations, and four investigative units.

The report of the European Network of National Human Rights Institutions (ENNHRI) published in June noted that as of June 2018, the Ministry of the Interior continued to deny the ombudsperson immediate access to data on the treatment of irregular migrants in police stations. In 2019 the ombudsperson recommended that the Ministry of the Interior ensure unannounced and free access to data on irregular migrants to the ombudsperson and NPM implementers in line with existing legislation.

Independent Monitoring: The government permitted monitoring by independent, nongovernmental observers. The ombudsperson carried out tasks specified in the NPM and is authorized to make unannounced visits to detention facilities. The CPT and the ENNHRI also made visits in recent years.

Improvements: The ombudsperson’s report noted some improvements regarding accommodation conditions from the previous year, such as the addition of 50 newly constructed places in the Pozega penitentiary. The Ministry of Justice and Administration reported the overall security and accommodation situation in all correctional institutions, including penitentiaries, prisons, juvenile correctional institutions, and the Diagnostics Center in Zagreb (a health-care facility), improved despite temporary measures introduced to prevent the spread of COVID-19. Beginning in March, prisoners were offered more frequent and longer telephone calls, and, with the support of UNICEF, video visits from children to their incarcerated parents were increased. Compared with 2019, prisoners were allowed more time outside and provided additional structured activities. The ministry reported the capacity of the prison in Bjelovar was increased.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed these requirements.

Arrest Procedures and Treatment of Detainees

Other than those apprehended during the commission of a crime, persons were arrested with warrants issued by a judge or prosecutor based on evidence. Prosecutors may hold suspects for up to 48 hours in detention. Upon request of prosecutors, an investigative judge may extend investigative detention for an additional 36 hours. Authorities informed detainees promptly of charges against them. The law requires a detainee be brought promptly before a judicial officer, and this right was generally respected. In 2019 the ombudsperson received 6 percent more complaints relating to the work of the Office of the Chief State Prosecutor, mostly due to lack of communication with citizens in reference to charges against them. The law limits release on bail only in cases of flight risk. In more serious cases, defendants were held in pretrial detention. Authorities allowed detainees prompt access to a lawyer of their choice or, if indigent, to one provided by the state.

e. Denial of Fair Public Trial

The constitution and law provide for an independent judiciary, and the government generally respected judicial independence and impartiality. Cases of intimidation of state prosecutors, judges, and defense lawyers were isolated.

Trial Procedures

The constitution and law provide for the right to a fair and public trial, and the independent judiciary generally enforced this right.

Defendants enjoy the presumption of innocence. They must be informed promptly of the charges against them. Defendants have a right to a fair, public, and timely trial and to be present at their trial. Despite the decreased number of cases, the backlog in domestic courts (462,200 as of September 30, down from 500,578 at the end of 2019) continued to raise concerns regarding judicial effectiveness, efficiency, legal uncertainty, and the rule of law. Lengthy trials remained one of the main problems in the judiciary. In June the ENNHRI reported that during 2019, the last year for which data was available, the number of complaints received by the ombudsperson regarding the judiciary decreased by 22 percent compared with 2018. Regarding the content of complaints, 38 percent expressed dissatisfaction with the work of the courts, a decrease of 34 percent compared with 2018. Complaints pointed to inconsistent application of case law, as well as insufficiently reasoned court decisions that seemed arbitrary. Complaints about the manner in which judges conducted proceedings and made decisions showed a growing distrust in the legality of the proceedings and raised fears of corruption.

Defendants have the right to communicate with an attorney of their choice or to have one provided at state expense. Defendants enjoy the right to adequate time and facilities to prepare a defense. Any defendant who cannot understand or speak Croatian has free access to an interpreter from the moment charged through all appeals. Defendants have the right to confront witnesses against them and to present witnesses and evidence on their behalf. Defendants may not be compelled to testify or confess guilt. Defendants and prosecutors may file an appeal before a verdict becomes final, and defendants may file an appeal through the domestic courts to the European Court of Human Rights (ECHR).

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

Individuals may seek damages for, or cessation of, an alleged human rights violation. They may appeal to the ECHR after all domestic legal remedies have been exhausted or after a case has been pending for an excessive period in domestic courts. Administrative remedies were also available.

Property Restitution

The government has endorsed the Terezin declaration but does not have adequate legal mechanisms in place to address Holocaust-era property restitution. The country has not effectively compensated claimants for property seized during the Holocaust period (1941-45) and has inconsistently permitted noncitizens to file claims.

Nongovernmental organizations (NGOs) and advocacy groups reported the government did not make significant progress on resolution of Holocaust-era claims, including for foreign citizens. The law limits restitution of property seized during the Communist era to individuals who were citizens of the country in 1996 and permitted claims to be filed only within a specified window, which closed in January 2003. Consequently, the law does not provide effective compensation to persons, including Holocaust survivors, whose property was expropriated but who left the country and obtained citizenship elsewhere. A 2002 amendment to the law allows foreign citizens to file claims if their country of citizenship has a bilateral restitution treaty with Croatia. In 2010, however, the Supreme Court ruled that the government cannot require such a treaty as a necessary condition for restitution. In 2011 the Ministry of Justice attempted unsuccessfully to amend the legislation to reflect this finding and reopen claims. At the time the government estimated the amendment might benefit between 4,211 and 5,474 claimants. As of year’s end, the government had taken no subsequent steps to amend the law.

Restitution of communal property remained a problem for the Serbian Orthodox Church and the Coordinating Committee of Jewish Communities in Croatia. The government reported that since 1999 it had resolved 323 property claims related to the Serbian Orthodox Church, and there were no outstanding appeals. The Serbian Orthodox Church stated several outstanding claims remained.

The Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 29, 2020, can be found on the Department’s website: https://www.state.gov/reports/just-act-report-to-congress/.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution and law prohibit such actions, and there were no reports the government failed to respect these prohibitions.

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, and the government generally respected this right. An independent press and a functioning democratic political system combined in most cases to promote freedom of expression, including for the press, but judicial ineffectiveness at times delayed resolution of cases.

Freedom of Speech: The law sanctions individuals who act “with the goal of spreading racial, religious, sexual, national, ethnic hatred, or hatred based on the color of skin or sexual orientation or other characteristics.” A conviction for internet hate speech is punishable by up to three years’ imprisonment. The law provides for six months’ to five years’ imprisonment for those who organize or lead a group of three or more persons to commit hate speech. Although the laws and recent Constitutional Court decisions technically impose restrictions on symbolic speech considered “hate speech,” including the use of Nazi- and (the World War II regime) Ustasha-era symbols and slogans, NGOs and advocacy groups complained that enforcement of those provisions remained inadequate.

Freedom of Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction. Restrictions on material deemed hate speech apply to print and broadcast media.

Violence and Harassment: NGOs reported that intimidation and threats, especially online threats, against journalists had a chilling effect on media freedom and that the government insufficiently addressed this problem.

On January 23, in Ivanbegovina, four men attacked Slobodna Dalmacija journalist Andrea Topic while she was investigating the property of then health minister Milan Kujundzic. Topic said she was photographing the property from the road when the men threatened her and intimidated her for half an hour by shouting, filming her, and sitting on and shaking her car. On July 28, media reported that the Imotski Municipal State Attorney’s Office filed an indictment against the four men, charging them with unlawful deprivation of liberty. Kujundzic later resigned, and media attributed his resignation to press coverage of the unexplained large number of houses he owned.

The Croatian Journalists’ Association (CJA) strongly condemned “this disgusting attack on [our] colleague Andrea Topic, who was only doing her job in the public interest. The attack is a consequence of a hostile atmosphere in Croatia that points the finger of blame on journalists for everything.”

Censorship or Content Restrictions: Members of the press reported practicing self-censorship due to fear of online harassment, lawsuits, upsetting politically connected individuals, or losing their jobs for covering certain topics.

Libel/Slander Laws: According to results of an annual survey conducted by the CJA, 905 lawsuits were filed against journalists and the media, with claimed damages of almost 68 million kuna ($10.5 million). Of the 905 lawsuits, 859 were for civil alleged violations of honor and reputation against publishers, editors, and journalists, while 46 were criminal lawsuits. Of the 23 media outlets that responded to the CJA’s poll, 18 had a standing lawsuit alleging violations of honor and reputation. The CJA was defending itself against three active lawsuits. The country’s public broadcaster, Croatian Radio and Television (HRT), had an active criminal proceeding against CJA President Hrvoje Zovko, including a claim for damages of 250,000 kuna ($39,200), claims against the CJA in the amount of 200,000 kuna ($31,430), and within the same lawsuit, a claim for 50,000 kuna ($7,860) against Sanja Mikleusevic Pavic, president of the CJA’s branch at HRT.

Nongovernmental Impact: On April 12, several unidentified men attacked Zivana Susak Zivkovic, a reporter working for the news website Dalmatinskiportal, and Ivana Sivro, a camera operator for N1 TV. According to local news reports, the journalists were attacked while documenting an Easter mass held despite a ban on public gatherings due to COVID-19. The regional news website Balkan Insight reported that the rally by the masked, black-clad protesters was held to support a priest who called on worshippers to attend mass, breaching measures imposed to curb the spread of COVID-19 in the country, with two of the protesters displaying World War II Ustasha movement’s insignia and a banner with the slogan “Journalists are worms.” They were objecting to earlier media reports that the day of criticism of priest Josip Delas was held because he led a mass with 20 worshippers despite appeals from the archdiocese and the coronavirus crisis authorities in Split to avoid gatherings. Zivkovic suffered minor bruising from the attack, her employer reported. Another man hit Sivro in the arm and shoved her camera, as seen in a video published by N1 TV. Three men were under prosecution for the assault. In a statement, the Roman Catholic archdiocese of Split-Makarska apologized for the attack.

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, and the government generally respected these rights.

c. Freedom of Religion

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

d. Freedom of Movement

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

The government sometimes cooperated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

Abuse of Migrants, Refugees, and Stateless Persons: Domestic NGOs working on migrants’ rights issues documented 688 cases of pushbacks or abuse of irregular migrants. In May the British newspaper The Guardian accused border police of humiliating irregular migrants on religious grounds during the month of Ramadan. According to the report, police officers allegedly spray-painted crosses on the heads of migrants who attempted to enter the country illegally to mark, humiliate, and traumatize them. In the same article, The Guardian reported that on May 6-7, police pushed several mainly Afghan and Pakistani migrants and asylum-seekers back across the border with Bosnia and Herzegovina (BiH). The NGO Danish Refugee Council stated the migrants and asylum seekers were forced to enter a van and driven to the BiH border, although some requested asylum in Croatia. At the border they were reportedly beaten and their personal belongings burned. The Ministry of the Interior disputed the allegations and claims in The Guardian’s article and stated the police respected migrants’ fundamental rights and dignity and allowed them access to the international protection system if they were in need of such protection, in accordance with general human rights documents, European Union regulations, and national legislation. The ministry also stated police took no action against migrants at the reported time in the area in question and had excellent relations with the Muslim community. On June 5, a human rights NGO, Centre for Peace Studies (CMS), filed a criminal complaint to the State Attorney’s Office against “unknown perpetrators” from the police for “degrading treatment and torture of 33 persons and their violent, illegal expulsion from the Croatian territory to Bosnia and Herzegovina,” based in part on the incident described in The Guardian. As their press release explained, “those were four separate cases [recorded in May] combined into one criminal complaint due to similarities in treatment.” On July 23, the CMS filed a second criminal complaint against unknown perpetrators for torturing, humiliating, and pushing back 16 migrants from Croatia to BiH in late May. The Ombudsperson’s Office said they had repeatedly made requests for investigations into allegations of violence against migrants.

On June 18, police arrested two Karlovac-based police officers for the beating of an Afghan asylum seeker who crossed the border from BiH. The officers were removed from service pending disciplinary proceedings and were detained for 30 days. One reportedly faced a charge of causing bodily harm, while the other faced charges for failing to report a crime. Interior Minister Davor Bozinovic condemned the beating incident and emphasized it was an isolated case. Karlovac police officials said there was zero tolerance for such violence.

Access to Asylum: The law provides for the granting of refugee status and subsidiary protection status, and the government has established a system for providing protection to asylum seekers. Despite restrictions caused by the COVID-19 pandemic, the Ministry of the Interior reported that it continued work with asylum seekers and persons granted international protection, and it provided access to the asylum procedure in accordance with epidemiological measures and recommendations adopted by the European Commission on April 16.

Durable Solutions: In 2019 the government resettled 250 pledged Syrian refugees from Turkey according to the EU Resettlement Program from 2015. In August the Ministry of the Interior reported the government was unable to resettle 150 pledged refugees from 2019 due to operational and technical difficulties caused by the COVID-19 pandemic and an earthquake that struck the city of Zagreb on March 22. The government continued to participate in a joint regional housing program (RHP) with the governments of BiH, Montenegro, and Serbia. The RHP aimed to contribute to the resolution of the protracted displacement situation of the most vulnerable refugees and displaced persons following the 1991-95 conflict. As of August the RHP had provided housing to 314 families (748 individuals) in the country. In March the country offered to participate in the European Union’s scheme to relocate unaccompanied minors from overcrowded reception centers in Greece. Media reported that on September 11, following a fire that destroyed a migrant camp on the Greek island of Lesbos, the government would receive 12 unaccompanied minor female migrants under a European Commission plan to provide them permanent accommodation.

Temporary Protection: The Ministry of the Interior reported that from January to August 18, the government granted asylum to 27 refugees who had a well founded fear of persecution if they returned to their home country. The country also has a mechanism for subsidiary protection for those who do not qualify for asylum and granted protection to one person during the year.

g. Stateless Persons

According to the last census in 2011, there were 2,886 stateless persons or persons at risk of statelessness in the country. Many of these persons were Roma who lacked citizenship documents. The Ministry of the Interior is responsible for granting stateless individuals residency and eventual citizenship.

The constitution and law provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: On July 5, the country held national parliamentary elections. The first round of the presidential election was held in December 2019, with a second round for the top two candidates on January 5, 2020. European Parliament elections were held in May 2019. According to observers, elections took place in a pluralistic environment and were administered in a professional and transparent manner.

Participation of Women and Members of Minority Groups: No laws limit participation of women or members of minority groups in the political processes, and they did participate. By law minority groups are guaranteed eight seats in the 151-seat parliament. Representation of women in major political parties remained low. The law requires that the “less represented gender” make up at least 40 percent of candidates on a party’s candidate list, with violations punishable by a fine. After the 2020 elections, the electoral commission noted that the largest political party, the Croatian Democratic Union (HDZ), failed to comply with the gender law on any of its election lists, while the main opposition Social Democratic Party (SDP) complied in all electoral constituency lists except for two. Many smaller parties also met the threshold. The percentage of women elected to the parliament was 35 of a total of 151 parliamentarians (23 percent), the highest percentage since parliament’s constitution in 1990.

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. State prosecutors continued to prosecute several major corruption cases involving mayors, politicians, and public figures, and the judiciary generally imposed statutory penalties in cases in which there was a conviction. High-profile convictions for corruption, however, were frequently overturned on appeal. Corruption remained a problem, and significant numbers of high-profile corruption cases were underway. On September 30, the European Commission issued the annual rule of law report for EU member states and noted the country’s anticorruption institutions were impeded by a shortage of specialized investigators and that lengthy court proceedings and appeals often hindered closure of cases, including those involving former senior officials.

Corruption: Several corruption cases against former high-level government officials reported in previous years were still pending.

On May 29, police arrested 13 prominent members of the governing HDZ party, including civil servants, elected officials, and businessmen, on suspicion of abuse of office and economic crimes related to the construction of the 1.8-billion-kuna ($264 million) Krs-Padena windmill farm project near the town of Knin. Notable figures arrested include former state secretary of the Ministry of Administration Josipa Rimac, Director of Croatian Forests Krunoslav Jakupcic, Assistant Minister of the Economy, Entrepreneurship, and Crafts Ana Mandac, and other prominent local and regional officials. The government fired Rimac and Mandac after the arrests. On August 27, the Office for Suppression of Corruption and Organized Crime expanded its investigation to add 18 additional suspects. The investigation continued as of October.

In another case on September 17, media reported that the CEO of the state-owned oil pipeline operator JANAF, Dragan Kovacevic, and 10 other individuals were arrested on suspicion of influence peddling, bribery, and illicit preferential treatment. Kovacevic was accused of receiving 1.9 million kuna ($292,000) in bribes from the CEO of a company that landed a 40-million-kuna ($6.2 million) deal with JANAF. Parliament stripped the immunity of parliamentarians Drazen Barisic (HDZ) and Vinko Grgic (SDP) for involvement in the case, and police arrested both on September 19 pending investigation of charges of influence peddling, misuse of position and authority, and bribe taking.

Financial Disclosure: The law requires that public officials declare their assets and income, and government officials generally complied with this requirement. This information was available to the public. Fines are the penalty for noncompliance. Judges are not covered by this requirement but must make disclosures of assets under a separate law. During the year the Commission for the Resolution of Conflict of Interest fined three members of parliament, Franko Vidovic, Franjo Lucic, and Anka Mrak Taritas, for irregularities in their disclosure forms. Minister of Labor, the Pension System, the Family, and Social Policy Josip Aladrovic was also fined for irregularities in his form. Two former members of parliament, Ivan Kovacic and Marijan Kustic, were cited by the commission, but no sanctions were imposed since more than 12 months had passed since the officials left their public duties. On January 28, Prime Minister Plenkovic replaced Minister of Health Kujundzic following a series of media reports that alleged he misrepresented the value of his property on his asset declaration forms.

In most cases domestic and international human rights groups operated without government restriction, investigating and publishing their findings on human rights cases. Government officials often were cooperative and responsive to their views.

Government Human Rights Bodies: The country has an ombudsperson for human rights who investigated complaints of human rights abuses, as well as three additional ombudspersons for gender equality, persons with disabilities, and children. The law stipulates that parliament cannot dismiss the ombudsperson for human rights because of dissatisfaction with his or her annual report. Parliament may dismiss the other three if it does not accept their annual reports. Ombudspersons admitted that this limited their ability to do their jobs thoroughly and independently and imposed political influence over their work.

The law authorizes ombudspersons to initiate shortened procedures in cases where there is sufficient evidence of the violation of constitutional and legal rights.

Women

Rape and Domestic Violence: The law criminalizes the rape of men or women, including spousal rape and domestic violence. The law was in most cases enforced. Sentences range from fines to jail, depending on the crime’s severity. Rape, including spousal rape, is punishable by a maximum of 15 years’ imprisonment. Conviction for domestic violence is punishable by up to three years’ imprisonment. Amendments to the penal code, which entered into force in January, introduced stricter penalties for violence among closely related family members and violence against women. In the amendments, sexual intercourse without consent is classified as rape, punishable with three to 10 years’ imprisonment. A separate law (Law on Protection from Domestic Violence), last amended in January, provides sanctions (fines and up to 90 days’ imprisonment) for misdemeanor domestic violence. According to the ombudsperson for gender equality, despite recent legislative changes, violence against women, including spousal abuse, remained a problem largely due to limited education on gender-based violence laws for investigators, prosecutors, and judges that often led to cases being decided in favor of alleged perpetrators.

On January 22, the municipal court in Slavonski Brod convicted Pozesko-Slavonska County Prefect Alojz Tomasevic to a 10-month sentence, suspended for two years, for domestic violence. State prosecutors reportedly did not request a prison sentence in the case, and Tomasevic remained in his position. Civil society organizations and the ombudsperson for gender equality criticized the verdict as too lenient and asserted that victims of domestic violence could have “no trust” in the country’s judiciary with such a punishment.

On April 19, Interior Minister Bozinovic publicly acknowledged increased public reports of domestic violence during the COVID-19 pandemic. According to the 2019 report by the ombudsperson for gender equality, the latest available, the number of misdemeanor cases of domestic violence decreased by 6.3 percent compared with 2018, while the number of criminal acts committed against “closely related people” (i.e., domestic violence cases) increased by 28 percent. The report stated that 78 percent of the victims of domestic violence were women (29 percent more than in 2018).

On March 12, the Croatian Association of Employers (HUP) signed a consensual termination agreement with former deputy director Bernard Jakelic after more than 10 female employees presented sexual harassment claims over the course of his 24-year career. Upon his dismissal, Jakelic received a significant severance pay package. The ombudsperson for gender equality filed a criminal complaint against Jakelic with the state prosecutor and warned HUP against revictimizing victims with its decision to sign a consensual termination employment agreement with the perpetrator instead of firing him.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children; to manage their reproductive health; and to have access to the information and the means to do so, free from discrimination, coercion, or violence. No legal, social, or cultural barriers adversely affect access to contraception. The government provided access to sexual and reproductive health services for survivors of sexual violence, including survivors of conflict-related sexual violence.

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

Discrimination: Women have the same legal status and rights as men with regard to family, employment, labor, religion, inheritance, personal status and nationality laws, property, access to credit, owning or managing businesses or property, and voting. The law requires equal pay for equal work. The government did not enforce the law effectively. Women experienced discrimination in employment and occupation.

Children

Birth Registration: Authorities registered all births at the time of birth within the country or abroad. Citizenship is derived by descent from at least one citizen parent or through birth in the country’s territory in exceptional cases.

Child Abuse: Amendments to the penal code, which entered into force in January, provide stricter penalties for grave criminal acts of sexual abuse and abuse of children. Penalties depend on the crime’s gravity and include long-term imprisonment if the child dies as a consequence of the abuse. Child abuse, including violence and sexual abuse, remained a problem. The ombudsperson for children reported in 2019 her office received almost 10 percent more overall complaints regarding children than in 2018. The office received 97 complaints of domestic violence against children, 35 more than in 2018 (a 56 percent increase). Violence was most frequently reported by parents, followed by institutions such as schools and kindergartens.

On March 18, media widely reported an incident from February 2019 in which a 54-year-old man allegedly threw his four children, ages three, five, seven, and eight, off the balcony of their home on the island of Pag, significantly injuring one. On March 18, the Zadar County Court convicted the perpetrator to 30-years’ imprisonment and mandatory psychiatric treatment for attempted murder.

Child, Early, and Forced Marriage: The legal minimum age for marriage is 18; children older than 16 may marry with a judge’s written consent.

Sexual Exploitation of Children: The law prohibits commercial sexual exploitation of children; the sale, offering, or procuring of a child for prostitution; and child pornography. Authorities enforced the law. Amendments to the penal code, which entered into force in January, provide stricter penalties for the sexual exploitation of children. The Office of the Ombudsperson for Children stated that crimes and violence committed against children increased during the year and claimed many crimes remained unreported. The Ministry of the Interior conducted investigative programs and worked with international partners to combat child pornography. The ministry operated a website known as Red Button for the public to report child pornography to police. The minimum age for consensual sex is 15.

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

Anti-Semitism

The World Jewish Congress estimated the country’s Jewish population at 1,700. Some Jewish community leaders continued to report anti-Semitic rhetoric, including the use of symbols affiliated with the Ustasha and historical revisionism. Historian Ivo Goldstein and Director of the U.S. Simon Wiesenthal Center Efraim Zuroff criticized the government for tolerating the rise of pro-Ustasha sentiment in the country.

During the observance of International Holocaust Remembrance Day on January 27, the Office of the Prime Minister characterized the Jasenovac concentration camp as a “painful and tragic part of the Croatian history” and stated that “remembering victims and strongly condemning atrocities are a pledge for Croatia’s European future.” On February 5, Prime Minister Plenkovic opened a Holocaust exhibition in Zagreb entitled If I forget you…The Holocaust in Croatia 1941-1945—Final destination Auschwitz. The exhibition was open until mid-April and was located near the site where Jews were transported to Croatian and other European concentration camps.

On April 22, the government held its official annual commemoration for victims killed by the Ustasha regime at Jasenovac, which was also attended by President Zoran Milanovic. For the first time since 2016, after having boycotted previous government commemorations, representatives from the Jewish community, Serb National Council (SNV), Romani community, and Alliance of Antifascist Fighters joined the official commemoration. Head of the Jewish Community of Zagreb Ognjen Kraus was quoted by the media saying he attended to “extend the hand of friendship and goodwill” but still sought tangible results from the government in the fight against historical revisionism. Serbian Independent Democratic Party (SDSS) president and member of parliament Milorad Pupovac stated the participation represented a show of solidarity in light of the March 22 earthquake in Zagreb and COVID-19 crisis.

On June 3, the Zagreb High Misdemeanor Court ruled that the use of salute Za Dom Spremni (For the Homeland, Ready) when used by singer Marko “Thompson” Perkovic in his song did not violate the law. The Zagreb-based chapter of NGO Human Rights House claimed the constitution prohibits incitement of national, racial, or religious hatred.

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, including in access to education, employment, health services, information, communications, buildings, transportation, and the judicial system and other state services, but the government did not always enforce these provisions effectively. While the law mandates access to buildings for persons with disabilities, building owners and managers did not always comply, and there were no reported sanctions.

The 2019 report of the ombudsperson for persons with disabilities stated there were insignificant advances in policies aimed at persons with disabilities. The ombudsperson further stated that systemic solutions were lacking for special categories of persons with disabilities and children with early on-set developmental challenges. The ombudsperson also noted the law still lacks provisions to provide for the basic rights for persons with disabilities.

Children with disabilities attended all levels of school with nondisabled peers, although NGOs stated the lack of laws mandating equal access for persons with disabilities limited educational access for those students.

Members of National/Racial/Ethnic Minority Groups

Constitutional provisions against discrimination applied to all minorities. According to the ombudsperson for human rights, ethnic discrimination was the most prevalent form of discrimination, particularly against Serbs and Roma.

According to the SNV, the Serb national minority faced increased hate speech and anti-Serb graffiti. Serbs were subject to physical assaults especially in Vukovar, where Serb youths reportedly were attacked several times by Croatian youths. The SNV also said members of the Serb national minority faced significant discrimination in employment, and there were unresolved, long-standing issues of registration of Serb schools in Eastern Slavonia and in the justice system, particularly with respect to missing persons and unprosecuted war crimes cases.

On June 13, police arrested six Zagreb Dinamo soccer club fans after a photograph was circulated online of them posing with a banner depicting a vulgar and hateful anti-Serb message. Charges against the suspects were pending at year’s end. Separately, on June 14, Zagreb police reported they were investigating anti-Serb graffiti near a children’s park that depicted a “Serbian Family Tree,” with several individuals hanging from its branches, accompanied by a Nazi SS logo.

The eight parliamentary seats held by representatives of the national minorities became the main partner to the ruling HDZ’s coalition government following the July 5 parliamentary elections. Boris Milosevic, a member of parliament from the Serb national minority was appointed deputy prime minister in charge of social affairs issues and human rights.

On August 12, police confirmed they questioned a man from Perusic, later identified as the mayor of Perusic, Ivan Turic, on suspicion that he threatened a Romani woman with a handgun and shot at her children, allegedly because the woman’s goats entered the man’s field. Turic denied the accusations but confirmed police questioned him and told him to stay a minimum 328 feet away from the family who accused him.

The government and representatives of the Serb national minority publicly delivered positive messages of reconciliation on the 25th anniversary commemoration of Operation Storm in the town of Knin on August 5. In a speech at the event, Prime Minister Plenkovic acknowledged all victims, including Serbs, and expressed regret for war crimes committed by Croats. President Milanovic highlighted the victory, giving credit to the role of those who fought, but stated that unity required “different perspectives.” He acknowledged that crimes had been committed during the war and emphasized the need for better relations with Serbia, pledging to do everything he could do to accomplish that goal and calling on the Serbian leadership to do the same. Deputy Prime Minister Milosevic from the SDSS considered his participation at the commemoration to be a pledge for the future and the first step to reconciliation. Milanovic, Deputy Prime Minister and Minister of Veterans’ Affairs Medved, and Milosevic attended a commemoration for Serb civilian war victims in the village of Grubori on August 25. At the event Milanovic stated the commemoration was a “debt of honor,” adding that the “murder in Grubori was a moral disaster which harmed Croatia.” Medved declared establishing trust between the majority Croatian people and ethnic minorities was a prerequisite for development and a safe future together, while Milosevic stated the acknowledgement of all civilian victims was a prerequisite for reconciliation [between Serbs and Croats] in the country. On September 28, Prime Minister Plenkovic headlined a commemoration for nine Serb civilians killed in Varivode in the aftermath of Operation Storm in 1995, the first time a prime minister attended the event.

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

The law prohibits discrimination in employment and occupation, nationality laws, housing, access to education, and health care based on sexual orientation, gender identity, or gender expression. Representatives from minority groups said these provisions were not consistently enforced. A June report published by NGO Zagreb Pride stated that 60 percent of lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons experienced some form of discrimination, either at school, at work, or through contact with institutions such as the police, judiciary, and health systems. In June an NGO reported that two LGBTI persons experienced discrimination because of their sexual orientation and gender identity, one of whom claimed being verbally insulted and humiliated on a bus commuting from Rijeka to Zagreb. In the other, during the police questioning of the perpetrator, a witness was verbally attacked and spat upon because of her sexual orientation. The perpetrator was sentenced to a misdemeanor fine of 5,000 kuna ($770).

LGBTI NGOs noted the continuation of the judiciary’s uneven performance in discrimination cases. They reported members of their community had limited access to the justice system, with many reluctant to report violations of their rights due to concerns regarding the inefficient judicial system and fear of further victimization during trial proceedings. NGOs reported that investigations into hate speech against LGBTI persons remained unsatisfactory. According to Zagreb Pride’s report, since 2013 fewer than 10 percent of LGBTI persons had been subjected to physical or verbal violence at least once, of which 64 percent involved verbal abuse.

Anti-LGBTI organizations continued to promote anti-LGBTI sentiment in their rhetoric, declaring same-sex couples, same-sex parents, and transgender persons a threat to the country and to traditional society. In February during the traditional Mardi Gras festivities in the southern town of Imotski, three dolls depicting a same-sex couple and their child were publicly burned. Following the event, LGBTI organizations reported the organizers to police for public incitement of violence and hatred, while in Split the municipal state prosecutor pressed charges against them in June.

HIV and AIDS Social Stigma

Societal discrimination against persons with HIV/AIDS remained a problem. The NGO Croatian Association for HIV (HUHIV) reported some physicians and dentists refused to treat HIV-positive patients. HUHIV reported violations of the confidentiality of persons diagnosed with HIV, causing some to face discrimination, including in employment, after disclosure of their status. There were reports that transplant centers refused to place HIV-positive patients on their lists of potential organ recipients.

HUHIV reported that the government’s National Plan for Fighting HIV helped combat the stigmatization and discrimination of persons with HIV/AIDS. Additionally, HUHIV reported that an HIV diagnosis was no longer listed on government-supplied sick leave forms, protecting the privacy of HIV-positive individuals.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions of their choice, bargain collectively, and conduct legal strikes. The law prohibits antiunion discrimination and allows unions to challenge firings in court. The law requires reinstatement of workers terminated for union activity.

Some limitations of these rights exist. There are restrictions on strikes and union activity for members of the military, who are not allowed to organize or participate in a strike, while civilian employees of the military are permitted to organize but are not permitted to strike. Workers may strike only at the end of a contract or in specific circumstances cited in the contract, and only after completing mediation. Labor and management must jointly agree on a mediator if a dispute goes to mediation. If a strike is found to be illegal, any participant may be dismissed and the union held liable for damages.

The government and employers generally respected freedom of association and the right to collective bargaining. The government generally enforced relevant laws effectively. Penalties were commensurate with similar violations. Judicial procedures were lengthy in the country overall and could hamper redress for antiunion discrimination.

b. Prohibition of Forced or Compulsory Labor

The law prohibits and criminalizes all forms of forced or compulsory labor. Through July 31, the state prosecutor brought one case of criminal charges for forced labor, which remained pending at the end of the year.

The government effectively enforced the law. Penalties for conviction of forced labor were commensurate with other serious violations. Inspection was sufficient to enforce compliance. The government collaborated with several NGOs on public awareness programs. Following the introduction of a national action plan in 2018, prosecutions and monitoring increased, and reports and prosecutions of forced labor fell precipitously.

There were isolated reports that Romani children were at risk of forced begging (see 7.c.). Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. The minimum age for the employment of children is 15, the age at which compulsory education ends for most children. Minors between ages 15 and 18 who have not completed compulsory education may work only with prior approval from the government labor inspectorate and only if they would not suffer physically or mentally from the work. Children younger than age 15 may work only in special circumstances and with the approval of the ombudsperson for children. In 2019 (the last year for which data were available), there were 202 such requests, of which 195 were approved, usually for children to act in film or theatrical performances. The law prohibits workers younger than age 18 from working overtime, at night, or in dangerous conditions, including but not limited to construction, mining, and work with electricity. The Ministry of Labor, the Pension System, the Family, and Social Policy; the State Inspectorate; and the ombudsperson for children are responsible for enforcing this regulation.

The government effectively enforced the law. Penalties were generally commensurate with similar violations (see also section 7.b.). There were isolated instances of violations of the child labor law. Labor inspectors identified 35 violations involving nine minors in 2019. Violations involved minors working overtime or past curfew and occurred mainly in the hospitality and construction sectors. Some children were reportedly subject to early marriage that could result in domestic servitude. Romani children were reportedly at risk of forced begging.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination on the basis of race, color, sex, sexual orientation, marital status, family obligations, age, language, religion, political or other beliefs, national or social origin, wealth status, birth, social position or standing, political party membership or nonmembership, union or nonunion membership, or physical or mental disabilities.

The government enforced the law in all sectors, but sporadic discrimination in employment or occupation occurred on the basis of gender, disability, sexual orientation, HIV-positive status, and ethnicity, particularly for Roma. Penalties were commensurate with similar crimes, and inspection and remediation were sufficient. Some companies, state institutions, and civil society organizations, however, sometimes chose to pay a fine rather than comply with quotas for hiring persons with disabilities. According to the ombudsperson for gender equality, women experienced discrimination in employment, including in pay and promotion to managerial and executive positions. Women generally held lower-paying positions in the workforce.

The 2019 annual report of the ombudsperson for disabilities assessed limited growth of employment of persons with disabilities, putting persons with disabilities at greater risk for poverty, especially because of low salaries and pensions. The Agency for Professional Rehabilitation and Employment of Persons with Disabilities reported that in 2019 companies, state institutions, and civil society organizations had to pay 200 million kuna ($31.6 million) in fines for not satisfying hiring quotas of 3 percent of employees being persons with disabilities in workplaces with more than 20 employees. According to LGBTI advocacy organizations, although legislation protects LGBTI employees against discrimination at the workplace, employers did not have adequate policies and procedures in place to provide protection against discrimination based on sexual orientation or gender identity. NGOs reported LGBTI persons sometimes refrained from publicly revealing their sexual orientation or gender identity because they were vulnerable to termination of employment or demotion.

e. Acceptable Conditions of Work

The law establishes a national minimum wage slightly above the official poverty income level. The law provides for a standard workweek of 40 hours and limits overtime to 10 hours per week and 180 hours per year.

The law establishes occupational safety and health standards that are appropriate. Responsibility for identifying unsafe situations remains with occupational safety and health experts, not the worker. Workers may remove themselves from situations that endangered health without jeopardy to their employment.

There were instances of nonpayment of wages in the hospitality and construction sectors, as well as nonpayment for overtime and holidays. The law allows employees to sue employers for wage nonpayment and provides a penalty commensurate with other similar violations, although the law exempts employers who fail to pay wages due to economic duress. Workers may sue employers who do not issue pay slips to their employees in order to bypass mandatory employer contributions to social insurance programs.

Accidents were most frequently reported in the construction sector, where foremen could be held criminally responsible for injuries or deaths resulting from safety violations.

The Republic of Cyprus is a constitutional republic and multiparty presidential democracy. In 2018 voters re-elected President Nicos Anastasiades in free and fair elections. In 2016 voters elected 56 representatives to the 80-seat House of Representatives (Vouli Antiprosopon) in free and fair elections. The remaining seats are designated for Turkish Cypriots and are left vacant.

Police enforce the law and combat criminal activity. Police report to the Ministry of Justice and Public Order. The president appoints the chief of police. Civilian authorities maintained effective control over the security forces. Members of the security forces committed some abuses.

Significant human rights issues included: serious acts of corruption; crimes involving violence or threats of violence targeting members of national and ethnic minorities; and lack of investigation of and accountability for violence against women.

The government took steps to identify, investigate, prosecute, and punish officials who committed human rights abuses.

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

There were no reports that the government or its agents committed arbitrary or unlawful killings. The attorney general and deputy attorney general have the authority to order investigations and pursue prosecutions for arbitrary or unlawful killings committed by the government or its agents.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices. There were reports that police at times engaged in abusive tactics and degrading treatment, sometimes to enforce measures adopted by the government to mitigate the spread of COVID-19. Members of ethnic and racial minorities were more likely to be subjected to such treatment.

On May 3, the Independent Police Complaints Authority reported receiving 39 complaints against police officers for abuse of power, inappropriate behavior, and unjustifiably issuing fines during the enforcement of COVID-19-related restrictions. Three complaints concerned the use of violence during arrest. For example according to a complainant’s lawyer, on March 31, police in Nicosia pushed a garbage collector to the ground and brutally beat and handcuffed him. Police charged the alleged victim with reckless driving, resisting arrest, and failure to present his identification and proof of permission to be outside during curfew.

The most recent report of the Council of Europe’s Committee for the Prevention of Torture (CPT), published in 2018, on the country’s prison and detention centers noted persistent credible allegations of police mistreatment of detainees, including allegations received in 2017 that a woman was sexually abused; that three juvenile detainees reported officers kicked, punched, and hit them with clubs during questioning at the Limassol Central Police Station; and that persons detained by police, particularly foreigners, risked physical or psychological mistreatment at the time of apprehension, during questioning, and in the process of deportation.

The ombudsman, who also acts as the country’s national preventive mechanism under the Optional Protocol to the UN Convention against Torture, reported a continued decrease in the number of complaints of mistreatment and discriminatory and degrading behavior, including complaints of verbal, physical, and sexual abuse, from inmates in detention centers and the Cyprus Prisons Department (CPD), the country’s only prison. The ombudsman reported complaints received during the year regarding abuse at police detention centers were generally insufficiently substantiated. The ombudsman reported that complaints received during the year regarding prisoner abuse at the CPD were still under investigation. Overall the ombudsman noted continued improvement in the treatment of prisoners and detainees in the CPD and in detention centers.

Impunity was not a significant problem in the security forces.

Prison and Detention Center Conditions

Physical conditions in some prison and detention centers, including detention centers for asylum seekers and undocumented migrants pending deportation, did not meet international standards.

Physical Conditions: Overcrowding remained a problem in the CPD. The prison’s capacity is 547; the maximum number of inmates held during the year was 820. In its 2018 report, the CPT noted that in Blocks 1, 2, 5, and 8 of the CPD, many cells did not have toilets, and prisoners lacked reliable access to toilets at night. Overcrowding was not a problem in the area housing female inmates.

Prison authorities held juvenile pretrial detainees in cells separate from convicted juveniles, but the two groups shared the same grounds in their daily activities under the supervision of prison staff. Authorities reportedly held migrants detained on deportation orders together with detainees charged with criminal offenses in nearly all police stations. Such detentions were limited to a maximum of 48 hours except in cases when the Mennoyia Detention Center for undocumented migrants was full. The ombudsman noted that in practice authorities detained undocumented migrants for longer than 24 hours, which the ombudsman asserted violated international principles for the treatment of detainees.

The ombudsman reported that it had not received complaints from prisoners related to overcrowding or the failure to separate prisoners at the CPD. It did, however, on its own initiative launch an investigation into these problems during the year which was still ongoing.

In response to the March CPT Statement of Principles Relating to the Treatment of Persons Deprived of their Liberty in the context of the COVID-19 pandemic, the government amended the prison law in April to reduce the prison population. Some prisoners received early release, were shifted to an open prison scheme (allowed to work outside the prison and visit family on some weekends), or were allowed to serve the remainder of their sentence under electronic surveillance (bracelet) at home.

During the year the ombudsman inspected Aradippou and Paphos police stations as well as the holding facility at Larnaca Airport. The ombudsman reported that persons convicted for criminal offenses and detained for deportation were held at Paphos police station longer than the 48 hours allowed by law. The report noted that the Paphos police station lacked entertainment and recreation facilities, written information on the rights of detainees were not available in every cell, and there was damage to the infrastructure of the detention center that had not been repaired. The ombudsman also noted insufficient access of detainees to telephone communication at the same police station. A report on the inspection of Aradippou police station was pending.

The nongovernmental organization (NGO) Action for Equality, Support, Antiracism (KISA) reported satisfactory physical conditions at the Mennoyia Detention Center for undocumented migrants.

Approximately 44 percent of prisoners in the CPD were non-Cypriots convicted for criminal offenses, mainly theft. Unlike some Cypriot prisoners, foreign prisoners without a temporary residence permit are not permitted to leave the prison to work, spend weekends with family, or apply for parole.

Administration: Authorities generally conducted investigations into credible allegations of mistreatment. In 2018 the CPT raised concerns that insufficient resources as well as personal ties between accused police officers and investigators (most of whom were former police officers) weakened investigations into allegations of police abuse. The ombudsman conducted regular visits to the CPD and detention centers to assess whether conditions and treatment of prisoners and detainees met national and international standards and regulations. In September the ombudsman, acting as the national preventive mechanism, launched an investigation into the overall treatment of prisoners and detainees and the physical conditions at the CPD. By October 22, the ombudsman had conducted six visits to the CPD. Detention centers lacked facilities for religious observance, but religious representatives were permitted to visit inmates. The ombudsman received several complaints from prisoners who claimed they faced health risks due to COVID-19 and requested to be released under conditions of electronic monitoring. The ombudsman was examining the complaints.

The ombudsman conducted regular visits to the CPD and detention centers to assess whether conditions and treatment of prisoners and detainees met national and international standards and regulations. In September the ombudsman, acting as the national preventive mechanism, launched an investigation into the overall treatment of prisoners and detainees and the physical conditions at the CPD. By October 22, the ombudsman had conducted six visits to the CPD. Detention centers lacked facilities for religious observance, but religious representatives were permitted to visit inmates. The ombudsman received several complaints from prisoners who claimed they faced health risks due to COVID-19 and requested to be released under conditions of electronic monitoring. The ombudsman was examining the complaints.

On September 22, the European Court of Human Rights (ECHR) declared inadmissible the application of a CPD prisoner that claimed his detention conditions aggravated the state of his mental health. The ECHR found that the prisoner, diagnosed with paranoid schizophrenia and convicted for murder, received adequate medical, psychiatric, and psychological support at the CPD.

Independent Monitoring: The government permitted visits to prison and detention centers by independent human rights observers, and unrestricted and unannounced visits occurred during the year. Prison officials from other EU countries and diplomats stationed in the country visited the prisons during the year. Representatives of the Council of Europe Group of Experts on Action against Trafficking in Human Beings, the Cyprus Red Cross, KISA, and the Cyprus Refugee Council visited the Mennoyia Detention Center multiple times during the year.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed these requirements, with the exception of an incident involving several asylum seekers.

Arrest Procedures and Treatment of Detainees

The law requires judicially issued arrest warrants, and authorities respected this requirement. Authorities may not detain a person for more than one day unless a court grants an extension. Most periods of investigative detention did not exceed 10 days before the filing of formal charges. Authorities promptly informed detainees of the charges against them in a language they could understand. The attorney general made efforts to minimize pretrial detention, especially in cases of serious crimes.

There is a functioning system of bail. The government claimed the right to deport foreign nationals for specified reasons of public interest, regardless of whether criminal charges had been filed against them or they had been convicted of a crime. Trial delays were common and partially caused by lengthy legal procedures, which created a larger workload for the courts.

Detainees generally had access to an attorney. The law permits detainees to speak to their attorney at any time, including before and during interrogation by police. The CPT reported in 2018, however, that police officers regularly prevented detainees from contacting a lawyer until they had given a written statement, and the bar association reported that the presence of lawyers was not permitted during police interviews.

In one example, in 2019 a British teenager claimed Ayia Napa police denied her access to a lawyer during questioning and pressured her to sign a statement revoking her claim of rape against several Israeli teenagers. After she signed the confession, police charged her with causing public mischief for filing a false police report. The British teenager’s attorney told the press that police had questioned her for eight hours at the police station without a lawyer. On January 7, the court sentenced her to a four-month suspended sentence.

In criminal cases the state provides indigent detainees with an attorney. To qualify for free legal aid, however, detainees first require a court decision confirming their financial need. The Republic of Cyprus Bar Association prohibits lawyers from doing work pro bono. NGOs complained that this has a significant impact on their ability to take the government to court and hold officials accountable for the treatment of asylum seekers.

NGOs reported arbitrary arrests and detention of asylum seekers. According to the UNHCR, on May 11 and 15, police rounded up 67 asylum seekers from hotels and homes, handcuffed them, and transferred them by bus to Kokkinotrimithia reception center, where other refugees and asylum seekers were housed. They were confined to the center due to COVID-19-related movement restrictions. Police reportedly did not present arrest warrants, explain the reason for the arrests, or allow those arrested to bring any personal belongings, including medications.

The ombudsman reported some cases of authorities detaining migrants and asylum seekers, allegedly for the purpose of deportation, for extended periods despite there being no prospect they would actually be deported, either because their country of origin refused to accept them or the detainees refused to consent to the issuance of travel documents by their country of origin. The ombudsman reported that in those cases detention did not exceed the maximum of 18 months permitted by the law. A considerable number of detainees at the Mennoyia Detention Center were awaiting a decision on their request for international protection or for adjudication of their appeals against the rejection of their asylum applications. KISA said that authorities continued to provide only limited information to detainees about the status of their cases. The ombudsman recommended that Civil Registry and Migration Department adopted its past recommendation to have its officers visit Mennoyia Detention Center more frequently to better inform detainees about their cases.

Unlike in some previous years, the ombudsman and NGOs did not encounter cases of detainees deported before final adjudication of their asylum applications. An NGO reported, however, that instead of deporting detainees before final adjudication of their cases, immigration authorities pressured them to sign a voluntary return consent by threatening them with indefinite detention. The ombudsman received a complaint from a female detainee at the Mennoyia Detention Center about the type and quality of food provided. During the course of the ombudsman’s investigation, the detainee was provided the specific diet recommended by the doctor and the investigation was closed.

e. Denial of Fair Public Trial

The law and constitution provide for an independent judiciary, and the government generally respected judicial independence and impartiality.

Trial Procedures

The law provides for the right to a fair and public trial, and an independent judiciary generally enforced this right.

Defendants enjoy the right to a presumption of innocence. Officials informed defendants promptly and in detail of the charges against them. The constitution provides for fair and public trials without undue delay, and defendants have the right to be present and to consult with an attorney in a timely manner. Authorities provide an attorney for defendants who are unable to afford one and allow defendants adequate time and facilities to prepare a defense. Authorities provide free interpretation as necessary through all stages of the trial. Defendants have the right to confront prosecution or plaintiff witnesses and present evidence or witnesses on their behalf. Criminal defendants enjoy the right not to be compelled to testify or confess guilt. Defendants have the right to appeal. The Cyprus Bar Association reported that chronic court delays, particularly in civil trials, impaired the right to a fair trial.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

Individuals and organizations can seek civil remedies for human rights violations through domestic courts. Individuals can appeal cases involving alleged human rights violations by the state to the European Court of Human Rights once they have exhausted all avenues of appeal in domestic courts.

Property Restitution

According to the law, the minister of interior is the guardian of the properties of Turkish Cypriots who have not had permanent residence in the government-controlled area since 1974. Ownership remains with the original owner, but the sale or transfer of Turkish Cypriot property under the guardianship of the minister requires the approval of the government. The minister has the authority to return properties to Turkish Cypriot applicants after examining the circumstances of each case. Owners can appeal the minister’s decisions to the Administrative Court.

During the year Turkish Cypriots filed four court cases seeking to reclaim properties located in the government-controlled area. The Administrative Court, the Supreme Court, and Larnaca District Court issued a ruling in five separate cases filed against the guardian by Turkish Cypriot property owners in previous years. The Administrative Court found in favor of one Turkish Cypriot owner who had not received a reply from the guardian to his request to have his property disengaged from the guardianship. The court ruled that the 16 months that had lapsed since he submitted the request until the time of the appeal was not a reasonable period of time and ordered the minister of interior to correct the omission.

For information regarding Holocaust-era property restitution and related issues, please see the Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 29, 2020, at https://www.state.gov/reports/just-act-report-to-congress/.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law prohibits such actions, and there were no reports that the government failed to respect these prohibitions.

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Freedom of Speech: The law criminalizes incitement to hatred and violence based on race, color, religion, genealogical origin, national or ethnic origin, or sexual orientation. Such acts are punishable by up to five years’ imprisonment, a fine of up to 10,000 euros ($12,000), or both.

Freedom of Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction.

The law penalizes the use of geographical names and toponyms in the country other than those included in the gazetteer the government presented at the 1987 Fifth UN Conference on the Standardization of Geographical Names. According to the law, anyone who publishes, imports, distributes, or sells maps, books, or any other documents in print or digital form that contain geographical names and toponyms on the island other than those permitted, commits an offense punishable by up to three years in prison, a fine of up to 50,000 euros ($60,000), or both.

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority.

The law criminalizes the use of computer systems to incite and promote racism, xenophobia, prejudice, racial discrimination, hate speech, and violence. Such acts are punishable by up to five years’ imprisonment, a fine of up to 35,000 euros ($42,000), or both.

Academic Freedom and Cultural Events

The government maintains a policy of preventing visiting foreign academics and artistic groups from attending conferences or performing in the area administered by Turkish Cypriots, in accordance with laws that provide them the right to deny entry to visitors who declare a hotel in the area under Turkish Cypriot administration not originally owned by Turkish Cypriots as the place of stay. There were no reports of blocked visits during the year, although for much of the year foreign tourists were not permitted to enter the country due to COVID-19.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, and the government generally respected these rights.

c. Freedom of Religion

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

d. Freedom of Movement

The law provides for freedom of internal movement within government-controlled areas, foreign travel, emigration, and repatriation, and the government generally respected these rights.

In-country Movement: The government imposed restrictions on some internal movements and movements through crossing points to the areas administered by Turkish Cypriots to prevent the spread of COVID-19, and these restrictions were applied equally to all. Prior to the COVID-19 pandemic, the government did not restrict Greek Cypriots from traveling to the area administered by Turkish Cypriots, but the Ministry of Foreign Affairs warned foreigners against spending the night at Greek Cypriot-owned properties occupied by Turkish Cypriots or Turks, gambling in the area administered by Turkish Cypriots, or buying or developing property there. Authorities at ports of entry denied admission to nonresidents who listed hotels in the area administered by Turkish Cypriots as their intended place of residence during their visit. NGOs reported the government prohibited recognized non-Cypriot refugees with temporary residence status and asylum seekers from crossing to the area administered by Turkish Cypriots, asserting it could not assure their safety in an area not under its control. Local media reported police officers at the crossing points occasionally harassed Greek Cypriots returning from the area under Turkish Cypriot administration.

On February 29, the government closed four of the nine buffer zone crossings as a temporary measure to prevent the spread of COVID-19. In mid-March, Turkish Cypriot authorities suspended the operation of the remaining crossings, effectively banning all travel across the buffer zone. Movement was partially restored in stages beginning June 8. The Ledra Street pedestrian crossing in Nicosia remained closed by the government as of December. Protests against the crossing point closures staged by Greek Cypriots and Turkish Cypriots in late February and early March led to skirmishes with police and the arrest of three protesters. In March Turkish Cypriot press reported Greek Cypriot police used pepper spray and clubs against Turkish Cypriot demonstrators at the Ledra Street crossing. Several demonstrators and journalists were taken to the hospital. The Turkish Cypriot Foreign Press Association condemned the use of force and claimed Greek Cypriot police violated press freedom.

e. Status and Treatment of Internally Displaced Persons

The government considers Greek Cypriots displaced as a result of the 1974 division of the island to be refugees, although they fell under the UN definition of internally displaced persons (IDPs). As of December 2019 there were 228,000 such individuals and their descendants. UNHCR provided assistance to Greek and Turkish Cypriot IDPs from 1974 to 1988, after which it transferred assistance programs to UN Peacekeeping Force in Cyprus (UNFICYP) and other UN agencies. Depending on their income, IDPs were eligible for financial assistance from the government. They were resettled, had access to humanitarian organizations, and were not subject to attack, targeting, or mandatory return under dangerous conditions.

f. Protection of Refugees

The government generally cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to refugees and asylum seekers. In 2019 the Asylum Service accepted the secondment of a UNHCR consultant and established a quality assurance unit to ensure the quality of the refugee status-determination procedures. The government did not accept UNHCR’s offer to second officers to Social Welfare Services to help ensure the mandatory vulnerability assessments of asylum applicants were conducted in a timely and comprehensive manner.

Abuse of Migrants, Refugees, and Stateless Persons: NGOs reported that some Social Welfare Service officers and judges subjected asylum seekers to racist verbal abuse. On April 28, the NGO KISA reported that security personnel at the Social Welfare Services office in Lakatamia physically attacked two asylum seekers and an infant child who had visited the office to inquire about the delay in receiving their food coupons and rent subsidy. The Ministry of Labor reported the incident to the police and asked the private company providing security services to transfer the security guard involved from Social Welfare Services office. The security guard was charged and the case was pending trial at year’s end.

In June UNCHR reported three unaccompanied minors at Kokkinotrimithia reception center renewed their claim that they were sexually harassed by adult residents of the center. The minors reported they were touched inappropriately while waiting in line for food or medical examinations and that adults violated their privacy while showering. The commissioner for the protection of the child, the ombudsman, members of the House of Representatives Standing Committee on Human Rights, and UNHCR criticized the government for keeping unaccompanied minors in the reception center until their age could be verified. The Asylum Service reported in September that according to its investigation the sexual harassment complaints were unfounded. It did, however, acknowledge it was a mistake and inappropriate to keep those who claimed they were unaccompanied minors with the general population. As a result the Asylum Service established a “safe zone” in the camp for persons claiming to be unaccompanied minors until their age could be verified. The Ministry of Labor reported that Social Welfare Services transferred two of the minors to a shelter for unaccompanied minors and the third to his sister’s house. Authorities referred the cases to the Children’s House, a multidisciplinary government center providing services to victims of child sexual abuse. According to the Ministry of Labor, two of the children interviewed by the center’s specialists did not report that they had been sexually harassed at the center. The third minor did not report sexual harassment and refused to be interviewed.

The government’s policy was not to hold irregular migrants in detention for long periods and to release them and provide them residency permits if they were not deported within 18 months. An NGO reported immigration authorities pressured migrant detainees to sign a voluntary return consent by threatening them with indefinite detention. The same NGO reported that some asylum seekers were detained for reasons of national security and remained in detention for several months without being informed of the evidence against them.

Refoulement: On March 20, marine police directed a boat carrying 115 Syrians to leave Republic of Cyprus territorial waters and return to Syria. Authorities cited COVID-related entry restrictions as the justification. The boat eventually capsized in waters under Turkish Cypriot administration, and Turkish Cypriot authorities deported the Syrians to Turkey. On June 4, a boat reportedly carrying 30 Syrians attempted to enter the country and was pushed back by marine police. The vessel eventually landed in the area under Turkish Cypriot administration. The Syrian passengers reportedly crossed irregularly into the government-controlled area. A third pushback of a boat reportedly carrying 10 Syrians was reported in late July. It also landed in the north and its passengers crossed irregularly into the government-controlled area. Between September 1 and 8, police pushed back six more boats arriving from Lebanon. According to UNHCR, government authorities kept two additional boats, reportedly carrying Syrian nationals, at sea for days. NGOs reported that passengers that came ashore on vessels from Lebanon were not given the opportunity to submit asylum claims. Instead they were immediately quarantined and quickly deported. NGOs claimed some asylum seekers were tricked into boarding buses they believed were going to a hospital, only to be taken to the port and deported on government-chartered vessels.

As of September 8, authorities reportedly deported a total of 115 persons who had arrived by boat from Lebanon. On September 9, a Ministry of Interior spokesperson stated that government officials had boarded the boats and verified the passengers were not asylum seekers but economic migrants. The ministry therefore decided to send them back to Lebanon. A UNHCR spokesperson responded on September 9 that UNCHR was not given access to the passengers of the boats that were pushed back and was therefore not in a position to verify that the passengers did not ask for asylum.

Access to Asylum: The law provides for granting asylum or refugee status, and the government has established a system for providing protection to refugees. On March 16, however, the government suspended asylum processing procedures as part of measures to prevent the spread of COVID-19. Registration of asylum applications resumed in late May. UNHCR and NGOs reported the suspension left many asylum seekers, including vulnerable populations, homeless and without benefits. The ombudsman received one official complaint from an asylum seeker who arrived on March 11 that authorities refused to accept the asylum seeker’s application, citing COVID-19 measures and that their passport had expired. The ombudsman’s investigation continued at year’s end.

Due to a significant increase in asylum claims in recent years and long delays in the examination of applications, more than 18,700 asylum claims were pending examination as of the end of September. The Asylum Service, the ombudsman, UNHCR, and NGOs reported some accelerated examination of asylum applications but the existing backlog remained and delays persisted in the appeals process. The government, UNHCR, and NGOs agreed that a significant proportion of registered asylum claims were not credible. In June 2019 the government established an International Protection Administrative Court (IPAC) to streamline the examination of asylum appeals. NGOs reported the establishment of IPAC was an improvement over the previous system, but there was not sufficient data to evaluate its effect on the duration of appeals.

Freedom of Movement: The government temporarily converted the two reception centers for asylum seekers in Kokkinotrimithia and Kofinou into closed centers with restricted entry and exit as part of the country-wide COVID-19 lockdown. The closure sparked a series of protests by camp residents in Kokkinotrimithia, a center designed to hold asylum seekers no more than 72 hours, who demanded to be allowed to freely exit. While movement restrictions were eased at Kofinou on May 21, entry and exit to Kokkinotrimithia remained restricted due to an outbreak of scabies. On May 27, UNHCR reported the decision effectively confined some 773 asylum seekers, including unaccompanied minors and other vulnerable persons, to the camp while only two residents were actually treated for scabies.

Media and NGOs reported unsanitary and harsh conditions for some asylum seekers, with insufficient food and lack of basic hygiene facilities, soap, and electricity. On April 23, after a visit to Kofinou and Kokkinotrimithia reception centers, the ombudsman reported that some of the newly installed tents at Kokkinotrimithia were placed on dirt that turned into mud after a heavy rainfall and some did not have electricity. She recommended opening of the centers as soon as pandemic conditions allowed, resumption of asylum procedures, and expediting the interviews of those who claimed to be minors to ensure no minors were left in temporary reception facilities.

There were several reports of arbitrary arrest and detentions of asylum seekers, including the May detention and confinement of 67 asylum seekers reported by the UNHCR (see section 1.d., Arbitrary Arrest or Detention).

Several NGOs reported concerns about deteriorating conditions at the Pournara Migrant Reception Center in Kokkinotrimithia in October and November. The pandemic’s effect on the economy impacted camp residents, and while asylum seekers were free to leave once processed during that time period, many chose not to because they could not find jobs or afford outside accommodation. Adding to the hardship, according to NGOs and government officials, the Social Welfare Service was not functioning effectively, leaving many without basic necessities such as access to food, rent subsidies, or healthcare. UNHCR reported some asylum seekers stay at the center for months.

In November the center reported operating near capacity with 549 total residents, including 52 children. A total of 37 migrants had tested positive for COVID, and 260 residents were confined to the quarantine section of the camp. New arrivals had slowed during the period of April to June when flights to the country were halted or reduced, but from September through early November, the center had processed an average of 20 arrivals per day.

The ombudsman made an unannounced visit on December 4 and issued a report on December 10 with a set of recommendations, including 1) the immediate release of 200 residents who meet the established conditions to leave; 2) the immediate transfer of 13 unaccompanied minors, being held on the basis of COVID mitigation protocols, to other appropriate facilities; 3) the creation of a safe zone for unaccompanied minors in quarantine; 4) an immediate vulnerability assessment of all individuals in the center and transfer of vulnerable persons to other facilities; 5) institution of a preliminary medical screening for all asylum seekers upon admission into the center; 6) speeding up efforts for the establishment of a second, specially designed accommodation facility outside the center to transfer any COVID-19 positive asylum seekers in the center; and 7) immediately transferring individuals who complete 14 days in the quarantine area and test negative for COVID-19 to the main area of the center.

Employment: Authorities allowed asylum seekers whose cases were awaiting adjudication to work after a one-month waiting period. In May 2019 the Ministry of Labor expanded the number of sectors in which asylum seekers could work to include employment in animal shelters and kennels, night shifts in bakeries and dairies, auto-body paint and repair, garden cleaning, and as kitchen assistants and cleaners in hotels and restaurants. The law previously restricted asylum seekers to employment in fisheries, the production of animal feed, waste management, gas stations and car washes, freight handling in the wholesale trade, building and outdoor cleaning, distribution of advertising and informational materials, and food delivery. NGOs and press reported refugees and asylum seekers lost jobs due to the long-term closure of many establishments in the tourism and hospitality sectors due to COVID-19 mitigation efforts. Prior to the pandemic, many were already dealing with tenuous financial situations and had difficulties finding and maintaining employment due to limited access to the labor market, lack of skills or education, and the lack of social capital and networks.

There were reports of racism by Labor Department officers who met with valid residency applicants seeking a contract of employment. During the year the Ministry of Labor and Social Insurance received 2,771 labor contracts applications for asylum seekers and by year’s end had approved 2,269 and rejected 54. NGOs reported the procedure for employing asylum seekers was slow and costly and discouraged employers from hiring asylum seekers.

Access to Basic Services: Recognized refugees have access to public services, such as education, health care, and the courts. The only permanent reception center for asylum seekers, located in Kofinou, remained full, and the majority of asylum seekers lacked proper housing. UNHCR and local NGOs noted a high number of asylum seekers faced homelessness and destitution. They reported that many asylum seekers slept in outdoor parks or temporarily stayed with friends, relatives, or strangers, often sleeping on floors without adequate access to hygiene facilities. The growing number of new arrivals, the limited supply of affordable accommodations, delays in the provision of government financial support, and the backlog in the examination of asylum applications increased the risk of homelessness, according to local NGOs.

Emergency measures introduced to contain the spread of COVID-19 included restrictions on freedom of movement, social distancing requirements, and limits on gatherings, as well as the closure of public spaces and certain businesses, government institutions, and facilities. NGOs and UNHCR reported that these actions had personal, public, economic, and social implications on the human rights and living conditions of refugees and asylum seekers. Primarily these included prolonged detention at overcrowded government reception facilities in poor conditions (see “Freedom of Movement” above); the loss of jobs and livelihoods (see “Employment” above); restrictions in access to healthcare; adverse mental health impacts; delays in social welfare payments; a lack of access to technology, education and personal development opportunities; delays in asylum and migration procedures; and limited access to the legal and judicial systems.

The ombudsman received several complaints concerning the delivery of welfare support and has requested the views of the Ministry of Labor on the matter. NGOs reported that during the lockdown to contain the COVID-19 pandemic, the government suspended housing subsidies provided to asylum seekers who were reportedly forcibly removed from their rented accommodations and transferred to the Kokkinotrimithia reception center. An unspecified number of asylum seekers accommodated by the government in hotels were also moved to Kokkinotrimithia, which the government temporarily turned into a closed reception center for the duration of the restrictions (April 8 to June 15).

UNHCR, NGOs, and asylum seekers reported delays and inconsistencies in the delivery of benefits. On March 18, the Council of Ministers abolished the coupon system for welfare support provided to asylum seekers and replaced it with direct payments. In previous years the ombudsman and NGOs reported that the system of providing welfare support to asylum seekers via coupons did not appropriately accommodate the special needs of vulnerable groups. The coupons could be redeemed only in specific shops that may lack some supplies, were usually more expensive than other grocery stores, and were often inconveniently located. The NGO KISA reported these shops exploited the vulnerable position of asylum seekers and charged up to 20 percent in fees to cash government checks. In October the Social Welfare Service began printing and mailing benefit checks to asylum seekers or paying welfare benefits directly into beneficiaries’ accounts, in accordance with the new system. NGOs complained that many asylum seekers lack reliable, stable mailing addresses and the ability to cash checks, and noted that banks are unwilling or reluctant to open accounts for asylum seekers. Homeless asylum seekers faced difficulties in opening a bank account without a valid address.

Asylum seekers who refused an available job could be denied state benefits. An NGO reported that mothers with young children and asylum seekers with medical conditions that prevented them from working in the permitted sectors of employment were sometimes refused state benefits. The Ministry of Labor reported that it examines the reasons an asylum seeker declined a job offer and if found valid, benefits remain in place.

In May 2019 the Council of Ministers introduced a series of changes to improve the housing condition of asylum seekers. It approved an increase, effective June 1, 2019, in the housing subsidy provided to asylum seekers by Social Welfare Services, established criteria for the number of persons who can reside in a rented establishment based on the number of rooms, and began providing the initial rent deposit directly to the asylum seekers instead of to the landlord. An NGO stated the increase was not sufficient to cover the steep rise in rent prices. The Council of Ministers also authorized continued financial support to asylum seeker families even if a member of the family finds employment, provided that the salary does not exceed the total assistance to which the family is entitled.

Temporary Protection: The government also provided temporary protection, called subsidiary protection, to individuals who may not qualify as refugees. The government provides subsidiary protection status for citizens or residents of Syria who entered the country legally or illegally. All persons seeking such status were required to provide a Syrian passport or other identification. Authorities granted subsidiary protection to 1,209 persons during the first nine months of the year.

The law and constitution provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. In national elections, Turkish Cypriots who resided in the area administered by Turkish Cypriots were ineligible to vote and run for office in the government-controlled area, although Greek Cypriots living in the north faced no such restrictions. In elections for the European Parliament, Cypriot citizens, resident EU citizens, and Turkish Cypriots who live in the area administered by Turkish Cypriots have the right to vote and run for office.

Elections and Political Participation

Recent Elections: In 2018 voters re-elected Nicos Anastasiades president in free and fair elections. In 2016 the country held free and fair elections for the 56 seats assigned to Greek Cypriots in the 80-seat House of Representatives. The 24 seats assigned to Turkish Cypriots remained vacant.

Participation of Women and Members of Minority Groups: No laws limit participation of women and members of minority groups in the political process, and they did participate. Women remained underrepresented in senior political positions. Only 27 percent of ministers and 21.4 percent of the members of House of Representatives were women.

In May 2019 more than 5,600 Turkish Cypriots voted in the European Parliament elections at 50 polling stations near buffer-zone crossing points, compared with 1,869 who voted in 2014. According to press reports, between 1,100 and 1,500 Turkish Cypriots were unable to vote because their names did not appear on the electoral list. Voters elected a Turkish Cypriot to one of the country’s six seats in the European Parliament for the first time. The law provides for the registration of all adult Turkish Cypriot holders of a government identity card who resided in the area administered by Turkish Cypriots in the electoral roll for the European Parliament elections. Turkish Cypriots not residing in that area needed to apply for registration in the electoral roll, as did all other citizens residing there. The government did not automatically register an unspecified number of Turkish Cypriots residing in the north because they were incorrectly listed in the official civil registry as residents of the government-controlled area. This problem persisted but to a lesser extent than previous years, as the number of registered Turkish Cypriot voters increased from approximately 56,000 in 2014 to 81,000 in 2019. The media attributed much of this increase to the successful campaigning of the first Turkish Cypriot elected to European Parliament.

The law provides criminal penalties for corruption by officials, and the government generally implemented the laws effectively. Although the government generally investigated and prosecuted cases of corruption, there were numerous reports of government corruption during the year.

Corruption: On October 12, Al Jazeera aired an expose, The Cyprus Papers—Undercover, in which undercover reporters captured extensive evidence of government corruption related to the Citizenship by Investment scheme (CBI). In the video the president of the House of Representatives, Demetris Syllouris, House of Representatives member Christakis Giovani, and CBI facilitators indicated their willingness to assist a fictitious Chinese CBI applicant whom they were told had been convicted of money laundering and corruption. On October 13, the government announced it was terminating the CBI program, effective November 1, and Attorney General George Savvides ordered an investigation into any possible criminal offenses arising from the Al Jazeera report. Syllouris and Giovani resigned from the House of Representatives. On March 11, the former mayor of Larnaca, Andreas Louroudjiatis, was sentenced to five years’ imprisonment for corruption, bribery, money laundering, and other related charges in connection to waste management plants operated by the municipalities of Larnaca and Paphos. The financial director of the Municipality of Paphos was sentenced to five years’ imprisonment and two engineers of the town planning department were sentenced to 42-month and 18-month prison terms in relation to the incident. The company involved, Helector Cyprus Ltd, was fined 183,000 euros ($220,000).

Financial Disclosure: The law requires the president, members of the Council of Ministers, members of the House of Representatives, and members of the State Health Services Organization board to declare their income and assets. The publication of their declarations is obligatory, but there are no specific sanctions for noncompliance. Spouses and children of the same officials are required to declare their assets, but the publication of their declarations is prohibited. Other public officials are not required to declare their assets.

Domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were somewhat cooperative and responsive to their views.

Government Human Rights Bodies: There is a government ombudsman, whose portfolio includes human rights, and a legislative Committee on Human Rights.

During her independent investigations, the ombudsman generally enjoyed good cooperation with other government bodies. NGOs complained, however, that the Office of the Ombudsman routinely refused to investigate their complaints on the grounds that similar complaints had been investigated in the past. The Office of the Ombudsman reportedly made increased interventions, including at least 52 ad hoc reports during the year to support vulnerable groups, such as migrants, refugees, asylum seekers, lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons, and women.

The legislative Committee on Human Rights, which most local NGOs considered effective, consists of nine members of the House of Representatives who serve five-year terms. The committee discussed a wide range of human rights problems, including trafficking in persons, violence against women, sexual abuse of women and children, prison conditions, and the rights of foreign workers. The executive branch did not exercise control over the committee.

Women

Rape and Domestic Violence: The law criminalizes rape, including spousal rape, with a maximum sentence of life in prison. The law also criminalizes domestic violence, with a maximum sentence of 10 years in prison for violations. The government generally enforced the law effectively, although many cases continued to go unreported.

The law establishes clear mechanisms for reporting and prosecuting family violence. A court can issue a same day restraining order against suspected or convicted domestic violence offenders. The number of reported cases of domestic violence increased in recent years. In the first nine months of 2019, 519 cases of domestic violence were reported to police. As of October 2019, police had investigated 181 of the cases and filed 111 cases in court. The NGO Association for the Prevention and Handling of Violence in the Family (SPAVO) stated increased reporting reflected greater awareness of and access to services, rather than an increasing number of incidents. SPAVO said domestic violence victims often faced significant family and social pressure not to report abuse and to withdraw complaints filed with police. The media and NGOs criticized the Social Welfare Services for not providing sufficient support to female victims of domestic violence. In one example, in January a man stabbed and killed his estranged wife, Ghada Al Nouri, while three of their seven children were in the house. Al Nouri had reported abuse to police two weeks earlier, culminating in the man’s arrest and issuance of a restraining order. The perpetrator was released on bail just days later, pending the start of his trial. The director of the Social Welfare Service denied reports that the service did not ensure the victim was protected, stating that social workers were in constant contact with the victim and had offered her the option to move to a safe house. In July the perpetrator was convicted and sentenced to 18 years in prison.

SPAVO reported a steep increase in domestic violence during and immediately after the mandatory lockdown imposed due to COVID-19. In the period March 16 to June 30, the association recorded a 50 percent increase in SPAVO’s call center cases and a 46 percent increase in the number of victims at shelters, compared to the same period in 2019. Survivors of domestic violence had two shelters, each funded primarily by the government and operated by SPAVO.

Police conducted detailed educational programs for officers on the proper handling of domestic violence, including training focused on child abuse. NGOs reported, however, that some police officers continued to dismiss claims of domestic abuse by foreign women and children.

Sexual Harassment: The law prohibits sexual harassment in the workplace with a maximum penalty of six months in prison, a 12,000 euro ($14,400) fine, or both. A code of conduct outlines the prevention and handling of sexual harassment and harassment in the public service. NGOs and foreign domestic worker associations reported that authorities did not adequately investigate sexual harassment complaints submitted by foreign domestic workers.

Sexual harassment reportedly remained a widespread, but often unreported, problem. NGOs said permissive social attitudes, fear of reprisals, and lack of family support for victims discouraged victims from reporting instances of sexual harassment. The Department of Labor reported receiving eight sexual harassment complaints, including two from foreign domestic workers, but stated that all the complaints lacked supporting evidence. The ombudsman continued to receive and examine complaints of sexual harassment in the workplace. In July 2019 the major labor unions–the Confederation of Cypriot Workers and the Pancyprian Labor Federation–agreed with the Employers and Industrialists Federation on a code of conduct covering how to treat cases of harassment and sexual harassment at the workplace. Due to the pandemic, the ombudsman cancelled planned training and seminars on sexual harassment and gender mainstreaming for the public sector during the year.

In April 2019 a university student reported to police that her 48-year-old employer at a Nicosia kiosk tried repeatedly to touch, hug, and kiss her without her consent. Following an investigation, including the examination of video footage, police brought charges against the employer, who was released on bail and restraining orders pending trial.

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

The government funded an NGO that 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 law provides the same legal status and rights for women and men. The government generally enforced the law, but women experienced discrimination in employment and pay in the private sector. Although reporting by Eurostat showed pay parity between the genders in the public sector, NGOs reported vertical and occupational segregation remained a challenge.

Children

Birth Registration: Children derive citizenship from their parents, and there was universal registration at the time of birth. Citizenship is denied, however, when either of the parents entered or resided in the country illegally. The government considers as illegal settlers Turkish citizens who entered and reside in the area under Turkish Cypriot administration. Children born to a Turkish Cypriot parent are not automatically granted citizenship if one or both of their parents were a Turkish national who entered and resided in the country illegally. Their applications for citizenship are reviewed by the Council of Ministers, which has the right to override this provision of the law and grant them citizenship, provided the applicants meet a set of criteria adopted by the Council of Ministers in 2007.

Child Abuse: The law criminalizes child abuse. The maximum penalty for child abuse is one year imprisonment, a fine of up to 1,700 euros ($2,000), or both.

Child, Early, and Forced Marriage: The legal age of marriage is 18, but persons ages 16 and 17 may marry, provided there are serious reasons justifying the marriage and their legal guardians provide written consent. A district court can also allow the marriage of persons ages 16 and 17 if the parents unjustifiably refuse consent, or in the absence of legal guardians.

Sexual Exploitation of Children: The law prohibits commercial sexual exploitation of children, child pornography, offering or procuring a child for prostitution, and engaging in or promoting a child in any form of sexual activity. The maximum penalty for sexual abuse and exploitation of a child who is 13 through 17 years old is 25 years in prison. The penalty for sexual abuse and exploitation of a child younger than 13 is up to life in prison. Possession of child pornography is a criminal offense punishable by a maximum of life imprisonment. Authorities enforced these laws. The minimum age for consensual sex is 17.

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.

Anti-Semitism

There were approximately 4,500 persons in the Jewish community, which consisted of a very small number of native Jewish Cypriots and a greater number of expatriate Israelis, British, and Russians.

Unlike in previous years, the Jewish community reported that there were no attacks against members of their community.

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 physical, sensory, intellectual, and mental disabilities and prohibits discrimination against them. The government generally enforced these provisions.

Children with disabilities attend mainstream schools. The government provides a personal assistant to children with disabilities attending public schools but not to children with disabilities attending private schools. The ombudsman issued a report in September noting that the law obligated private secondary education schools to provide personal assistants for children with disabilities.

During the year the ombudsman examined several complaints from persons with disabilities concerning accessibility issues and discrimination. In May the ombudsman’s office reported that it examined a complaint submitted by parents of children with disabilities that their children were subjected to different conditions and procedures for their return to school under COVID-19-related restrictions. The ombudsman concluded that the additional conditions imposed by the Ministry of Education for their return to school violated the principle of equal treatment and nondiscrimination and called on the ministry to immediately revoke the additional requirements. The Ministry of Education complied with the recommendation.

Problems facing persons with disabilities included limited access to natural and constructed environments, transportation, information, and communications. The Cyprus Paraplegics Organization reported that several public buildings were still not accessible to wheelchair users. The ombudsman examined several complaints from persons with disabilities. In January the ombudsman reported that, in violation of relevant legislation, television broadcasters failed to provide audiovisual services accessible to persons with hearing disabilities. At the ombudsman’s recommendation, the Cyprus Radio-Television Authority (CRA) requested all broadcasters comply with their legal obligations. All broadcasters submitted accessibility action plans to the CRA. The CRA will evaluate their implementation during the course of the next year.

During the year government services implemented recommendations in the ombudsman’s April 3 report to ensure persons with physical and mental disabilities and persons in social care shelters had access to COVID-19 information and protection measures. The ombudsman intervened in a case of several persons with disabilities who were not allowed to abstain from coming to their workplace after colleagues tested positive for COVID-19 and in a case of a single parent of disabled children who was not granted leave to care for them during the pandemic. Both cases were resolved in favor of the complainant.

In February, three nurses at the public Athalassa Psychiatric Hospital reported appalling physical conditions, serious overcrowding, and personnel and medication shortages to the Cyprus Mail newspaper. The nurses reported that the building’s poor condition led to injuries of patients and staff. The ombudsman issued two reports in March and September that confirmed a shortage of nurses, the lack of a permanent pharmacist, and that past improvements to the building failed to create a suitable environment for patients.

The Ministry of Labor and Social Insurance’s Service for the Care and Rehabilitation of the Disabled is responsible for protecting the rights of persons with disabilities. Observers did not consider fines for violating the law against employment discrimination sufficient to prevent abuses (see also section 7.d.).

Members of National/Racial/Ethnic Minority Groups

Minority groups in the government-controlled area of the country included Catholics, Maronites, Armenians, and Roma. Although legally considered one of the two main communities of Cyprus, Turkish Cypriots constituted a relatively small proportion of the population in the government-controlled areas and experienced discrimination.

Christ Mayuba, a British soccer player on a local professional team, reported to police that he was the victim of a verbal racist attack by spectators during a match in February. Although Mayuba’s teammates stopped play as a show of support when a spectator called him a “slave,” the referee ejected Mayuba and eventually gave the opposing team the win by forfeit. At first police stated that a preliminary investigation did not appear to confirm Mayuba’s claims. The ombudsman conducted an investigation into the incident and concluded in March that Mayuba suffered verbal racial abuse. Following the ombudsman’s report, the police launched an investigation and submitted its findings to the attorney general for the criminal prosecution of those involved.

NGOs reported police racial profiling and discriminatory treatment of ethnic minorities in the enforcement of movement restrictions imposed to mitigate the spread of COVID-19. KISA reported that police illegally entered the homes of migrants without a warrant and fined them for violating the rule prohibiting home gatherings of more than 10 persons in spite of the fact that they were residents of the house. It reported that police targeted migrants in the streets to issue fines and in some cases intimidated and physically mistreated them. For example KISA reported in May that police fined three migrants playing soccer in the street outside their home for violating COVID-related movement restrictions. All three were living in a single-room apartment in the old city of Nicosia. The NGO reported the police had shown tolerance in similar cases involving local citizens. Caritas received reports from migrant workers that police fined them on the bus because their facemask was not covering their nose, as stipulated by the relevant decree, but did not fine nonmigrants, including the bus driver, wearing the mask in the same manner.

There were incidents of violence against Turkish Cypriots traveling to the government-controlled areas as well as some incidents of verbal abuse or discrimination against non-Greek Cypriots. In July 2019 Turkish Cypriot leader Mustafa Akinci reported to the UN Secretary General’s special representative in Cyprus that a Turkish Cypriot tourist bus driver was harassed by Greek Cypriots at Larnaca airport and called for a proper investigation. President Anastasiades instructed police to open an investigation into the complaint, which continued at year’s end.

The Ministry of Education applied a code of conduct against racism in schools that provided schools and teachers with a detailed plan on handling, preventing, and reporting racist incidents.

A May 2018 European Commission report prepared as part of the Roma Civil Monitor pilot project stated that Cypriot Roma continued to face discrimination in housing, employment, and education. The report asserted government actions to promote the inclusion of Roma were insufficient.

The ombudsman continued to receive complaints that the government delayed approval of citizenship for children of Turkish Cypriots married to Turkish citizens residing in the area administered by Turkish Cypriots (see section 6, Birth Registration). The ombudsman reported that the government did not make progress towards implementing her past recommendations to ensure such applications were processed within a reasonable time and applicants are promptly informed in writing when their application does not meet stated criteria. The government reported granting citizenship to 50 such children in 2019.

A member of the Armenian community reported difficulties in registering with the Cyprus Scientific and Technical Chamber, the body responsible for the accreditation of engineers, allegedly due to his ethnicity. The ombudsman continued to investigate the case at year’s end.

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

Antidiscrimination laws exist and prohibit direct or indirect discrimination based on sexual orientation or gender identity. Antidiscrimination laws cover employment and the following activities in the public and private domain: social protection, social insurance, social benefits, health care, education, participation in unions and professional organizations, and access to goods and services.

Despite legal protections, LGBTI individuals faced significant societal discrimination, particularly in rural areas. As a result many LGBTI persons were not open about their sexual orientation or gender identity, nor did they report homophobic violence or discrimination.

On September 7, authorities deported a Brazilian man who had entered a civil partnership with a Cypriot national while both were in prison. The NGO Accept LGBTI Cyprus (ACCEPT) and members of the House of Representatives Human Rights Committee publicly called on the minister of interior to cancel the deportation. The Brazilian was arrested immediately after his release from prison and detained at the Paphos police station for several weeks, exceeding the maximum of 48 hours that detainees can legally be held at police stations. The ombudsman concluded that the prolonged detention violated his rights and called for his immediate transfer to the Mennoyia Detention Center for irregular migrants. The ombudsman’s investigation did not examine the reasons for his deportation. ACCEPT protested his deportation in a press release September 9, asserting that authorities had followed irregular proceedings in breach of due process and violated the victim’s rights.

ACCEPT reported police routinely declined to investigate violence against LGBTI individuals as possible hate crimes. According to ACCEPT, police inaction discouraged LGBTI individuals from reporting complaints. The NGO reported two known attacks during the year against LGBTI individuals. On March 7, two young transgender individuals were attacked by a gang of seven hooded persons while leaving a party in Nicosia. The victims were hospitalized but did not report the attack to the medical personnel, or the police, and instead said that they fell down the stairs.

There were reports of employment discrimination against LGBTI applicants (see section 7.d.).

ACCEPT reported that transgender persons undergoing hormone replacement therapy experienced discrimination in access to health care following the introduction of the new national universal health insurance system in June 2019. The NGO reported that the same category of LGBTI individuals faced increased difficulties accessing hormone treatment due to the COVID-19 lockdown.

The law criminalizes incitement to hatred or violence based on sexual orientation or gender identity.

HIV and AIDS Social Stigma

In 2018 the president of the HIV-Positive Persons Support Center stated that HIV-positive persons faced prejudice in employment both in the private and public sector as well as from society and their own families, largely due to lack of public awareness. Activists complained that raising public awareness of this problem was not a government priority and reported that even medical staff at hospitals were prejudiced and reluctant to examine HIV-positive individuals.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions, strike, and bargain collectively with employers. Both antiunion discrimination and dismissal for union activity are illegal.

The law requires labor unions to register with the registrar of labor unions within 30 days of their establishment. Persons convicted for fraud-related and immoral offenses are not allowed to serve as union officials. Unions’ accounts and member registers can be inspected at any time by the registrar. An agreement among the government, labor unions, and employers’ organizations established the procedure for dispute resolution for essential services personnel.

The government generally enforced applicable laws, and resources and investigations were adequate in the formal sector. Administrative procedures were efficient and immediate, but judicial procedures were subject to delays due to a case backlog. Penalties for violations, which occurred primarily in the informal sector, were not commensurate with those for other similar civil rights violations. Violations rarely occurred in the formal sector.

The government generally protected the right of unions to conduct their activities without interference, and employers generally respected the right of workers to form and join independent unions and to bargain collectively. Although collective agreements are not legally binding, they are governed by a voluntary agreement between the government and employer organizations. Unions, employers, and employees effectively observed the terms of collective bargaining agreements. Workers covered by such agreements were employed predominantly in the larger sectors of the economy, including construction, tourism, health care, and manufacturing.

Private-sector employers were able to discourage union activity in isolated cases because of sporadic enforcement of labor regulations prohibiting antiunion discrimination and the implicit threat of arbitrary dismissal for union activities.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The penalties were not commensurate with those for other serious crimes. The government did not effectively enforce the law, and forced labor occurred. Inspections of the agricultural and domestic service sectors remained inadequate, and resources at the Department of Labor Inspections within the Ministry of Labor were insufficient.

Forced labor occurred primarily in agriculture and in domestic work. Foreign migrant workers, children, and asylum seekers were particularly vulnerable, according to NGOs. Employers reportedly forced foreign workers, primarily from Eastern Europe and East and South Asia, to work up to 15 hours a day, seven days a week, for very low wages and in unsuitable living conditions. From January to September 2019, police identified six victims of labor trafficking. Some employers reportedly retained a portion of agriculture workers’ salaries as payment for accommodations, in violation of the law. In one example police arrested a 68-year-old retired police officer in July after videos posted on social media recorded by his foreign domestic worker indicated that he physically assaulted and terrorized her. Police charged him with trafficking in persons, labor exploitation, and other serious offenses. He was initially released on bail and then rearrested two weeks later after police found new evidence against him. The domestic worker was identified as a victim of trafficking and was transferred to the government shelter. A trial began September 28.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the employment of children, defined as persons younger than 15, except in specified circumstances, such as combined work-training programs for children who are at least 14, or employment in cultural, artistic, sports, or advertising activities, subject to rules limiting work hours. The law prohibits night work and street trading by children. The law permits the employment of adolescents, defined as persons ages 15 through 17, subject to rules limiting hours of employment and provided it is not harmful or dangerous. The law prohibits employment of adolescents between midnight and 4 a.m. The minimum age for employment in industrial work is 16. The government effectively enforced the law, and penalties for violations were commensurate with those for other serious crimes.

Ministry of Labor and Social Insurance inspectors were responsible for enforcing child labor laws and did so effectively. The Social Welfare Services Department of the ministry and the commissioner for the rights of the child could also investigate suspected cases of exploitation of children at work.

d. Discrimination with Respect to Employment and Occupation

The law prohibits direct or indirect discrimination with respect to employment and occupation based on race, national origin or citizenship, sex, religion, political opinion, gender, age, disability, and sexual orientation. The government did not effectively enforce these laws or regulations and penalties for violations were not commensurate with those for other civil rights laws. Discrimination in employment and occupation occurred with respect to race, gender, disability, sexual orientation, and HIV-positive status.

Despite a strong legal framework, the Ministry of Labor and Social Insurance’s enforcement of the law governing employment and labor matters with respect to women was ineffective. The law requires equal pay for equal work. Women experienced discrimination in such areas as hiring, career advancement, employment conditions, and pay. European Institute for Gender Equality data indicated the average pay gap between men and women was 13.7 percent in 2017. NGOs reported the relatively small overall gender pay gap masked significant vertical and occupational gender segregation. The ombudsman reported receiving complaints related to gender discrimination and sexual harassment in the workplace.

Discrimination against Romani migrant workers occurred. Turkish Cypriots faced social and employment discrimination (see section 6).

e. Acceptable Conditions of Work

Although there is no national minimum wage, there are minimum wages for groups deemed vulnerable to exploitation. The minimum wages for shop assistants, clerks, assistant baby and child minders, health-care workers, security guards, cleaners of business premises, and nursery assistants were above the poverty line. The Ministry of Interior established a minimum wage for foreign domestic workers that was well below the poverty line.

Collective bargaining agreements covered workers in almost all other occupations, including unskilled labor. The wages set in these agreements were significantly higher than the poverty level.

Foreign workers were able to claim pensions, and some bilateral agreements allowed workers to claim credit in their home countries. The Migration Service was responsible for enforcing the minimum wage for foreign workers but did not effectively do so.

The legal maximum workweek is 48 hours, including overtime. The law does not require premium pay for overtime or mandatory rest periods. The law stipulates that foreign and local workers receive equal treatment. The Department of Labor Relations within the Ministry of Labor and Social Insurance is responsible for enforcing these laws. The penalty for violating the law was commensurate with those for similar crimes, but laws for wages and hours were not adequately enforced. Labor unions reported enforcement problems in sectors not covered by collective agreements, such as small businesses and foreign domestic workers. They also reported that certain employers, mainly in construction and agriculture, exploited undocumented foreign workers by paying them very low wages.

The law protects foreign domestic workers who file a complaint with the Ministry of Labor and Social Insurance from deportation until their cases have been adjudicated. The Department of Labor Relations reported that from January to December 10, it received 421 complaints from migrant workers against their employers. Of those, 406 were examined by year’s end.

The ombudsman continued to receive complaints from foreign domestic workers concerning the conditions of their employment and authorities’ handling of their requests to change employers. The ombudsman issued a report in November 2019 evaluating the government’s policies on foreign domestic workers. The report noted in particular domestic workers’ high dependence on their employers, combined with the lack of consequences for employers that violate the terms of the employment contract or physically abuse the employee, prevented domestic workers from filing complaints. Domestic workers also feared deportation. A domestic worker’s residence permit can be cancelled at the employer’s request in the event the employer files a complaint with the police about theft regardless of whether the alleged crime was investigated or proved. Some domestic workers complained their employers or employment agencies withheld their passports. The ombudsman’s report also noted that the lack of action by authorities to stop the practice encourages employers and employment agencies to continue to illegally hold domestic workers’ passports. NGOs reported many foreign domestic workers remained reluctant to report contract violations by their employers for fear of losing their jobs and, consequently, their work and residency permits. NGOs reported Department of Labor and police skepticism of complaints about sexual harassment and violence discouraged domestic workers from submitting complaints.

Occupational safety and health standards were appropriate for the main industries and the responsibility for identifying unsafe situations remains with safety and health experts. The Department of Labor Inspection in the Ministry of Labor and Social Insurance is responsible for enforcing health and safety laws. Workers have the right to remove themselves from situations that endanger health or safety without jeopardy to their employment, but authorities did not effectively protect employees in these situations. Authorities enforced health and safety laws satisfactorily in the formal sector but not in the informal sector, which included approximately 8.5 percent of workers. The penalties for failing to comply with work safety and health laws were commensurate with those of other similar crimes.

The Ministry of Labor employed an insufficient number of inspectors to effectively enforce labor laws in the agricultural sector and in the informal economy, where the majority of employees were migrant workers and undocumented workers. Inspectors had the authority to make unannounced inspections and initiate sanctions in most industries but were not allowed to inspect the working conditions of domestic workers in private households without a court warrant. Four major industrial accidents occurred during the year that caused death or serious injury of workers.

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

There were no reports the government or its agents committed arbitrary or unlawful killings. The General Inspection of Security Forces (GIBS) or military police investigate whether security force killings were justifiable and pursue prosecutions.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits torture and other cruel and inhuman treatment. The Office of the Public Defender of Rights (ombudsperson) called for an amendment to the criminal code to extend this prohibition to “degrading treatment” as well.

In its annual report, the ombudsperson recommended that: physical examinations in prisons, detention, and police stations be conducted without the presence of law enforcement officials, where possible; physicians’ reports include any observed links between the injuries or condition and possible mistreatment by the officials; and mandatory reporting by physicians include any observed mistreatment to authorities.

In May 2019 the Council of Europe’s Committee for the Prevention of Torture (CPT) reported problems in specific areas related to detention, including the practice of surgical castration of sex offenders as a condition for parole. Problems noted by the CPT and the ombudsperson persisted during the year, including occasional reports of excessive use of power by police (e.g., kicking and unduly tight handcuffing), especially during arrests; incidents of verbal abuse of a racist or xenophobic nature, and the practice of handcuffing persons to fixed objects in certain circumstances.

In 2017 GIBS charged two police officers with felonies for torturing a handcuffed Romani man and forcing him to confess to a crime he did not commit. Both officers were suspended from service and charged with abuse of power and extortion. One of the officers committed suicide in 2018. A district court found the other police officer guilty in February and assessed a financial penalty and one year in prison if the penalty was not paid. In April a higher court overturned the district court’s judgment on the grounds that vulgar threats and slaps in the face do not constitute torture but rather disciplinary oversteps. The Police Presidium initiated a disciplinary procedure to address the misconduct. No special measures were adopted by the police to limit the handcuffing practices raised by the CPT; however, extensive training was provided.

Impunity was not a significant problem in the security forces.

Prison and Detention Center Conditions

High prison populations, overcrowding, poor sanitary conditions in some prisons, mistreatment of inmates, lack of medical staff, and generally unsatisfactory conditions for inmates with physical or mental disabilities remained the main concerns during the year.

Physical Conditions: Prison overcrowding improved but remained a problem. Facilities for male prisoners were at almost 101 percent of capacity in the first eight months of the year, a slight decrease from 2019. Observers noted the change was due to an increased use of alternative punishments, such as financial penalties and house arrests. Several prisons, however, remained at more than 120 percent of capacity.

According to the Prison Service, there were 40 deaths in prisons and detention facilities in 2019, the same as in 2018. Authorities ruled 11 deaths were suicides, and the remaining deaths remained under investigation.

The ombudsperson reported that conditions for convicts with physical or mental disabilities remained unsatisfactory. The ombudsperson also noted continued inadequate prison health care standards due to the lack of medical personnel.

Administration: Public prosecutors are responsible for regular prison visits, which the ombudsperson cited as a useful tool for monitoring conditions. The ombudsperson investigated credible allegations of inhuman conditions and made random checks.

Independent Monitoring: The government permitted independent monitoring of prison conditions by local and international human rights groups, including the CPT, and by media. Monitoring was conducted less regularly in 2020 due to the restrictive measures imposed to prevent the spread of COVID-19.

Improvements: Several educational, psychological, and sociological programs were successfully introduced in detention centers and prisons. The Ministry of Justice reported success piloting an “open” prison facility without cells as well as house arrests with the use of electronic bracelets. Despite a generally high prevalence of recidivism, only 3 percent of prisoners who were discharged from an “open” prison facility returned to prison. Children remained with their families in one facility for irregular migrants but were able to leave the facility when accompanied by staff.

Following the May 2019 CPT report, the government committee against torture adopted a resolution to address several specific areas, such as insufficient health care in state-run facilities and insufficient numbers and training of prison staff.

The Prison Service established a transparent system for relocating convicts to prisons closer to their homes. Relocation was not always possible, however, due to overcrowding and preventative measures related to the COVID-19 pandemic.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of their arrest or detention in court. The government generally observed these requirements.

Arrest Procedures and Treatment of Detainees

In most cases, police use judicial warrants to arrest individuals accused of criminal acts. Police may make arrests without a warrant when they believe a prosecutable offense has been committed, when they regard arrest as necessary to prevent further offenses or the destruction of evidence, to protect a suspect, or when a person refuses to obey police orders to move.

Police must refer individuals arrested on a warrant to a court within 24 hours. A judge has an additional 24 hours to decide whether to continue to hold the individuals. For suspects arrested without a warrant, police have 48 hours to inform them of the reason for the arrest, question them, and either release them or refer them to a judge who must decide within 24 hours whether to charge them. Authorities may not hold detainees for a longer period without charge.

The law provides for bail except in cases of serious crimes or to prevent witness tampering. A defendant in a criminal case may request a lawyer immediately upon arrest. If a defendant cannot afford a lawyer, the government provides one. The court determines whether the government partially or fully covers attorney’s fees. Authorities generally respected these rights.

e. Denial of Fair Public Trial

The law provides for an independent judiciary, and the government generally respected judicial independence and impartiality. In most instances authorities respected court orders and carried out judicial decisions.

In December police detained and charged Prague High Court judge Zdenek Sovak for allegedly accepting bribes in exchange for influencing cases. Media reported that Sovak sought 50 million crowns ($2.2 million) from construction company Metrostav and smaller amounts in other cases. The matter remained underway.

In July the disciplinary panel of the Supreme Administrative Court found Prague judge Alexander Sotolar guilty of misconduct for falsifying court records. Despite the justice minister’s recommendations, Sotolar was not removed from the bench, which was widely criticized by observers and respected lawyers.

In September 2019 Prague High Court judge Ivan Elischer was taken into custody for the second time for attempting to influence witnesses. In 2018 he was accused of taking bribes, abuse of power, and preferential treatment in serious drug cases. Elischer allegedly accepted a bribe of one million crowns ($43,500) in a drug crimes trial. The court case remained underway.

Nongovernmental organizations (NGOs) focusing on domestic violence law issues reported that the judges’ lack of expertise in relevant law and the absence of continuing legal education requirements led to insufficient knowledge of new legal provisions governing cases and the specifics of complex cases. Judges are subject to disciplinary procedures for misinterpreting or misapplying the law, but cases affected by these errors were rarely dismissed on those grounds.

Trial Procedures

The law provides for the right to a fair and public trial, and an independent judiciary generally enforced this right.

Defendants enjoy the right to a presumption of innocence and to receive prompt and detailed information about the charges against them. They have the right to a fair and public trial without undue delay, to be present at their trial, and to communicate with an attorney of their choice or have one provided at public expense if they are unable to pay. They generally have adequate time and facilities to prepare a defense and have the right to free interpretation as necessary from the moment they are charged through all appeals. Defendants have the right to confront the prosecution or plaintiff witnesses and present their own witnesses and evidence. They cannot be compelled to testify or confess guilt. Convicted persons have the right to appeal; however, the procedures were sometimes lengthy.

An amendment to the criminal procedure code, which came into effect on October 1, obligates the state, instead of the perpetrator, to reimburse legal aid for victims. NGOs viewed the amendment as a significant improvement for victims.

NGOs reported that criminal investigations, trials, and other related procedures were significantly delayed by the closures of institutions due to the COVID-19 pandemic.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

The constitution provides for a separate, independent judiciary in civil matters and for lawsuits seeking remedies for human rights violations. Available remedies include monetary damages, equitable relief, and cessation of harmful conduct. NGOs reported increased coherence between criminal and civil procedures that simplified the process for victims, although remedies and relief still required a lengthy legal process and were difficult to obtain, particularly for members of disadvantaged groups such as the Romani minority or trafficking victims. Plaintiffs may appeal to the European Court of Human Rights unfavorable rulings that involve alleged violations of the European Convention on Human Rights. Administrative remedies are also available; however, many victims of violence did not seek remedies in civil courts following criminal trials because civil procedures require facing the perpetrator and recounting traumatic experiences.

The law recognizes children, persons with disabilities, victims of human trafficking, and victims of sexual and brutal crimes as the most vulnerable populations. It lists the rights of crime victims, such as to claim compensation and access to an attorney.

Property Restitution

The government has laws and mechanisms in place for some restitution of private and religious property confiscated during Nazi occupation or the Communist era, but challenges remained, especially for claimants who do not have Czech citizenship. Areas posing significant issues include the disposition of heirless property and complex cases involving non-Czech citizens. Although it was still possible during the year to file claims for artwork confiscated by the Nazis, the claims period for other types of property had expired.

The Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 29, 2020, can be found on the Department’s website at https://www.state.gov/reports/just-act-report-to-congress/.

By law religious groups receive an annual installment of the total sum of 59 billion crowns ($2.6 billion) to be paid over a 30-year period in compensation for property seized during communism that cannot be returned.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law prohibits such actions, and there were no reports the government failed to respect these prohibitions.

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression. The law provides for some limitations to this freedom, including in cases of hate speech, Holocaust denial, and denial of Communist-era crimes.

Freedom of Speech: The law prohibits speech that incites hatred based on race, religion, class, nationality, or other group affiliation. It also limits the denial of the Holocaust and Communist-era crimes. Individuals who are found guilty can serve up to three years in prison. The law is also applied to online, print, and broadcast media.

Appellate courts in two separate cases confirmed convictions of two men who posted online comments praising the 2019 fatal terrorist attack at a mosque in Christchurch, New Zealand. One man received a 30-month suspended sentence with a four-year probationary period. The other man received a three-year suspended sentence with a five-year probationary period.

The ombudsperson conducted a survey of 2016-19 case law concerning hate speech. The results indicated an increase in online hate speech and resort to courts, with one-third of the country’s courts encountering hate speech cases. Some 60 percent of cases involved attacks on groups of individuals based on nationality, ethnicity, skin color, religion, or sexual orientation, and the remaining cases involved hate speech against a specific person or a group. Roma and Muslims were the victims in 49 percent and 23 percent of decisions, respectively. Men committed 94 percent of underlying incidents, and 83 percent took place on Facebook. More than 90 percent of perpetrators were convicted in trial court proceedings. The most frequent punishment was a suspended sentence averaging 10 months or a fine.

Freedom of Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views. President Zeman, his spokesperson, and parties on the far right and left publicly alleged bias in both public and private media outlets. The Freedom and Direct Democracy Party and the Communist Party openly sought to appoint politically polarizing figures to public media supervisory boards, raising concerns they were attempting to violate the political neutrality of these institutions. Parliament appointed six new members (out of 15) to the Czech Television Council. Observers raised concerns over the impartiality of some of the new members based on their public remarks skeptical of the need for independent media.

The law prohibits elected officials from controlling media properties while in office. Prime Minister Babis, who owned two prominent newspapers and other media outlets, placed the ownership of his media assets in a trust fund in 2017. Observers, however, maintained that this measure did not insulate media from the influence of the current government. In 2018 Transparency International (TI) lodged an administrative complaint arguing that Babis still controlled media assets. The regional government office reviewing the administrative complaint rejected TI’s argument. The supreme public prosecutor declined TI’s request to review the decision.

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports the government monitored private online communications without appropriate legal authority.

The law prohibits, among others, speech that denigrates a nation, race, ethnic, or other group of persons; incites hatred toward members of a group or advocates the restriction of their civil rights; and publicly denies, questions, endorses, or vindicates genocide.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events.

In June the Supreme Administrative Court upheld a lower court’s rulings on the limits of President Zeman’s role in appointing professors to Charles University. By refusing to appoint two professors in 2015 and 2018, the court ruled that Zeman had overstepped his constitutional authority. Zeman has so far not complied with the ruling, which requires him to act on the nominations without further delay.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, and the government generally respected these rights.

c. Freedom of Religion

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

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

From March to May, the government imposed a state of emergency due to the COVID-19 pandemic, with restrictions on freedom of movement inside the country and travel abroad. The government lifted the restrictions on travel abroad at the end of April and incrementally eased restrictions on internal movement as the pandemic eased.

Foreign nationals who were physically present in the country during the spring state of emergency were exempt from enforcement related to their immigration or residency status and were allowed to remain in the country up to 60 days after the expiration of the state of emergency.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations to provide protection and assistance to refugees, asylum seekers, stateless persons, or other persons of concern.

Abuse of Migrants, Refugees, and Stateless Persons: Acts of physical intimidation and vandalism remained serious concerns. NGOs focusing on migration issues reported continued telephone and email threats (see section 6, Other Societal Violence and Discrimination).

NGOs reported that some shelters in the country declined protections to migrants as a result of restrictions to address the pandemic. In one case a Syrian woman and her minor children were unable to gain access to a shelter for domestic violence survivors to escape an abusive husband or father due to COVID-19 restrictions. An NGO provided the woman and the children with housing and assistance.

The ombudsperson visited detention centers for asylum seekers in the second quarter of the year and reported “significant restrictions on rights.” Specifically, it noted that the measures imposed to prevent the spread of COVID-19 were excessive and “created an environment where individuals were treated as potential sources of infection rather than people.”

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has an established system for providing protection to refugees and other specifically endangered foreign nationals.

Under the law the Ministry of Interior should decide on asylum cases within six months if the applicant has submitted all required documents. According to the ministry, during the first eight months of the year the average length of asylum procedures was 79 days. The length of asylum procedures in 90 percent of cases met all legal requirements. In the remaining cases, asylum applicants received information about new deadlines for completing the asylum process in compliance with the law. Observers criticized the length and substance of some decisions.

The European Court of Justice ruled in April that the Czech Republic failed to fulfill obligations under the European Commission’s (EC’s) 2015 temporary mechanism for the relocation of applicants for international protection (EU Relocation Scheme). The government has maintained a strong stance against mandatory quotas.

In 2018 the Ministry of Interior granted asylum to eight Chinese Christians who applied for asylum in 2016 but rejected 70 applications by other Chinese Christians. According to ministry officials, the rejected applicants were not able to prove their claims of persecution or that their lives were in danger as practicing Christians. Most of the rejected applicants appealed the ministry’s decisions in court, and some cases were returned to the ministry for review. In November 2019, the Supreme Administrative Court stated that persecution does not have to be personal but may relate to a group and remanded the refused asylum applications to the ministry. In the meantime the ministry granted applications by two of the Chinese Christians for permanent residence and indicated it would accept similar applications for adjustment of status.

Safe Country of Origin/Transit: The country generally adheres to the Dublin III Regulation, which calls for authorities to return asylum seekers to the first EU country they entered. The Ministry of Interior accepted asylum applications from individuals arriving from or through countries deemed to be safe, as defined by law. Authorities reviewed all cases individually, but usually did not grant international protection to these applicants. There are 24 countries on the list of safe countries.

Freedom of Movement: The length of detention for illegal migrants and rejected asylum seekers was shortened due to implementing a voluntary return system. By law, migrants facing deportation may be detained for up to 180 days. If there are children accompanying the adults, detention can last no more than 90 days with no possibility of further extension. Vulnerable persons, including families, cannot be detained if they apply for international protection.

As of September there were 150 migrants in detention facilities in the country. Fourteen migrants were in a detention facility specifically designed for vulnerable groups, single women without children, and families with children. There were no forced or voluntary returns of families with minors during the year. The Ministry of Interior reported there were no displaced unaccompanied children in the country during the year.

Durable Solutions: The government generally rejected requests within the EU Relocation Scheme to accept designated numbers of refugees and asylum seekers, including a request by the Greek government to accept 40 unaccompanied children younger than age 14 from Greek refugee camps. The Ministry of Interior based its decision on alleged security concerns.

A national integration program managed by the government in close cooperation with UNHCR and NGOs continued. Under the State Integration Program, beneficiaries of international protection are entitled to temporary accommodation, social services, Czech language training, and assistance with finding employment and permanent housing. Children are entitled to school education. As of July the government provided state funding for integration centers that were previously dependent on EU funding and introduced new integration measures, effective January 2021, to provide mandatory adaptation and integration courses for foreigners.

The Ministry of Interior started its own assisted voluntary return program in 2017 and effectively used it to help 1,574 individuals return to their country of origin. As of September 1, approximately 467 individuals had been voluntarily returned to their countries of origin.

g. Stateless Persons

The Ministry of Interior reported 519 stateless persons in the country at the end of 2019. UNHCR, however, estimated there were 1,394 persons that fell under its statelessness mandate at the end of 2019. The ministry reported five stateless persons applied for international protection and that four were granted asylum or subsidiary protection in 2019. The country did not have a legal definition of statelessness or a statelessness determination procedure. Stateless persons who do not possess a permanent residency permit were not entitled to receive an identity document. The law allows stateless persons to obtain citizenship after meeting certain criteria.

The constitution and law provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: In 2018 voters re-elected Milos Zeman to a five-year term as president in the country’s second direct presidential election. The country held elections for seats in the Chamber of Deputies in 2017. Elections for one-third of the seats in the Senate were held in two rounds on October 2-3 and October 9-10. Observers considered all elections free and fair, and there were no reports of significant irregularities.

Participation of Women and Members of Minority Groups: No laws limit the participation of women or members of minority groups in the political process, and they did participate. Participation by women and minority groups in elected bodies remained low in comparison to their estimated percentage of the population. Four out of 15 government ministries were headed by women. Women made up 23 percent of the Chamber of Deputies and 15 percent of the Senate.

Romani participation in politics and governance remained minimal in comparison to their estimated percentage of the population. There were no Romani members of parliament, cabinet ministers, or Supreme Court judges. There were some Romani appointees to national and regional advisory councils dealing with Romani affairs. Roma were elected to 13 seats (out of 62,000) in local governments in 2018 elections. They received one seat (out of 675) in regional government elections in 2020.

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. Officials sometimes engaged in corrupt practices with impunity. An offender may face up to 12 years in prison and property forfeiture. Several high-level political figures were under investigation in various regions for manipulating public contracts (e.g., the highway toll system) and abuse of official power.

Corruption remained a problem among law enforcement bodies, and the most common forms of corruption included: leaking information for payments; the unauthorized use of law enforcement databases, typically searching for derogatory information; unlawful influencing of law enforcement procedures; and blackmail.

Media outlets reported on overpriced governmental procurements of COVID-19 personal protective equipment and discrepancies in its quality. The National Control Office was investigating the matter and was expected to produce an audit late in the year.

In January new legislation came into force preventing political candidates or close acquaintances from filling positions on supervisory boards in state-owned companies.

Observers criticized the tenuous position of principal prosecutors whom, under existing legislation, the government can remove from office without cause.

In November the government approved its fifth Open Government Partnership action plan which contains five commitments: anonymizing online publication of lower court decisions, implementing whistleblower protections, providing open data to enable public monitoring of the quality of education, increasing civil society participation in government processes, and increasing online transparency on the use of public funds.

Corruption: In October the Senate passed a resolution declaring Prime Minister Andrej Babis to be in conflict of interest due to his ownership of Agrofert, a recipient of EU subsidies, while serving in senior government positions. Babis placed his Agrofert shares into trust funds in 2017. The EC finalized its audit of structural funds and delivered the final report to the government in December. The government must respond within three months of the receipt. A final EC report on a parallel audit of EU agricultural subsidies is expected at the beginning of 2021.

In a separate case, Supreme Prosecutor Pavel Zeman compelled a lower-level prosecutor to reopen criminal proceedings in December 2019 to review allegations that Prime Minister Babis had improperly received investment subsidies from the EU for a development project. Babis allegedly temporarily transferred the Stork’s Nest conference complex from his Agrofert conglomerate to family members in order to qualify for the EU subsidies. The case was pending at the end of the year.

A trial against a group of public officials from the Brno area commenced in September. The officials were charged with corruption and manipulation of public contracts amounting to 47 million crowns (two million dollars).

Financial Disclosure: Public officials’ asset disclosures are available on the internet in a limited form or by request submitted to the Ministry of Justice. The ministry may impose penalties of up to 50,000 crowns ($2,000) for noncompliance, but many politicians either did not comply or only partially fulfilled their obligation. The law also requires judges, prosecutors, directors of research institutions, and selected professional army personnel to disclose their assets. Their information is not available to the public for security reasons. The Constitutional Court ruled in March that financial disclosures of local politicians may also be withheld from the public on privacy grounds.

An amendment to the Free Access to Information Law that introduced new measures to strengthen citizens’ right to information came into force in January. Under the new law, citizens can request a higher-ranking office to compel a subordinate office to provide requested information, absent grounds for refusal. The Office for Personal Data Protection has the right to issue similar orders and to review decisions not to provide information.

In August the Prague Municipal Court ruled that the Office of the President must publish salaries of its key employees after the Supreme Administrative Court asked the court to review its initial decision. The Supreme Administrative Court stated that the case was a clear example of the right to information taking precedence over the right to privacy.

Observers reported that a 2019 amendment to the Registry of Public Contracts law was not effectively implemented. The amendment partially canceled exceptions for major state-owned companies, such as Czech Energy Company, Czech Railways, and Prague Gas Company, and introduced an obligation to publish all private and grant contracts or repayable financial assistance in the registry. The registry is available to the public.

A variety of domestic and international human rights groups generally operated without governmental restriction, investigating and publishing their findings on human rights cases. Government officials were often cooperative and responsive to their views, although some politicians disparaged NGOs in public remarks.

Government Human Rights Bodies: The Office of the Government has a commissioner for human rights as well as several advisory and working-level bodies related to human rights, including the Government Council for Human Rights, the Council for Roma Minority Affairs, the Council for National Minorities, and the Board for Persons with Disabilities. The Governmental Council for Coordination of the Fight against Corruption was placed under the Ministry of Justice, and the Agency for Social Inclusion was placed under the Ministry of Regional Development.

The ombudsperson (public defender of rights) operated without government or party interference and had adequate resources. The ombudsperson’s office issued quarterly and annual reports to the government on its activities in addition to reports and recommendations on topics of special concern.

Human rights observers generally regarded the office of the ombudsperson as effective. The new ombudsperson elected in March, however, was widely criticized by NGOs, the Romani community, and some politicians who contended the ombudsperson had publicly downplayed the extent of discrimination faced by Roma and other minorities. The ombudsperson also stated that the protection of human rights was not among the functions of his office. Many observers called for the establishment of an independent institute for human rights. In addition to the public defender of rights, the country has ombudspersons for security forces and for education.

Women

Rape and Domestic Violence: The law prohibits rape, including spousal rape, and provides a penalty of two to 10 years in prison for violations, with longer sentences in aggravated circumstances. The government did not consistently enforce the law effectively.

Observers reported prosecutors and judges in rape cases often lacked knowledge on the subject and cited a shortage of experienced judicial experts. Demanding criminal procedures required repeated victim testimonies that contributed to their further traumatization. Penalties were often too low, and only half of all sentences included prison time.

NGOs and attorneys reported that an increasing number of victims of sexual violence did not meet the legal definition of a “particularly vulnerable victim,” attributing it to the court’s interpretation of the term. Victims were consequently not entitled to benefits such as free legal representation in courts. Victims of sexual violence were insufficiently shielded from “secondary or tertiary victimization,” which includes exposing them to attackers and asking about prior sexual history. In court proceedings, victims of sexual violence had the burden of proving lack of consent. Perpetrators of spousal rape, including brutal attacks, were frequently given inadequate sentences, including probation.

In July a regional court confirmed a lower court’s June decision that a victim of domestic violence did not qualify as a “particularly vulnerable victim” and therefore did not receive free legal representation. Her partner had repeatedly physically attacked her, choked her, and threatened her with a knife. The court based its decision on the victim’s financial means, ability to seek help, and a lack of evidence that she was at risk of secondary harm.

Domestic violence is punishable by up to four years in prison, with longer sentences in aggravated circumstances. Police have the authority to remove violent abusers from their homes for 10 days. The law states a removal order can remain in effect for a total of up to six months, including extensions. The Ministry of Interior reported police removed 1,256 offenders from their homes in 2019.

The law also provides protection against domestic violence to other individuals living in the household, especially children and seniors. The government supported a widely used hotline for crime and domestic violence victims.

In July, Charles University and several NGOs issued a survey evaluating the impact on domestic violence of the restrictive measures imposed in the spring due to COVID-19. The survey concluded the government failed to respond to the increased number of cases. NGOs reported that courts adjourned most of the proceedings related to domestic violence and sexual abuse while they continued to process other, less serious, cases. The survey noted that NGOs filled the gap and introduced new online services, virtual consultations, and other support measures to assist the increased cases of domestic violence unaddressed by the government.

In February the Vodafone Foundation, police, and the NGO Rosa fully launched a new mobile application, Bright Sky CZ. The application enables endangered persons to document incidents of domestic violence and provides a list of nearby domestic violence support services. It also serves as a resource for family and friends to help those suffering from abuse. In the first five months, 1,300 persons downloaded the application, and users submitted more than 500 questionnaires regarding their safety (in 270 cases the questionnaire was done by a third person regarding a potential victim).

NGOs reported an increase in calls to domestic violence hotlines during the spring COVID-19 lockdown. Some attributed the increase to the rise in domestic violence during the COVID-19 related state of emergency, with some NGOs reporting up to a 40 percent increase in their workloads or clients. Others attributed the increase in calls to the fact that in-person assistance was not possible during the state of emergency. Police data did not reflect an increase in domestic violence, but many NGOs attributed this to the limited work of police officers during the state of emergency.

Sexual Harassment: The antidiscrimination law prohibits sexual harassment and treats it as a form of direct discrimination. If convicted, penalties may include fines, dismissal from work, and up to eight years in prison. Police often delayed investigations until the perpetrator committed serious crimes, such as sexual coercion, rape, or other forms of physical assault.

Offenders convicted of stalking may receive sentences of up to three years in prison.

Reproductive Rights: Couples and individuals in most cases had the right to decide the number, spacing, and timing of their children. Most had access to the information and means to do so, free from discrimination, coercion, or violence. The government does not allow women access to artificial insemination (e.g., using the cells of an anonymous donor) without the written consent of their partner, and medical providers can only use artificial insemination for opposite-sex couples. Unmarried persons, persons who do not have consent from a partner, and LGBTI persons are therefore ineligible to receive treatment. Some observers reported that Roma faced obstructions in access to health care in general, including to reproductive health care.

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. Transgender individuals must undergo sterilization to obtain a sex change or receive legal gender recognition.

Discrimination: The law grants men and women the same legal status and rights, including under family, religious, personal status, labor, property, nationality, and inheritance laws. Women sometimes experienced employment and wage discrimination (see section 7.d.).

Observers criticized measures implemented under the first COVID-19 state of emergency that prevented persons other than medical personnel from attending childbirths, on the grounds that it was an infringement on the parental rights of fathers and the rights of birthing women to have help and support.

Children

Although the number of children growing up in institutions has declined, the numbers were still very high. Observers criticized the length of foster care proceedings, the rising number of social work cases involving abuse or mistreatment, the lack of public housing, and difficulty accessing adaptive equipment for children with disabilities. Observers also criticized the lack of effective tools for identifying child victims in a timely manner. The lack of a centralized regulatory body or coordinated interministerial approach to child issues slowed the reform process.

In November the Council of Europe’s European Committee of Social Rights criticized the country for the extensive and discriminatory placement of disabled and Romani children in institutional care, such as infant homes for small children. According to their findings, the problem concerned hundreds of children younger than age three, mainly from low-income families.

Birth Registration: Children derive citizenship from their parents. Any child with at least one citizen parent is automatically a citizen. Children born to noncitizens, such as asylum seekers or migrants, retain their parents’ citizenship. Authorities registered births immediately.

Child Abuse: Prison sentences for persons found guilty of child abuse range from five to 12 years.

The Ministry of Labor and Social Affairs registered approximately 2,500 cases in which children experienced family violence. NGOs estimated 40,000 children experience some form of violence each year.

During the spring COVID-19 state of emergency, the government placed strict restrictions on the freedom of movement, subject to few exceptions such as procurement of food and medical services. In June the Children Crisis Center reported a twofold increase during the first half of the year in reported child abuse, including sexual violence. The center attributed the increase to social isolation, financial and psychological consequences of the pandemic and related restrictions, and the inability of children and families to access other assistance. In one case an abusive family member was returned to the household after his adult daughter asked for his removal because the emergency services could not place him in an open shelter or available housing.

Media reported several cases of child abuse that resulted in deaths, including several infants. Most deaths resulted from physical abuse by stepfathers or partners of mothers and involved substance abuse or mental health issues. Observers called for the establishment of a committee that would examine deaths of children and propose recommendations on systemic preventive measures. NGOs also called for increased support and funding to government agencies that provide legal assistance and social services to children.

In its annual report, the ombudsperson reported that facilities for short-term care of children in emergency situations were often used for unintended long-term housing, lacked expert psychological assistance for children, and did not communicate sufficiently with the children’s families.

Child, Early, and Forced Marriage: The minimum legal age for marriage is 18. Some members of the Romani community married before reaching legal age. The law allows for marriage at the age of 16 with court approval; no official marriages were reported of anyone younger than 16.

Sexual Exploitation of Children: The law prohibits commercial sexual exploitation of children and the possession, manufacture, and distribution of child pornography, which is punishable by imprisonment for up to eight years. The minimum age for consensual sex is 15. Sexual relations with a child younger than 15 is punishable by a prison term of up to eight years, or more in the presence of aggravating circumstances. The law prohibits all forms of trafficking and prescribes punishments of two to 10 years in prison for violations, with longer sentences in the presence of aggravating circumstances. These laws were generally enforced.

In February a documentary film, In the Net (V siti), premiered that followed online and in-person interactions between actresses posing as underage girls and real-life sexual predators and gained significant media attention. In the 10 days after they created three fake personal social media accounts, a total of 2,458 men contacted the women posing as underage girls. As a result of the film, police initiated nine criminal investigations on charges for illicit contact with a child, endangering the morals of a child, or possession of child pornography. The perpetrators were between the ages of 21 and 62; none had a prior criminal history. At least four men were convicted and received suspended sentences. One man had threatened to rape one of the actresses–who was posing as a 12-year-old–and attempted to blackmail her by posting her nude photos on social media. His case drew significant media coverage in November when he reached a plea agreement reducing the potential maximum sentence of 12 years to a three-year suspended sentence with five years’ probation.

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 were approximately 10,000 Jews in the country. Public expressions of anti-Semitism were rare, but small, fairly well organized right-wing groups with anti-Semitic views were active. The Ministry of Interior continued to monitor the activities of extremist groups and cooperated with police from neighboring countries as well as the local Jewish community.

The Ministry of Interior recorded 23 criminal offenses related to anti-Semitism in 2019. The Federation of Jewish Communities reported 697 incidents with anti-Semitic motives in 2019, of which 95 percent were cases of hate speech on the internet. Police investigated the publisher of a Czech translation of an anti-Semitic book for children written by a German author in 1938.

In July the government approved the 2020 Counter Extremism and Hate Crime Strategy that emphasized communication, prevention, and education to curb extremism and combat hostility of radicals. The strategy also addressed extremism and hate crimes on the internet.

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 ombudsperson acted as a mediator in most cases, and a small number of cases were prosecuted in the courts. Persons with disabilities continued to face a shortage of public social accommodations as well as accommodation on the market. Economic growth and measures to increase employment opportunities for persons with disabilities led to a significant decrease in the number of unemployed persons with disabilities, although the COVID-19 pandemic slowed that trend.

According to law, only children with significant disabilities should attend segregated schools with specially trained teachers. The government took steps that limited access of children with disabilities to educational support, including teaching assistants, citing budgetary constraints. A legal challenge to the changes was pending. Many children with disabilities were able to attend mainstream primary and secondary schools and universities, but funding for additional educational support such as teaching assistants and equipment remained insufficient.

In October an NGO published a report based on a survey of 335 Czech organizations that work with persons with disabilities. In the previous three years, 52 percent of the organizations encountered at least one case of violence against a person with disabilities, and one-third encountered violence based on prejudice. The organizations stated that many cases of violence against persons with disabilities were not reported; 18 percent of respondents stated that either they or their colleagues had previously been attacked in connection with their work. Respondents reported a broad range of prejudicial violence, including verbal insults and humiliation by strangers in public places; harassment and bullying in the school, workplace, and neighborhoods; and robbery, extortion, and physical assaults by family members or friends. Perpetrators included nurses in caretaker facilities, special education teachers, and state employees.

The NGO report cited a case in which a man at a train station attacked an adult who had a mild mental disability and visual impairment associated with difficulty in expression and poor spatial orientation. The perpetrator called the victim insulting names evoking the victim’s disabilities, filmed the attack on his cell phone, and made derogatory comments against persons with disabilities in general.

In July the government approved its National Plan for the Promotion of Equal Opportunities for Persons with Disabilities for 2021-2025.

The ombudsperson’s office is a monitoring body under the UN Convention on the Rights of Persons with Disabilities. In September the office held the first meeting of a newly established advisory body for persons with disabilities. The ombudsperson visited governmental and private workplaces employing incarcerated or institutionalized persons, including persons with disabilities, to examine conditions, assure respect for fundamental rights, and advocate for improved protection against mistreatment. The ombudsperson criticized the lack of accommodations for disabilities in the railroad industry and assisted on cases in that field. The ombudsperson also criticized the lack of guide dog access laws.

The ombudsperson reported in October that courts had addressed 19 cases of discrimination based the grounds of disability from 2015 to 2019, in which the ombudsperson participated in 14. The cases alleged discrimination in employment, education, medical care, accessibility, and social inclusion. Plaintiffs sought and were entitled to various forms of relief, including monetary penalties and injunctions. The ombudsperson highlighted that the cases resulted in a number of positive outcomes, including recognition that HIV infection is a “physical disability”; judgments in favor of a man who was denied an apartment because of visual impairment and a child who was denied education because of an autism diagnosis; and an extension of the right of parents of a deceased girl with disabilities to file a complaint.

According to the Office of the Government, ministries were not complying with the law requiring companies and institutions with more than 25 employees to have 4 percent of staff be persons with physical disabilities. Instead of employing persons with disabilities, many companies and institutions either paid fines or bought products from companies that employed persons with disabilities, a practice that the National Disability Council and the ombudsperson criticized.

The ombudsperson reported 32 percent of proven discrimination cases from 2009 to 2019 were due to disabilities.

In 2019 a district court in Ceske Budejovice agreed with the ombudsperson that a teacher with a visual impairment was the victim of discrimination by the school principal, who bullied her and ultimately attempted to terminate her employment on the grounds of disability. The court granted the teacher compensation, and the school withdrew the notice of termination. During the year the ombudsperson similarly helped a visually impaired person after an appliance vendor failed to accommodate her disability. The penalty included additional training for the vendor’s employees.

Members of National/Racial/Ethnic Minority Groups

There were approximately 300,000 Roma in the country, and many faced varying levels of discrimination in education, employment, and housing, as well as high levels of poverty, unemployment, and illiteracy. The government introduced some legal measures that were considered controversial and moved the Agency for Social Inclusion from the Office of the Government to the Ministry of Regional Development. The agency lost the capacity to coordinate work with different ministries.

Hate crimes against Roma and minorities continued to be a problem. In September a regional court in Ostrava sentenced a man to five years in prison for attacking and injuring a Romani man in a bar. The court determined that the attack was motivated purely by the victim’s ethnicity. The judgment was subject to further appeals.

Government officials noted problems faced by dozens of Romani Czechs who returned from the United Kingdom during the year, both due to COVID-19 and Brexit. The returning citizens resettled primarily in areas with heavy concentration of Roma, such as the towns of Ostrava and Usti nad Labem, and confronted a lack of housing and social assimilation problems. Anticipating that more Roma would return from the United Kingdom due to Brexit, the Ministry of Labor and Social Affairs sent a representative to Czech consular offices in the United Kingdom to assist them.

School segregation remained a problem. NGOs reported there are approximately 12 schools that are fully segregated and 70 where more than half of the pupils are Roma. Observers criticized attempts by the Ministry of Education to limit the availability of educational support and to undermine minorities’ interests by amending the implementing regulations of well received 2016 legislation promoting integrated education.

Experts noted that the Education Development Strategy 2020-2030 issued by the Ministry of Education lacks a specific action plan, funding, and delegation of responsibilities. Experts also noted that precise statistics on percentages of Romani students in public schools were missing, hindering the formulation of effective inclusion measures.

Approximately one-third of Roma lived in socially excluded communities and continued to face difficulties obtaining both public and private housing. Unemployment in these communities was 31 percent, compared with 6 percent or less in nearby areas before the COVID-19 pandemic. Some municipalities continued to use a 2017 amendment to the law addressing poverty, which reduced government housing subsidies in areas that cities designated as blighted, to push Roma and other low-income citizens into a city’s periphery. Observers reported that this tool was even used against individual families to move them from their houses. Several senators initiated a constitutional complaint and requested the Constitutional Court to annul certain provisions of the law; however, the case remained pending. A government-funded investment program focused on building new public housing units and providing social services through two projects totaling 1.35 billion crowns ($58 million) continued and was made available to more cities. The Agency for Social Inclusion continued to oppose a shipping-container housing proposal in the city of Most and provided alternate solutions for the Chanov housing division; the city continued with its program, however.

The government took steps to promote Romani culture and heritage. The Museum of Romani Culture received a property in Prague from the Ministry of Culture to serve as the site of a new cultural center. Demolition of a Communist-era pig farm at the site of a WWII concentration camp for Roma in the town of Lety was postponed due to COVID-19 pandemic, although the projected completion date of 2023 remained unchanged.

Roma were the most frequent targets of hate speech on the internet, and authorities took steps to address it. In October a regional court upheld a suspended sentence for a man who posted threatening comments on the internet under a school photo of first graders from a local school. The children were mainly Romani, Arab, and Vietnamese, and the comments suggested sending them to gas chambers. The regional court denied the appeal.

In August police brought charges against an individual for posting an online article about an apartment building fire in the town of Bohumin in which 11 persons died. The article baselessly claimed the alleged arsonist and victims were Roma and used graphic and offensive language in reference to the victims and the incident. Charges carry a maximum sentence of three years in prison.

In March a court sentenced 13 individuals to suspended penalties (up to 16 months in prison with four years’ probation) for online attacks against Romani singer Radoslav Banga. In 2016 Banga posted on Facebook that he had walked out of the Czech Nightingale music awards ceremony to protest an award given to Ortel, a band associated with the far right. In response hundreds of hate comments appeared on Facebook. One comment called for a “white homeland” and for minorities to be sent to the gas chambers.

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

Antidiscrimination laws prohibit discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons in housing, employment, and access to health care, and the government generally enforced such laws. The country does not have specific hate crime provisions covering sexual orientation and gender identity. The number of incidents of violence based on sexual orientation was low. Local LGBTI leaders stated citizens were largely tolerant of LGBTI persons but feared society tended generally to be more divided and intolerant to minority groups.

Based on a 2019 survey by the ombudsperson, 86 percent of transgender persons reported experiencing discrimination in the previous five years, compared to 58 percent of lesbian and 33 percent of gay persons. More than one-third of surveyed LGBTI persons claimed they had faced discrimination in the previous five years, which was three times higher than for the general population. Of LGBTI survey participants, 91 percent indicated they did not report incidents of discrimination to authorities because they believed the incidents were either minor or that authorities would not take action. The most common locations where discrimination against LGBTI persons occurred were at work and school.

The law on victims of crimes covers lesbian, gay, bisexual and transgender minorities, but they are not considered “particularly vulnerable persons” and are not entitled to additional legal protections, unlike children, seniors, and victims of trafficking or terrorism.

During Prague Pride Week in August 2019, an individual set fire to a rainbow flag and fired flares at visitors to Pride Village–the main site of the Prague pride activities. The perpetrator was conditionally sentenced to 10-months’ imprisonment with a probation period of five years and assessed a monetary penalty.

NGOs reported a 50 percent increase in LGBTI children and teenagers who sought help in crisis centers during the COVID-19 pandemic. NGOs attributed the increase to the inability of LGBTI youth, some of whom have not publicly come out, to connect socially and in person with their peers in the LGBTI community.

Transgender individuals are required to be sterilized to obtain a sex change or receive legal gender recognition. The Council of Europe found this practice contrary to EU member commitments on the protection of health. The ombudsperson recommended the government submit amendments to relevant laws. In May 2019 the Supreme Administrative Court ruled, contrary to the European Court for Human Rights, the sterilization requirement was legitimate. The decision was challenged in the Constitutional Court, and the case was pending.

HIV and AIDS Social Stigma

Persons with HIV and AIDS faced societal discrimination, although there were no reported cases of violence. HIV/AIDS is classified as a disability under the antidiscrimination law, which contributed to the stigmatization of and discrimination against HIV-positive individuals. Individuals with HIV and AIDS often preferred to keep their status confidential rather than file a complaint, which observers believed led to underreporting the problem. The Czech AIDS Help Society noted most insurance companies did not provide health insurance to persons with HIV and AIDS.

NGOs reported that some physicians refused to treat HIV-positive patients, and 67 percent of an estimated 3,500 HIV-positive persons in the country reported they were denied medical care at least once. Some patients were openly told that HIV was the reason for the denial. Observers were concerned that the COVID-19 pandemic may have led to reduced testing for HIV and resulted in fewer diagnoses.

Other Societal Violence or Discrimination

Observers noted violence and discrimination against NGO employees and foreigners.

Online hate attacks, including death threats, against the director of an NGO that provides legal support to hate crime victims, including different minority groups and migrants, continued in 2019 and 2020. The director received hundreds of hate emails. The perpetrator testified at court that the main motivation for his attacks was to force the director to stop devoting her time to protection of victims of hate crimes. Employees of NGOs focusing on persons with disabilities also reported verbal attacks.

NGOs actively worked to combat anti-Muslim attitudes and reported a decrease in reported incidents. In October 2019 the district court in Teplice gave suspended sentences to a couple for the 2018 attack on a Muslim woman and her husband. The couple confronted the woman and her husband in a park in Teplice with an air gun and threatened to kill them.

In April a female Muslim student from Somalia withdrew her lawsuit against her secondary medical school, which banned wearing a hijab in school. At the time of the withdrawal, the matter was pending before a trial court in Prague after the Supreme Court remanded the case, stating that religious pluralism must be respected. The plaintiff cited fears of threats and retaliation as her reasons for withdrawing the lawsuit.

a. Freedom of Association and the Right to Collective Bargaining

The law provides workers with the right to form and join independent unions of their choosing without authorization or excessive requirements. The law provides for the right to associate freely for both citizens and foreign workers. Unions are apolitical and independent of the state, and the state may not interfere in their internal affairs. The minimum number of members needed to form a union is three.

The law allows collective bargaining. It prohibits antiunion discrimination and does not recognize union activity as a valid reason for dismissal. The law requires reinstatement of workers fired for union activity. Workers in most occupations have the legal right to strike if mediation efforts fail, and they generally exercised this right.

Strikes can be restricted or prohibited in essential service sectors, including health and social care facilities, fire brigades, public utility services, air traffic control, nuclear energy, and the oil and natural gas sector. Members of the armed forces, prosecutors, and judges may not form or join trade unions or strike. Only trade unions may legally represent workers, including nonmembers. When planning a strike, unions are required to inform employers in writing of the number of strikers and provide a list of the members of the strike committee or contact persons for negotiation. They must announce the strike at least three days in advance.

The law protects union officials from dismissal by an employer during their term of union service and for 12 months after its completion. To dismiss a union official, an employer must seek prior consent from the employee’s unit within the union. If the union does not consent, the dismissal notice is invalid.

The government enforced applicable laws effectively and permitted unions to conduct their activities without interference. Government resources for inspections and remediation were adequate, and legal penalties in the form of fines were commensurate with those for similar violations.

The Czech-Moravian Confederation of Trade Unions (CMKOS) reported violations of the labor law and trade union rules continued during the year. The CMKOS also reported violations and cases of discrimination, including employers raising administrative obstacles to collective bargaining, threatening to dismiss employees who asserted their union rights, including refusing to terminate union activities, or attempting to form unions. In 2019 a long-term union chairman was dismissed immediately after criticizing his employer’s handling of an incident in the employer’s factory, which led to the loss of workers’ lives. The employee took the case to court, where it was pending at the end of the year.

During the year labor unions most frequently used strikes and strike alerts to advance their goals. Strikes and strike alerts predominantly targeted wages.

b. Prohibition of Forced or Compulsory Labor

The law prohibits and criminalizes all forms of forced or compulsory labor, and the government effectively enforced these prohibitions. Resources, inspections, and remediation were adequate. Penalties were commensurate with those for similar violations.

Men and women from the Czech Republic, Bulgaria, Moldova, Mongolia, Nepal, Nigeria, the Philippines, Romania, Russia, Slovakia, Ukraine, and Vietnam are exploited in forced labor in the Czech Republic, typically through debt-based coercion or exploitation of other vulnerabilities, in the construction, agricultural, forestry, manufacturing, and service sectors, including in domestic work. In May the government approved a new national strategy to guide the government’s antitrafficking efforts, including addressing forced labor. It did not, however, succeed in effectively screening vulnerable populations and did not adequately identify domestic or foreign victims mainly because of the COVID-19 pandemic. Private labor agencies often used deceptive practices to recruit workers from abroad, as well as from inside the country.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. The minimum age for employment is 15. Employment of children between the ages of 15 and 18 was subject to strict safety standards, limitations on hours of work, and the requirement that work not interfere with education.

The law permits children younger than 15 (or who have not completed mandatory elementary education) to work only in certain areas: cultural and artistic activities; advertising; product promotion; and certain modeling and sports activities. A child younger than 15 may work only if he or she obtains a positive health assessment from a pediatrician and prior approval by the Labor Office. Work permits for children are issued for 12 months. Resources, inspections, and remediation were adequate. The State Bureau for Labor Inspections (SBLI) effectively enforced these regulations. Penalties were commensurate with those for other violations. The SBLI did not report any child labor law violations during the year.

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations prohibit any kind of discrimination based on nationality, race, color, religion, political opinion, national origin, sex, sexual orientation or gender identity, age, disability, HIV-positive status or presence of other communicable diseases, social status, or trade union membership.

According to the ombudsperson’s report, discrimination at work accounted for the greatest number of complaints to the ombudsman in 2019 (31 percent). Similar to the previous year, most complaints in 2019 were for discrimination based on age, gender, and disability.

A survey issued in October of all 90 discrimination cases addressed by courts in 2015-19 showed that 60 percent of them were employment related, mainly on the grounds of age and gender. Overall, 46 percent of the lawsuits were filed against public employers and 19 percent concerned alleged discrimination against workers in education. Some 60 percent of complainants in labor disputes in the courts were women. The court dismissed 46 percent of employment discrimination cases.

The government effectively enforced the law. Penalties were commensurate with those for similar violations, and inspection and remediation were sufficient to enforce compliance. The SBLI conducted checks for unequal treatment and discrimination in 2019 and imposed penalties for violations of discrimination laws, mostly for noncompliance with the requirement to employ a specific number of persons with disabilities, discrimination due to health conditions, gender, and age, or the publication of discriminatory job advertisements. The SBLI recorded a slight increase in cases regarding unequal treatment and discrimination at work in 2019 (269 cases) compared with 2018 (267 cases).

Women’s salaries lagged behind men’s by approximately 22 percent. The Ministry of Labor and Social Affairs started introducing a testing tool for employers that evaluates gender pay gaps in an organization as part of the “22 percent towards equality” project. The testing tool highlights pay gaps and sensitizes management to disparities in remuneration.

Associations supporting HIV-positive individuals reported cases of employment discrimination. HIV-positive individuals are not legally obligated to report their diagnosis to their employer unless it prevents them from executing their duties. Some employers dismissed HIV-positive employees due to prejudices of other employees. To avoid accusations of discrimination, employers justified such dismissals on administrative grounds, such as redundancy.

e. Acceptable Conditions of Work

The Ministry of Labor and Social Affairs establishes and enforces minimum wage standards. The minimum wage is above the “minimum subsistence cost,” which is defined as the minimum amount needed to satisfy the basic needs of a working-age adult for a month. Enforcement of the minimum wage was one of the primary objectives of SBLI inspections.

The law provides for a 40-hour workweek, two days of rest per week, and a 30-minute break during the standard eight-hour workday. Employees are entitled to at least 20 days of paid annual leave. Employers may require up to eight hours per week of overtime to meet increased demand but not more than 150 hours of overtime in a calendar year. Additional overtime is subject to the employee’s consent. The labor code requires premium pay for overtime that is equal to at least 125 percent of average earnings.

The government set occupational health and safety standards that were appropriate for the country’s main industries. The labor code requires employers to provide health and safety protections in the workplace, maintain a healthy and safe work environment, and prevent health and safety risks. Responsibility for identifying unsafe conditions remains with inspectors, who have the authority to make unannounced visits and initiate sanctions.

The government effectively enforced the law. Inspection and remediation were sufficient to enforce general compliance. SBLI inspectors conducted checks for labor code compliance and imposed penalties that were commensurate with those for similar violations. SBLI’s labor inspection plan typically focused on sectors with high-risk working conditions, such as construction, agriculture, forestry, handling of hazardous chemicals, and transport.

According to the CMKOS, the provisions of the employment law most frequently violated by employers in 2019 related to wages, overtime, and rest periods.

In September labor authorities and unions reported to the press that, during the COVID-19 pandemic, violations of the labor code by local companies increased. Most reported violations consisted of lowering wages in violation of employment contracts and performing layoffs under the pretense of business reorganizations. For example, employees of one metallurgy company complained that their employer ordered them to take annual leave and accept a reduction in work hours and wages, threatening to dismiss them if they did not comply.

There were 42,416 registered workplace injuries in 2019, which were 1,949 fewer than in 2018. There were 95 fatal accidents in 2019, compared with 123 in 2018. Most workplace injuries and deaths occurred in the agriculture, forestry, transport, construction, and processing industries. Fatal accidents were investigated. For example, when a worker not equipped with protective equipment fell off the roof of a building on which he was working, the SBLI concluded the employer did not take adequate technical and organizational measures to prevent the worker from falling from height and ordered compensation.

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

There were no reports the government or its agents committed arbitrary or unlawful killings. The Ministry of Justice investigates killings by the security forces.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices, and there were some reports government officials employed them. On January 7, the Council of Europe’s Committee for the Prevention of Torture (CPT) published the report of its visit to the country in April 2019. It reported a few isolated allegations of excessive use of force, such as the person having been violently pushed to the ground or tightly handcuffed, and of threatening behavior by police officers, for example, officers pointing a firearm at the head of the person at the time of apprehension. It also received “a few allegations of excessive use of force by prison staff and prison transport officers, and of verbal abuse by prison staff.” At the Ellebaek Prison and Probation Establishment for Asylum Seekers and Others Deprived of their Liberty, the delegation received one allegation of excessive use of force and several allegations of verbal abuse by staff, including racist remarks.

The Danish Institute for Human Rights (DIHR) reported an increased use of force in prisons. It also noted an exponential increase in the use of prolonged solitary confinement as a disciplinary measure against convicted prisoners over the previous five years–705 instances of more than 14 days in 2019, compared with seven instances in 2015.

In February the DIHR criticized the use of prolonged physical restraint in psychiatric facilities finding that the use of physical restraint for over one hour had no legal basis. The DIHR report highlighted 163 “long-term” detentions that lasted between one and four hours in 2018, the most recent year for which statistics were available. The Danish Psychiatric Association also found instances of detentions that extended over six hours.

In July a public nursing home in Aarhus municipality was criticized after hidden surveillance videos of residents receiving degrading treatment were published and circulated in the media. The surveillance showed the residents living in poor hygienic conditions and subject to verbal abuse from workers. Although government and police officials told news outlets this treatment was unacceptable, authorities took no official action regarding this case.

Impunity was not a significant problem in the security forces.

Prison and Detention Center Conditions

There were no significant reports regarding prison or detention center conditions that raised human rights concerns.

Physical Conditions: The law prohibits authorities from holding minors in solitary confinement for more than seven days; restricts authorities’ ability to detain adults with youths between the ages of 15 and 17; and allows minors to receive education while detained. Authorities continued to hold convicted prisoners together with pretrial detainees in remand institutions.

In its January 7 report, the CPT stated that prisoners complained about access to the toilet (both during the day and at night) at the Copenhagen Police Headquarters Prison and at the Odense Remand Prison. In the Copenhagen City Police Station, the Nykobing Falster Police Station, and the Odense Police Headquarters, it observed a lack of access to natural light and insufficient artificial lighting in the cells. In addition, ventilation was poor in the cells of the Nykobing Falster Police Station.

The Ellebaek prison, operated by the Prison and Probation Service, held 117 rejected asylum seekers who were considered flight risks but had not committed other crimes. The CPT report deemed both the prison and the Nykobing Falster Holding Center as unsuitable for residents. The head of the CPT delegation stated that residents were kept in prison-like conditions with poor sanitary conditions. The report described harsh punishments, including 15 days of solitary confinement, for possessing a mobile telephone. The report also noted that detained migrants at risk of suicide sometimes were placed naked in an observation room to prevent their tearing their clothing to make a noose.

Administration: Authorities conducted investigations of credible allegations of mistreatment.

Independent Monitoring: The parliamentary ombudsman also functioned as a prison ombudsman. The government permitted additional monitoring visits by independent human rights observers and the media. The CPT, the International Committee of the Red Cross, and other independent nongovernmental organization (NGO) observers regularly received access to police headquarters, prisons, establishments for the detention of minors, asylum centers, and other detention facilities. On January 7, the CPT published its report of its visit in April 2019.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed these requirements.

Arrest Procedures and Treatment of Detainees

The law allows police both to begin investigations and to make arrests on their own initiative based upon observed evidence or to enforce a court order following an indictment filed with the courts by public prosecutors.

The law mandates that citizens and documented migrants taken into custody appear before a judge within 24 hours. The judge may extend police custody for a further 72 hours. In contrast to citizens and documented migrants, authorities may hold irregular migrants up to 72 hours before bringing them before a judge or releasing them. In all cases the law requires police to make every effort to limit detention time after arrest to fewer than 12 hours. A migrant generally is classified as irregular when the individual does not have the required authorization or documents for legal immigration. During the 72-hour holding period, the National Police, the Danish Center against Human Trafficking, and antitrafficking NGOs, if needed, can review an irregular migrant’s case to determine whether the migrant is a victim of human trafficking. In addition, the Ministry of Immigration and Integration can suspend the requirement for a 72-hour case review if the volume of asylum requests exceeds the ability of the government to complete reviews within 72 hours. Authorities can extend detention beyond 72 hours to conduct additional research in cases where the migrant’s country of origin or identity cannot be positively verified.

According to the CPT, police may administratively detain a person who endangers public order, the safety of individuals, or public security for a period not exceeding six hours or, in the context of public gatherings and crowds, 12 hours.

Authorities generally respected the right of detainees to a prompt judicial determination and informed them promptly of charges against them. There is no bail system; judges decide either to release detainees on their own recognizance or to keep them in detention until trial. A judge may authorize detention prior to trial only when authorities charge the detainee with a violation that could result in a prison sentence of more than 18 months or when the judge determines the detainee would seek to impede the investigation of the case, be a flight risk, or be likely to commit a new offense. The standard period of pretrial custody is up to four weeks, but a court order may further extend custody in four-week increments.

Arrested persons have the right to unsupervised visits with an attorney from the time police bring them to a police station. The CPT alleged questioning of detainees often began immediately upon arrest and during transport to the police station. Police frequently delayed access to an attorney until the accused appeared in court for a remand hearing. Several detained persons complained to the CPT that the first time they had met a lawyer was in court, a few minutes before the application of remand custody was being decided. The CPT reported that a number of detained persons had not been informed of their right of access to a lawyer or that their requests to contact a lawyer and have him or her present during police questioning had been ignored. Moreover, detained persons’ requests to see a lawyer and the action taken by police in response to such requests were not recorded systematically.

The government provides counsel for those who cannot afford legal representation. Detainees have the right to inform their next of kin of their arrest, although authorities may deny this right if information about the detention could compromise the police investigation. Detainees have the right to medical treatment, and authorities generally respected this right. Police may deny other forms of visitation, subject to a court appeal but generally did not do so. Fewer detainees were sent to isolation than in previous years, but the practice was still used as a method of punishment.

e. Denial of Fair Public Trial

The constitution and law provide for an independent judiciary, and the government generally respected judicial independence and impartiality.

Trial Procedures

The constitution provides for the right to a fair and public trial, and an independent judiciary generally enforced this right.

Defendants enjoy the right to a presumption of innocence; a prompt and detailed notification of the charges against them; a fair, timely, and public trial; to be present at their trial; to communicate with an attorney of their choice (or have one provided at public expense if unable to pay); to have adequate time and facilities to prepare a defense; to have free interpretation as necessary from the moment charged through all appeals; to confront prosecution or plaintiff witnesses and present their own witnesses and evidence; not to be compelled to testify or confess guilt; and to appeal their case.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

Individuals or organizations may bring civil lawsuits seeking damages for a human rights violation. The complainant may also pursue an administrative resolution. The law provides that persons with “reasonable grounds” may appeal court decisions to the European Court of Human Rights if they involve alleged violations of the European Convention on Human Rights, but only after they exhaust all avenues of appeal in national courts.

Property Restitution

The government reports, and the Jewish Community confirms, that Holocaust-era restitution has not been an issue and that no litigation or restitution claims regarding real or immovable property covered by the Terezin Declaration, to which the government is signatory, were pending before authorities. The Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 29, 2020, can be found on the Department’s website: https://www.state.gov/reports/just-act-report-to-congress/.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution and law prohibit such actions, but there were isolated reports that the government failed to respect these prohibitions.

The law allows the government to gather airplane passengers’ personal data. The DIHR alleged that the Ministry of Justice failed to demonstrate the law complies with the European Court of Justice’s conditions for collecting passenger name record information. For example, access to oversight mechanisms on the use of personal data is limited to Danish citizens.

During the summer, more than 100 residents in Vollsmose, a suburb of Odense, the country’s third-largest city, filed discrimination complaints with the Equal Treatment Board after receiving eviction notices. The complaints alleged that the law’s ethnic criteria for neighborhoods classified as “ghettos” was directly discriminatory as it set limits on the number of residents from “non-Western backgrounds” who may live in an area in order for that area to avoid classification as a “ghetto.” Areas classified as “ghettos” are subject to increased police surveillance and higher punishments for crimes such as loitering.

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Freedom of Speech: The law prohibits any public speech or the dissemination of statements or other pronouncements that threaten, deride, or degrade a group because of gender, race, skin color, national or ethnic background, religion, or sexual orientation. Authorities may fine offenders or imprison them for up to two years. On June 2, the European Commission against Racism and Intolerance reported that the police case file-processing system registers reported offenses of hate speech as well as their judicial outcomes. It is still not possible, however, to collect data of a more detailed character, such as category of offense, type of hate motivation, or target group, from the system.

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored online communications without appropriate legal authority.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedom of peaceful assembly and association, and the government generally respected these rights.

c. Freedom of Religion

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

d. Freedom of Movement

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

The government did not participate with the Office of the UN High Commissioner for Refugees (UNHCR) in its program to resettle refugees.

Abuse of Migrants and Refugees, and Stateless Persons: The CPT reported a number of persons who were detained for the up to 72-hour period allowed by law complained that they were unable to consult a lawyer.

In September 2019 the government stated it would close the Sjaelsmark Departure Center, a facility run by the Danish Prison and Probation Service for rejected asylum seekers who cannot be returned to their country of origin. In November 2019 the government committed to remove all the children in the center and their parents from Sjaelsmark before April. Due to the COVID-19 pandemic, the Ministry of Immigration and Integration delayed this move until August 25, when 48 families with all 89 children in the center were moved to the Avnstrup Departure Center.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. The government limits the rights of persons with subsidiary or temporary protection to family reunification, restrictions not applied to persons recognized as refugees. For example, persons with subsidiary or temporary protection must wait at least three years before applying for family reunification for their spouse or cohabitating partner and minor children. In contrast, persons with refugee status can apply for family reunification at any time.

Safe Country of Origin/Transit: The country employs the EU’s Dublin III regulation, which permits authorities to turn back or deport individuals who entered or attempted to enter the country through a “safe country of transit” or are registered in another Dublin regulation state.

Freedom of Movement: The law limits the initial period of immigration detention to six months, which can be extended to 18 months if special circumstances exist.

Access to Basic Services: The law allows municipalities to accommodate refugees only in temporary housing.

Durable Solutions: The government’s policy encourages repatriation of refugees rather than integration into society. The state provides financial assistance to refugees or asylum seekers who choose to return home. The state pays for their travel and provides a small sum of money to help them resettle in their homeland. The government provides similar financial incentives to nonrefugee or non-asylum-seeking residents who choose to return to their homelands. This policy decreases the likelihood of long-term residency permits for refugees and asylum seekers as it encourages repatriation over integration.

Temporary Protection: Through the end of September, the government provided temporary protection to 77 persons who did not qualify as refugees.

g. Stateless Persons

According to UNHCR, 8,672 stateless persons lived in the country at the end of 2019. Stateless persons can apply for citizenship if they have lived in the country for at least eight years.

The constitution and laws provide citizens, including residents of Greenland and the Faroe Islands, the ability to choose their governments in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: Free and fair parliamentary elections in June 2019 led to the formation of a single-party minority government headed by Social Democratic Party leader Mette Frederiksen.

In August 2019 the Faroe Islands held free and fair parliamentary elections. The Union Party, the Danish People’s Party, and the Center Party comprise the new government headed by Premier Bardur a Steig Nielsen. Greenland’s parliamentary elections in 2018 were considered to be free and fair.

Participation of Women and Members of Minority Groups: No laws limit the participation of women and members of minority groups in the political process, and they did participate.

In June the Ministry of Defense implemented a number of anticorruption-focused measures to combat fraud and abuse of power following a series of high-profile cases in earlier years. Among the policies are additional protections for whistleblowers.

Financial Disclosure: Reporting of personal finances, including from positions with private and public companies, personal businesses, donors, foreign gifts, and past or future salaries is mandatory but not enforced. Government officials may not work on specific matters in which they, persons they represent, or persons with whom they have close relations have a personal or economic interest. Officials must inform their superiors of any possible conflicts of interest that might disqualify them.

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were cooperative and responsive to their views.

Government Human Rights Bodies: The parliamentary ombudsman investigated complaints regarding national and local public authorities and any decisions authorities made regarding the treatment of citizens and their cases. The parliamentary ombudsman can independently inspect prisons, detention centers, and psychiatric hospitals. A European ombudsman monitored the country’s compliance with EU basic rights, a consumers’ ombudsman investigated complaints related to discriminatory marketing, and two royal ombudsmen provided liaison between the Danish central government and those in the Faroe Islands and Greenland. These ombudsmen enjoyed the government’s cooperation, operated without government or political interference, and were considered effective.

Women

Rape and Domestic Violence: The law criminalizes rape against women or men (the statute is gender neutral), including spousal rape and domestic violence. Rape is not defined by a lack of consent, but rather by whether physical violence, threat, or coercion is involved or if the victim is found to have been unable to resist. Penalties for rape include imprisonment for up to 12 years for aggravated circumstances and up to six years for domestic violence. The government effectively prosecuted persons accused of rape.

A 2020 report by the Crime Prevention Council, a network of crime prevention authorities and professionals, found that more than 6,700 persons were raped or subjected to attempted rape annually between 2008 and 2019. The study suggested that significant numbers of rapes and sexual assaults go unreported. According to police, there were 1,662 reports of rape or attempted rape in 2019 of which 294 involved the abuse of children younger than the age 12. In 2019 there were 314 rape convictions.

Faroese law criminalizes rape with penalties up to 12 years’ imprisonment. The law considers nonconsensual sex with a victim in a “helpless state” to be sexual abuse rather than rape. In certain instances it also reduces the penalty for rape and sexual violence within marriage.

Greenlandic law criminalizes rape. The law does not provide a minimum sentencing for persons convicted of rape but does cap sentencing at 10 years. The law is applied equally regardless of the marital relationship of the offender and the victim. The law provides that sentencing be based on the severity of the case as well as an individual evaluation of the offender. Sentencing was typically between 12 and 18 months.

The government and NGOs operated 24-hour hotlines, counseling centers, and shelters for female survivors of violence throughout the country, including in Greenland and the Faroe Islands. The royal family supported a variety of NGOs working to improve conditions and services at shelters and to assist families afflicted with domestic violence.

Sexual Harassment: The law prohibits sexual harassment and provides that authorities may order a perpetrator or an employer who allowed or failed to prevent an incident of harassment to pay monetary compensation to victims. The law considers sexual harassment an unsafe working condition and gives labor unions or the Equal Treatment Board the responsibility to resolve it (see also section 7.d.). The government enforced the law effectively.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children; to manage their reproductive health; and to have access to the information and means to do so, free from discrimination, coercion, or violence. The government provides 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: Women have the same legal status and rights as men, including under family, labor, religious, personal status and nationality, property, inheritance, employment, access to credit, and owning and managing businesses and property laws. Little discrimination was reported in employment, ownership and management of businesses, or access to credit, education, or housing.

Children

Birth Registration: Most children acquire citizenship from their parents. Stateless persons and certain persons born in the country to noncitizens may acquire citizenship by naturalization, provided, in most cases, that they apply for citizenship before their 21st birthday. The law requires medical practitioners to register promptly the births of children they deliver, and they generally did so.

Child Abuse: Child abuse is illegal and punishable by up to two years in prison. The National Police and Public Prosecutor’s Office actively investigated child abuse cases. According to police statistics, approximately 17 percent of total sexual offenses in Greenland were crimes of “sexual relations with individuals below the age of 15.”

In 2019 Greenlandic police received a record high of 83 reports of sexual assault against children. East Greenland has been recognized for its disproportionate record of sexual abuse. According to a Greenlandic police report in 2019, the town of Tasiilaq reported the highest number of sexual crimes against children and adolescents per year in Greenland. In 2018, 27 percent of Greenland’s sexual assaults against children younger than age 15 occurred in Tasiilaq, while the town accounted for fewer than 4 percent of Greenland’s population. In 2019 a Danish Radio (DR) documentary noted that in Tasiilaq, nearly half of adults younger than age 60 claimed to have experienced sexual abuse as children. During a mandatory COVID-19 lockdown in March and April, reports of sexual assault increased. To combat this, the Greenlandic government banned the sale of alcohol. The Danish Ministry of Social Affairs developed 16 recommendations to address children abuse. The recommendations include support by social workers for vulnerable families and the establishment of substance abuse centers. The Greenlandic government established community centers to provide at-risk children with a safe place to stay on weekends and paydays, when their parents or guardians were most likely to misuse alcohol.

The government’s Children’s Council monitors children’s rights and promotes children’s interests in legislative matters.

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

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children and child pornography. Penalties for the distribution of child pornography include up to a six-year prison sentence. The government generally enforced these laws. The minimum age for consensual sexual activity is 15. The purchase of sexual services from a person younger than 18 is illegal.

The law in Greenland prohibits sexual relations with children younger than age 15; Greenlandic Police determine the penalties for perpetrators.

Displaced Children: The government considered unaccompanied minor refugees and migrants to be vulnerable, and the law includes special rules regarding them. A personal representative was appointed for all unaccompanied children who sought asylum or who stayed in the country without permission.

Institutionalized Children: The ombudsman noted in a 2018 report that the conditions for children at the Sjaelsmark departure center for irregular migrants were likely “to make their childhood substantially more difficult and to restrict their natural development.” In August the government moved all the children and their families to another departure center (see section 2.f.).

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 Jewish Community in Denmark (Det Jodiske Samfund i Danmark) estimated between 6,000 and 8,000 Jews lived in the country, most in the Copenhagen area.

Representatives of the Jewish community reported 51 anti-Semitic acts against the Jewish community in 2019, 13 percent more than in the previous year. The acts included assault, physical harassment, threats, vandalism, and hate speech. During the year the government cooperated with the Jewish community to provide police protection for the Great Synagogue of Copenhagen as well as other locations of importance to the Jewish community. Jewish community leaders reported continued good relations with police and the ability to communicate their concerns to authorities, including the minister of justice.

On Yom Kippur, the most holy day of the Jewish calendar, the neo-Nazi organization Nordic Resistance Movement (NRM) put up posters in 16 cities, including Copenhagen, accusing the Jewish community of pedophilia in connection to circumcision.

In September members of parliament reintroduced, for the third year in a row, a 2018 citizen proposal to ban ritual circumcision of boys younger than age 18. Prime Minister Frederiksen of the governing Social Democratic Party forcefully opposed the circumcision ban on September 11. Representatives of the Muslim and Jewish communities remained concerned about the proposal and its annual reemergence in parliamentary debates.

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 and harassment of persons with physical, sensory, intellectual, or mental disabilities. It also mandates access by persons with disabilities to government buildings, education, employment, information, and communications. The government enforced these provisions.

The law provides for the right of free education for all children. The law provides that most children with disabilities be able to attend mainstream classes with nondisabled peers through secondary school.

The right of persons with disabilities to vote or participate in civic affairs was generally not restricted, but some persons with disabilities reported problems in connection with elections, including ballots that were not accessible to blind persons or persons with mental disabilities. The country maintained a system of guardianship for persons considered incapable of managing their own affairs due to psychosocial or mental disabilities. Persons under guardianship who do not possess legal capacity have the right to vote in local and regional elections as well as in elections to the European Parliament, but not in national elections.

Greenland employed a spokesperson to promote the rights and interests of persons with disabilities. According to media reports, persons with disabilities in Greenland continued to lack adequate access to physical aids, counselling, educated professionals, and appropriate housing. Many Greenlanders with disabilities had to be relocated to Denmark because of lack of support resources in Greenland.

Members of National/Racial/Ethnic Minority Groups

In June, two white men killed a black man on the island of Bornholm. One of the perpetrators, who were brothers, was a member of the far-right, anti-immigrant group Stram Kurs. According to the authorities, the victim was beaten with a wooden beam, stabbed multiple times including in the throat, and held down with a knee on his neck. NGOs and activists immediately called the killing a hate crime and organized Black Lives Matter demonstrations in protest. Authorities ruled out calling the murder a hate crime. Bente Pedersen Lund, the lead prosecutor in the case, insisted that the murder was based on a personal relationship between the three men and told the press that the motive “was not racist.” On December 1, both perpetrators were found guilty of first-degree murder and sentenced to 14 years in prison.

The Ministry of Transport, Building, and Housing continued to implement the government’s action plan for the elimination of “ghettos,” neighborhoods of majority non-Western immigrants, by 2030. The government defined “ghetto” as an area with more than 1,000 residents where the share of immigrants and their descendants from non-Western countries was more than 50 percent. Media widely interpreted “non-Western” to mean Muslim-majority communities. The law requires “ghetto” parents to send toddlers older than the age of one to government-funded daycare to be taught “Danish values,” including Christmas and Easter traditions. Authorities withheld quarterly benefits of up to 4,557 kroner ($716) from noncompliant parents. The law also requires neighborhoods that have been classified as “ghettos” for four years in a row to reduce the amount of public housing in the area by 40 percent. A neighborhood listed as a “ghetto” for four years in a row is classified as a “hard ghetto.” The law requires neighborhoods that have been classified as “hard ghettos” to reduce the amount of public housing in the area by 40 percent to qualify for a change in classification.

In August the public transportation company DSB received complaints after it ran a political advertisement for the Danish People’s Party that read “no to Islam, yes to Denmark.” The advertisement illustrated the mainstream current of anti-Muslim political sentiment and was present within the crossword puzzle of the transportation company’s magazine Ud & Se that was available on public trains. The DSB removed the advertisement after receiving a complaint from a train customer.

Residents of a public housing complex in Helsingor accused authorities of illegal discrimination after forcibly relocating 96 families. The residents believed they were evicted because of their ethnicity and challenged the removal in court. They argued they did not do anything wrong and that the eviction was discriminatory and based on ethnicity. Housing authorities stated the lease terminations were due to accessibility renovations in the building. Media reports suggested that the evictions might have been part of an effort to remove the complex from the government’s “hard ghetto” list.

Indigenous People

The law protects the rights of the indigenous Inuit inhabitants of Greenland, who are Danish citizens and whose legal system seeks to accommodate their traditions. Through their elected internally autonomous government, they participated in decisions affecting their lands, culture, traditions, and the exploitation of energy, minerals, and other natural resources. Greenlanders also vote in national elections.

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

The law affords individuals legal gender recognition, but government guidelines require that individuals undergoing transition receive hormone treatment at one of two designated government-run clinics; private physicians are not permitted to establish this course of treatment.

Other Societal Violence or Discrimination

On March 2, the DIHR found the city of Herning had unfairly discriminated against children from minority backgrounds when it divided its school system in two to separate Danish children from those of non-Danish origin. The municipal government subsequently acknowledged the discrimination against minority children.

Rasmus Paludan, lawyer and founder of the political party Stram Kurs (Hard Line), which cited in its platform “the unacceptable behavior exhibited by Muslims” and what it described as the need to deport all non-Western residents, continued to hold anti-Muslim rallies. In June a court found Paludan guilty of 14 counts of racism, defamation, and reckless driving. As a result Paludan was disbarred for three years, fined, and sentenced to one month of imprisonment; his driver’s license was suspended as well. Despite the court sentencing, Paludan continued to organize protests against Muslims and Quran-burning demonstrations throughout the year in Muslim-majority immigrant neighborhoods across the country, citing freedom of speech. At one demonstration in Aarhus in June, violence erupted after demonstrators threw stones and fireworks at police. One man broke down a police barrier and threatened police with a knife.

In August members of the rightist Nye Borgerlige political party criticized immigrants of Somali heritage and other minority groups after media reports indicated there were higher incidences of COVID-19 infection among certain ethnic minorities.

During the year representatives from the Muslim community reported discrimination against Muslims. Statistics from the Muslim community on anti-Islamic incidents were not available, but according to police figures, there were 110 religiously motivated hate crimes against Muslims in 2019. Representatives from the Muslim community reported that Muslims in the country lived with a sense of increased scrutiny from the government and society.

During the year authorities fined two persons under the law banning masks and face coverings, including burqas and niqabs. Violators face fines ranging from 1,000 to 10,000 kroner ($157 to $1,570). The maximum fine is for those who violate the law four or more times. In response to COVID-19, the Ministry of Justice provided guidance that the law does not apply to face coverings that serve specific health purposes and that masks worn to prevent the spread of coronavirus fall under this exemption.

a. Freedom of Association and the Right to Collective Bargaining

The law states all workers may form or join independent unions. The law provides for the right to collective bargaining and to legal strikes but does not provide nonresident foreign workers on Danish ships the right to participate in the country’s collective bargaining agreements. It allows unions to conduct their activities without interference, prohibits antiunion discrimination, and provides for reinstatement of workers fired for union activity.

The government effectively enforced the law. Resources, inspections, and remediation including supporting regulations were adequate. Penalties were commensurate with similar violations. Breaches of collective agreement are typically referred to industrial arbitration tribunals to decide whether there was a breach. If the parties agree, the Labor Court may deal with cases that would otherwise be subject to industrial arbitration. The court determines penalties on the facts of the case and with due regard to the degree that the breach of agreement was excusable.

Employers and the government generally respected freedom of association and the right to collective bargaining. Annual collective bargaining agreements covered members of the workforce associated with unions and indirectly affected the wages and working conditions of nonunion employees.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, including by children, and the government effectively enforced this prohibition. The law prescribes penalties that were generally commensurate with those for similar crimes. Authorities identified 17 victims of forced labor in 2019 making up one-quarter of the overall number of trafficking victims. Men and women working in agriculture, cleaning, construction, factories, hospitality, restaurant, and trucking were most likely to face conditions of forced labor.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all of the worst forms of child labor, and the government effectively enforced the law. The minimum legal age for full-time employment is 15. The law sets a minimum age of 13 for part-time employment and limits school-age children to less strenuous tasks. The law limits work hours and sets occupational health and safety restrictions for children, and the government effectively enforced these laws. Minors may not operate heavy machinery or handle toxic substances, including harsh detergents. Minors may only carry out “light work” that is the equivalent of lifting no more than 26.4 pounds from the ground and 52.8 pounds from waist height. For minors working in jobs where there is a higher risk of robbery, such as a snack bar, kiosk, bakery, or gas station, a coworker older than age 18 must always be present between the hours of 6:00 p.m. and 6:00 a.m. on weekdays and 2:00 p.m. and 6:00 a.m. on weekends.

d. Discrimination with Respect to Employment and Occupation

The law prohibits employment discrimination, and the government generally enforced these laws effectively. The law prohibits discrimination and harassment on the basis of race, skin color, or ethnic origin; gender; religion or faith; sexual orientation; national or social origin; political views; age; and disability. The law does not explicitly prohibit discrimination based on HIV/AIDS or refugee status. Penalties for violations include fines and imprisonment and are generally commensurate with those for similar violations.

Danish gender equality law does not apply to Greenland, but Greenland’s own law prohibits gender discrimination. Greenland has no antidiscrimination laws in employment, and Danish antidiscrimination laws do not apply to Greenland.

e. Acceptable Conditions of Work

The law does not mandate a national minimum wage. Unions and employer associations negotiated minimum wages in collective bargaining agreements that were more than the estimate for the poverty income level. The law requires equal pay for equal work; migrant workers are entitled to the same minimum wages and working conditions as other workers.

Workers generally worked a 37.5-hour week established by contract rather than law. Workers received premium pay for overtime, and there was no compulsory overtime. Working hours are set by collective bargaining agreements and adhere to the EU directive that average workweeks not exceed 48 hours.

The law prescribes conditions of work, including appropriate safety and health standards, and authorities effectively enforced compliance with labor regulations. Minimum wage, hours of work, and occupational safety and health standards were enforced effectively in all sectors, including the informal economy. Penalties for safety and health violations, for both employees and employers, are commensurate with those for similar violations. The Danish Working Environment Authority (DWEA) under the Ministry of Employment may settle cases subject only to fines without trial.

The Ministry of Employment is responsible for the framework and rules regarding working conditions, health and safety, industrial injuries, financial support, and disability allowances. DWEA is responsible for enforcing health and safety rules and regulations. This is carried out through inspection visits as well as guidance to companies and their internal safety organizations. DWEA’s scope applies to all industrial sectors except for work carried out in the employer’s private household, exclusively by members of the employer’s family, and by military personnel. The Danish Energy Agency is responsible for supervision of offshore energy installations, the Maritime Authority is responsible for supervision of shipping, and the Civil Aviation Administration is responsible for supervision in the aviation sector.

DWEA has authority to report violations to police or the courts if an employer fails to make required improvements by the deadline set by DWEA. Court decisions regarding violations were released to the public and show past fines imposed against noncompliant companies or court-ordered reinstatement of employment. Greenland and the Faroe Islands have similar work conditions, except in both cases collective bargaining agreements set the standard workweek at 40 hours.

Workers can remove themselves from situations they believe endanger their health or safety without jeopardy to their employment, and authorities effectively protected employees in these situations. The same laws protect legal immigrants and foreign workers and apply equally to both categories of workers.

The number of labor inspectors is sufficient to enforce compliance. DWEA effectively enforced labor health and safety standards in all sectors, including enforcement of limiting the hours worked per week. Vulnerable groups generally include migrant and seasonal laborers, as well as young workers. These groups often work in the agricultural and service sectors. DWEA registered 15 individual workplace fatalities. An annual report from DWEA showed that in 2019 a total of 42,709 occupational accidents were reported (a number that has remained flat over the previous five years). According to the report, the most frequent injury was ankle sprains and other muscle injuries, which made up 42 percent of all reported occupational accidents in 2019.

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

There were no reports that the government or its agents committed arbitrary or unlawful killings. The Prosecutor’s Office leads criminal investigations in the country, investigates whether security force abuses were justifiable, and pursues prosecutions.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices, but there were reports that police used excessive physical force and verbal abuse during the arrest and questioning of some suspects. The number of cases brought against police officers for excessive use of force was similar to that in previous years. During the first half of the year, authorities filed four cases against police officers for excessive use of force.

Impunity was not a significant problem in the security forces.

Prison and Detention Center Conditions

There were no significant reports regarding prison or detention center conditions that raised human rights concerns.

Physical Conditions: In April the legal chancellor publicly criticized the government’s COVID-related ban on prisoners’ outdoor time and reduction of visits from relatives, characterizing the ban as impermissible treatment of prisoners under government guidelines.

In a November 2019 report on its 2017 visit to the country, the Council of Europe’s Committee for the Prevention of Torture (CPT) expressed concern over “appalling material conditions” at the Parnu, Tallinn, Tartu, and Valga detention houses as well as at the Tallinn East Police Station and over the small size of some of the cells seen in various police establishments. The report also expressed the CPT’s “serious misgivings” that remand prisoners were frequently held in deficient police detention houses for one to four weeks, and in some cases for several months, beyond the period of police custody (pending their transfer to a prison).

With regard to prison conditions, the CPT report noted that the use of solitary confinement as a punishment appeared to be widespread in all three of the country’s prisons and that the practice appeared to be particularly excessive at Viru Prison. Prisoners were placed in disciplinary solitary confinement continuously for more than 14 days, thus exceeding the maximum permissible time. At Viru Prison, multiple periods in solitary confinement were imposed on prisoners consecutively, which in a number of cases resulted in very long periods of solitary confinement (in one prisoner’s case, 225 days). There were no major concerns in prisons regarding physical conditions or inmate abuse except for the excessive use of solitary confinement.

Administration: Authorities conducted proper investigations of credible allegations of mistreatment.

Independent Monitoring: The government generally permitted monitoring by independent nongovernmental observers, including human rights groups, media, and international bodies.

d. Arbitrary Arrest or Detention

The constitution and laws prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her detention in court, and the government generally observed these prohibitions.

Arrest Procedures and Treatment of Detainees

Apart from those arrested during the commission of a crime, the law requires that in making arrests, authorities must possess warrants issued by a court based on evidence and must inform detainees promptly of the grounds for their arrest. There is a functioning bail system and other alternatives for provisional release pending trial. Authorities may hold individuals for 48 hours without charge; further detention requires a court order. Police generally complied with these requirements. Criminal procedure rules provide for a maximum detention of two months during preliminary investigations in cases where the accused is a minor and four months in cases of second-degree (less serious) crimes. Detainees are entitled to immediate access to legal counsel, and the government pays for legal counsel for indigent persons.

e. Denial of Fair Public Trial

The constitution provides for an independent judiciary, and the government generally respected judicial independence and impartiality.

Trial Procedures

The constitution provides for the right to a fair and public trial, and an independent judiciary generally enforced this right.

Defendants enjoy the right to: a presumption of innocence; prompt and detailed notification of the charges (with free interpretation if necessary); a fair and public trial without undue delay; be present at their trial; communicate with an attorney of their choice; have adequate time and facilities to prepare a defense; have free interpretation as necessary from the moment charged through all appeals; confront prosecution or plaintiff witnesses; and present one’s own witnesses and evidence. Defendants cannot be compelled to testify or confess guilt and have the right to appeal. A single judge, a judge together with public assessors, or a committee of judges may hear cases. In criminal proceedings, an attorney is available to all defendants at public expense, although individuals often preferred to hire their own attorneys. In civil proceedings, the government provides an attorney for indigents. Authorities generally respected these rights and extended them to all residents regardless of citizenship.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

Individuals or organizations may seek civil remedies for human rights violations in domestic courts. They may appeal unfavorable decisions to the European Court of Human Rights after exhausting all domestic remedies.

Property Restitution

The government has laws and mechanisms in place for property restitution, and nongovernmental organizations (NGOs) and advocacy groups reported no issues with the government’s resolution of Holocaust-era claims, including for foreign citizens.

The Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 29, 2020, can be found on the Department’s website: https://www.state.gov/reports/just-act-report-to-congress/.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution prohibits such actions, and there were no reports that the government failed to respect these prohibitions.

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government generally respected these rights. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of speech, including for the press.

Freedom of Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction.

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events.

b. Freedoms of Peaceful Assembly and Association

Freedom of Peaceful Assembly

The constitution provides for freedom of peaceful assembly, and the government generally respected these freedoms. Due to the COVID-19 pandemic, the government introduced several temporary restrictions on public assembly, which changed in proportion to the assessed risks throughout the year.

Freedom of Association

While the constitution provides for freedom of association, the law specifies that only citizens may join political parties. There were no restrictions on the ability of noncitizens to join other civil groups.

c. Freedom of Religion

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

d. Freedom of Movement

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, and other persons of concern.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. The NGO Estonian Human Rights Center and other NGOs provided legal and social assistance to asylum seekers in cooperation with authorities. Government officials indicated that access to legal aid was available at every stage of the asylum procedure. The Estonian Human Rights Center continued to raise concerns about the prolonged detention of asylum seekers during adjudication of cases.

Safe Country of Origin/Transit: The government has a policy of denying asylum to applicants from a “safe” country of origin or transit. Authorities asserted that they granted interviews to all individual asylum seekers.

Durable Solutions: The government assisted in the safe, voluntary return of some refugees to their countries of origin under an International Organization for Migration program. The country worked with the EU and UNHCR to implement a refugee resettlement program. Naturalization is open to all permanent residents of the country after five years’ residence, provided they pass mandatory citizenship and language examinations.

Temporary Protection: The government provided temporary protection to individuals who may not qualify as refugees. Temporary protection includes the right to work, access to education, and health care. In 2019 the government granted temporary protection via residence permits to 10 persons.

g. Stateless Persons

UNHCR categorized 76,639 persons residing in the country as stateless in 2019. As of July 1, according to government statistics, there were approximately 70,000 residents of undetermined citizenship, or 5.3 percent of the population. Nearly all were ethnic Russians, Ukrainians, or Belarusians. These persons are eligible to apply for naturalized citizenship, and some of them may hold Russian, Ukrainian, or Belarusian citizenship.

There are statutory procedures that offer persons older than 18 opportunities for obtaining citizenship by naturalization, but some human rights observers regarded them as inadequate, and their rate of naturalization remained low. To facilitate acquisition of citizenship, authorities funded civics and language courses and simplified naturalization for persons with disabilities. The government also simplified the Estonian language requirements so that applicants older than 65 are no longer required to take a written language examination, although they still must pass an oral one. The government also provides citizenship, without any special application by the parents, to persons younger than 15 who were born in the country and whose parents were not citizens of Estonia or of any other country and had lived in Estonia for five years at the time of the birth of the child.

The law provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: Parliamentary elections in March 2019 were considered free and fair and led to the formation of a three-party coalition government comprising the Center Party, the Estonian Conservative People’s Party (EKRE), and the Pro Patria party. The coalition is led by Prime Minister Juri Ratas (Center Party).

Participation of Women and Minorities: No laws limit participation of women or members of minorities in the political process, and they did participate. The law allows only citizens to organize or join political parties.

Noncitizens who are long-term residents may vote in local elections but cannot vote in national elections or hold public office.

The law provides criminal penalties for corruption by officials, and the government generally implemented these laws effectively. The government has effective mechanisms to investigate and punish abuse and corruption. There were isolated reports of official corruption during the year.

Corruption: In January a member of parliament, Kalev Kallo, was found guilty of corruption charges connected to a criminal case involving malfeasance in the Tallinn City Government. He was convicted of three crimes: mediating a bribe, aiding and abetting the bribe, and illegally financing the Center Party. Kallo was sentenced to one-and-a-half years on conditional release, with an additional six months of conditional parole. Following a Supreme Court ruling in November upholding his conviction, Kallo resigned from parliament, as required by law.

In 2019 a court sentenced Indrek Suld, a railways official, to three years in prison and three years’ probation for violating the Anticorruption Act. Suld was arrested in 2016 for various incidences of manipulating public contracts. One other defendant, Raivol Lill, was also convicted of lesser offenses related to the contracts. The court also fined the company Autsec OU for violations of the law related to the contracts.

In 2019 the number of corruption cases dropped considerably compared to 2018. Of these cases, 44 percent occurred in the state government sector and 41 percent in the local government sector.

Financial Disclosure: The law requires all public officials to disclose their income and assets. Designated offices are responsible for monitoring and verifying disclosures. The financial declarations of high-level government officials were available to the public, and there are criminal and administrative sanctions for noncompliance with the law.

A number of domestic and international human rights groups operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were cooperative and responsive to their views.

Government Human Rights Bodies: The legal chancellor, an independent official with a staff of more than 45, performs the role of human rights ombudsman. The chancellor reviews legislation for compliance with the constitution; oversees authorities’ observance of fundamental rights and freedoms and the principles of good governance; and helps resolve accusations of discrimination based on gender, race, nationality (ethnic origin), color, language, religion, social status, age, disability, or sexual orientation. The legal chancellor also makes recommendations to ministries and local governments, requests responses, and has authority to appeal to the Supreme Court. The chancellor compiles an annual report for the parliament. Public trust in the office was high, and the government was responsive to its reports and decisions.

Women

Rape and Domestic Violence: The law criminalizes rape, including spousal rape, and physical abuse, including domestic violence. The law is effectively enforced. The penalty for rape, including spousal rape, is imprisonment for up to 15 years. According to the NGO Sexual Health Union, 13 percent of women have suffered sexual abuse, including rape.

According to NGOs and shelter managers, violence against women, including domestic violence, was a problem. During the first nine months of the year, domestic violence crimes made up 40 percent of all violent crimes in the country. Women constituted more than 80 percent of the victims of domestic violence registered by police. During the first nine months of the year, there were six percent fewer official reports of domestic violence than in the same period in 2019.

NGOs, local governments, and others could seek assistance for victims from the national government. There is a network of shelters for women and women with children who were victims of gender-based violence as well as hotlines for domestic violence and child abuse. There are four treatment centers for victims of sexual violence. Police officers, border guards, and social workers received training related to domestic and gender violence from NGOs and the Ministries of Social Affairs, Interior, and Justice.

Sexual Harassment: The law prohibits sexual harassment, and there were reports of such harassment in the workplace and on public transport. By law, sexual harassment complaints may be resolved in court. The penalty for sexual harassment is a fine or detention for up to 30 days. In 2019 the number of registered sexual harassment cases was 17 percent above the previous year; 97 percent of the victims in reported cases of sexual harassment were women. The number of registered stalking incidents in 2019 was similar to the previous year; 88 percent of reported stalking victims were women, 92 percent of alleged perpetrators were men.

Reproductive Rights: The government recognized the basic right of couples and individuals to decide freely the number, spacing, and timing of their children; to manage their reproductive health; and to have access to the information and means to do so, free from discrimination, coercion, or violence. The government provides 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 the same legal status and rights for women as for men. The government generally enforced such laws. There were reports of discrimination in employment and occupation, and unequal treatment, due to gender, age, disability, and sexual preference (see section 7.d.).

Children

Birth Registration: Citizenship derives primarily from the citizenship of at least one parent. Either citizen parent may pass citizenship to a child regardless of the other parent’s citizenship status. Children born to parents who are not citizens of Estonia or of any other country and have lived in the country for five years acquire citizenship at birth. Registration of births occurred in a timely manner.

Child Abuse: In 2019 the number of sexual crimes committed against persons younger than 18 grew by 18 percent over the previous year. The Police and Border Guard Board worked to combat child abuse, including sexual abuse. The legal chancellor acted as children’s ombudsman. Police provided training to officers on combatting sexual abuse in cooperation with the justice, education, and social ministries and local and international organizations.

Child, Early, and Forced Marriage: The legal minimum age for marriage is 18. A court may extend the legal capacity of a person who is at least 15 for the purpose of marriage.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children and child pornography, and authorities enforced the law. The minimum age for consensual sex is 14. Conviction of engaging in child pornography carries punishment ranging from a fine to three years in prison. Girls were more frequently exploited than boys.

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 Parent 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 an estimated 2,000 to 2,500 persons. There were no reports of anti-Semitic acts.

On January 27, the government held an annual memorial event on Holocaust Remembrance Day at the Rahumae Jewish Cemetery in Tallinn. Schools participated in commemorative activities throughout the country. The Education and Research Ministry, in cooperation with the Estonian Jewish community, the International Holocaust Remembrance Alliance, the Estonian Memory Institute, and the Museum of Occupation, organized an essay writing competition on topics related to the Holocaust for schoolchildren. The competition was dedicated to the 75th anniversary of the liberation of the Klooga concentration camp.

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 government generally enforced these provisions.

Persons with disabilities may avail themselves of government assistance in accessing information and may request individual personal assistants when necessary. The law provides that new or renovated buildings must be accessible to persons with disabilities. Few older buildings were accessible, but new or renovated ones generally were.

According to the legal chancellor, measures to safeguard the fundamental rights of individuals in mental health facilities remained inadequate, including protections against the use of unauthorized restraint measures in psychiatric care institutions. In April the legal chancellor also raised concerns about movement restrictions on residents of state-run homes for those with disabilities during the COVID-19 emergency.

NGOs complained that, while services typically were accessible in the capital, persons with disabilities in some rural areas had difficulty receiving appropriate care. For persons with disabilities outside of major population centers, access to local government social services (such as a personal assistants, support persons, and transportation) depended on that person’s own ability to seek assistance.

There were reports of discrimination in occupation or employment (also see section 7.d.).

The Ministry of Social Affairs is responsible for protecting the rights of persons with disabilities, and local governments are responsible for the provision of social welfare services to persons with disabilities. The government focused on developing rehabilitation services to improve the ability of those with disabilities to cope independently.

Members of National/Racial/Ethnic Minority Groups

On October 25, at the height of the conflict between Armenia and Azerbaijan, pigs’ heads were found in front of the Estonian Islamic Center and the embassies of Turkey and Azerbaijan. Police identified the perpetrator and initiated misdemeanor proceedings pursuant to the law concerning incitement to hatred. The perpetrator was ultimately charged with littering and fined 20 euros ($24).

In 2019 police registered eight cases of physical abuse, breach of public order, or threats that included hatred against persons from racial, religious, or ethnic minorities.

In August several racially motivated scuffles took place on three separate occasions between neo-Nazis and foreign students in Tartu, the country’s second largest city, leading to altercations between the groups. All cases involved the same neo-Nazi perpetrators. The incidents remained under investigation.

Knowledge of Estonian is required to obtain citizenship, and all public servants and public-sector employees, service personnel, medical professionals, and other workers who have contact with the public must possess a minimum competence in the language. Russian speakers stated that Estonian language requirements resulted in job and salary discrimination. The government continued to provide free and subsidized opportunities for learning Estonian.

In districts where more than half the population spoke a language other than Estonian, the law entitles inhabitants to receive official information in their language, and authorities respected the law.

Roma, who numbered fewer than 1,000, reportedly faced discrimination in several areas, including employment. The government took steps to emphasize the importance of education for Romani children, but their school dropout rate remained high.

Nonwhite residents reported discrimination in housing. The government faced difficulties finding housing for resettled refugees, which refugee advocates attributed to societal discrimination.

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

The law prohibits discrimination based on sexual orientation and gender identity. While the law is not specific regarding the forms of sexual orientation and gender identity covered, the general understanding is that it encompasses lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals. In 2019 police registered two cases that included hatred against LGBTI persons. Advocacy groups reported that societal harassment and discrimination against LGBTI persons remained common but noted improving public attitudes towards LGBTI persons.

a. Freedom of Association and the Right to Collective Bargaining

The law, related regulations, and statutory instruments provide workers with the right to form and join independent unions of their choice, bargain collectively, and conduct legal strikes. The government generally respected these rights. The law allows unions to conduct their activities without interference and prohibits antiunion discrimination. Both employees and employers have the right to request that labor dispute committees, consisting of representatives of unions and employers, or the courts resolve individual labor disputes. The law prohibits discrimination against employees because of union membership and requires the reinstatement of workers fired for union activity. Public-sector employees do not have the right to strike, but they can negotiate their salaries and working conditions directly with their employers.

The government generally enforced applicable laws. Resources, inspections, and remediation were usually adequate to achieve compliance with the law. In most cases, violators incurred fines that were sufficient to deter violations. Criminal proceedings and civil claims were also available and penalties were commensurate with those for other laws involving denials of civil rights. The penalties employers had to pay were related primarily to workplace accidents and occupational illnesses. Administrative and judicial procedures were not subject to lengthy delays.

The government and most employers generally respected freedom of association and the right to bargain collectively. Parties freely engaged in collective bargaining, and there were no reports that the government or other parties interfered in the functioning of workers’ organizations.

The Confederation of Estonian Trade Unions alleged frequent violations of trade union rights in the private sector during the year. Confederation officials claimed antiunion behavior was widespread. They also reported that some enterprises advised workers against forming trade unions, threatening them with dismissal or a reduction in wages if they did, or promising benefits if they did not.

b. Prohibition of Forced or Compulsory Labor

The law prohibits forced or compulsory labor, and the government effectively enforced the law. Authorities prosecuted and convicted three persons for labor-related trafficking crimes during the year. Penalties for human trafficking and forced-labor offenses were commensurate with those for other analogous serious crimes, but sentences often failed to reflect the seriousness of the crime.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. In most cases, the legal minimum age for employment is 18. Minors who graduated from basic school may work full time. Children who are 15 to 17 may work, depending on whether they are still at school. Seven- to 12-year-old children may engage in light work in the areas of culture, art, sports, or advertising with the consent of the Labor Inspectorate. Minors may not perform hazardous work, such as handling explosive substances or working with wild animals. The law limits the hours that children may work and prohibits overtime or night work. The Labor Inspectorate is responsible for enforcing these laws. The government effectively enforced laws and policies to protect children from exploitation in the workplace. Penalties were commensurate with those for analogous serious crimes. The Labor Inspectorate monitored whether the conditions for child workers were appropriate.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in employment and occupation. The government generally enforced the law, and penalties were commensurate with those under laws related to civil rights. If workers claimed discrimination and turned to the courts, and the Labor Inspectorate or gender equality commissioner and the appropriate institution found the suit justified, workers were indemnified by employers. Labor laws and regulations require employers to protect employees against discrimination, follow the principle of equal treatment, and promote equal treatment and gender equality. Nevertheless, discrimination in employment or occupation occurred with respect to age, gender, disability, ethnicity, and language (see section 6), and there were complaints to the gender and equal treatment commissioner, the legal chancellor, and the Labor Inspectorate.

Although women have the same rights as men under the law and are entitled to equal pay for equal work, employers did not always respect these rights. Despite having a higher average level of education than men, according to government statistics, women’s average earnings per hour were 17.1 percent lower than those of men. There continued to be female- and male-dominated professions. Women constituted one-third of mid-level managers.

Fewer than 25 percent of persons with disabilities had jobs. During the year the legal chancellor and the commissioner for gender equality and equal treatment received claims of discrimination based on disability. Persons with disabilities faced discrimination in employment and access to the workplace.

Russian speakers worked disproportionately in blue-collar industries and continued to experience higher unemployment than ethnic Estonians. Some citizens and noncitizen residents, particularly native speakers of Russian, alleged that the language requirement resulted in job and salary discrimination. Roma reportedly faced discrimination in employment (see section 6, Members of National/Racial/Ethnic Minority Groups).

e. Acceptable Conditions of Work

The national monthly minimum wage was higher than the poverty income level. Authorities generally enforced minimum wage laws, and penalties were commensurate with those for similar violations.

The standard workweek is 40 hours. The law requires a rest period of at least 11 hours in sequence for every 24-hour period. Reduced working time is required for minors and for employees whose work is underground, poses a health hazard, or is of an otherwise special nature. The law provides for paid annual holidays and requires overtime pay of not less than 150 percent of the employee’s hourly wage. The government effectively enforced these requirements and penalties were commensurate with those for similar crimes. There is no prohibition against excessive compulsory overtime.

The government sets occupational health and safety standards. Authorities generally enforced occupational health and safety standards in all sectors. The Labor Inspectorate, the Health Protection Inspectorate, and the Technical Inspectorate were responsible for enforcing these standards and made efforts to do so in both the formal and informal sectors. Violations of health and safety standards were more common in the construction and wood-processing industries. The Labor Inspectorate had an adequate number of inspectors to enforce compliance. Inspectors have authority to make unannounced inspections and initiate sanctions. Penalties for violations were commensurate with those for similar crimes. Men from Ukraine experienced labor exploitation, particularly in the construction sector, where “envelope wages” (nontaxed cash payments) were sometimes paid. In May the government passed legislation designed to prevent this form of labor exploitation. An estimated 8 percent of wage payments during the year were informal. Officials reported six fatal workplace accidents during the first eight month of the year and 535 other accidents that led to serious injury during the same period.

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

There were no reports that the government or its agents committed arbitrary or unlawful killings. If police in one municipality kill a person, police in another municipality investigate whether the killing was justified. The director of investigation serves as the prosecutor in such cases.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices, and there were no reports that government officials employed them.

Prison and Detention Center Conditions

There were no significant reports regarding prison or detention center conditions that raised human rights concerns.

Physical Conditions: There were no major concerns in prisons and detention centers regarding physical conditions or inmate abuse.

Administration: Authorities conducted proper investigations of credible allegations of mistreatment.

Independent Monitoring: The government permitted monitoring visits by independent human rights observers. From September 7 to 18, a delegation from the Council of Europe’s Committee for the Prevention of Torture visited the country. The report on the visit was not yet published by year’s end.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed these requirements.

Arrest Procedures and Treatment of Detainees

The law requires police to have a warrant issued by a prosecutor to make an arrest. Police must obtain a warrant within three days if an individual is arrested while committing a crime. Arrested persons must receive a court hearing within three days of arrest, and police must promptly inform detainees of the charges against them. Authorities respected most of these rights. Before trial most defendants awaiting trial are eligible for conditional release on personal recognizance. Detainees generally have access to a lawyer promptly after arrest. Persons detained for “minor” criminal offenses, however, do not have a right to an attorney from the outset of detention or prior to interrogation. The government must provide lawyers for the indigent.

e. Denial of Fair Public Trial

The constitution and law provide for an independent judiciary, and the government generally respected judicial independence and impartiality.

Trial Procedures

The constitution and law provide for the right to a fair and public trial, and an independent judiciary generally enforced this right.

Defendants are presumed innocent until proven guilty. Authorities generally informed detainees promptly and in detail of the charges against them. Trials are fair and public, and take place without undue delay. Defendants have a right to be present at their trial and to consult an attorney of their choice in a timely manner before trial. The government provides attorneys at public expense if defendants cannot afford counsel. Authorities give defendants adequate time and facilities to prepare their defense. Defendants are provided free interpretation as necessary from the moment an individual is charged through all appeals. They may confront and question witnesses for the prosecution and present witnesses and evidence on their own behalf. Defendants may not be compelled to testify or confess guilt and have the right of appeal.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

Individuals or organizations may seek civil remedies through domestic courts for human rights violations. After they exhaust all avenues of appeal in national courts, persons and organizations may appeal court decisions involving alleged violations of the European Convention on Human Rights to the European Court of Human Rights (ECHR).

Property Restitution

The government reports Finland did not confiscate property belonging to Jews during the Holocaust era, that Holocaust-era restitution has not been an issue, and that no litigation or restitution claims were pending before authorities regarding real or immovable property covered by the Terezin Declaration, which the government endorsed.

The Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 29, 2020, can be found on the Department’s website: https://www.state.gov/reports/just-act-report-to-congress/.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution and law prohibit such actions, and there were no reports that the government failed to respect these prohibitions.

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Freedom of Speech: Public speech intended to incite discrimination against any national, racial, religious, or ethnic group is a crime. Hate speech is not a separate criminal offense but may constitute grounds for an aggravated sentence for other offenses.

Freedom of Press and Media, Including Online Media: The distribution of hate material intended to incite discrimination against any national, racial, religious, or ethnic group in print or broadcast media, books, or online newspapers or journals is a crime.

Independent media were active and expressed a wide variety of views with little restriction.

Nongovernmental Impact: Journalists who covered sensitive topics, including immigration, far-right organizations, and terrorism, reported harassment by private entities, including being targeted for defamation.

On January 10, the Helsinki District Court denied journalist Jessikka Aro’s application for a restraining order against Panu Huuhtanen and Tiina Keskimaki, whom she accused of harassment. Aro alleged that since 2018 the individuals harassed her online following her reporting on Russian disinformation activities, causing her fear and anxiety. The court acknowledged that the behavior of the individuals caused Aro fear but reasoned that the actual threat posed to Aro during speaking and other public engagements was not serious enough to warrant abridging the free speech rights of the two individuals. Previously Aro had been the target of a sustained, intense harassment campaign because of her work for which two other persons were convicted.

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports the government monitored private online communications without appropriate legal authority.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, and the government generally respected these rights.

c. Freedom of Religion

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

d. Freedom of Movement

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The government continued to accept returned asylum seekers who had first entered in the country but then moved on to other European countries according to the Dublin Regulation. Transfers were suspended between March and May during the height of the COVID-19 pandemic.

The Human Rights Center stated that the government communicated poorly during the COVID-19 pandemic by issuing strongly worded recommendations concerning internal and cross-border travel that were broadly interpreted as legally binding rules. Under existing law the government may only recommend travel limitations for Finnish citizens.

Between March 28 and April 15, the government closed the borders of the Uusimaa region and blocked exit and entry with police officers. The parliamentary ombudsman investigated border controls and found police issued 117 fines, 159 warnings, and turned away 4,383 persons. The report concluded that police issued several unjustified fines for attempts to cross the regional border since, according to the law, attempts to violate movement restrictions are not punishable.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

Refoulement: In November 2019 the ECHR ruled that the government violated the European Convention on Human Rights when it deported an Iraqi man to his country of origin, where he was allegedly killed three weeks later. Based on information subsequently received from Iraqi authorities, police believe he faked his own death after returning to Iraq.

The number of Russian-origin members of Jehovah’s Witnesses applying for asylum based on alleged religious persecution declined significantly. The Finnish Immigration Service rejected most of the claims by members of Jehovah’s Witnesses, and unofficial reports indicated that asylum adjudicators did not consider membership in the church alone to be sufficient basis for an asylum claim. Over 50 cases of Jehovah’s Witnesses asylum applicants were pending before the Supreme Administrative Court. Some Jehovah’s Witnesses applicants whose appeals have been denied have already returned to Russia voluntarily.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. Parliament sets an annual quota for refugee admissions, and the government decides its allocation. Asylum seekers have the right to free legal representation throughout their application procedure. According to civil society organizations, asylum seekers continued to lack adequate access to legal assistance during the initial stages of the asylum application process and during subsequent appeals. The Human Rights Center, a public institution affiliated with the parliamentary ombudsman, stated that minor improvements in legal assistance to asylum applicants were made during the year, including greater incentives for lawyers to represent applicants and quality controls instituted by the Finnish Immigration Service in the handling of asylum applications.

On July 8, 24 unaccompanied children arrived from Greece. They were being processed as unaccompanied asylum seekers.

Safe Country of Origin/Transit: The government adheres to the EU’s Dublin III Regulation that establishes which EU member state is responsible for examining an asylum application.

Durable Solutions: According to the Finnish Immigration Service, in addition to the parliamentary quota, the government accepted 750 refugees for resettlement in 2019 under the EU’s refugee relocation program. The government also assisted in the safe, voluntary return of migrants to their home countries.

Temporary Protection: From January to August, the government provided temporary protection to 289 individuals who did not qualify as refugees but who were deemed to qualify for subsidiary protection. During the same period, the government also offered protection to 125 individuals based on “other grounds,” including medical and compassionate grounds.

g. Stateless Persons

According to the UNHCR, 2,801 stateless persons resided in the country at the end of 2019. Involuntarily stateless persons and certain other special groups, such as refugees, have a shorter residency requirement–four years instead of six–than other persons before they are eligible to apply for citizenship. A child may obtain citizenship from either the mother or father regardless of the child’s place of birth and may also acquire citizenship if the child is born in the country and would otherwise be stateless.

The constitution and law provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: The country’s national parliamentary election in April 2019 and the presidential election in 2018 were considered free and fair. In January 2019 an evaluation by the Office of Democratic Institutions and Human Rights (ODIHR) of the Organization for Security and Cooperation in Europe found evidence that preparations for the election were sufficiently transparent that the ODIHR did not recommend deploying any observers for the April election itself, although it noted a need to review campaign finance limits, self-reporting of financing, and access to the polls for persons with disabilities. The Office of the Parliamentary Ombudsman issued a similar call for greater accessibility at polling sites.

Participation of Women and Members of Minority Groups: No laws limit participation of women and members of minorities in the political process, and they did participate.

The law provides criminal penalties for corruption by officials, and the government generally implemented these laws effectively. There were isolated reports of government corruption during the year.

Financial Disclosure: By law, appointed and elected officials must each year declare their income, assets, and other private interests that could overlap with their official duties. Officials must make their initial declaration within two months of assuming office and declare any potential conflicts of interest that arise during their tenure. The law does not provide for specific criminal penalties for nondisclosure. By law income and asset information from the tax forms of all citizens must be made public each year.

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials often were cooperative and responsive to their views.

Government Human Rights Bodies: The parliamentary ombudsman enjoyed the government’s cooperation, operated without government or party interference, and had adequate resources. The parliamentary ombudsman investigates complaints that a public authority or official failed to observe the law, fulfill a duty, or appropriately implement fundamental human rights protections.

The Human Rights Center operates as part of the parliamentary ombudsman’s office. The center’s functions include promoting human rights, reporting on the implementation of human rights obligations, and cooperating with European and international bodies on human rights matters. The center does not have authority to investigate individual human rights abuses. A delegation of representatives from civil society who participated in promoting and safeguarding human rights frequently cooperated with the center.

The parliamentary Constitutional Law Committee analyzes proposed legislation for consistency with international human rights conventions. The committee deals with legislation relating to criminal and procedural law, the courts, and the prison system.

The law requires the ombudsman for children, the nondiscrimination ombudsman, and the ombudsman for equality impartially to advance the status and legal protection of their respective reference groups. These ombudsmen operate under the Ministry of Justice. Responsibility for investigating employment discrimination rests solely with the Occupational Safety and Health Administration in the Ministry of Social Affairs and Health.

Responsibility for developing antidiscrimination policies and legislation as well as for the Advisory Board for Ethnic Relations resides with the Ministry of Justice’s Unit for Democracy, Language Affairs, and Fundamental Rights. The Advisory Board for Ethnic Relations advocates for policy changes to improve integration.

The nondiscrimination ombudsman also operated as an independent government-oversight body that investigates discrimination complaints and promotes equal treatment within the government. The nondiscrimination ombudsman also acted as the national rapporteur on trafficking in human beings and supervised the government’s removal of foreign nationals from the country.

Women

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

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

The current legal definition of rape emphasizes intentional violence, which civil society organizations alleged leads courts to find assailants not guilty in cases where the coercion was less explicit. In addition police must inquire about a party’s willingness to participate in reconciliation, which is usually engaged in before the case proceeds to the prosecutor. Reconciliation may be grounds for the prosecutor not to press charges, but even reconciliation where a mutual agreement has been reached does not prevent the prosecutor from pressing charges.

Violence against women, including spousal abuse, continued to be a problem. The Finnish branch of Amnesty International estimated that more than 100,000 persons experienced violence annually in the country and that 76 percent of the victims were women. According to Amnesty International, only 10 percent of these incidents were reported to authorities and most of those reported did not lead to prosecution. While police are obligated to investigate domestic violence cases, most of the cases are referred to a mediator after which point the police do not closely track the cases. The situation created by the COVID-19 pandemic led to an increase in incidents of domestic violence, and the economic pressures the pandemic placed on the government led to a proposed 33-percent reduction in funding for civil society groups engaged with domestic violence and social health in the most recent government budget proposal. The ombudsman for equality at the Ministry of Justice highlighted problems with access to domestic violence shelters in remote rural areas.

The government funds shelters specifically for victims of domestic violence. The number of shelters increased to 29 from 28 in 2019 and the number of places available in shelters throughout the country increased to 211 from 179 in 2018. The number of clients assisted by shelters increased by 6 percent compared with 2018. The Finnish branch of Amnesty International highlighted the need for additional shelters for victims of intimate partner violence, stating that 550 places were needed to support the number of victims properly and that some rural areas had very few shelters and insufficient space in those shelters. The Human Rights Center, a national human rights institution affiliated with the Office of the Parliamentary Ombudsman, acknowledged the problem.

Female Genital Mutilation/Cutting (FGM/C): FGM/C is treated as aggravated assault under the law and may be punished with imprisonment or deportation. Taking a girl living in the country abroad for FGM/C is also considered a crime. The government generally enforced the law. A school health survey released by the Department of Health and Welfare (THL) in June found that 0.2 percent of girls attending high school or vocational school had undergone FGM/C and that at least 10 girls who answered the questionnaire were mutilated in Finland. The population that most reported having undergone FGM/C were Somali-born residents of the country. THL experts believed that the practice decreased over recent years among the country’s residents.

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

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children; and to manage their reproductive health. They had access to the information and means to do so, free from discrimination, coercion, or violence. 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 law provides for the same legal status and rights for women as for men. The government enforced the law effectively. The ombudsman for equality at the Ministry of Justice highlighted problems with workplace discrimination against pregnant women.

Children

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

Child Abuse: The law prohibits child abuse, defining children as individuals younger than age 16. Child negligence and physical or psychological violence carry penalties of up to six months in prison and up to two years in prison, respectively. Sexual abuse of a child carries a minimum penalty of four months imprisonment and a maximum of six years. The law defines rape of a minor (younger than 18) as aggravated rape. Rape of a child carries a minimum penalty of two years’ imprisonment and a maximum of 10 years. Aggravated rape of a child carries a minimum penalty of four years imprisonment and a maximum of 12 years.

Child, Early, and Forced Marriage: The minimum age of marriage is 18; the law disallows marriage of individuals under that age. An increase in the number of forced marriages continued. In the first half of the year, the Victims of Trafficking Assistance System reported 23 new cases of forced marriage (no gender breakdown provided). In 2019 the National Assistance System for Victims of Human Trafficking assisted 52 individuals (50 women/girls and two men/boys), more than double the number from 2018, considered to have been subjected to forced marriage. Many of these marriages occurred when the victim was underage.

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

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

From January to July, there were 980 reported cases of child exploitation, compared with 1,000 cases during the same period in 2019. In June police passed to prosecutors a case involving a man suspected of multiple counts of aggravated sexual abuse of a child, aggravated child rape, and the possession and dissemination of indecent images of children. All of the more than 30 victims identified as of September were girls between ages eight and 14.

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

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

On January 27, International Holocaust Remembrance Day, the neo-Nazi group Towards Freedom! (Kohti Vapautta! in Finnish) claimed to burn an Israeli flag during a rally in Tampere. Police from the Central Finland Police Department subsequently announced that they were considering the flag burning a case of illegal ethnic agitation. On the same day, the synagogue in Turku was defaced with red paint. Police were investigating the incident as a property damage case but have made no arrests. President Sauli Niinisto and other government officials denounced the incidents in official statements.

On January 31, vandals defaced the building housing, inter alia, the Embassy of Israel with stickers of the banned Nordic Resistance Movement (NRM). The same night similar stickers were also placed on the synagogue of Helsinki’s Jewish Congregation. Similar incidents have happened numerous times in the past two years; police made no arrests in these incidents. The government provided funding for the security of the Helsinki synagogue. Representatives of the Jewish community reported feeling under threat and specifically targeted due to their beliefs.

The public broadcaster YLE reported that in April in Hamina, one tombstone was overturned and swastika painted on a second in a cemetery for Jewish officers of the Russian military in the 1800’s. On May 1, in nearby Kotka, a statue of Vladimir Lenin was vandalized with graffiti of the Star of David and the words “Mass murderer.” Police arrested a single suspect for both acts but released him for lack of evidence.

On September 21, the Supreme Court affirmed in a final decision the police’s banning of the NRM. The court found the organization’s activities were contrary to the constitution and laws. After an investigation, the National Bureau of Investigation (NBI) concluded that nine of the NRM’s members appeared in a new group Toward Freedom!. The NRM’s Finnish-language website came back into operation during the year and was still active at year’s end. Public displays of the NRM’s symbol decreased in frequency, although members continued to spray graffiti. These individuals held events in multiple cities and recruited new members for the Towards Freedom! group.

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 and law prohibit discrimination against persons with disabilities in all fields, including the provision of government services. The government effectively monitored compliance with these laws and implemented enforcement actions. The parliamentary ombudsman received more than 700 complaints over the government’s handling of the COVID-19 pandemic, many of which concerned access to disability services.

According to civil society groups, municipalities frequently break the law on the provision of disability services and in many cases do not budget enough money to provide such services. Allegedly municipalities routinely provided only the minimum services required by legislation regardless of the actual need for services. Sometimes services were denied, and the person with disabilities was instructed to appeal the decision, since an appeal lengthens the process of granting services. Representatives for the Association of Finnish municipalities claimed that many of these problems were due to labor shortages in municipal government and not due to intentional bias.

An expert from a civil society group asserted that legislation and practices surrounding mentally disabled persons’ labor and daily activities needed comprehensive reform. Conflicts between social welfare legislation and labor legislation created conditions where businesses could employ persons with disabilities for rehabilitative work without pay. The system does not take into consideration that individuals with intellectual disabilities are often capable of full- or part-time wage-labor on the same basis as others. Social welfare legislation defines labor activities as maintaining and improving capabilities, and a municipality may grant tax-free pay of between zero and 12 euros ($14.40) an hour for such activities. If the work requires guidance, it is seen as a daily activity rather than labor, meaning an employee may not receive even food in exchange for hours of work. The Ministry of Social Affairs and Health has acknowledged that too many persons with intellectual disabilities are not paid for their work.

In June parliament passed legislation requiring assisted-living facilities to have 0.7 caretakers per resident. The change will take place incrementally, starting with 0.5 caretakers per resident by October and coming fully into effect by April 2023. The legislative change followed findings that many such facilities were understaffed and unable to assist residents adequately during the night.

Members of National/Racial/Ethnic Minority Groups

The law specifically prohibits discrimination on the basis of origin and nationality. In June the ombudsman for equality reported that 80 percent of respondents with an African background experienced discrimination because of their skin color, 67 percent encountered discrimination or harassment in education, 60 percent encountered discrimination in the workplace, and 27 percent also experienced physical violence. Over one-half of the respondents answering the survey said they had not reported the discrimination to authorities due to their belief that reporting harassment would not accomplish anything.

Roma continued to face discrimination in all social sectors and were often targeted by law enforcement and security officials. The chief inspector of the ombudsman for equality confirmed in June that security officials, including police, have been observed profiling and discriminating against people based on ethnicity. The statement confirmed the key finding of a 2018 study that found that police officers, security guards, border agents, and customs officers targeted minorities due to ethnic background or skin color.

According to the Program for International Student Assessment of the Organization for Economic Cooperation and Development, an immigrant background disproportionally influenced educational results for students. According to a university researcher, students are often placed in Finnish-as-a-second-language classes regardless of their Finnish proficiency if their native language on record is something other than Finnish or if they have a “non-Finnish” name.

The nondiscrimination ombudsman is responsible for responding to complaints of discrimination and regularly mediated between business owners, government agencies, and public service providers regrading treatment of customers and clients. The Ministry of Justice also responds to complaints of discrimination.

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

Indigenous People

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

A report issued by the Sami parliament in February found that the linguistic rights of the Sami are not realized in the way intended by the constitution and the Sami Language Law. Deficiencies related to the number of Sami language personnel, accessibility of services, and the fact that, against the provisions of the Sami Language Law, Sami people must still separately invoke their linguistic rights for them to be recognized. Speakers of Inari Sami and Skolt Sami are in the most vulnerable positions, according to the report. In addition, as services are moved online and to centralized service telephone lines, authorities did not take into consideration the possibility of accessing these services in the Sami language. The funds appropriated for Sami language social and health care have not been indexed to inflation since 2004, and there were fears that social and health-care reform could further deplete services. There was also poor availability of Sami language pre-Kindergarten personnel, and the funding of Sami language pre-Kindergarten programs was inadequate.

The ombudsman for gender equality stated that Sami victims of domestic violence were at a disadvantage in accessing public shelters due to the long distances between population centers in the northern part of the country.

Sami objected to plans to develop an Arctic railway running from Helsinki to the northern border, citing the railway’s potential impact on natural resources critical for their livelihoods, including reindeer-herding land and Arctic nature tourism. The proposed railway remained on the zoning map released by the Regional Council of Lapland.

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

The law prohibits discrimination based on gender identity, gender expression, or sexual orientation in housing, employment, nationality laws, and access to government services, and the government enforced the law.

The law requires that a transgender person present a medical statement affirming the individual’s gender identity and a certificate of infertility before the government may legally recognize their gender identity. In addition to the requirement that an individual submit to sterilization, activists criticized the duration of the legal process, stating it may take up to three years to obtain identity documents with the new gender markers. Trafficking authorities and civil society stated they have no specialized services for transgender victims of trafficking and are unaware of their status among the trafficking-victim population.

While the law prohibits “conversion therapy” in medical settings, it continued to be practiced privately, most commonly in religious associations. The media reported that the Christian organization Journey Finland continued to practice conversion therapy.

Other Societal Violence or Discrimination

On September 11, the NBI arrested two men with links to far-right groups on suspicion of the attempted murder of the Finns Party election manager for Central Finland, Pekka Kataja. Kataja was attacked at his home on July 17 and suffered a fractured skull, cerebral hemorrhage, and broken ribs and fingers, told the press that he suspected far-right involvement in his attack because he had enemies in far-right groups. According to press reports, the detained men, Teemu Torssonen, a Jyvaskyla city council and city board member, and self-proclaimed ethno-nationalist Tero Ala-Tuuhonen, both had links to far-right groups, including the NRM. Kataja said he prevented Torssonen from running as a Finns Party parliamentary candidate in 2019 and in May expelled him from the party because of his extremism. Ala-Tuuhonen was also reportedly a leading figure in the far-right group Soldiers of Odin.

In February, Oulu city councilor Junes Lokka was fined for two counts of ethnic agitation. The city’s district court found that two online videos Lokka had posted in 2016 violated laws on human dignity and religious freedom by depicting Muslims and other immigrants as being inferior to others. One of the videos was a recording of a demonstration in Helsinki featuring anti-immigrant and Islamophobic speech. The second agitation charge was related to another video defaming immigrants and Muslims. Lokka had a previous conviction for ethnic agitation.

In November the Pirkanmaa District Court convicted and fined for ethnic agitation two members of the Finns Party’s youth wing, Toni Jalonen, the former deputy chairman of the Finns Party youth arm, and Johannes Sipola, chairman of the Finns Party’s Lapland chapter during the 2019 European election campaign. During that campaign, they published on Twitter a picture of a dark-skinned family with the text “Vote for the Finns Party so that Finland’s future won’t look like this.” A Facebook post during the same campaign included two figures dressed in black burkas with the accompanying text “Do you want our country to look like this? Don’t stay sleeping. Vote.” The court found that images and text published by the organization constituted incitement to ethnic hatred and were not acceptable as political speech. The tweet led the Ministry of Education and Culture to cancel and move to recover state funding granted to the organization. The youth organization appealed that decision in the administrative courts but filed for bankruptcy in June.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right to form and join independent unions, bargain collectively, and conduct legal strikes. The law prohibits antiunion discrimination and reinstatement of workers fired for union activity.

The government effectively enforced all applicable laws regarding the freedom of association and the right to collective bargaining. Workers without permanent residence may not be eligible to join voluntary unemployment insurance funds. Employers who violate the rights of employees to organize and retain employee representatives may face administrative measures, legal proceedings, and fines. The penalties were generally commensurate with those for similar crimes. Authorities and employers generally respected freedom of association and the right to collective bargaining, and there were no reports of violations. All workers, regardless of sector union membership, or nationality, are entitled to the same wages negotiated between employers and trade unions via generally applicable collective agreements.

The law does not permit public-sector employees who provide “essential services,” including police officers, firefighters, medical professionals, and border guards, to strike. An official dispute board may make nonbinding recommendations to the cabinet on ending or limiting the duration of strikes when they threaten national security. Employees prohibited from striking may use arbitration to provide for due process in the resolution of their concerns.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The government effectively enforced the law. Penalties for forced or compulsory labor depend on the severity of the crime and were generally commensurate with those for similar crimes. Despite strong penalties for violations, some cases of persons subjected to conditions of forced labor in the country were reported during the year.

Men and women working in the restaurant, cleaning, construction, and agriculture industries were the most likely to face conditions of forced labor. The sexual services sector, legal in certain circumstances, also saw incidences of trafficking and forced labor.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all of the worst forms of child labor but allows persons between ages 15 and 18 to enter into a valid employment contract as long as the work does not interrupt compulsory education. It provides that workers ages 15 to 18 may not work after 10 p.m. or under conditions that risk their health and safety, which the Ministry of Social Affairs and Health defines as working with mechanical, chemical, physical, or biological hazards or bodily strain that may result from lifting heavy loads.

Penalties for violations of child labor regulations are commensurate with those for other similar crimes. The Ministry of Economic Affairs and Employment effectively enforced child labor regulations. There were no reports of children engaged in work outside the parameters established by law.

d. Discrimination with Respect to Employment and Occupation

The law broadly prohibits employment discrimination. Penalties for violations are commensurate with those for other similar crimes. The government effectively enforced applicable laws against employment discrimination.

The Occupational Safety Administration (OSHA) received 500 reports of workplace discrimination in 2019. Of the 180 reports that resulted in further inspection, 9 percent concerned ethnicity, nationality, language, or religion, a number similar to previous years, 9 percent concerned age discrimination, and 4 percent concerned disability.

e. Acceptable Conditions of Work

While there is no national minimum wage law, the law requires all employers, including nonunionized employers, to pay the minimum wages stipulated in collective bargaining agreements. Authorities adequately enforced wage laws.

The standard workweek established by law is no more than 40 hours of work per week with eight hours work per day. Because the law does not include a provision regarding a five-day workweek, regular work hours may, at least in principle, span six days. The regular weekly work hours may also be arranged so that the average is 40 hours during a period of no more than 52 weeks. Certain occupations, such as seamen, household workers, road transport workers, and workers in bakeries, are subject to separate workweek regulations. The law entitles employees working shifts or during the weekend to one 24-hour rest period per week. The law limits a worker to 250 hours of overtime per year and 138 overtime hours in any four-month period.

The Ministry of Economic Affairs and Employment is responsible for labor policy and implementation, drafting labor legislation, improving the viability of working life and its quality, and promoting employment. The Ministry of Social Affairs and Health is responsible for enforcement of labor laws and regulations. In addition OSHA enforces appropriate safety and health standards and conducts inspections at workplaces. Individuals who commit work safety or working hours’ offenses are subject to penalties commensurate with similar crimes. The center informs employers of inspections in advance unless a surprise inspection is necessary for enforcement purposes. A subsequent inspection report gives employers written advice on how to remedy minor defects. In the case of serious violations, the inspector issues an improvement notice and monitors the employer’s compliance. When necessary, OSHA may issue a binding decision and impose a fine. If a hazardous situation involved a risk to life, an inspector could halt work on the site or issue a prohibition notice concerning the source of risk. Workers could remove themselves from situations that endanger health or safety without jeopardy to their employment.

Authorities adequately enforced wage and overtime laws. Government resources, inspections, and penalties were adequate to deter most violations.

The law requires employees to report any hazards or risks they discover in working conditions, including in machinery, equipment, or work methods. The law also requires employees, where possible, to correct dangerous conditions that come to their attention. Such corrective measures must be reported to the employer.

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

There were no reports that the government or its agents committed arbitrary or unlawful killings. Mechanisms to investigate security force killings and pursue prosecutions include the police disciplinary body, the Inspector General of the National Police (IGPN), the Gendarmerie police disciplinary body, the Inspector General of the National Gendarmerie (IGGN), and a separate and independent magistrate that can investigate police abuses.

As of November 20, the country had experienced seven terrorist attacks during the year in Paris, Metz, the southeastern town of Romans-sur-Isere, Conflans-Sainte-Honorine, and Nice. A total of seven persons were killed and 12 injured. Each attack was carried out by a single individual. Police killed three attackers, injured one, and arrested three others for the attacks. In one of the attacks on January 3, for example, a man stabbed several persons in the Parisian suburb of Villejuif while reportedly yelling “Allahu akbar.” He killed one person and injured two others before police killed him. The national antiterrorist prosecutor’s office (PNAT) took jurisdiction of the investigation due to the suspect’s evident radicalization and planning for the attack. On October 29, a Tunisian terrorist killed three Christian worshippers in a church in Nice.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

While the constitution and law prohibit such practices, there were a number of accusations that security and military personnel committed abuses.

On March 24, the Council of Europe’s Committee for the Prevention of Torture (CPT) published a report on its 2018 visit to examine the treatment and conditions of persons detained under immigration and asylum law. In each of the five administrative detention centers visited, a small number of persons claimed to have been physically abused by border police officials, most often in the context of verbal altercations. Several persons also reported insults, in particular of a racist nature, and disrespectful remarks on the part of border police officials, in the detention centers and in the waiting area (terminals and ZAPI 3) of the Roissy-Charles-de-Gaulle airport.

During the year there were reports that police used excessive force during regular antigovernment demonstrations by “Yellow Vest” protesters over perceived social inequality and loss of purchasing power, demonstrations against pension reforms in late 2019 and at the beginning of the year, and protests against alleged police racism and brutality. The annual report of the Inspector General of the National Police (IGPN), published on June 8, found that the number of investigations carried out by the inspectorate increased by nearly a quarter, compared with the same period in 2019. More than half of the 1,460 investigations pertained to “willful violence” by officers, a 41 percent increase from 2018, while nearly 39 percent of the cases of alleged police use of force pertained to public demonstrations. The report noted that the Yellow Vest protests had led to “an overload for the IGPN” with 310 related complaints.

On July 16, judicial sources announced three police officers were charged with manslaughter after the January death of a Paris delivery driver from asphyxia during his arrest by police. A fourth police officer was under investigation but had not been charged. The victim, Cedric Chouviat, was stopped by police close to the Eiffel Tower on January 3 in a routine traffic stop. In a video acquired by investigators, Chouviat was heard saying, “I’m suffocating,” seven times in 22 seconds as police held him down, allegedly in a chokehold.

Following several protests across the country against police violence and racism, on June 8, then interior minister Castaner announced adoption of new measures, including banning police use of chokeholds, improving and continuing training, requiring law enforcement officers to make their police identification number visible, increasing the use of body cameras, suspending officers under investigation for racism, and strengthening the IGPN to make it more “coherent” and independent.

Prison and Detention Center Conditions

While prisons and detention centers met international standards, credible NGOs and government officials reported overcrowding and unhygienic conditions in prisons.

Physical Conditions: As of July 1, the overall occupancy rate in the country’s prisons stood at 97 percent (58,695 prisoners for 60,592 spaces), with the rate at some facilities reaching 150 percent. Due to COVID-19 prevention measures, the number of prisoners hit a record low, the first time in decades the overall prison population was below capacity.

On May 20, the Ministry of Justice released an internal memo directing its prosecutors and judges to apply fully a March 25 legal reform that limits new prison entries and ensures the prison population remains within capacity. The internal memo requires “sustained mobilization in favor of penalty adjustment,” which in practice leads to curtailing some sentences as they near completion and limits courts’ ability to apply short prison sentences.

NGOs agreed that detention conditions for women were often better than for men because overcrowding was less common.

The CPT visited five administrative detention centers, four waiting areas, and the Franco-Italian border to examine the situation of persons not admitted to French territory. In its March 24 report, the CPT expressed concern regarding the austerity of the facilities, the absence of activities for detainees, and the lack of contact with staff. The visit to the “sheltering” premises at a police station in Menton-Pont-Saint-Louis for detained migrants revealed substandard physical conditions. A small number of detainees also claimed to have been subjected to violence by codetainees.

Overcrowding in overseas territories tracked the national trends. The Ministry of Justice reported in July that the occupancy rate for all prisons in overseas territories was 100 percent and reached 149 percent at the Faa’a Nuutania prison in French Polynesia.

On January 30, the European Court of Human Rights ruled the state violated protections in the European Convention on Human Rights against inhuman and degrading treatment by allowing overcrowding and unsanitary conditions in its prisons after it heard complaints from 32 inmates held in prisons in Nice, Nimes, and Fresnes as well as the overseas territories of Martinique and French Polynesia. In response to the decision, the Supreme Court issued a ruling on July 8 that allows judges to release prisoners when they determine detention conditions to be degrading. The Supreme Court reversed case law, ruling that it was up to the judge to ensure adequate detention conditions and that if conditions violating human dignity could not be remedied, the judge should order the prisoner’s immediate release.

Administration: Authorities generally conducted proper investigations of credible allegations of mistreatment.

Independent Monitoring: The government permitted prison visits by independent human rights observers, both local and foreign. In addition to periodic visits by the CPT, the UN Committee against Torture regularly examined prisons. On July 6-10, a CPT delegation carried out an ad hoc visit to assess the situation of persons deprived of their liberty in Alsace, a region particularly affected by the COVID-19 pandemic. The delegation visited various detention facilities and examined measures taken to protect both detainees and staff before, during, and after the two-month COVID-19 lockdown imposed by authorities.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed these requirements, but lengthy pretrial detention remained a problem.

Arrest Procedures and Treatment of Detainees

The law requires police to obtain warrants based on sufficient evidence prior to detaining suspects, but police may immediately arrest suspects caught committing an illegal act. While in police custody, a person has the right to know the legal basis and expected duration of the detention, to remain silent, to have representation by counsel, to inform someone such as a family member or friend, and to be examined by a medical professional. Defense lawyers have the right to ask questions throughout an interrogation. Authorities generally respected these rights.

The law allows authorities to detain a person up to 24 hours if police have a plausible reason to suspect such person is committing or has committed a crime. A district prosecutor has the authority to extend a detention by 24 hours. A special judge, however, has the authority to extend detention by 24-hour periods up to six days in complex cases, such as those involving drug trafficking, organized crime, and acts of terrorism. A system of bail exists, and authorities made use of it.

Detainees generally have access to a lawyer, and the government provides legal counsel to indigent detainees. The law also requires medical examiners to respect and maintain professional confidentiality. The law forbids complete strip searches except in cases where authorities suspect the accused of hiding dangerous items or drugs.

Pretrial Detention: Long delays in bringing cases to trial and lengthy pretrial detention were problems. Although standard practice allowed pretrial detention only in cases involving possible sentences of more than three years in prison, some suspects spent many years in detention before trial. As of July pretrial detainees made up 34 percent of the prison population.

e. Denial of Fair Public Trial

The constitution and law provide for an independent judiciary. The government generally respected judicial independence and impartiality, although delays in bringing cases to trial were a problem. The country does not have an independent military court; the Paris Tribunal of Grand Instance (roughly equivalent to a district court) tries any military personnel alleged to have committed crimes outside the country.

Trial Procedures

The constitution and law provide for the right to a fair trial, and an independent judiciary generally enforced this right. The usual length of time between charging and trial was approximately three years. Defendants enjoyed a presumption of innocence, and authorities informed defendants of the charges against them at the time of arrest. Except for those involving minors, trials were public. Trials were held before a judge or tribunal of judges, except in cases where the potential punishment exceeded 10 years’ imprisonment. In such cases a panel of professional and lay judges heard the case. Defendants have the right to be present and to consult with an attorney in a timely manner. Authorities provided an attorney at public expense if needed when defendants faced serious criminal charges. Defendants were able to question the testimony of prosecution witnesses and present witnesses and evidence in their defense. Authorities allowed defendants adequate time and facilities to prepare a defense. Defendants have the right to remain silent and to appeal. Defendants who do not understand French are provided with an interpreter.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

There is an independent and impartial judiciary in civil matters and access to a court to submit lawsuits seeking damages for, or cessation of, human rights violations. Individuals may file complaints with the European Court of Human Rights for alleged violations of the European Convention on Human Rights by the government once they have exhausted avenues for appeal through the domestic courts.

Property Restitution

France endorsed the Terezin Declaration in 2009 and the Guidelines and Best Practices in 2010. The government has laws and mechanisms in place for property restitution, and NGOs and advocacy groups reported the government made significant progress on resolution of Holocaust-era claims, including for foreign citizens. The country has restitution and reparation measures in place covering all three types of immovable property: private, communal, and heirless.

In 2014 France and the United States signed the bilateral Agreement on Compensation for Certain Victims of Holocaust-Related Deportation from France Who Are Not Covered by French Programs. The agreement provides an exclusive mechanism to compensate persons who survived deportation from France (or their spouse or other designee) but did not benefit from the pension program established by the government for French nationals or from international agreements concluded by the government to address Holocaust deportation claims. Pursuant to the agreement, the government of France transferred $60 million to the United States, which the United States used to make payments to claimants that it determined to be eligible under the agreement.

France endorsed the 1998 Washington Principles on Nazi-confiscated Art and set up a commission to address the restitution of and/or compensation, primarily providing compensation to individual victims or their heirs. As of year’s end, few artworks had been returned, in part because France had not yet passed a law permitting state museums to deaccession objects in their collections. Critics contend that restitution was haphazard and that French museums were slow or even loathe to return Nazi-looted art.

The country’s government launched an official mission in 2019 for the discovery and restitution of Nazi-looted art held in French museums. A newly dedicated office within the Ministry of Culture, the Mission for Research and Restitution of Stolen Cultural Property, employed a five-person staff and a 200,000 euro ($240,000) annual budget to seek out the rightful owners or heirs of artworks, including those in museums and galleries, stolen or sold under duress during the country’s occupation. The office coordinated research and investigated claims submitted to the Commission for the Compensation of Victims of Spoliation (CIVS). It also mobilized museum experts, supported university-level research, and aided in the appointment of in-house specialists at art institutions. As of April 2019, the Ministry of Culture did not have the final say on restitution; the authority for final decisions on restitution rests with the Commission for the Compensation of Victims of Spoliation under the Office of the Prime Minister. The separation of authority seeks to address criticisms that museum officials would be reluctant to hand over valuable artwork. The office worked closely with counterparts in Germany, Austria, the Netherlands, and the United Kingdom, in addition to museums and universities. The Ministry of Culture also stated it would take a more active role in the search and restitution of stolen properties.

On July 1, in a final and definitive ruling, the Supreme Court upheld a decision to restore a Camille Pissarro painting to the descendants of a Jewish family who owned the artwork before it was seized during World War II. “The Picking of Peas,” painted in 1887 and stolen in 1943, reappeared in Paris in 2017. A foreign couple claimed to own it, but several courts ruled the work belonged to the descendants of Jewish collector Simon Bauer and ordered its restitution.

On September 30, a Paris appeals court ordered the French state to return three pieces of art to the heirs of a Jewish collector who died in a German concentration camp in 1945. The artworks by Andre Derain were housed at the modern art museum in Troyes and the Cantini museum in Marseille. They had initially been in the collection of Parisian gallery owner Rene Gimpel, who was denounced by a rival dealer after joining the resistance. The works were expropriated when he was arrested. In the ruling, the court overturned the judgment of a lower court that in 2019 rejected a bid for the artworks’ restitution to Gimpel’s heirs. The lower court had found there were doubts regarding the authenticity of the paintings, but appeals judges stated there were “accurate, serious and consistent indications” that the works were the same ones taken from Gimpel.

On September 25, the Council of State–the country’s top administrative court–rejected two travelers’ associations’ claims for restitution of goods looted during World War II. The UDAF and FLV associations asked the Council of State to annul or expand provisions of a 1999 decree that provides compensation for “victims of looting under the anti-Semitic laws.” But in a ruling that closely followed prior decisions, the court found it legal to differentiate between victim groups, because only Jews were subject to a “policy of systematic extermination” under the Nazi occupation and laws.

The Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 29, 2020, can be found on the Department’s website: https://www.state.gov/reports/just-act-report-to-congress/.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution and law prohibit interference with privacy, family, home, or correspondence, and there were no reports of government failure to respect these prohibitions.

The government continued implementing amendments to the law passed in 2015 that allow specialized intelligence agencies to conduct without approval from a judge real-time surveillance on both networks and individuals for information or documents regarding a person identified as posing a terrorist threat. Following passage of the amendments, the Council of State, the country’s highest administrative court that hears cases in first and last instance and is both advisor to the government and the Supreme Administrative Court, issued three implementing decrees designating the agencies that may engage in such surveillance, including using devices to establish geolocation.

To prevent acts of terrorism, the law permits authorities to restrict and monitor the movement of individuals, conduct administrative searches and seizures, close religious institutions for disseminating violent extremist ideas, implement enhanced security measures at public events, and expand identity checks near the country’s borders. The core provisions of the antiterrorism law were to expire at the end of the year unless renewed by parliament.

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, and the government generally respected these rights. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Freedom of Speech: While individuals could criticize the government publicly or privately without reprisal, there were some limitations on freedom of speech. Strict antidefamation laws prohibit racially or religiously motivated verbal and physical abuse. Written or oral speech that incites racial or ethnic hatred and denies the Holocaust or crimes against humanity is illegal. Authorities may deport a noncitizen for publicly using “hate speech” or speech constituting a threat of terrorism.

On June 18, the Constitutional Council invalidated core provisions of the new law against online hate speech, adopted by parliament on May 13. The so-called Avia Law required online platforms to remove within 24 hours the following: hateful content based on race, gender, disability, sexual orientation, and religion; language trivializing genocide or crimes against humanity; and content deemed sexual harassment. Content related to terrorism and child pornography had to be removed within one hour of being flagged by a user. Social media companies faced fines up to 1.25 million euros ($1.75 million) if they failed to remove the content within the required timeframes. The Constitutional Council ruled that these provisions of the law infringed on freedom of speech and were “not appropriate, necessary, and proportionate.”

On June 19, the Constitutional Court found unconstitutional the law against downloading and possessing files that condone or justify terrorism. The judges found it violated freedoms of expression and communication and stated it was duplicative of existing antiterrorist laws. Introduced following the 2015 wave of terrorist attacks, the law was intended to “prevent the indoctrination of individuals susceptible to commit such acts.”

Freedom of Press and Media, Including Online Media: While independent media were active and generally expressed a wide variety of views without restriction, print and broadcast media, books, and online newspapers and journals were subject to the same antidefamation and hate-speech laws that limited freedom of expression.

The law provides protection to journalists who may be compelled to reveal sources only in cases where serious crimes occurred and access to a journalist’s sources was required to complete an official investigation.

Violence and Harassment: In 2019 the NGO Reporters without Borders (RSF) noted growing hatred directed at reporters in the country and an “unprecedented” level of violence from both protesters and riot police directed at journalists during Yellow Vest protests between 2018 and May 2019. The RSF, which reported dozens of cases of police violence and excessive firing of flash-ball rounds at reporters, filed a complaint with the Paris public prosecutor’s office in December 2019. As of year’s end, the investigations were ongoing.

On September 17, Interior Minister Darmanin introduced a new national law-enforcement doctrine aimed at reducing injuries by law enforcement personnel during demonstrations. Certain provisions, including the designation of a referent officer responsible for engaging credentialed members of the press aroused concern from human rights and press organizations, who argued the rules could be used to restrict press access. On September 22, the RSF and 40 media companies requested clarification from Interior Minister Darmanin.

UNESCO’s September report, Safety of Journalists Covering Protests—Preserving Freedom of the Press During Times of Civil Unrest, pointed to the use of flash ball ammunition by French law enforcement agencies as an example of disproportionate use of force. Several journalists were injured by flash balls in 2018, including Boris Kharlamoff, a journalist for the audio press agency A2PRL, who claimed he was hit in the side even though he presented a press badge, and Liberation reporter Nicolas Descottes, who was struck in the face.

Libel/Slander Laws: Defamation is a criminal offense, although it does not carry the possibility of imprisonment as punishment. The law distinguishes between defamation, which consists of the accusation of a particular fact, and insult, which does not.

National Security: The Committee to Protect Journalists raised concerns about police and prosecutors questioning reporters on national security grounds.

Nongovernmental impact: On September 2, to mark the start of the trial of the January 2015 attacks against the satirical magazine Charlie Hebdo, the magazine reprinted on its front page the controversial cartoons of the Prophet Muhammad that led terrorists to target its headquarters. The reprinted cover provoked condemnation from several Muslim countries and threats from al Qaeda. After receiving death threats, Charlie Hebdo senior staffer Marika Bret required police assistance to be exfiltrated from her home on September 14. On September 23, more than 100 news outlets signed an open letter calling for public support of Charlie Hebdo.

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority.

Under the law intelligence services have the power to monitor suspected threats to public order and detect future terrorists. The law also provides a legal framework for the intelligence services’ activities. Laws against hate speech apply to the internet.

In a May 28 report, the Central Office on the Fight against Crimes Linked to Information and Communication Technology announced it had ordered the removal of 4,332 terrorist-related online contents from February to the end of December, 2019, a 57 percent decrease compared with the previous year. Of 30,883 URLs that internet users flagged to authorities, the report noted it assessed 14,327 (46 percent) of them to be illegal, including 656 URLs related to terrorism–a 63 percent decrease from 2018. The office attributed the drop in terrorist-related content to less online publication by terrorist organizations and to successful EUROPOL efforts in countering and preventing terrorist propaganda online. The majority of illegal content the office found related to child pornography.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, subject to certain security conditions, and the government generally respected these rights.

Freedom of Peaceful Assembly

The government enacted security legislation in 2019 that gave security forces greater powers at demonstrations, including the power to search bags and cars in and around demonstrations. It also approved making it a criminal offense for protesters to conceal their faces at demonstrations, punishable by one year in prison and 15,000 euros ($18,000) in fines.

In 2019, 210 persons were detained under a new ban on wearing face coverings to protests, which many did to protect themselves from police tear gas In a report released on September 29, Amnesty International accused authorities of using “vague laws” to crack down on antigovernment protesters and deter others from exercising their right to demonstrate. The report said many peaceful demonstrators had been fined, arrested, and prosecuted. According to Amnesty, more than 40,000 persons were convicted in 2018 and 2019 “on the basis of vague laws” for crimes including “contempt of public officials,” “participation in a group with a view to committing violent acts,” and “organizing a protest without complying with notification requirements.”

On January 27, then interior minister Christophe Castaner announced police would stop using GLI-F4 grenades, tear gas grenades containing 26 grams of TNT, that reportedly injured numerous protesters at demonstrations.

On September 17, the government enacted legislation establishing a new doctrine for maintaining order at demonstrations that was intended to be “more protective for the demonstrators” and “reduce the number of injured during demonstrations.” Among the changes are replacing the hand grenade model that is in service with a new model deemed less dangerous, putting in place stricter supervision of defense ball launchers, and implementing the widespread presence of a “supervisor” who assists the shooters to “assess the overall situation and the movements of the demonstrators.”

Freedom of Association

The constitution and law provide for the freedom of association, and the government generally respected this right.

c. Freedom of Religion

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

d. Freedom of Movement

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The law permits the government to cancel and seize passports and identification cards of French nationals in some circumstances, such as when there are serious reasons to believe that they plan to travel abroad to join a terrorist group or engage in terrorist activities.

On March 16, President Macron announced nationwide lock-down measures aimed at curbing the COVID 19 pandemic outbreak. Residents were asked to stay at home except to buy groceries, travel to work, exercise, or seek medical care. Approximately 100,000 police and gendarmes were mobilized throughout the country to enforce the measures, including with the help of drones and helicopters in some regions. Violators faced fines of 135 euros ($162) for first-time offenders, increasing to 3,700 euros ($4,440) for multiple offenses with maximum punishment of up to six months in prison for more than four offenses in a single month.

The Ministry of the Interior announced that police executed 20.7 million interventions, resulting in 1.1 million fines and 570 trials. Several cities and municipalities, including Nice and Cannes, introduced curfews. The country never completely closed its borders, but travel became heavily restricted beginning in April. Persons travelling from within Europe were allowed in for essential reasons only and needed to present travel permits at the border. After eight weeks, the government lifted lockdown measures on May 11. On June 15, the government lifted coronavirus restrictions on movement at its European borders (land, air, and sea) for EU members and a few other countries.

On October 14, President Macron announced a 9 p.m. to 6 a.m. curfew in areas most impacted by COVID-19, which included Paris and the Ile-de-France region, Grenoble, Lille, Lyon, Aix-Marseille, Montpellier, Rouen, Saint-Etienne, and Toulouse. On October 22, Prime Minister Castex announced the extension of the curfew to an additional 38 departments in France, bringing the total number of persons who must adhere to the restrictive measures to 46 million (two-thirds of population) in 54 departments.

On October 28, President Macron announced a second wave of nationwide lock-down measures aimed at curbing the COVID 19 pandemic outbreak. French citizens were required to stay at home except to buy groceries, go to school, travel to work, exercise, or seek medical care.

In-country Movement: The law requires persons engaged in itinerant activities with a fixed domicile to obtain a license that is renewable every four years. Itinerant persons without a fixed abode must possess travel documents.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

The government cooperated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, returning refugees, and other persons of concern.

Abuse of Migrants, Refugees, and Stateless Persons: Calais continued to be a gathering point for migrants from the Middle East and Africa trying to reach the United Kingdom. As of September authorities estimated that approximately 1,000 migrants and refugees lived around Calais, while support groups said the number was closer to 1,500.

On July 21, several human rights groups warned in a letter to Interior Minister Darmanin that hundreds of migrants in the Calais area “no longer had access to drinking water, showers, [and] food.” The regional prefect claimed that two meal distribution sites were functioning and had the capacity to distribute 1,000 meals per day. He stated, “We also have shuttles bringing people to showers, and demand has been consistent for several weeks with about 150 showers per day.” In a September 24 statement issued following a two-day visit to Calais, however, the defender of rights denounced the “degrading and inhumane” living conditions of migrants living in the city. On September 25, the Council of State refused to suspend the order issued by the region’s prefect banning feeding migrants in the center of Calais. On September 29, police dismantled a camp of an estimated 800 migrants and refugees there. According to the prefect, it was the largest dismantling of a Calais camp since the “Jungle” was cleared of approximately 9,000 migrants in 2015 and 2016. The Pas-de-Calais prefecture asserted that conditions in the 500 tents at the site posed “serious problems of security, health, and order,” particularly for staff and patients of a nearby health center. The evacuated migrants were brought to shelters in Pas-de-Calais, other departments in the north, and other regions of the country.

On July 7, the Aix-en-Provence Court of Appeals upheld the May 7 conviction of two police officers for the illegal arrest in April of a legally documented Afghan refugee. The officers drove the man 18 miles from the point of arrest and abandoned him; he also claimed they beat him. One officer received a three-year prison sentence (one year suspended), and the other 18 months (six months suspended), a reduction of their original sentences. The officers were prohibited from police work, one permanently and one for three years.

On July 2, the European Court of Human Rights convicted France for violating protections against inhuman and degrading conditions, prohibited by the European Convention on Human Rights, in the 2013 case of three adult male asylum seekers. The court awarded the victims a total of 32,000 euros ($38,400). The court noted the individuals had to wait between 90 and 131 days before being able to register their asylum claims, rather than the 15 days France required at the time. After registering, the men still could not access lodging and the temporary allowance for asylum seekers, forcing them to live on the streets for months.

Access to Asylum: The laws provide for the granting of asylum or refugee status, and the government has a system for providing protection to refugees. The system was active and accessible to those seeking protection. The Office for the Protection of Refugees and Stateless Refugees (OFPRA) provided asylum application forms in 24 languages, including English, Albanian, Russian, Serbo-Croatian, Turkish, Tamil, and Arabic. Applicants, however, must complete them in French, generally without government-funded language assistance. Applications for asylum must be made on French territory or at a French border-crossing point. Asylum seekers outside of the country may request from a French embassy or consulate a special visa for the purpose of seeking asylum. After arrival in France, the visa holder must follow the same procedure as other asylum seekers in France; however, the visa holder is authorized to work while his or her asylum application is processed and evaluated, unlike other applicants. Asylum seekers may appeal decisions of OFPRA to the National Court on Asylum Law.

In 2018 parliament adopted an asylum and immigration bill intended to reduce the average time for processing asylum applications to six months and shorten from 120 to 90 days the period asylum seekers have to make an application. It also includes measures to facilitate the removal of aliens in detention, extend from 45 to 90 days the maximum duration of administrative detention, and from 16 to 24 hours the duration of administrative detention to verify an individual’s right to stay. The law extends the duration of residence permits for persons granted subsidiary protection and for stateless refugees from one year to four years and enables foreigners who have not been able to register for asylum to access shelter. It includes measures to strengthen the protection of girls and young men exposed to the risk of sexual mutilation, states that a country persecuting lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons cannot be considered “safe,” and adopts protective provisions on the right to remain for victims of domestic violence. By law unaccompanied migrant children are taken into the care of the child protection system.

OFPRA stated that priority attention was given to female victims of violence, persons persecuted on the basis of their sexual orientation, victims of human trafficking, unaccompanied minors, and victims of torture.

On September 29, the Anafe migrant assistance group alleged rights violations on the country’s borders, including officials preventing new arrivals from filing asylum claims. “France violates daily the international conventions it has ratified, European law, and its own internal legislation,” Anafe claimed. The report claimed authorities engaged in illegal practices, abuse of procedures, and violations of fundamental rights.

Safe Country of Origin/Transit: The government considered 16 countries to be “safe countries of origin” for purposes of asylum. A “safe country” is one that provides for compliance with the principles of liberty, democracy, rule of law, and fundamental human rights. This policy reduced the chances of an asylum seeker from one of these countries obtaining asylum but did not prevent it. While individuals originating in a safe country of origin may apply for asylum, they may receive only a special form of temporary protection that allows them to remain in the country. Authorities examined asylum requests through an emergency procedure that may not exceed 15 days. Countries considered “safe” included Albania, Armenia, Benin, Bosnia and Herzegovina, Cabo Verde, Georgia, Ghana, India, Kosovo, Mauritius, Moldova, Mongolia, Montenegro, North Macedonia, Senegal, and Serbia.

Freedom of Movement: Authorities maintained administrative holding centers for foreigners pending deportation. Authorities could hold undocumented migrants in these facilities for a maximum of 90 days, except in cases related to terrorism. There were 23 holding centers on the mainland and three in the overseas territories, with a total capacity of 1,970 persons.

On September 22, six refugee and migrant assistance associations (Association Service Social Familial Migrants, Forum-Refugies-Cosi, France Terre d’Asile, the Inter-Movement Committee for Aid of Evacuees (Cimade), Ordre de Malte, and Solidarite Mayotte) released a joint annual report that estimated 54,000 undocumented migrants were placed in administrative holding centers in 2019, representing a 20 percent increase from 45,000 persons in such centers in 2018.

According to the associations’ annual report, the government detained 3,380 children, including 3,101 in Mayotte. The report noted, however, that in 80 percent of the cases, the duration of detentions did not exceed 24 hours. Since the law prohibits the separation of children from their parents, they were detained together. Civil society organizations continued to criticize the provision of the 2018 asylum and immigration bill that doubled the maximum detention time for foreigners subject to deportation to up to 90 days. In 2019 the government did not report uniformly screening migrants in Mayotte for trafficking indicators prior to their deportation. The government did not report taking steps to address the 3,000 to 4,000 unaccompanied Comorian minors at risk for sex and labor trafficking in the French department of Mayotte by offering protection services such as medical, shelter, or education.

Durable Solutions: The government has provisions to manage a range of solutions for integration, resettlement, and return of migrants and unsuccessful asylum seekers. The government accepted refugees for resettlement from other countries and facilitated local integration and naturalization, particularly of refugees in protracted situations. The government assisted in the safe, voluntary return of migrants and unsuccessful asylum seekers to their home countries. In 2018, the latest year for which statistics were available, the government voluntarily repatriated 10,678 undocumented migrants, including 2,709 minors, to their countries of origin. As of April the government offered an allowance of 650 euros ($780) per person (adults and children) for voluntary return for all asylum seekers coming from countries whose citizens need a visa for France and 300 euros ($360) per person (adults and children) coming from countries whose citizens do not need a visa for France and citizens coming from Kosovo.

A parliamentary report released on September 23 found that despite recognizing significant progress since 2018, progress remained to be made in the integration of refugees and asylum seekers in the country. The report stressed the need to improve access to French learning and employment. It recommended the creation of counselors specialized in accompanying refugees to facilitate access to employment.

Temporary Protection: Authorities may grant individuals a one-year renewable permit and may extend the permit for an additional two years. According to OFPRA, the government did not grant temporary protection in 2019, the most recent year for which information was available.

g. Stateless Persons

OFPRA reported there were 1,493 stateless persons in the country at the end of 2019. It attributed statelessness to various factors, including contradictions among differing national laws, government stripping of nationality, and lack of birth registration. As the agency responsible for the implementation of international conventions on refugees and stateless persons, OFPRA provided benefits to stateless persons. OFPRA’s annual report stated that it made 364 stateless status requests in 2019 and granted stateless status to 56 persons in 2019. The government provided a one-year residence permit marked “private and family life” to persons deemed stateless that allowed them to work. After two permit renewals, stateless persons could apply for and obtain a 10-year residence permit.

The law affords persons the opportunity to gain citizenship. A person may qualify to acquire citizenship if: either of the person’s parents is a citizen, the person was legally adopted by a citizen, the person was born in the country to stateless parents or to parents whose nationality does not transfer to the child, or the person marries a citizen. A person who has reached the legal age of majority (18) may apply for citizenship through naturalization after five years of habitual residence in the country. Applicants for citizenship must have good knowledge of both the French language and civics.

The constitution and law provide citizens the ability to choose their government through free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: Observers considered the 2017 presidential and separate parliamentary (National Assembly) elections to have been free and fair.

Participation of Women and Members of Minority Groups: No laws limit participation of women or minorities in the political process, and they did participate.

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. There were some reports of government corruption during the year.

Corruption: On November 23, former president Nicolas Sarkozy stood trial on corruption charges for trying to obtain classified information through his lawyer from a judge. Prosecutors claimed he offered to help the judge obtain a well paid post in Monaco in exchange for the information, leading to charges of corruption and influence peddling.

On May 27, the former mayor of Levallois-Perret, Patrick Balkany, and his wife, Isabelle, lost their appeal of a money laundering and tax fraud conviction. They were sentenced to prison terms of five and four years respectively. They remained free, however, pending an appeal to the country’s highest court. In March the two lost an appeal against tax fraud convictions after they were found guilty of using offshore accounts to hide at least 13 million euros ($15.6 million) in assets. The appeals court upheld the seizure of assets fine of one million euros ($1.2 million) in damages, declaring the couple had implemented a system of “persistent fraud.” The couple was also sentenced to 10 years’ political ineligibility and fined 100,000 euros ($120,000) each.

On June 26, the inspector general of the National Police placed six officers from a Paris unit into custody on charges of theft, drug possession, and extorting money from drug dealers. In July, four of them were formally charged. The officers were part of the Security and Intervention Unit (CSI 93) in the Seine-Saint-Denis department, one of the poorest in the country. CSI 93, tasked with addressing urban violence and crime, had 17 preliminary investigations open against its officers for violations. On September 22, the inspector general placed four other officers in custody on violence and forgery charges.

Financial Disclosure: The president, members of parliament and the European Parliament, ministers, regional and departmental council heads, mayors of larger communities, and directors of government-owned companies (post office, railway, and telephone) are required to declare their personal assets to the Commission for the Financial Transparency of Political Life at the beginning and end of their terms. The commission issued and made available to the public periodic reports on officials’ financial holdings on a discretionary basis at least once every three years. Officials who fail to comply are subject to sanctions.

The Central Office for Combating Corruption and Financial and Tax Crimes investigated offenses including tax fraud, influence peddling, and failure of elected officials to make financial disclosures or report their own violations of the law.

A wide variety of domestic and international human rights organizations generally operated, investigated, and published their findings on human rights cases without government restrictions. Government officials were generally cooperative and responsive to their views.

Government Human Rights Bodies: The National Consultative Commission on Human Rights (CNCDH) advised the government on human rights and produced an annual report on racism and xenophobia. Domestic and international human rights organizations considered the CNCDH independent and effective. Observers considered the Defender of Rights independent and effective, with access to all necessary resources.

Following the spring protests against police violence and racism, on September 8, the National Assembly established an investigative committee to assess the ethics of police actions, practices, and law and order doctrine.

Women

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

The law prohibits domestic violence against women and men, including spousal abuse, and the government generally enforced the law effectively. The penalty for domestic violence against either gender varies from three years to 20 years in prison and a substantial fine.

In November 2019 the government’s Interministerial Agency for the Protection of Women against Violence and Combatting Human Trafficking published data showing that in 2018 approximately 213,000 women older than 18 declared they had been victims of physical or sexual violence at the hands of a partner or former partner. The agency reported that, over the same period, 94,000 women declared they had been victims of rape or attempted rape.

In December 2019 the National Observatory of Crime and Criminal Justice, an independent public body, and the National Institute of Statistics and Economic Studies (INSEE) published a joint study showing that the number of persons who considered themselves victims of sexual violence committed by a person who did not live with them declined from 265,000 in 2017 to 185,000 in 2018. In 2017 there was a sharp increase in the number of estimated victims, so despite this decline the 2018 estimate reflected the second-highest level since the organizations began collecting data in 2008.

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

In September 2019 the government launched a national forum (grenelle) on domestic violence and brought together dozens of ministers, judges, police officers, victims’ relatives and feminist groups. Approximately 100 conferences took place across the country from September to November 2019. At the closure of the series of consultations in November 2019, the international day for the prevention of violence against women, then prime minister Philippe announced 43 measures aimed at preventing domestic violence against women, focusing on three areas: education (educating children on gender equality); protection (ensuring the immediate safety of victims and their children); and restriction (preventing further violence from the perpetrators). Among concrete measures announced were the creation of 1,000 new places in shelters for survivors and improved training for those who work with survivors of domestic violence. On November 25, the government reported that among the 43 measures announced, 23 of them had been implemented and that 1,000 places in shelters were available to women who had to get away from their homes.

On October 9, the High Council for Equality issued a report assessing the results of its commission on domestic violence. The high council noted persistent failures in caring for victims and called for a sixth interministerial plan, to include annual assessments of implementation. The report called for funding “at the level of need,” citing the estimated annual, societal cost of domestic violence of 3.6 billion euros ($4.3 billion). The high council issued 44 recommendations to “better protect women” and “put an end to the impunity of attackers.”

On July 21, parliament adopted a bill to protect domestic violence victims that authorizes doctors to waive medical confidentiality and report to police if a patient’s life is in “immediate danger.” The law reinforces harassment penalties and includes a 10-year prison sentence in cases where violence led to a victim’s suicide. The law also makes it possible to suspend parental authority in cases of domestic violence.

Starting on September 25, judges in five courts (Bobigny, Pontoise, Douai, Angouleme, and Aix-en-Provence) may order domestic violence offenders to wear electronic tracking bracelets. A GPS monitor alerts victims and police if known abusers come within a certain distance of their victims. Judges may order GPS trackers for men charged with assault, even if not yet convicted, provided sufficient grounds are met and the suspect accepts. If a suspect refuses, the judge may order prosecutors to open a criminal inquiry. Victims will be given a warning device, and alleged offenders must submit to restraining orders as defined by judges.

The government estimated more than 200,000 women were victims of marital violence each year, with many cases never reported. Official statistics showed that 149 women were killed in domestic violence cases in 2019, up from 121 in 2018. On November 16, the Ministry of Interior reported 142,310 individuals, both men and women, reported being victims of domestic violence in 2019, representing a 16 percent increase from the previous year. Women represented 88 percent of the victims, while men represented 12 percent. Three percent of the crimes reported concerned rape or sexual assault, with women being the victims in 98 percent of cases. On March 26, then interior minister Castaner stated reports of domestic violence across the country had jumped by more than 30 percent since the COVID-19 lockdown began on March 17. The sharp rise in the numbers prompted the government to establish temporary support centers outside supermarkets and provide pharmacists with guidelines to advise domestic abuse victims who sought help. The government agreed to pay for 20,000 overnight stays in hotels and shelters for survivors who left their partners during the lockdown. The feminist collective Nous Toutes reported that, as of September 29, 69 women had been killed by their partners or former partners since the beginning of the year.

On March 16, a Paris court found the State guilty of negligence for police failure to prevent a woman’s former partner from murdering her and ordered payment of 100,000 euros ($120,000) to her family. A woman whose sister and parents were murdered by the sister’s former partner asked a court to find the state responsible for their deaths, again citing failure to protect.

Female Genital Mutilation/Cutting (FGM/C): FGM/C was practiced in the country, particularly within diaspora communities. Various laws prohibit FGM/C and include extraterritorial jurisdiction, allowing authorities to prosecute FGM/C, which is punishable by up to 20 years in prison, even if it is committed outside the country, and up to 30 years if the FGM/C leads to the death of the victim. The government provided reconstructive surgery and counseling for FGM/C victims.

According to the latest statistics available from the Ministry of Gender Equality and the Fight against Discrimination, between 40,000 and 60,000 FGM/C survivors resided in the country. The majority were recent immigrants from sub-Saharan African countries where FGM/C was prevalent and where the procedure was performed. According to the Group against Sexual Mutilation, 350 excisions were performed in the country each year. In June 2019 then junior minister of gender equality and the fight against discrimination, Marlene Schiappa, launched a national action plan to combat FGM/C, focusing on identifying risks, preventing FGM/C, and supporting female victims.

In 2019 the National Public Health Agency estimated the number of victims of FGM/C rose from 62,000 in the early 2000s to 124,355 in the middle 2010s.

On February 6, the International Day of Zero Tolerance for Female Genital Mutilations, then junior minister of gender equality Schiappa announced the allocation of 60,000 euros ($72,000) to implement a key provision of the 2019 national action plan to eradicate FGM/C. The funds were to support initial trials of a system to study the prevalence of FGM/C in France.

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

The law provides for on-the-spot fines for persons who sexually harass others on the street (including wolf whistling), and substantial fines if there are aggravating circumstances. The law covers sexual or sexist comments and behavior that is degrading, humiliating, intimidating, hostile, or offensive and provides for increased sanctions for cyberstalking and prohibits taking pictures or videos under someone’s clothes without consent, which is punishable by up to one year in prison and a substantial fine. On October 13, Junior Minister for Citizenship Schiappa reported that authorities fined 2,005 men for harassing women in public spaces since the introduction of the law in 2018, including 694 during the year.

On May 20, a labor court convicted National Assembly member Stephane Trompille of sexual harassment of his female staffer and ordered him to pay a substantial amount in damages. In its ruling, the court specified that “under the guise of sexist and crude jokes,” Stephane Trompille adopted “conduct detrimental to the health” of the staffer, the only woman on the team, who then suffered “health consequences.”

On May 28, then gender equality minister Marlene Schiappa unveiled a plan to fast-track court proceedings for street sex offenders and a campaign to keep women safe on the streets. The measures are part of a “cat-calling law,” which already allows for on-the-spot fines. The new provisions tighten enforcement for street harassment against women, allowing prosecutors to hear cases immediately. The plan, backed by the UN, allows women who feel in danger “to know where they can find refuge if there are no police officers at hand to take their statement.” Refuge shelters can be bars, restaurants, pharmacies, or any business willing to take part in the program. Women will be able to recognize participating locations by a label displayed outside the business.

On September 24, a young man in Mulhouse received a two-month suspended jail sentence under the fast-track procedure for harassing two women, chastising them for their choice of attire. The man was ordered to perform 75 hours of community service and attend citizenship classes.

According to the latest statistics released by the Interior Ministry in January 2019, reported cases of sexual harassment and sexual violence surged in 2018, with 28,900 complaints registered by police, up 20 percent over the previous year.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children. Individuals have the right to manage their reproductive health free from discrimination, coercion, and violence and had both the information and means to do so. There was easy access to contraception and skilled attendance during childbirth. 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 law prohibits gender-based job discrimination and harassment of subordinates by superiors, but this prohibition does not apply to relationships between peers. The constitution and law provide for the same legal status and rights for women as for men, including under family, religious, personal status, labor, employment, property, nationality, and inheritance laws, access to credit, and owning or managing businesses or property in line with the Department’s commitments under the Women’s Global Development and Prosperity Initiative. The Ministry of Gender Equality, Diversity, the Fight against Discrimination and Equal Opportunities is responsible for protecting the legal rights of women. The constitution and law provide for equal access to professional and social positions, and the government generally enforced the laws.

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

Children

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

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

The Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO) report found courts rarely applied legislative mechanisms to prioritize children’s safety in custody disputes and thus did not sufficiently incorporate children’s risk of exposure to violence in custody and visitation decisions. The report also found a lack of support and assistance for children who had witnessed violence.

In November 2019 the government presented a three-year plan to end violence against children. The junior secretary for children, Adrien Taquet, presented 22 measures “to end once and for all violence against children.” New measures include 400,000 euros ($480,000) in additional funding for responses to the “child in danger” emergency hotline and strengthened implementation of background checks for those working in contact with children. Of the 22 points, approximately one-third had been implemented before the end of the year and the rest were still in progress.

On June 4, the European Court of Human Rights ruled the state had violated the European Convention on Human Rights by failing to protect an eight-year-old girl from abuse by her parents. She died in 2009 despite teachers repeatedly reporting abuse to authorities and despite the girl spending a month in the hospital due to the abuse. The court ordered the state to pay a token amount of one euro ($1.20) in damages to the association Innocence en Danger that brought the case in addition to a substantial amount in costs.

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

On September 8, a Nimes court sentenced a father and his partner to 18-month suspended prison sentences for compelling the father’s daughter to leave France and forcing her to get married in Morocco.

Sexual Exploitation of Children: The law criminalizes sexual exploitation of children. The minimum age of consent is 15, and sexual relations with a minor age 15 to 18 are illegal when the adult is in a position of authority over the minor. For rape of a minor younger than 15, the penalty is 20 years’ imprisonment, which may be increased in the event of aggravating circumstances. Other sexual abuse of a minor under 15 is punishable by up to 10 years in prison and a substantial fine. The law provides that underage rape victims may file complaints up to 30 years after they turn 18.

The government enforced these laws effectively but faced criticism from NGOs such as Coup de Pouce, Acting against Child Prostitution, and the French Council of Associations for the Rights of the Child that asserted children cannot provide legal consent regardless of circumstance. On November 20, the government released estimates that 130,000 girls and 35,000 boys annually suffered rape or attempted rape and that 140,000 children were exposed to domestic violence. According to an IPSOS poll released in October 2019 conducted with victims of childhood sexual abuse, the victims’ average age was 10 and 83 percent of victims were girls. Victims filed a lawsuit in only 25 percent of the cases.

On October 5 and 6, police arrested 61 persons for involvement in a vast child pornography network, including at least three individuals who raped children on camera. Several suspects’ professions put them in regular contact with children. They were arrested in coordinated operations in 30 regions across the country, following months of investigation of child pornography shared on peer-to-peer networks online.

The law also criminalizes child sex trafficking with a minimum penalty of 10 years’ imprisonment and a substantial fine. The law prohibits child pornography; the maximum penalty for its use and distribution is five years’ imprisonment and a substantial fine.

Displaced Children: By law unaccompanied migrant children are taken into the care of the country’s child protection system. The defender of rights again assessed that border police summarily returned unaccompanied migrant children attempting to enter from Italy, rather than referring them to the child protection system. In a July 22 decision, the defender of rights issued recommendations to improve the reception and care of unaccompanied minors in Paris, especially through improved coordination.

In an October 5 report, several associations, including Doctors of the World, Amnesty International, Cimade, Doctors without Borders, and Catholic Relief of France (Le Secours-Caritas France), found France failed to protect isolated minors at its borders. The report highlighted dysfunctions observed at the borders with Spain, Italy, and the United Kingdom. The government did not report taking steps to address the 3,000 to 4,000 unaccompanied Comorian minors who were at risk for sex and labor trafficking in the French department of Mayotte by offering them medical, shelter, education, or other protection services. Traffickers exploited the large influx of unaccompanied minors who entered the country in recent years. Roma and unaccompanied minors were at risk for forced begging and forced theft.

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

NGO and government observers reported numerous anti-Semitic incidents, including physical and verbal assaults on individuals and attacks on synagogues, cemeteries, and memorials, particularly in the Alsace-Lorraine region. The number of anti-Semitic acts increased by 27 percent (687 acts total) in 2019, according to government statistics, while the number of violent attacks against individuals decreased by 44 percent in 2019.

According to the latest statistics released by the Defense Ministry in August, the government deployed 7,000 military personnel throughout the country to patrol sensitive sites, including vulnerable Catholic, Jewish, and Muslim sites and other places of worship. This number could go up to 10,000 personnel at times of high threat. Some Jewish leaders requested the government also provide static armed guards at Jewish places of worship.

Many anti-Semitic threats of violence singled out public spaces and figures. A 38-year-old man was charged for extortion with aggravated circumstances following an August 26 anti-Semitic incident in Strasbourg. A young artist who was hired by the city to decorate a public building was assaulted by a group of individuals for wearing a T-shirt with “Israel” printed on it. After ordering the artist to leave the site, one of the assailants added, “Jews and bitches forbidden” graffiti on the sidewalk. Both the victim and a local Jewish association filed a complaint.

On August 6, a man was attacked by two persons who shouted anti-Semitic insults, stole his watch, and beat him unconscious in the hallway of his parents’ apartment building in Paris. Justice Minister Dupond-Moretti tweeted, “I know the immense emotion that besets the entire Jewish community. It is the emotion of the whole nation and of course mine.” Two men were charged with violent theft motivated by religious reasons and placed in pretrial detention on August 28.

Anti-Semitic vandalism targeted Jewish sites, including Holocaust memorials and cemeteries. On January 5, a Jewish cemetery was vandalized in Bayonne, resulting in damage to several headstones, vaults, and a memorial to a young child deported to Auschwitz during World War II. The cemetery, the oldest of its kind in the country, contained Jewish burial sites dating to the late-17th century. The president of the Bayonne/Biarritz Jewish community condemned the desecrations, noting that “when it comes to attacking the dead, I don’t think there is anything more cowardly.”

On May 18, the hashtag #sijetaitunjuif (If I were a Jew) trended on Twitter France before the company took it down following condemnation by French officials and Jewish and antihate organizations. The hashtag originated with six coordinated, individual users and was then amplified by others who added anti-Semitic smears and references to the Holocaust. Twitter France took the hashtag off its list of trending topics for violating the company’s hate-speech rules.

On August 3, Facebook confirmed it had banned the notorious comedian Dieudonne M’Bala from its platforms for repeatedly violating its policies by posting anti-Semitic comments and for “organized hatred.” Dieudonne was also banned from YouTube in June. He had more than one million followers on Facebook and 36,000 on Instagram before being banned from both platforms. Dieudonne has been convicted multiple times for hate speech, including anti-Semitism. Meanwhile, his loyal followers continued to defend his right to free speech and continued to attend his “shows.” During the COVID-19 second wave, on October 10, he illegally organized a performance before 200-300 persons in Strasbourg.

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 and law protect the rights of persons with physical, sensory, intellectual, and mental disabilities, including their access to education, employment, health services, information, communications, buildings, transportation, the judicial system, and other state services. Adults with disabilities received a 900 euro ($1,080) allowance per month from the government. The government did not always enforce these provisions effectively. According to official statistics, disability affected 12 million citizens.

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

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

The law requires that buildings, education, and employment be accessible to persons with disabilities. According to the latest government estimates available, 40 percent of establishments in the country were accessible. In 2015 parliament extended the deadline for owners to make their buildings and facilities accessible by three to nine years. In 2016 then president Hollande announced that 500,000 public buildings across the country were undergoing major renovation to improve accessibility. The Ministry of Social Affairs and Health (now called the Ministry for Solidarity and Health) reported in 2016 that only 300,000 of one million establishments open to the public were fully accessible. Public transport is not accessible, or is only partially accessible, in Paris and Marseille, the two largest cities in the country.

According to statistics released November 23 by the Education Ministry, in 2019, 408,000 children with disabilities attended schools in the country, a little more than 80,000 in hospitals or medicosocial establishments and nearly 337,800 in “ordinary” schools.

On March 10, the National Agency of Public Health reported that as of 2017, 119,206 persons were identified as autistic in the country, representing 0.18 percent of the population. On the occasion of World Autism Awareness Day on April 2, President Macron announced autistic persons were exempted from COVID-19 lockdown restrictions, enabling them to visit reassuring places to counter anxiety.

Members of National/Racial/Ethnic Minority Groups

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

On June 8, the defender of rights, a constitutionally created, independent civil rights watchdog, reported registering 1,957 complaints against the security forces’ intervention methods in 2019. The defender of rights noted a 29 percent increase in complaints related to the “ethics of security” in 2019 compared with the previous year. While only 10.7 percent of cases investigated revealed a fault by security agents, the defender of rights stated the complaints revealed a “crisis of confidence” in the security forces. In his annual report, the defender of rights also found that individuals in the country perceived as black or Arab were 20 times more likely to be stopped by police than those perceived as white. In addition blacks and Arabs were more likely to be treated with a lack of professionalism by police. According to Jacques Toubon, the defender of rights at the time, the results of the study indicated a “degraded relationship between security forces and [minority] groups.”

In a June 24 report, Policing the Pandemic: Human Rights Violations in the Enforcement of COVID-19 Measures in Europe, Amnesty International asserted that enforcement of COVID-19 lock-down measures in the country had a disproportionate impact on members of racial and ethnic minorities. According to the report, “The COVID-19 pandemic further revealed the heavy policing and the recurrent unlawful use of force in urban areas in France with high rates of poverty and where a large proportion of the population are of North African or other minority ethnic origin.”

On January 26, the Ministry of Interior announced the government registered 1,142 racist and xenophobic hate crimes involving threats or violence in 2019, a 132 percent increase from the number recorded in 2018 with 496 acts. The ministry reported 687 anti-Semitic acts, up 27 percent from 2018. The ministry also registered 154 anti-Muslim acts, up 54 percent from 2018. The Ministry of Justice reported it reviewed 6,603 cases related to racism in 2019 (compared with 6,122 in 2018) and 393 racist offenses were punished with convictions.

Government observers and NGOs, including the French Council for the Muslim Religion and the Collective against Islamophobia, reported a number of anti-Muslim incidents during the year, including slurs against Muslims, attacks on mosques, and physical assaults. The number of registered violent acts of racism against Muslims slightly increased from eight in 2018 to nine in 2019. Over the same period, threats against the Muslim community increased by 65 percent, while total anti-Muslim acts increased by 54 percent, from 100 to 154.

Under the counterterrorism law, prefects have authority to close places of worship “in which statements are made, ideas or theories are disseminated, or activities take place that lead to violence, hatred or discrimination, provoke the commission of acts of terrorism, or make apologies for such acts.” On October 2, President Macron stated that since 2018, the Interior Ministry had closed 15 places of worship in the “fight against radicalization.” In October 2019 the Prime Minister’s Office announced that since November 2017, 370 foreigners flagged for radicalization and living illegally in the country had been deported.

On August 7, the Omar Mosque in Bron, a suburb of Lyon, was set on fire. The president of the regional Council of the Muslim Faith denounced the fire, while regional and religious leaders expressed solidarity with the Muslim community and lamented the country was experiencing “rising hatred.” On August 12, a fire broke out at the Essalam Mosque in the city of Lyon. The mayor of Lyon’s Second Arrondissement, Pierre Oliver, strongly condemned the suspected arson.

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

On June 18, the CNCDH highlighted in its annual report that intolerance of Roma remained particularly stark and had changed little since 2016. The CNCDH 2019 report had called hatred towards Roma the “most commonplace form of racism that arouses the least reprobation.” This form of hatred is “underestimated by the media and in public opinion,” the report went on, which “contributes to maintaining stereotypes” of Roma. Roma and unaccompanied minors in France were at risk for forced begging and forced theft.

Authorities continued to dismantle camps and makeshift homes inhabited by Roma. According to the Observatory for Collective Expulsions from Informal Living Places, authorities evicted persons from 1,159 places between November 2018 and October 31, 2019. Among those expelled, the Observatory identified 15,400 persons “mainly coming from Eastern Europe, (who were) Romani or perceived as such.”

On May 14, the European Court of Human Rights ordered France to pay more than 40,000 euros ($48,000) in compensation to six Roma who were evicted from their caravans on municipal land in La Courneuve in 2013. The court emphasized the litigants belonged to “an underprivileged social group” and that authorities failed to take their particular needs into account. The court ruled that authorities had violated their rights under the European Convention on Human Rights.

On May 25, a Versailles administrative appeals court ruled that separate classes for Romani children in Ris-Orangis denied the children equal access to education. The court rejected the appeal of the municipality of Ris-Orangis and upheld a 2017 ruling that found separate classes for Romani children to be illegal.

Citizens, asylum seekers, and migrants may report cases of discrimination based on national origin and ethnicity to the defender of rights. According to the most recent data available, the office received 5,448 discrimination claims in 2019, 14.5 percent of which concerned discrimination based on ethnic origin.

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

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

The law prohibits discrimination based on sexual orientation and gender identity in housing, employment, nationality laws, and access to government services. Authorities pursued and punished perpetrators of violence based on sexual orientation or gender identity. The statute of limitations is 12 months for offenses related to sex, sexual orientation, or gender identity.

The government announced April 24 an emergency plan to help LGBTI persons during COVID-19 lock-downs, including authorizing 300,000 euros ($360,000) to fund 6,000 hotel nights for young persons facing homophobic violence at home. Then gender-equality minister Schiappa also confirmed LGBTI individuals could notify police at pharmacies or text a hotline, which was also possible for victims of domestic violence. The government reopened the SOS Homophobia association’s LGBTI hotline, which had been suspended due to technical difficulties. It also funded a mobile application, FLAG!, that was launched on April 24 by the LGBTI police and gendarme association to report acts of violence.

The associations Stop Homophobia and Mousse took legal action against the Lyon daily newspaper Le Progres for “homophobic defamation” following its April 18 publication of an inflammatory article that implied members of the gay community did not respect COVID-19 lock-down rules, accusing them of risky sexual encounters and drug parties.

Homophobic violence and hate speech increased 36 percent in 2019, with 1,870 acts compared to 1,380 in 2018, according to Interior Ministry statistics released May 16. Insults constituted 33 percent of the offenses, while physical and sexual violence made up 28 percent. Victims were mainly men (75 percent) and young persons (62 percent were under 35). The ministry noted “these figures testify to the deep anchoring of homophobia and transphobia in society.” The ministry categorized homophobic hatred within the broader increase in “hate acts and identity extremism.”

On August 31, a couple sitting on a bench in Lyon was attacked and harassed with homophobic comments. The victims notified the police, who arrested two individuals the following day and took them into police custody. The prefecture reacted on social networks stating, “homophobia and hatred have no place in our Republic.”

On September 15, blogger Bassem Braiki appeared before Lyon criminal court for a homophobic Snapchat comment equating suicide with a “cure” for homosexuality. Three advocacy organizations fighting homophobia filed a complaint against him. The prosecutor called for eight months in prison and a substantial fine. On October 20, the court sentenced him to an eight-month suspended prison sentence and to a 2,500 euros ($3,000) fine.

According to a BVA survey of 1,001 individuals conducted in September and published on October 5, approximately 65 percent of the population said they had heard homophobic or transphobic comments in public: 51 percent reported multiple instances, while 31 percent reported witnessing a homosexual or transgender person being insulted. The same poll found that 39 percent of the population believed the way society accepted homosexual, transgender, and transidentity persons had improved over the past three years. Nearly 50 percent of the population believed the state was not sufficiently involved in this area, while 37 percent believed public authorities were doing enough.

On October 14, Junior Minister of Gender Equality Elisabeth Moreno unveiled a three-year national plan to combat hatred and discrimination against LGBTI persons. Moreno told media the plan emphasizes the importance of inclusive education in stamping out homophobia and aims to make members of the LGBTI community “citizens in their own right.” It comprises 42 measures designed to tackle homophobia or transphobia in the home, school, university, work, health care, and sports, and will be “amplified” between now and 2023. The plan also aims to act against conversion therapy, which Moreno stated constitutes “abject and medieval practices”; “we (the country) want to ban them outright.”

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

a. Freedom of Association and the Right to Collective Bargaining

The constitution and labor law provide workers the right to form and join unions of their choice without previous authorization or excessive requirements. The law provides for the right to bargain collectively and allows unions to conduct their activities without interference. Workers, except those in certain essential services, such as police and the armed forces, have the right to strike unless the strike threatens public safety. The law prohibits antiunion discrimination and forbids removing a candidate from a recruitment procedure for asking about union membership or trade union activities. The Ministry of Labor treats such discrimination as a criminal offense and prosecutes cases of discrimination by both individuals and companies. Penalties for violations were commensurate to those under other laws related to the denial of civil rights, although union representatives noted antiunion discrimination occasionally occurred, particularly in small companies.

Public-sector workers must declare their intention to strike at least 48 hours before the strike commences. In addition a notification of intent to strike is permissible only after negotiations between trade unions and employers have broken down. Workers are not entitled to receive pay while striking. Wages, however, may be paid retroactively. Health-care workers are required to provide a minimum level of service during strikes. In the public transportation (buses, metro) and rail sectors, the law requires the continuity of public services at minimum levels during strikes. This minimum service level is defined through collective bargaining between the employer and labor unions for each transportation system. For road transportation strikes, the law on minimum service provides for wages to be calculated proportionally to time worked while striking. Transportation users must also receive clear and reliable information on the services that would be available in the event of a disruption. Authorities effectively enforced laws and regulations, including those prohibiting retaliation against strikers.

Workers freely exercised their rights to form and join unions and choose their employee representatives, conduct union activities, and bargain collectively. Most workers’ organizations stressed their independence vis-a-vis political parties. Some union leaders, however, did not conceal their political affiliations.

During the COVID-19 pandemic, firms were required to consult labor unions before implementing organizational change in the workplace, including health and safety measures related to the sanitary crisis. Unions successfully sued firms they believed did not properly consult them. The government specifically requested proposals from labor unions on how to improve health and safety measures, optimize work schedules, and leverage teleworking capabilities. Also, labor unions were instrumental in formulating health and safety guidelines for the Labor Ministry.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The government effectively enforced the law, and penalties for violations were commensurate with those for other analogous serious crimes. The government also provided financial support to NGOs that assist victims.

Men, women, and children, mainly from Eastern Europe, West Africa, and Asia, were subjected to forced labor, including domestic servitude (also see section 7.c.). There were no government estimates of the extent of forced labor among domestic workers. In 2019 the NGO Committee against Modern Slavery assisted 200 victims of forced labor, 74 percent of whom were women.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. The minimum age for employment is 16, with exceptions for persons enrolled in certain apprenticeship programs or working in the entertainment industry, who are subject to further labor regulations for minors. The law generally prohibits persons younger than 18 from performing work considered arduous or dangerous, such as working with dangerous chemicals, high temperatures, heavy machinery, electrical wiring, metallurgy, dangerous animals, working at heights, or work that exposes minors to acts or representations of a pornographic or violent nature. Persons younger than 18 are prohibited from working on Sunday, except as apprentices in certain sectors, including hotels, cafes, caterers, and restaurants. Youth are prohibited from working between 8 p.m. and 6 a.m. when they are younger than 16 and between 10 p.m. and 6 a.m. when they are between 16 and 18.

The government effectively enforced labor laws, although some children were exploited in the worst forms of child labor, including child sex trafficking (also see section 6, Children) and labor trafficking through forced criminal activity. Inspectors from the Ministry of Labor investigated workplaces to enforce compliance with all labor statutes. To prohibit violations of child labor statutes, inspectors may place employers under observation or refer them for criminal prosecution. Penalties for the use of child labor were commensurate with those for other analogous serious crimes.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings/  for information on the French overseas collective of Wallis and Futuna.

d. Discrimination with Respect to Employment and Occupation

The labor code prohibits discrimination based upon an individual’s national origin; sex; customs; sexual orientation; gender identity; age; family situation or pregnancy; genetic characteristics; particularly vulnerability resulting from an economic situation that is apparent or known to the author of the discrimination; real or perceived ethnicity, nationality, or race; political opinions; trade union or mutual association activities; religious beliefs; physical appearance; family name; place of residence or location of a person’s bank; state of health; loss of autonomy or disability; and ability to express oneself in a language other than French. Authorities generally enforced this prohibition, and penalties for violations were commensurate with those under other laws related to civil rights.

Employment discrimination based on sex, gender, disability, and national origin occurred. The country’s Romani community faced employment discrimination.

A gender equality law provides measures to reinforce equality in the workplace as well as sanctions against companies whose noncompliance could prevent women from bidding for public contracts. The law also requires employers to conduct yearly negotiations with employees on professional and pay equity between women and men in companies with more than 50 employees. The companies must publish on their company websites an estimate of salary disparities between men and women. The law requires that women receive equal pay for equal work. The economic statistics institute INSEE indicated that women working the equivalent of full time earned 18.5 percent less than men in 2015, the most recent year for which data were available.

A June report on the employment and unemployment of persons with disabilities from the Fund Management Organization for the Professional Integration of People with Disabilities (AGEFIPH) showed a 4 percent decrease in the unemployment of persons with disabilities, compared with the same period in 2019, and represented 8.6 percent unemployment for the general population. Job seekers with disabilities were out of work for 853 days on average, compared with 650 days for the general population. They were also older, on average, than the general population: an estimated 5 percent of job seekers with disabilities were 50 or older, although they constituted just 26 percent of all job seekers.

The law requires at least 6 percent of the workforce in companies with more than 20 employees to be persons with disabilities. Noncompliant companies must contribute to a fund managed by AGEFIPH. The funds go to financial support for persons with disabilities seeking employment or firms employing persons with disabilities, research and analysis on disability employment issues, and support for employment retention of persons with disabilities. Approximately 51 percent of private-sector enterprises met the workforce requirement in 2018, while the companies that did not complete the requirement contributed to a 400 million euro ($480 million) fund and a small number (mostly large corporations) received an exemption from the government based on a negotiated action plan, according to AGEFIPH. Since January 1, new companies have five years to comply with the 6 percent requirement, instead of the previous 3 percent. Furthermore, under the government’s recovery plan, companies hiring workers with disabilities for a fulltime contract of at least three months between September 1 and February 28, 2021 are entitled to a yearly 4,000-euro ($4,800) bonus.

e. Acceptable Conditions of Work

The minimum wage adequately met the poverty-line income level, which employers in the formal sector generally adhered to.

The official workweek is 35 hours, although companies may negotiate exceptions with employees. The maximum number of working days for workers is 235 days per year. Maximum hours of work are set at 10 hours per day, 48 hours per week, and an average of 44 hours per week during a 12-week work period. Workdays and overtime hours are fixed by a convention or an agreement in each sector in accordance with the labor code. Under an executive order signed in 2017, companies with fewer than 50 employees may negotiate working conditions directly with employees without involvement of labor unions.

The law gives employees the “right to disconnect” digitally from their work. Companies with 50 or more employees must negotiate the use of digital tools with employees or their collective bargaining units and publish clear rules on “the right to disconnect” from email, text messages, and other electronic communications after working hours.

Employees are entitled to a daily rest period of at least 11 hours and a weekly break of at least 24 hours. Employers are required to give workers a 20-minute break during a six-hour workday. Premium pay of 25 percent is mandatory for overtime and work on weekends and holidays; the law grants each worker five weeks of paid leave per year for a full year of work performed. The standard amount of paid leave is five weeks per year (2.5 weekdays per month, equivalent to 30 weekdays per year). Some companies also allowed other compensatory days for work in excess of 35 hours to 39 hours per week, called “spare-time account.” Work in excess of 39 hours per week was generally remunerated.

The government effectively enforced wage and overtime laws, and penalties for violations were commensurate with those for other similar crimes.

The government sets occupational health and safety standards in addition to those set by the EU. Government standards cover all employees and sectors. Individual workers could report work hazards to labor inspectors, unions, or their company health committee (for companies with more than 50 employees). Workers have a right to remove themselves without fear of reprisal from a situation presenting grave and imminent danger.

The Ministry of Labor enforced the law governing work conditions and performed this responsibility effectively, in both the formal and the informal economy. The government permitted salaries below the minimum wage for specific categories of employment, such as subsidized jobs and internships, must conform to separate and clearly defined standards. The number of labor inspectors was sufficient to enforce compliance with the labor laws. Inspectors had the authority to make unannounced inspections and initiate sanctions. Disciplinary sanctions at work are strictly governed by the labor code to protect employees from abuse of power by their employers. Employees may pursue appeals in a special labor court up to the Court of Cassation (Supreme Court). Sanctions depend on the loss sustained by the victim and were usually applied on a case-by-case basis.

Penalties for occupational safety and health violations depend on the status of the accused and generally were commensurate with those for other similar crimes.

Immigrants were more likely to face hazardous work, generally because of their concentration in sectors such as agriculture, seasonal employment, construction, and hospitality services. In 2019, 1,098 major industrial accidents occurred, according to the Ministry of Ecological Transition, causing death or serious injury to workers.

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

There were no reports that the government or its agents committed arbitrary or unlawful killings. In the event of a killing by security forces, police begin an internal investigation under the leadership of the state prosecutor.

The trial against two right-wing extremist suspects for the June 2019 killing of local Hesse politician Walter Luebcke began June 16. The crime was widely viewed as a politically motivated killing of a known prorefugee state official. The main defendant, Stephan Ernst, was also accused of the 2016 homicide of an Iraqi asylum seeker, and prosecutors believed he committed both acts out of ethnonationalist and racist motivations. On August 5, Ernst confessed in court to having shot Luebcke but blamed codefendant Markus Hartmann for incitement. The Hesse state parliament launched a committee to investigate the failure of Hesse’s domestic security service to identify Stephan Ernst as a danger to society. Frankfurt prosecutors are investigating 72 persons for having threatened Luebcke on the internet following his 2015 prorefugee remarks. Trials against three of these defendants–for defamation and endorsement of murder, public incitement of criminal acts, and incitement of bodily harm–ended with small fines in August.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and the law prohibit such practices, but there were a few reports that government officials employed them. According to some human rights groups, authorities did not effectively investigate allegations of mistreatment by police and failed to establish an independent mechanism to investigate such allegations. The 2019 interim report of a continuing study by researchers at the University of Bochum estimated police used excessive force in 12,000 cases annually, of which authorities investigated approximately 2,000. Investigations were discontinued in 90 percent of the cases, and officers were formally charged in approximately 2 percent of the cases. Less than 1 percent of the cases resulted in conviction of the accused officer.

In July, two police officers in Thuringia were sentenced to two years and three months’ incarceration for the sexual abuse of a woman while the officers were on duty in September 2019. After checking a Polish couple’s identity papers and determining they were fake, the officers drove the woman to her apartment, where they sexually abused her. Due to a lack of evidence, the court reduced the charge from rape to sexual abuse while exploiting an official position, because the woman could not be located to testify at trial. Both the prosecution and defense appealed the sentence, with the prosecution hoping the woman could be found so that rape charges could be reintroduced and the defense arguing that without new evidence, no additional charges should be brought. The appeals process was still in progress as of July.

In July 2019 Cologne police shot an unarmed man, 19-year-old Alexander Dellis, when he fled arrest. Dellis filed a complaint against police regarding the proportionality of the response, and the public prosecutor was investigating.

Impunity was not a significant problem in the security forces.

Prison and Detention Center Conditions

There were no significant reports regarding prison or detention center conditions that raised human rights concerns.

Physical Conditions: There were no major concerns in prisons and detention centers regarding physical conditions or inmate abuse.

Administration: Authorities conducted proper investigations of credible allegations of mistreatment.

Independent Monitoring: The government permitted monitoring by independent nongovernmental observers.

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, and the government generally observed these requirements.

Between 2017 and 2019, several state parliaments expanded police powers. The new state laws enable police to take preventive action against an “impending danger.” Critics argued that this provision expands police’s surveillance power, which had been reserved for the country’s intelligence services. As of September cases against new laws in Bavaria and Baden-Wuerttemberg were pending at the Federal Constitutional Court, as was a separate case at the Saxony Constitutional Court regarding that state’s law.

While several states required police to wear identity badges, the nongovernmental organization (NGO) Amnesty International Germany criticized the lack of a nationwide requirement to do so.

In February a 29-year-old man was acquitted a third time of charges of resisting police officers, causing bodily harm, and insulting an officer in Cologne. The Cologne District Court judge in the man’s April 2019 second trial dismissed the charges as unfounded and apologized to the defendant. Nonetheless, the public prosecutor filed a second appeal. The officers were themselves placed under investigation in 2019, and those investigations continued in November.

Arrest Procedures and Treatment of Detainees

Authorities must have a warrant issued by a judicial authority to arrest an individual. Police may also arrest individuals they apprehend in the act of committing a crime, or if they have strong reason to suspect the individual intends to commit a crime. The constitution requires authorities to bring a suspect before a judicial officer before the end of the day following the arrest. The judge must inform the suspect of the reasons for his or her detention and provide the suspect with an opportunity to object. The court must then either issue an arrest warrant stating the grounds for continued detention or order the individual’s release. Authorities generally respected these rights.

Although bail exists, judges usually released individuals awaiting trial without requiring bail. Bail is only required in cases where a court determines the suspect poses a flight risk. In such cases authorities may deny bail and hold detainees for the duration of the investigation and subsequent trial, subject to judicial review.

Detainees have the right to consult with an attorney of their choice; the government provides an attorney at public expense if detainees demonstrate financial need. The law entitles a detainee to request access to a lawyer at any time, including prior to any police questioning. Authorities must inform suspects of their right to consult an attorney before questioning begins.

Pretrial Detention: In June the NGO World Prison Brief reported 20.6 percent of prisoners were in pretrial detention. In 2019 the Ministry of Justice reported that the median stay in pretrial detention was between four and six months. The courts credit time spent in pretrial custody toward any eventual sentence. If a court acquits an incarcerated defendant, the government must compensate the defendant for financial losses as well as for “moral prejudice” due to his or her incarceration.

e. Denial of Fair Public Trial

The constitution provides for an independent judiciary, and the government generally respected judicial independence and impartiality.

Trial Procedures

The constitution provides for the right to a fair and public trial, and an independent judiciary generally enforced this right.

Defendants enjoy a presumption of innocence and have the right to be informed promptly and in detail of the charges against them. The trial shall be fair, public, and held without undue delay. The law requires defendants be present at their trials. Defendants have the right to consult with an attorney of their choice, and the government provides an attorney at public expense if defendants demonstrate financial need, as stated above. Defendants and their attorneys have the right to adequate time and facilities to prepare a defense. The government provides an interpreter to any defendant who cannot understand or speak German and does so free of charge if the defendant demonstrates financial need or is acquitted. Defendants have access to all court-held evidence relevant to their cases. Defendants may question the prosecution’s witnesses and may introduce their own witnesses and evidence in support of their case. Defendants may not be compelled to testify or confess guilt. Defendants have the right to appeal.

The law does not allow courts to punish a person twice for the same crime. A court may, however, order an offender convicted of rape, homicide, or manslaughter to spend additional time in “subsequent preventive detention” after completing a sentence. The court can only order preventive detention if it determines that the offender suffers from a mental disorder or represents a continuing serious danger to the public. The law permits the imposition of such detention for an indefinite period, subject to periodic review.

Because the law does not regard such detention as punishment, authorities are legally required to keep those in preventive detention in separate buildings or in special prison sections with better conditions than those of the general prisons. Authorities must also provide detainees with a range of social and psychological therapy programs. According to the Federal Statistics Office, 551 offenders were held under preventive detention at the end of March 2019.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

Citizens may file complaints about abuses of their human rights with petition committees and commissioners for citizens’ affairs. Citizens usually referred to these points of contact as “ombudsmen.” Additionally, an independent and impartial judiciary in civil matters provides court access for lawsuits seeking damages for, or cessation of, a human rights abuse. Persons who exhaust domestic legal remedies may appeal cases involving alleged government violations of the European Convention on Human Rights to the European Court of Human Rights.

Property Restitution

The government has laws and mechanisms in place, and NGOs and advocacy groups reported it made significant progress on resolution of Holocaust-era claims, including for foreign citizens. Since the end of World War II through 2019, according to the Federal Ministry of Finance, the government paid approximately 77.8 billion euros ($93.4 billion) in Holocaust restitution and compensation. The country has also supported numerous public and private international reparation and social welfare initiatives to benefit Holocaust survivors and their families.

After World War II, the government adopted legislation to resolve compensation claims stemming from Nazi atrocities and Holocaust-era property confiscation. In 1952 the government designated the Conference on Jewish Material Claims against Germany (also known as the Jewish Claims Conference or JCC) as its principal partner in handling restitution and compensation claims made by Jewish victims of Nazi persecution.

Before German reunification in 1990, in accordance with the Federal Restitution Law, West German authorities provided property restitution and compensation payments for properties and businesses that were confiscated or transferred during the Holocaust era. The JCC assumed ownership of and auctioned off heirless properties, using the proceeds to fund the organization’s efforts to support Holocaust survivors and fund Holocaust education. For confiscated Jewish property located in what was formerly East Germany, the JCC filed additional claims under the 1990 Property Law, enacted after reunification. Since 1990 authorities have approved and granted restitution in 4,500 cases and provided compensation in approximately 12,000 cases. There were approximately 5,000 cases involving fixed assets pending processing at the Federal Office for Central Services and Unsettled Property Issues, including land, real estate, and company shares.

Regular negotiations between the JCC and the country’s federal government have expanded existing programs and introduced additional ones. In the September negotiations, the government agreed to increase the total funding level for 2021 by 30.5 million euro ($36.6 million) for home-care services for frail and aging Holocaust survivors. This brought the total global allocation to 554.5 million euro ($665.4 million). In addition, survivors who received previous one-time payments under a hardship fund are scheduled to receive additional payments of $1,400 in 2020 and 2021.

In 2015 the federal government established the German Lost Art Foundation (DZK) to promote provenance research. The DZK maintains an online “Lost Art” database. The database documents objects suspected or proven to be confiscated by the Nazis. In January the DZK launched an additional research database, presenting the results of research projects funded by the foundation and linked with other databases to support provenance research by documenting historical information. The DZK also created a help desk as a contact and information point for victims and their heirs to assist in conducting research by finding the right institutions and contacts.

In January, Minister of State for Culture Monika Gruetters presented three pieces of Nazi-looted art to the rightful heirs from France. Two of the paintings were from the Gurlitt Collection of approximately 1,500 pieces of looted art.

The Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released on July 29, can be found on the Department’s website: https://www.state.gov/reports/just-act-report-to-congress/.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution prohibits such actions, but there were assertions the government failed in some cases to respect these prohibitions.

The federal and state offices for the protection of the constitution (OPCs) continued to monitor political groups deemed to be potentially undermining the constitution, including left-wing extremist groups inside the Left party and right-wing extremist groups inside the Alternative for Germany (AfD), both of which have seats in the Bundestag, as well as the right-wing extremist National Democratic Party. Monitoring requires the approval of state or federal interior ministries and is subject to review by state or federal parliamentary intelligence committees.

On March 12, the Federal Office for the Protection of the Constitution (FOPC) announced it would formally surveil “the Wing,” a loose network consisting of far-right AfD party members. The FOPC took this step because the Wing aimed “at the exclusion, disparagement, and extensive deprivation of rights” of minorities and violated “the guarantee of human dignity as well as the principles of democracy and the rule of law.” At the end of April, in reaction to this announcement, the board members of “the Wing” dissolved their network.

On March 12, the state-level OPC in Thuringia announced it would monitor the AfD in Thuringia due to the party’s “general contempt” of migrants, its attempts to limit religious freedom through its concept of “de-Islamization,” and its maintenance of “personal links to extremist groups.”

On June 15, the Brandenburg OPC followed suit, announcing it would begin monitoring the state chapter of the AfD. State Interior Minister Stuebgen stated the Brandenburg AfD had grown increasingly radical since its founding and was “clearly directed against our free democratic basic order.”

In July the OPC in Saxony announced it would delete all of the information it had collected on members of the AfD who were members of state, federal, and European parliaments, because the constitutional prerequisite for data collection had not been met. The OPC could only collect elected officials’ information where the OPC had evidence the targeted officials were pursuing anticonstitutional goals. The Saxony OPC retracted the announcement a week later, stating that it was verifying whether this legal criterion had, in fact, been met. As of August the verification process was still in progress.

All OPC activities may be contested in court, including the Federal Constitutional Court. Following a 2014 Constitutional Court ruling, the government stated the FOPC would no longer monitor Bundestag members.

In 2018 approximately 30 politicians, journalists, and media figures (mostly women or minorities) reported having received threatening letters, often signed “NSU 2.0.” In at least two cases, the letters contained nonpublic information accessed from computers at Hesse police stations. One of the recipients was a lawyer who had defended victims’ families in the 2013-18 trials related to the right-wing terrorist organization National Socialist Underground. Investigators found that a police officer in Frankfurt had conducted an unauthorized search for her address; the officer also took part in a group chat with four other Frankfurt officers in which they shared right-wing extremist images and messages. The Hesse State Office for Criminal Investigation eventually identified 70 suspects within Hesse’s police force, of whom six were dismissed from office, while others have since been exonerated. Thirty individual investigations continued as of September, but the investigation has been unsuccessful in finding those responsible for sending the letters.

In 2018 Hamburg Data Protection Officer Johannes Caspar ordered Hamburg police to cease collecting facial recognition templates from cameras in public areas. Caspar stated the police database containing these templates was illegal because it continually collected images of innocent citizens. In May, Caspar confirmed that police had deleted the database. During the year Caspar also began legal action against Clearview, a New York-based firm, after a Hamburg man complained the company had violated his privacy when it obtained his image through data crawling.

In May the Gelsenkirchen administrative court ruled the Dortmund police may not use video cameras to monitor a street inhabited by suspected neo-Nazis. Four residents who are members of the Dortmund neo-Nazi scene sued to stop the recording.

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press. While the government generally respected these rights, it imposed limits on groups it deemed extremist. The government arrested, tried, convicted, and imprisoned a number of individuals for speech that incited racial hatred, endorsed Nazism, or denied the Holocaust (see also section 6, Anti-Semitism). An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression.

Freedom of Speech: In July the city of Wiesbaden outlawed the wearing of symbols resembling the Jewish yellow badge with the inscription “unvaccinated.” Some protesters and antivaccination activists had been wearing such symbols during demonstrations against coronavirus regulations. Wiesbaden mayor Oliver Franz called the symbols an “unacceptable comparison” that would trivialize the Holocaust.

In February state governments in Baden-Wuerttemberg, Hamburg, Rhineland-Palatinate, Saarland, and Schleswig-Holstein announced they would ban school students from wearing full-face veils. Baden-Wuerttemberg implemented the ban in July.

In August the Federal Labor Court rejected an appeal by Berlin against a regional labor court’s 2018 judgment that a general ban on teachers wearing religious symbols in schools was discriminatory. The federal court found the Berlin ban violated teachers’ freedom of religion.

Freedom of Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction. The law bans Nazi propaganda, Holocaust denial, and fomenting racial hatred.

Violence and Harassment: On May 1, an estimated 20 to 25 men attacked a seven-member camera team in Berlin filming a demonstration against the COVID restrictions, hospitalizing six of the camera team. Berlin’s police chief Barbara Slowik announced the state security service was investigating the matter, but on May 2, six suspects were released from custody, and no arrest warrants were issued.

In August the German Union of Journalists and the German Federation of Journalists criticized Berlin police for failing to protect journalists covering COVID protests. The two unions reported police failed to intervene when protesters repeatedly insulted, threatened, and attacked photographers and film crews, forcing some of the journalists to stop covering the August 1 protests.

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, with one exception, and there were no credible reports that the government monitored private online communications without appropriate legal authority. The exception is that the law permits the government to take down websites that belong to banned organizations or include speech that incites racial hatred, endorses Nazism, or denies the Holocaust. Authorities worked directly with internet service providers and online media companies to monitor and remove such content. Authorities monitored websites, social media accounts, messenger services, and streaming platforms associated with right-wing extremists. The state-level project Prosecution Rather Than Deletion in North Rhine-Westphalia (NRW) received 771 offense reports, primarily for incitement.

Academic Freedom and Cultural Events

There were government restrictions on academic freedom and cultural events supporting extreme right-wing neo-Nazism.

b. Freedoms of Peaceful Assembly and Association

While the constitution provides for the freedoms of peaceful assembly and association, the government restricted these freedoms in some instances.

Freedom of Peaceful Assembly

Groups seeking to hold open-air public rallies and marches must obtain permits, and state and local officials may deny permits when public safety concerns arise or when the applicant is from a prohibited organization, mainly right-wing extremist groups. Authorities allowed nonprohibited right-wing extremist or neo-Nazi groups to hold public rallies or marches when they did so in accordance with the law.

In an attempt to limit the COVID-19 outbreak in March, state governments temporarily banned political demonstrations. Some protests took place nonetheless, including protests against the COVID-related restrictions. Beginning in late April, restrictions on demonstrations were gradually relaxed as long as protesters observed social distancing rules to limit the spread of COVID-19. Police broke up demonstrations where they deemed protesters violated these rules.

It is illegal to block officially registered demonstrations. Many anti-Nazi activists refused to accept such restrictions and attempted to block neo-Nazi demonstrations or to hold counterdemonstrations, resulting in clashes between police and anti-Nazi demonstrators.

Police detained known or suspected activists when they believed such individuals intended to participate in illegal or unauthorized demonstrations. The length of detention varied from state to state.

Freedom of Association

The government restricted freedom of association in some instances. The law permits authorities to prohibit organizations whose activities the Constitutional Court or federal or state governments determine to be opposed to the constitutional democratic order or otherwise illegal. While only the Federal Constitutional Court may prohibit political parties on these grounds, both federal and state governments may prohibit or restrict other organizations, including groups that authorities classify as extremist or criminal in nature. Organizations have the right to appeal such prohibitions or restrictions.

The federal and state OPCs monitored several hundred organizations. Monitoring consisted of collecting information from public sources, written materials, and firsthand accounts, but it also included intrusive methods, such as the use of undercover agents who were subject to legal oversight. The federal and state OPCs published lists of monitored organizations, including left- and right-wing political parties. Although the law stipulates surveillance must not interfere with an organization’s legitimate activities, representatives of some monitored groups, such as Scientologists, complained that the publication of the organizations’ names contributed to prejudice against them.

c. Freedom of Religion

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

d. Freedom of Movement

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation; the government generally respected these rights.

In-country Movement: Authorities issued three types of travel documents to stateless individuals: those with refugee or asylum status, and foreigners without travel documents. Stateless individuals received a “travel document for the stateless.” Those with recognized refugee and asylum status received a “travel document for refugees.” Foreigners from non-EU countries received a “travel document for foreigners”if theydid not have a passport or identity document and could not obtain a passport from their country of origin.

A 2016 federal government law requires refugees with recognized asylum status who received social benefits to live within the state that handled their asylum request for a period of three years, and several states implemented the residence rule. States themselves can add other residence restrictions, such as assigning a refugee to a specific city. Local authorities who supported the rule stated that it facilitated integration and enabled authorities to plan for increased infrastructure needs, such as schools.

In response to the COVID-19 pandemic, numerous municipalities and state governments imposed a variety of strict temporary restrictions on freedom of movement to prevent the spread of the virus, including stay-at-home requirements throughout the country and Mecklenburg-Western Pomerania’s entry ban on visitors from out of state. Citizens challenged many of these restrictions in court, with varying results. For example, while Saarland’s state Constitutional Court suspended on April 28 the state ban on leaving one’s home without a “good reason,” The Bavarian Administrative Court ruled on April 28 that the state’s similar restriction was valid on the basis that there were in fact many good reasons to leave one’s home. While most restrictions were lifted in the summer, as of November the government had instituted a nationwide ban on overnight accommodations in an attempt to restrict in-country travel.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern.

Abuse of Migrants, Refugees, and Stateless Persons: Assaults on refugees, asylum seekers, and migrants continued, as did attacks on government-provided asylum homes. On August 1, prosecutors charged three private security guards at a government-run reception center for asylum seekers in Halberstadt, Saxony-Anhalt with causing bodily harm after a video appeared online in April 2019 showing guards beating an asylum seeker. The trial continued as of November.

On May 16, a group of 15-20 youths attacked four asylum seekers in Guben, Brandenburg. Two were able to flee, but the other two were beaten, kicked, and racially insulted. A 16-year-old Guinean and a 19-year-old Moroccan were injured and had to be treated in the hospital. Investigations continued as of September.

On April 22, the Administrative Court of Leipzig ruled an asylum seeker could leave the holding center where he was staying because it was too crowded to respect COVID-19 distancing rules. The man had to share a room of 43 square feet with another person and had to share toilets, showers, and a kitchen with 49 other residents. The state of Saxony declared it would appeal the decision, and the case continued as of September.

In May, Bundestag members Filiz Polat and Luise Amtsberg (both Green Party) accused the federal government of a systemic failure in its dealing with refugees amidst the COVID-19 pandemic. They criticized that refugees were confined together in cramped living conditions where the coronavirus could easily spread. They also faulted the federal government for ending many legal forms of immigration in light of COVID-19 while still enabling thousands of seasonal workers to enter the country in disregard of infection protection measures.

Refoulement: In 2018 the government lifted its deportation ban for Afghanistan, with 107 refugees deported to that country during the first three months of the year. Previous federal policy permitted deportations only of convicted criminals and those deemed a security risk. NGOs including Amnesty International criticized the policy as a breach of the principle of refoulement. On March 30, the Ministry of the Interior announced a temporary ban on deportations to Afghanistan due to the COVID-19 pandemic.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. The country faced the task of integrating approximately 1.3 million asylum seekers, refugees, and migrants who arrived between 2015 and 2017. The Federal Office for Migration and Refugees (BAMF) reported 165,938 asylum requests in 2019 and 74,429 requests in the first eight months of the year (see also section 6, Displaced Children).

BAMF reported 962 persons from China requested asylum in the country in 2019, more than doubling the previous year’s figures. Of the total of 962, 193 applicants were Uyghurs, nearly triple the figure from 2018; 96 percent of Uyghur asylum requests were granted.

The NGO Pro Asyl criticized the “airport procedure” for asylum seekers who arrive at the country’s airports. Authorities stated the airport procedure was used only in less complex cases and that more complex asylum cases were referred for processing through regular BAMF channels. Authorities maintained that only persons coming from countries the government identified as “safe” (see below) and those without valid identification documents could be considered via the “fast track procedure.” The “fast track procedure” enabled BAMF to decide on asylum applications within a two-day period, during which asylum applicants were detained at the airport. If authorities denied the application, the applicant had the right to appeal. Appeals were processed within two weeks, during which the applicant was detained at the airport. If the appeal was denied, authorities deported the applicant. The NGO Fluechtlingsrat Berlin criticized a similar “fast track” or “direct” procedure applied to some asylum seekers in Berlin. The organization claimed asylum applicants were not provided with sufficient time and access to legal counsel.

In 2018 BAMF suspended the head of its Bremen branch, Ulrike Bremermann, amid allegations she improperly approved up to 1,200 asylum applications. In April 2019, however, a BAMF review concluded that just 145 of 18,000 positively approved Bremen asylum decisions since 2006 that were reviewed by a special commission (0.81 percent) should be subject to legal review–a proportion below the national average of 1.2 percent. In September 2019 a Bremen prosecutor brought charges against Bremermann and two private lawyers. They are accused of 121 criminal offenses–mainly asylum law violations, but also falsifying documents and violating official secrets. In November the Bremen Regional Court rejected 100 of the charges, including all of the charges related to violations of the asylum and residence laws, asserting there was “no criminal offense committed.” As of November the trial for the remaining 21 minor charges had not begun.

Safe Country of Origin/Transit: The country adheres to the EU’s Dublin III regulation that permits authorities to turn back or deport individuals who entered the country through “safe countries of transit,” which include the EU member states, and Switzerland, Norway, Iceland, and Liechtenstein. “Safe countries of origin” also include Albania, Bosnia and Herzegovina, Ghana, Kosovo, North Macedonia, Montenegro, Senegal, and Serbia. The government did not return asylum seekers to Syria. Pro Asyl pointed out that asylum seekers who under the Dublin III regulation fell into another EU state’s responsibility but could not be returned to that country often remained in a legal gray zone. They were not allowed to work or participate in integration measures, including German-language classes.

Freedom of Movement: Under a 2019 law addressing deportation, all asylum seekers must remain in initial reception facilities until the end of their asylum procedure, up to 18 months. Rejected asylum seekers who do not cooperate sufficiently in obtaining travel documents can be obliged to stay in the institutions for longer than 18 months. Authorities can arrest without a court order persons who are obliged to leave the country. Persons obliged to leave the country who do not attend an embassy appointment to establish their identity can be placed in detention for 14 days. The law indicates that persons detained under “deportation detention”–including families and children–would be held in regular prisons. Refugees deemed to be flight risks can be taken into preventive detention. Officials who pass on information regarding a planned deportation are liable to prosecution. Legal scholars stress the regulations are legally problematic because both the German constitution and the EU Return Directive pose high hurdles for deportation detention. The law also provides for the withdrawal after two weeks of all social benefits from those recognized as asylum seekers in other EU states. As of January no federal state had made use of the law.

Authorities issued 11,081 expulsion orders in 2019, considerably more than the 7,408 expelled in 2018. Persons originating from Ukraine (1,252 cases), Albania (1,220), and Serbia (828) were subject to the highest number of expulsions, which are orders to leave the country, often due to criminal activity. Bundestag member Ulla Jelpke (Left Party) called for an abolition of the practice, arguing that some of the expellees had been living in the country for decades.

Employment: Persons with recognized asylum status were able to access the labor market without restriction; asylum seekers whose applications were pending were generally not allowed to work during their first three months after applying for asylum. According to the Federal Employment Agency, approximately 270,000 refugees were unemployed as of August. Migration experts estimated 40-45 percent of refugees who arrived in 2015 were employed at the end of 2019. Refugees and asylum seekers faced several hurdles in obtaining employment, including lengthy review times for previous qualifications, lack of official certificates and degrees, and limited German language skills.

The law excludes some asylum seekers from access to certain refugee integration measures, such as language courses and employment opportunities. This applies to asylum seekers from countries considered “safe countries of origin” and unsuccessful asylum seekers who cannot be returned to the country through which they first entered the area covered by the Dublin III regulation. The government did not permit rejected asylum seekers or persons with temporary protected status who are themselves responsible for obstacles to deportation to work, nor asylum seekers from safe countries of origin if they applied for asylum after 2015.

Access to Basic Services: State officials retain decision-making authority on how to house asylum seekers, refugees, and migrants and whether to provide allowances or other benefits.

Several states provided medical insurance cards for asylum seekers. The insurance cards allow asylum seekers to visit any doctor of their choice without prior approval by authorities. In other states, asylum seekers received a card only after 15 months, and community authorities had to grant permits to asylum seekers before they could consult a doctor. The welfare organization Diakonie criticized the medical insurance card system, which only enabled asylum seekers to obtain emergency treatment. Local communities and private groups sometimes provided supplemental health care.

Durable Solutions: The government accepted for resettlement and facilitated the local integration (including naturalization) of refugees who had fled their countries of origin, particularly for refugees belonging to vulnerable groups. Such groups included women with children, refugees with disabilities, victims of trafficking in persons, and victims of torture or rape. Authorities granted residence permits to long-term migrants, asylum seekers, refugees, and migrants who could not return to their countries of origin.

The government assisted asylum seekers, refugees, and migrants with the safe and voluntary return to their countries. In the first half of the year, authorities provided financial assistance of 300 to 500 euros ($360 to $600) to approximately 1,691 individuals to facilitate voluntary returns to their country of origin. Beneficiaries were either rejected asylum seekers or foreigners without valid identification. The largest group of program applicants came from Iraq.

Temporary Protection: The government provides two forms of temporary protection–subsidiary and humanitarian–for individuals who do not qualify as refugees. In the first eight months of the year, the government extended subsidiary protection to 12,267 persons. This status is usually granted if a person does not qualify for refugee or asylum status but might face severe danger in his or her country of origin due to war or conflict. During the same period, 3,816 individuals were granted humanitarian protection. Humanitarian protection is granted if a person does not qualify for any form of protected status, but there are other humanitarian reasons the person cannot return to his or her country of origin (for example, unavailability of medical treatment in their country of origin for an existing health condition). Both forms of temporary protection are granted for one year and may be extended. After five years, a person under subsidiary or humanitarian protection can apply for an unlimited residency status if he or she earns enough money to be independent of public assistance and has a good command of German.

g. Stateless Persons

UNHCR reported 14,947 stateless persons in the country at the end of 2019. Some of these persons lost their previous citizenship when the Soviet Union collapsed or Yugoslavia disintegrated. Others were Palestinians from Lebanon and Syria.

Laws and policies provide stateless persons the opportunity to gain citizenship on a nondiscriminatory basis. Stateless persons may apply for citizenship after six years of residence. Producing sufficient evidence to establish statelessness could often be difficult, however, because the burden of proof is on the applicant. Authorities generally protected stateless persons from deportation to their country of origin or usual residence if they faced a threat of political persecution there.

The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: The Organization for Security and Cooperation in Europe and 45 parliamentarians from 25 countries observed the country’s federal elections in September 2017 and considered them well run, free, and fair.

Political Parties and Political Participation: Political parties generally operated without restriction or outside interference unless authorities deemed them a threat to the federal constitution. When federal authorities perceive such a threat, they may petition the Federal Constitutional Court to ban the party.

Under the law each political party receives federal public funding commensurate with the party’s election results in state, national, and European elections. Under the constitution, however, extremist parties who seek to undermine the constitution are not eligible for public funding. In July 2019 the Bundesrat, Bundestag, and federal government filed a joint claim with the Federal Constitutional Court to exclude the right-wing extremist National Democratic Party (NPD) from receiving state party financing, arguing that the NPD seeks to undermine the democratic order in the country. The case was pending as of September.

In December 2019 the NRW State Constitutional Court declared the abolition of the run-off election rule in local elections unconstitutional. A run-off vote is generally held two weeks after the election if no candidate for the office of lord mayor, mayor, or district administrator achieves an absolute majority of votes. The opposition in the state parliament had filed suit against the abolition, arguing it would result in the election of local officials who had received as little as 25 percent of the vote.

Participation of Women and Members of Minority Groups: No laws limit the participation of women and members of minority groups in the political process, and they did participate. The head of the government, Federal Chancellor Angela Merkel, is a woman; within the Federal Cabinet, six of 16 ministers are women, including the ministers of defense and justice. In the parliament approximately 30 percent of the members are women.

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. There were isolated reports of government corruption during the year.

Financial Disclosure: Members of state and federal parliaments are subject to financial disclosure laws that require them to publish their earnings from outside employment. Sanctions for noncompliance range from an administrative fine to as much as half of a parliamentarian’s annual salary. Appointed officials are subject to the public disclosure rules for civil servants, who must disclose outside activities and earnings. If the remuneration exceeds certain limits, which vary by grade, the employee must transfer the excess to the employing agency. Under the federal disciplinary law, sanctions for noncomplying officials include financial penalties, reprimand, or dismissal.

In September 2018, Bundestag member Philipp Amthor of the Christian Democratic Union (CDU) lobbied on behalf of a U.S. firm, securing meetings between company representatives and Federal Minister of Economics Peter Altmaier (CDU), without disclosing he had received stock options and a seat on the company’s board of directors. Following the June disclosure of his actions, Amthor ended his cooperation with the company and returned the stock options. The Berlin public prosecutor’s office announced in July it would not initiate an official investigation for bribery. Free Democratic Party, Green Party, and Left Party Bundestag members accused the governing CDU/Social Democratic Party of Germany (SPD) coalition of delaying the introduction of a lobbying register, which they stated would prevent such potential conflicts of interest by increasing transparency in politics.

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were cooperative and responsive to their views.

Government Human Rights Bodies: A number of government bodies worked independently and effectively to protect human rights. The Bundestag has a Committee for Human Rights and Humanitarian Aid and one for Petitions. The Petitions Committee fields complaints from the public, including human rights concerns. The German Institute for Human Rights has responsibility for monitoring the country’s implementation of its international human rights commitments, including treaties and conventions. The Federal Anti-Discrimination Agency (FADA) is a semi-independent body that studies discrimination and assists victims of discrimination. The Office of the Federal Commissioner for Persons with Disabilities has specific responsibility for protecting the rights of persons with disabilities. The Justice Ministry’s commissioner for human rights oversees implementation of court rulings related to human rights protections.

Women

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

In 2018 an off-duty police officer in Berlin raped a 24-year-old woman. The Berlin public prosecutor’s office emphasized that the officer was off-duty and his status had no bearing on the alleged crime. In February the officer was sentenced to six and a half years in prison.

In February a Cologne judge dismissed sexual assault proceedings against a defendant who allegedly grabbed a woman under her skirt in November 2019. The judge argued the alleged assault was minor and took place at the start of the carnival season. A local advocacy group against sexual violence criticized the decision in a public letter and protested in front of the court.

In June Rhineland-Palatinate became the first state to open a contact point for victims of sex-based discrimination and sexual harassment within the state government administration. The contact point is operated by the NGO Pro Familia.

The federal government, the states, and NGOs supported numerous projects to prevent and respond to cases of gender-based violence, including providing victims with greater access to medical care and legal assistance. Approximately 340 women’s shelters offering a total of 6,700 beds operated throughout the country. The NGO Central Information Agency of Autonomous Women’s Homes (ZIF) reported accessibility problems, especially in bigger cities, because women who found refuge in a shelter tended to stay there longer due to a lack of available and affordable housing. ZIF also stated refugee women are particularly vulnerable, since they are required to maintain residence in a single district for three years and many live in districts in which there are no women’s shelters. Multiple NGOs expressed concern the COVID-19 lockdown constrained opportunities for women to escape violent domestic situations. ZIF called for additional government funding to place women and children in hotels if quarantine rendered its shelters inaccessible.

Female Genital Mutilation/Cutting (FGM/C): FGM/C of women and girls is a criminal offense punishable by one to 15 years in prison, even if performed abroad. Authorities can revoke the passports of individuals who they suspect are traveling abroad to subject a girl or woman to FGM/C; however, authorities have not taken this step since the law took effect in 2017. FGM/C affected segments of the immigrant population, in particular those from Eritrea, Iraq, Somalia, Indonesia, Nigeria, and Egypt, and their children born in the country. A working group under the leadership of the Federal Ministry for Family Affairs, Senior Citizens, Women, and Youth worked with other federal government bodies and all 16 states to combat FGM/C. According to a June study by the Federal Ministry for Women and Families, the number of mutilated women and girls has risen from approximately 50,000 in 2017 to approximately 68,000. The ministry estimated approximately 2,800 to 14,900 girls in the country are also at risk of FGM/C. The ministry noted the growing number of cases is likely attributable to increased immigration from countries where FGM is practiced.

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

In April a trial in Essen against 13 members of an extended Syrian family who attempted an “honor killing” ended with prison terms for eight defendants of up to eight and a half years and three suspended sentences. The defendants beat and stabbed a man in 2018 for having an affair with a married family member.

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

Reproductive Rights: Couples and individuals had the right to decide the number, spacing, and timing of their children; manage their reproductive health; and have access to the information and means to do so, free from discrimination, coercion, or violence. There are no legal, social, or cultural barriers, nor government policies that adversely affect access to contraception nor to attendance of skilled health personnel during pregnancy and childbirth. The government provided access to sexual and reproductive health services for sexual violence survivors.

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

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

Children

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

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

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

Legislation passed in 2017 nullifies existing marriages conducted in other countries in which at least one spouse was younger than age 16 at the time of the wedding, even if they were of legal age in the country where the marriage was performed. Individuals ages 16 or 17 can petition a judge on a case-by-case basis to recognize their foreign marriage if they face a specific hardship from not having their marriage legally recognized. Complete central statistics are unavailable on such cases. Child and forced marriage primarily affected girls of foreign nationality.

Sexual Exploitation of Children: The law prohibits commercial sexual exploitation, sale, offering, or procuring children for prostitution and practices related to child pornography, and authorities enforced the law. The minimum age for consensual sex is 14 years unless the older partner is older than 18 and is “exploiting a coercive situation” or offering compensation, and the younger partner is younger than 16. It is also illegal for a person who is 21 or older to have sex with a child younger than 16 if the older person “exploits the victim’s lack of capacity for sexual self-determination.”

Crime statistics indicate approximately 43 children became victims of sexual violence daily in 2019. The number of child pornography cases processed by police rose by 65 percent in 2019, to approximately 12,260.

In June police uncovered a child abuse ring in Muenster, NRW. The main suspect was a 27-year-old man suspected of sexually abusing the 10-year-old son of his partner; he also produced pornography of the abuse and sold it online, and offered his foster son to others. As of September there were 11 suspects in custody.

In October 2019 a 43-year-old man was arrested in Bergisch-Gladbach, NRW, for severe child abuse. The case evolved into a large-scale investigation involving 400 police detectives and a network of at least 30,000 suspects. As of August authorities had identified 87 suspects. In the first case to go to trial, a 27-year-old man was sentenced to 10 years in prison for his role in the network. On September 11, the regional court sentenced a man from Krefeld for 13.5 years’ and a man from Viersen to 14.5 years’ imprisonment. The two 39-year-old men were convicted of serious child sexual abuse and of possession and distribution of child pornographic material. Investigations continued.

In January the Bundestag passed a law enabling undercover investigators to use artificially created videos of child sexual abuse to gain entry to internet forums. The government’s Independent Commissioner for Child Sex Abuse Issues offered a sexual abuse help online portal and an anonymous telephone helpline free of charge.

In April, NRW police established a unit in the Ministry of Interior specializing in child sexual abuse investigations. Statewide, police staff in this area quadrupled to approximately 400 police officers.

In July 2019 a parliamentary committee opened an investigation into possible failures and misconduct of the NRW state government in a case of multiple sexual abuse of children at a campground in Luegde. As of November the investigation continued, with sessions scheduled until December 18.

Displaced Children: According to the NGO Federal Association for Unaccompanied Minor Refugees (BumF), 2,689 unaccompanied minors applied for asylum in the country in 2019, approximately half of whom came from three countries: Afghanistan, Guinea, and Syria. BAMF granted some form of asylum to unaccompanied minors in just 56.2 percent of cases, a sharp drop from 94.5 percent in 2016. BumF observed that some unaccompanied minors might have become victims of human trafficking. For more information see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

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

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

Observers estimated the country’s Jewish population to be almost 200,000, of whom an estimated 90 percent were from the former Soviet Union. There were approximately 107,000 registered Jewish community members.

Manifestations of anti-Semitism, including physical and verbal attacks, occurred at public demonstrations, sporting and social events, in schools, in the street, in certain media outlets, and online. Apart from anti-Semitic speech, desecration of cemeteries and Holocaust monuments represented the most widespread anti-Semitic acts. The federal government attributed most anti-Semitic acts to neo-Nazi or other right-wing extremist groups or persons, and such acts increased during the year. Jewish organizations also noted anti-Semitic attitudes and behavior among some Muslim youth and left-wing extremists. NGOs agreed that right-wing extremists were responsible for the majority of anti-Semitic acts but cautioned that federal statistics misattributed many acts committed by Muslims as right-wing.

In 2019 the Federal Ministry of Interior reported 2,032 anti-Semitic crimes, a 13 percent increase from the 1,799 anti-Semitic crimes in 2018. In presenting the data, Federal Interior Minister Horst Seehofer (Christian Socialist Union) postulated that right-wing extremists posed the greatest threat to the country’s democracy. NGOs working to combat anti-Semitism cautioned the number of anti-Semitic attacks officially noted was likely misleading, because a significant number of cases may have been unreported.

The FOPC’s annual report stated the number of violent right-wing anti-Semitic incidents rose from 48 in 2017 to 56 in 2019. The FOPC also identified three anti-Semitic incidents with a religious ideological motivation and five with a foreign ideological motivation. Federal prosecutors brought charges against suspects and maintained permanent security measures around many synagogues.

On July 21, the trial of the gunman who killed two German nationals in Halle and attacked the synagogue outside of which they stood on Yom Kippur in 2019 commenced in Magdeburg, Saxony-Anhalt. Defendant Stephan Baillet testified to being motivated by xenophobia and anti-Semitism in court, repeating anti-Semitic conspiracy theories and calling Muslim refugees in the country “conquerors.” While he reportedly acted alone, far-right online fora played a role in his radicalization. Baillet also released a manifesto online detailing his objective and live-streamed the attack on streaming platform Twitch. As of November the trial of Stephan Baillet was still proceeding.

In December 2019 a Mecklenburg-Western Pomerania court sentenced former special weapons and tactics team (SEK) officer Marko G. to 21 months’ probation for possession of weapons and violations of the War Weapons Control Act. During an April 2019 raid, police found 55,000 rounds of ammunition at G.’s residence, most of which belonged to seven separate German state police forces, the federal police, and the German Armed Forces. G. was the leader of the group Nordkreuz (Northern Cross), which spread anti-Semitic conspiracies and had drawn up plans to take advantage of what they saw as the country’s impending economic collapse to kill prorefugee and other left-wing politicians.

On January 19, a boy found a homemade explosive device near the access area of the Mittelbau-Dora concentration camp memorial site. Due to the proximity to the memorial, the Thuringia State Security service was also involved in the investigation, which continued as of September.

In November 2019 a 19-year-old Jewish man was attacked by a 23-year-old man in a Freiburg gym for wearing a kippah. The attacker insulted him as a “dirty Jew,” spat into his kippah, and threw it in the trash. Only one of several bystanders tried to help. The attacker then left the gym without being stopped by employees. Police identified the attacker a few weeks after the incident. In May a Freiburg district court sentenced the attacker for incitement and defamation to a suspended prison sentence of six months and a monetary fine.

In December 2019 unknown perpetrators knocked down 40 gravestones at the Jewish cemetery in Geilenkirchen, NRW, spraying some with paint. In January more than 1,300 persons demonstrated against the cemetery’s desecration. In July the chief rabbi of Munich, Rabbi Brodman, was attacked by four Muslims who shouted derogatory remarks at him. Police launched a manhunt but did not locate the perpetrators.

From mid-March to mid-June, the Department for Research and Information on Antisemitism registered anti-Semitic incidents at 123 separate demonstrations against restrictions to prevent the spread of COVID-19. Incidents included positive references to Nazis, including comments by protest organizer Attila Hildmann that Adolf Hitler was “a blessing” in comparison to Angela Merkel, and the use of anti-Semitic conspiracy myths, including the assertion that Jews were responsible for unleashing the corona virus.

On June 18, the Bundestag passed the Act on Combating Right-Wing Extremism and Hate Crimes, requiring social networks not only to assess and potentially restrict illegal content, but also to report online hate crimes, including anti-Semitic hate speech, to the Federal Criminal Police. Federal President Steinmeier announced in October he would not sign the bill into law until the government made specific revisions to make it constitutional.

Many prominent government officials repeatedly condemned anti-Semitism throughout the year, including Federal Chancellor Merkel, Federal President Steinmeier, and Foreign Minister Maas. In 2018 the federal government created the position Federal Commissioner for Jewish Life in Germany and the Fight against Anti-Semitism. Since then, 15 of 16 states have also established state-level commissioners to combat anti-Semitism. The positions’ responsibilities vary by state but involve meeting with the Jewish community, collecting statistics on anti-Semitic acts, and designing education and prevention programs. A federal and state-level Commission to Combat Anti-Semitism and Protect Jewish Life including all commissioners was founded in summer 2019 and meets twice a year to coordinate strategies.

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

Persons with disabilities faced particular difficulties in finding housing.

State officials decide whether children with disabilities may attend mainstream or segregated schools. The law obliges all children to attend school, so those with disabilities do so at the same rate as children without disabilities. In some instances parents or teachers in mainstream schools protested against the inclusion of students with disabilities, primarily because they perceived the schools had insufficient resources and capabilities to address their needs.

In June disability rights NGOs criticized governmental discrimination during the COVID-19 pandemic. The government classified persons with disabilities as a “risk group,” for which stricter protective regulations applied. This included, for example, a prohibition on group travel by persons with disabilities and a requirement for assisted living residents to quarantine for two weeks if they left their facility. NGOs criticized the government’s giving higher priority to more restrictive rules for persons with disabilities over their rights to freedom and self-determination.

Members of National/Racial/Ethnic Minority Groups

The annual FOPC report for 2019 recorded 21,290 politically motivated crimes committed by individuals with right-wing extremist backgrounds, 925 of which were violent–a 15-percent decline from the previous year. Of these, 695 were categorized as xenophobic. The 2019 FADA report detailed a 10 percent annual increase in complaints of racism. In June, Berlin enacted a law making it easier for victims of discrimination to claim damages and compensation. If discrimination is considered “predominantly likely,” authorities must prove there was no discrimination.

In March a Nigerian immigrant appeared at a police station in Essen to report the theft of her purse. She asserted the officers refused to take her charge seriously, insulted her with racial epithets, and ultimately became violent. Several family members of the woman fought with police and were hospitalized for their injuries. Bochum police were investigating the Essen incident, and the investigation continued as of November.

Following the February arrest of a Hamm police officer on suspicion of involvement in a right-wing terror cell, NRW interior minister Reul announced in March all police authorities in NRW would appoint extremism commissioners to collect information on extremist attitudes among police officers.

In February the Villingen-Schwenningen police academy in Baden-Wuerttemberg suspended seven police cadets for having shared racist, anti-Semitic, and misogynistic content through a private WhatsApp chat group. Offenburg prosecutors closed their investigation in March and found the group did not commit a punishable offense, but the police academy and the Baden-Wuerttemberg Interior Ministry stated disciplinary action would proceed and that the cadets would ultimately be dismissed.

In September the NRW Interior Ministry suspended 29 police officers for participating in a right-wing chat group in which they shared extremist propaganda, including photographs of Adolf Hitler and swastikas. The NRW Interior Ministry announced it was conducting criminal investigations and would create a new position specifically to monitor right-wing extremism across the NRW police force.

A spokesperson for the Federal Ministry of the Interior announced June 11 the federal government would investigate possible racist tendencies in its police forces, and the federal Ministries of the Interior and Justice would develop a study on racial profiling. Many persons reported they were targeted by police because of their skin color, and the European Commission against Racism and Intolerance has long reported racial profiling is widespread among German police forces. On July 6, however, a spokesperson for the ministry stated Minister Horst Seehofer saw no need for such a study and it would be canceled. In July and August, 75,000 citizens signed a petition requesting the Bundestag to go forward with the study, which assured the Petitions Committee of the Bundestag would publicly discuss the topic. In October the Ministry of Interior announced it would begin a study on racism in society and an additional study on difficulties and frustration in the everyday life of security officers, including the violence and hatred they sometimes confront. A study by University of Bochum criminologists concluded in November ethnic minorities faced structural discrimination from police.

On February 19, right-wing extremist Tobias Rathjen fired shots at two separate shisha bars in Hanau, Hesse, killing nine persons and injuring several others. The bars were frequented by migrant communities, and most of the victims had migrant backgrounds. Police later found the bodies of the deceased suspect and his mother in his Hanau apartment as well as a pamphlet outlining the suspect’s ideology that included racist language and conspiracy theories. Following the attack, politicians and civil society mourned the victims at events across the country; Federal President Frank-Walter Steinmeier (SPD), Hesse minister president Volker Bouffier (CDU), and Hanau lord mayor Claus Kaminsky (SPD) spoke at an evening vigil in Hanau attended by approximately 5,000 persons. The investigation of the case continued. In response to the attack, Federal Chancellor Merkel announced March 2 the creation of a cabinet committee to fight against right-wing extremism and racism.

In August 2019 a 51-year-old man shot a Nigerian-born German man twice at a community center in Ulm, Baden-Wuerttemberg, injuring the victim’s shoulder. In May an Ulm district court sentenced the attacker to a suspended 15-month prison term, saying he had acted out of racist motivation. According to the victim, the attacker had shouted “El Paso, Texas” (in reference to the mass shooting that had occurred there the same day).

On August 1, 12 right-wing extremists, first verbally and then physically attacked three Guineans in Erfurt, Thuringia. Two men were injured, one of them seriously. Police arrested 12 suspects but released them the next day, arguing they did not present flight risks. Thuringia’s minister of the interior Maier criticized this as a catastrophe for the victims and residents alike. As of September the Thuringian State Criminal Police Office and the Erfurt Public Prosecutor’s Office were still investigating.

The Association of Counseling Centers for Right-wing, Racist, and Anti-Semitic Violence (VBRG) announced in early May it had documented more than 130 cases of racist attacks on persons with Asian backgrounds in relation to the COVID-19 pandemic. According to the VBRG, the actual number of attacks–which included verbal abuse, spitting, and spraying with disinfectant–was likely much higher.

Persons of foreign origin sometimes faced difficulties with finding housing. FADA reported cases of landlords denying rental apartments to persons not of ethnic-German origin, particularly of Turkish and African origin.

Harassment of members of racial minorities, such as Roma and Sinti, remained a problem throughout the country. In May 2019 a burning torch was thrown at a vehicle in which a Romani family slept with their nine-month-old baby in Erbach, Baden-Wuerttemberg. In July 2019 police arrested five Germans ages 17 to 20 in connection with the crime, and in September they were facing trial. One of them admitted to throwing a torch but denied intending to kill the persons inside the trailer. The defendants were released from custody in May when attempted murder charges were dropped. The court was still investigating whether the attack was motivated by racism or anti-Romani sentiments.

In May a 25-year-old German with Turkish roots was arrested for four attacks on Turkish shops in Waldkraiburg, Bavaria in April and May, which injured several persons. He said he was motivated by “hatred of Turks” and claimed to be an admirer of the Islamic State. The defendant claimed to have planned attacks on mosques and the Turkish Consulate in Munich.

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

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

In October police arrested a 20-year-old Syrian refugee and known Islamist for attacking a homosexual couple in Dresden with a knife, fatally injuring one of them. The state Ministry of the Interior and Federal Prosecutor’s Office in Saxony rejected a homophobic motive, focusing instead on the crime’s radical Islamist background. LGBTI advocacy groups decried this as “unacceptable” and “disturbing.”

In November multiple individuals attacked a 20-year-old LGBTI individual in Frankfurt a week after he spoke in a YouTube video about queer topics and hostility toward the LGBTI community. Police made several arrests, but the initial police report did not mention a homophobic motive. Police confirmed several days later they would investigate whether the individual’s sexual orientation played a role in the attack.

On May 7, the Bundestag passed a bill making it an offense punishable by up to a year in prison to offer, advertise, or arrange treatments to convert homosexual or transgender minors by means of “conversion therapy.” Penalties are also possible if persons of legal age have been coerced to undergo such “therapy.”

In August a Kassel district court found Kassel University biology professor Ulrich Kutschera guilty of defamation and fined him. In a 2017 interview, Kutschera had alleged that sexual abuse of children was likelier to occur among same-sex parents and called same-sex couples “asexual erotic duos without reproduction potential.” Following the interview, 17 individuals filed charges against Kutschera. The prosecution had also pressed charges for incitement, but the judge acquitted the defendant on that count.

In July a Mecklenburg-Western Pomerania court sentenced a 32-year-old right-wing extremist to a five-month probation for hurling a bottle at the chair of the Neubrandenburg LGBTI group “queerNB” in December 2019.

In September a study by the German Institute for Economic Research and the University of Bielefeld found 30 percent of homosexuals and 40 percent of transgender persons faced discrimination in the workplace. Sexual harassment and workplace bullying were also commonplace, which led one-third of homosexuals to hide their sexuality from their colleagues.

HIV and AIDS Social Stigma

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

Other Societal Violence or Discrimination

The Federal Ministry of the Interior announced September 1 it had appointed a panel of 12 experts to develop strategies to identify, combat, and prevent hostility towards Muslims. The panel included experts from academia and civil society and was tasked with presenting a final report in two years.

In March the Fatih Mosque in Bremen received an envelope containing a powder-like substance alongside a letter with right-wing extremist content. The powder turned out to be harmless. As of September, Bremen police had not identified any suspects, nor had they made any progress on solving separate attacks on the mosque in 2017 and 2018.

On two separate occasions in July, unknown suspects left severed pig heads in front of the Islamic Cultural Center in Greifswald, Mecklenburg-Western Pomerania. Police were investigating as of September.

A 34-year-old Iraqi of Yezidi origin confessed in September 2019 to desecrating 50 copies of the Quran by throwing them into toilets, as well as to a similar incident in Schleswig-Holstein where he resides.

a. Freedom of Association and the Right to Collective Bargaining

The constitution, federal legislation, and government regulations provide for the right of employees to form and join independent unions, bargain collectively, and conduct legal strikes. Wildcat strikes are not allowed. The law prohibits antiunion discrimination and offers legal remedies to claim damages, including the reinstatement of unlawfully dismissed workers.

Some laws and regulations limit these labor rights. While civil servants are free to form or join unions, their wages and working conditions are determined by legislation, not by collective bargaining. All civil servants (including some teachers, postal workers, railroad employees, and police) and members of the armed forces are prohibited from striking.

Employers are generally free to decide whether to be a party to a collective bargaining agreement. Even if they decide not to be a party, companies must apply the provisions of a collective agreement if the Federal Ministry of Labor and Social Affairs declares a collective bargaining agreement generally binding for the whole sector. Employers not legally bound by collective bargaining agreements often used them to determine part or all of their employees’ employment conditions. Employers may contest in court a strike’s proportionality and a trade union’s right to take strike actions. The law does not establish clear criteria on strikes, and courts often rely on case law and precedent.

The government enforced applicable laws effectively. Actions and measures by employers to limit or violate freedom of association and the right to collective bargaining are considered unlawful and lead to fines. Penalties and remediation efforts were commensurate with those of equivalent laws denying civil rights.

Laws regulate cooperation between management and work councils (companies’ elected employee representation), including the right of the workers to be involved in management decisions that could affect them. Work councils are independent from labor unions but often have close ties to the sector’s labor movement. The penalty for employers who interfere in work councils’ elections and operations is up to one year in prison or a fine. Findings from 2019 showed that a significant number of employers interfered with the election of work council members or tried to deter employees from organizing new work councils. This practice has been criticized by labor unions for a long time; they call for stronger legislation that shields employees seeking to exercise their rights under the law.

b. Prohibition of Forced or Compulsory Labor

The constitution and federal law prohibit all forms of forced or compulsory labor. Penalties for forced labor range from six months to 10 years in prison and were generally commensurate with those of other serious crimes.

The government effectively enforced the law when they found violations, but NGOs questioned the adequacy of resources to investigate and prosecute the crime. Some traffickers received light or suspended sentences that weakened deterrence and undercut efforts to hold traffickers accountable, but the language was generally consistent with the country’s sentencing practices. In March media outlets released findings from a detailed investigation regarding migrant workers in the country who were lured under false pretenses and forced to work in squalid conditions with barely any pay. One media outlet reported that workers “described a sophisticated operation which kept tight control over their livelihoods. The men picked them up when they arrived, ran their accommodations, set rules for their workdays, and … decided when and how they would be paid.” Further, the workers “described deductions for everything from up-front ‘bureaucratic costs’ to monthly rent to gasoline for the car they were driven to work in, even the special safety boots they had to wear.”

There were reports of forced labor involving adults, mainly in the construction and food service industries. There were also reported cases in domestic households and industrial plants. In 2019 police completed 14 labor-trafficking investigations that identified 43 victims, nearly a third (13) of whom were from Ukraine.

In August 2019, 800 federal police officers conducted raids in the states of Thuringia and Saxony-Anhalt on the suspicion of human trafficking and labor exploitation of workers from Eastern Europe. As of September the general prosecutor in Erfurt was still investigating two Ukrainian nationals, one German recruiter, and one employee of a local authority.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor and provides for a minimum age of employment, including limitations on working hours and occupational safety and health restrictions for children. The law prohibits the employment of children younger than 15 with a few exceptions: Children who are 13 or 14 may perform work on a family-run farm for up to three hours per day or perform services such as delivering magazines and leaflets, babysitting, and dog walking for up to two hours per day, if authorized by their custodial parent. Children younger than 15 may not work during school hours, before 8 a.m., after 6 p.m., or on Saturdays, Sundays, or public holidays. The type of work must not pose any risk to the security, health, or development of the child and must not prevent the child from obtaining schooling and training. Children are not allowed to work with hazardous materials, carry or handle items weighing more than 22 pounds, perform work requiring an unsuitable posture, or engage in work that exposes them to the risk of an accident. Children between the ages of three and 14 may take part in cultural performances, but there are strict limits on the kind of activity, number of hours, and time of day.

The government effectively enforced the applicable laws, and penalties were commensurate with those of other serious crimes. Isolated cases of child labor occurred in small, family-owned businesses, such as cafes, restaurants, family farms, and grocery stores. Inspections by the regional inspection agencies and the resources and remediation available to them were adequate to ensure broad compliance.

d. Discrimination with Respect to Employment and Occupation

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

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

FADA highlighted that applicants of foreign descent and with foreign names faced discrimination even when they had similar or better qualifications than others. Workers filed 1,176 complaints with FADA alleging workplace discrimination because of their ethnic background; the majority of complaints concerned the private sector, where barriers for persons with disabilities also persisted.

The law provides for equal pay for equal work. In March the Federal Statistical Office found the gross hourly wages of women in 2019 were on average 20 percent lower than those of men. It blamed pay differences in the sectors and occupations in which women and men were employed, as well as unequal requirements for leadership experience and other qualifications as the principal reasons for the pay gap. Women were underrepresented in highly paid managerial positions and overrepresented in some lower-wage occupations. FADA reported women were also at a disadvantage regarding promotions, often due to career interruptions for child rearing.

The law imposes a gender quota of 30 percent for supervisory boards of certain publicly traded corporations. It also requires approximately 3,500 companies to set and publish self-determined targets for increasing the share of women in leading positions (executive boards and management) and to report on their performance. Consequently, the share of women on the supervisory boards of those companies bound by the law increased from approximately 20 percent in 2015 to nearly 35 percent in 2019. The representation of women on management boards in the top 200 companies stood at 14 percent.

There were reports of employment discrimination against persons with disabilities. The unemployment rate among persons with disabilities decreased to 11.2 percent in 2018, remaining considerably higher than that of the general population (on average 5.2 percent for 2018). Employers with 20 or more employees must hire persons with significant disabilities to fill at least 5 percent of all positions; companies with 20 to 40 employees must fill one position with a person with disabilities, and companies with 40 to 60 employees must fill two positions. Each year companies file a mandatory form with the employment office verifying whether they meet the quota for employing persons with disabilities. Companies that fail to meet these quotas pay a monthly fine for each required position not filled by a person with disabilities. In 2018 nearly 100,000 employers did not employ enough persons with disabilities and paid fines.

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

e. Acceptable Conditions of Work

The nationwide statutory minimum wage is below the internationally defined “at-risk-of poverty threshold” of two-thirds of the national median wage. The minimum wage does not apply to persons younger than 18, long-term unemployed persons during their first six months in a new job, or apprentices undergoing vocational training, regardless of age. A number of sectors set their own higher minimum wages through collective bargaining.

The government effectively enforced the laws and monitored compliance with the statutory and sector-wide minimum wages and hours of work through the Customs Office’s Financial Control Illicit Work Unit, which conducted checks on nearly 55,000 companies in 2019. Employees may sue companies if employers fail to comply with the Minimum Wage Act, and courts may sentence employers who violate the provisions to pay a substantial fine. Penalties for wage and hour violations were commensurate with those of similar crimes.

Federal regulations set the standard workday at eight hours, with a maximum of 10 hours, and limit the average workweek to 48 hours. For the 54 percent of employees who are directly covered by collective bargaining agreements, the average agreed working week under existing agreements is 37.7 hours. The law requires a break after no more than six hours of work, stipulates regular breaks totaling at least 30 minutes, and sets a minimum of 24 days of paid annual leave in addition to official holidays. Provisions for overtime, holiday, and weekend pay varied, depending upon the applicable collective bargaining agreement. Such agreements or individual contracts prohibited excessive compulsory overtime and protected workers against arbitrary employer requests.

Extensive laws and regulations govern occupational safety and health. A comprehensive system of worker insurance carriers enforced safety requirements in the workplace. Penalties for occupational safety and health violations were commensurate to those for other similar crimes.

The Federal Ministry of Labor and Social Affairs and its state-level counterparts monitored and enforced occupational safety and health standards through a network of government bodies, including the Federal Agency for Occupational Safety and Health. At the local level, professional and trade associations self-governing public corporations with delegates representing both employers and unions as well as works councils oversaw worker safety. The number of inspectors was sufficient to ensure compliance. Inspectors had the authority to make unannounced inspections and initiate sanctions.

The number of work accidents continued to decline among full-time employees, but workplace fatalities increased to 497 in 2019, up from 420 in 2018. Most accidents occurred in the construction, transportation, postal logistics, wood, and metalworking industries.

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

There were no reports that the government or its agents committed arbitrary or unlawful killings.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices. There were reports, however, that at times police mistreated and abused members of racial and ethnic minority groups, undocumented migrants, asylum seekers, demonstrators, and Roma (see section 2.f., Protection of Refugees, and section 6, National/Racial/Ethnic Minority Groups).

In April a report published by the Committee for the Prevention of Torture and Inhuman or Degrading Treatment (CPT) referenced cases of mistreatment by police, especially of foreign nationals and persons from the Roma community, a problem that is a frequent practice throughout the country. CPT also reported receiving a high number of credible allegations of excessive use of excessive force, of unduly tight handcuffing upon apprehension, and of physical and psychological mistreatment of criminal suspects during or in the context of police interviews. Some allegations involved the application of a plastic bag over the suspect’s head during police interviews, reportedly with the aim of obtaining a confession and a signed statement. None of the persons who alleged mistreatment was allowed to make a phone call or to contact a lawyer during their initial questioning by the police.

The CPT received a great number of allegations of verbal abuse of detained persons, including racist and xenophobic remarks by police officers. The CPT conducted ad hoc visits to detention and reception facilities around the country on March 13-17, publishing findings from these visits in a report issued on November 19. The report reiterated findings from previous visits, with a number of detained migrants alleging they had been mistreated by Hellenic Police and Coast Guard officials upon apprehension or after being brought to facilities for detention. According to the report, several migrants alleged they were slapped in the head, kicked, and hit with truncheon blows. In some cases the reports were supported by medical evidence. The report also concluded that conditions for detainees held in at least four facilities in Evros and in Samos amounted to inhuman and degrading treatment (see “Prison and Detention Center Conditions”).

The nongovernmental organization (NGO) Movement United Against Racism and the Fascist Threat (KEERFA) reported police at the Menidi police station physically abused 11 Pakistani, Palestinian, Indian, and Albanian migrant detainees after the detainees asked to contact their relatives (see section 6, “National/Racial/Ethnic Minority Groups”).

Impunity was not a significant problem in the security forces, although NGOs and international organizations complained there was a lack of government investigation of and accountability for violence and other alleged abuses at the border by the coast guard and border patrol forces.

Prison and Detention Center Conditions

Prison and detention center conditions included severe overcrowding, insufficient security, lack of access to health care, inadequate access to food and sanitation, and inadequate supplies of resources. Prisoners alleged police mistreatment and physical and verbal abuse (see section 2.f., Protection of Refugees).

Physical Conditions: According to government statistics published in November, prisons exceeded capacity. Nationwide, prisons can accommodate 10,055 individuals; as of November 16, they held 11,468 inmates. Facilities in Volos, central Greece, in Komotini, Evros, and in Tripoli, Peloponnese, exceeded capacity by 219, 220, and 194 percent respectively. An April 9 CPT report referenced instances of women being placed in the same detention area with unrelated adult men, with cell doors left open during the day, thus allowing men to mix with women without adequate supervision. According to the CPT, for most prisoners, work inside prison was largely notional with a lack of organized recreational sports or vocational activities.

On July 23, the European Court of Human Rights ruled that Greece violated Articles 3 (prohibition inhuman and degrading treatment) and 13 (right to an effective remedy) during the detention of two foreign nationals in overcrowded and substandard conditions in the Malandrino prison. The court awarded damages of 24,000 euros ($28,800) for both complainants and an additional 2,000 euros ($2,400) for trial expenses.

Fewer violent incidents among detainees occurred in prison facilities compared with the previous year, and there was no loss of life. The government conducted regular and extraordinary inspections for drugs and improvised weaponry. In March prison authorities reportedly conducted 639 inspections in facilities throughout the country. In April the government reported special measures to prevent the spread of COVID-19 in the penitentiary system, including disinfecting prison facilities and government-owned vehicles, and establishing special wings in Athens and in Thessaloniki to isolate confirmed COVID-19 cases. On several occasions, inmates complained that government COVID-19 protection measures were inadequate, with over-congested conditions, insufficient testing, and a lack of access to medical and pharmaceutical care.

On November 19, the government began demolition and construction activities at the site of a former NATO base, in Aspropyrgos, in western greater Athens, where a new prison facility will be built to replace the Korydallos prison complex.

Police detained undocumented migrants and asylum seekers in overcrowded reception and identification centers (RICs) on five islands (Lesvos, Chios, Samos, Leros, and Kos) and one on the mainland in Evros until the individuals were identified and registered. Individuals were also held in detention facilities and preremoval centers. Following registration at the RICs, residents were allowed some freedom of movement, although it was significantly reduced as part of the government’s efforts to avoid a COVID-19 outbreak.

The RICs, in addition to being overcrowded, provided generally poor housing conditions, insufficient washing and sanitation facilities, as well as poor health services and low security, according to reports by local and international organizations such as Oxfam, Human Rights Watch, the Greek Council for Refugees, and Medecins Sans Frontieres (MSF). Citing concerns related to COVID-19, MSF warned about the impossibility of maintaining social distancing and engaging in frequent hand washing under such overcrowded and poor conditions. MSF reiterated concerns regarding serious negative mental health impacts from overcrowding. In August and September, several cases of COVID-19 were confirmed among residents of the Vial RIC on Chios and the Moria RIC on Lesvos. On September 9, the Moria Center was destroyed by fire, leaving its more than 12,000 residents without immediate shelter.

On May 22, a female Afghan asylum seeker allegedly stabbed in the neck and killed another female conational at the Moria Center. On July 27, an Afghan resident at the Moria RIC was stabbed to death by three other residents. From January 1 through July 27, local police in Lesvos reported 18 knife attacks at the Moria Center, resulting in six deaths and 14 individuals seriously injured and hospitalized. Gender-based and domestic violence in migrant sites continued to be a major concern, especially during the COVID-19 lockdown.

To address chronic problems at the RICs exacerbated by increased migrant and refugee flows from Turkey to Greece throughout 2019, the government on January 15 issued a presidential decree reinstating a separate and independent Ministry for Migration and Asylum which took over responsibility for the RICs and the refugee sites from the Ministry of Citizen Protection. As part of the government’s measures to contain the spread of COVID-19, approximately 2,000 asylum seekers with health vulnerabilities were transferred from the RICs to the mainland by June. Other measures included placing special containers at the RICs wherefor medical doctors could examine suspected COVID-19 cases, hiring additional medical staff, establishing automated bank teller machines inside the RICs to reduce movement outside the RICs, and a temporary ban on travel to the islands. Movement restrictions outside the RICs applied for most of the year (see section 2.d., Freedom of Movement).

Police also detained in predeparture centers rejected asylum applicants scheduled to be returned to Turkey (which stopped accepting returns on March 16 due to COVID-19), migrants waiting to return home under the International Organization for Migration’s (IOM) Assisted Voluntary Return Program, undocumented migrants, and migrants suspected of committing a crime. Predeparture centers suffered from overcrowding, limited access to outdoor areas, unsanitary conditions, and limited access to medical treatment, psychological counseling, and legal aid.

In its November 19 report, the CPT reiterated similar findings after visiting a number of migrant detention facilities around the country. The CPT noted that conditions for detainees, including women and children held in at least four facilities in Evros and in Samos, amounted to inhuman and degrading treatment. Detainees in those facilities were allocated less than one square meter of surface per person. The CPT noted that migrants continued to be held in detention facilities with large, barred cells crammed with beds (or sometimes no beds, just filthy mattresses or blankets on the floor), poor lighting and ventilation, and broken and dilapidated toilets and washrooms, inadequate food, insufficient personal hygiene products and cleaning materials, no access to outdoor daily exercise, including for children, no interpretation services, and no access to doctors or lawyers. Often, individuals were held without having knowledge of the reason for their detention.

Administration: Independent authorities investigated credible allegations of inhuman conditions. The Ministry of Citizen Protection, through the Secretariat General for Anticrime Policy, published bimonthly detention-related statistics on the occupancy rate and the design capacity per prison.

Independent Monitoring: The government generally permitted independent authorities and nongovernmental observers to monitor prison and detention center conditions. Government officials controlled access to RICs and official migrant and asylum-seeker camps for NGOs, diplomatic missions, and foreign and domestic journalists, requiring them to submit formal access requests with advance notice for each specific site. For most of the year, special COVID-19-related restrictive measures applied to the RICs and to refugee and migrant accommodation facilities. These measures banned outside visits and limited the range and the duration of residents’ movement outside these facilities.

d. Arbitrary Arrest or Detention

Both the constitution and the law prohibit arbitrary arrest and detention and give any person the right to challenge the lawfulness of an arrest or detention in court. The government generally observed these requirements. The ombudsman, through the National Preventive Mechanism for the Investigation of Arbitrary Incidents, received 208 complaints in 2019, most of which related to police. The CPT noted that the system for investigating allegations of mistreatment was not effective, as only a few cases resulted in disciplinary sanctions or criminal sentences.

NGOs reported incidents of security forces committing racially and hate-motivated violence. In a July 16 report, the Racist Violence Recording Network (RVRN), a group of NGOs coordinated by the UN High Commissioner for Refugees (UNHCR), and the National Commission for Human Rights reported that law enforcement officials committed or were involved in 11 of the 100 incidents of racist violence recorded in 2019. Victims in these incidents included, among others, refugees, migrants, and asylum seekers, including unaccompanied minors, a same-sex couple, and a transgender woman. The victims alleged inappropriate behavior by law enforcement officials during police checks and operations in public spaces, inside police departments in Athens, and in reception or detention centers. The report included 282 cases of racist violence reported to police in 2019, of which 19 were allegedly committed by police.

NGOs, universities, international organizations, and service academies trained police on safeguarding human rights and combating hate crimes and human trafficking.

Arrest Procedures and Treatment of Detainees

The law prohibits arbitrary arrest and requires judicial warrants for arrests, except during the commission of a crime. The law requires police to bring detainees before a magistrate, who then must issue a detention warrant or order the detainee’s release within 24 hours. Detainees are promptly informed of the charges against them. Pretrial detention may last up to 18 months, depending on the severity of the crime, or up to 30 months in exceptional circumstances. A panel of judges may release detainees pending trial. Individuals are entitled to state compensation if found to have been unlawfully detained. There were no reports that police violated these laws.

Detainees may contact a close relative or third party, consult with a lawyer of their choice, and obtain medical services. Police are required to bring detainees before an examining magistrate within 24 hours of detention, but detainees may be granted additional time to present an adequate defense. The CPT reported complaints from individuals who said they were not allowed while in custody to promptly notify a close relative or a lawyer during the initial period of detention, particularly before or during questioning by police, when the risk of intimidation and mistreatment is greatest. The law typically provides such guarantees only after a person is formally accused of a criminal offense rather than from the outset of custody. Regarding access to a lawyer, the CPT noted that individuals who lacked financial means often met a lawyer only during their bail hearing for bail. The CPT reiterated such findings in its November 19 report.

Rights activists and media reported instances in which foreign detainees had limited access to court-provided interpretation or were unaware of their right to legal assistance. The CPT reported receiving many complaints from foreign detainees that they had not been informed of their rights in a language they understood or had signed documents in Greek without knowing their content and without assistance from an interpreter. The CPT reported these findings in November. Indigent defendants facing felony charges received legal representation from the bar association. NGOs and international organizations provided limited legal aid to detained migrants and asylum seekers. On May 26, parliament amended the law regarding free legal assistance. The new law allows more experienced lawyers to undertake penal cases as part of a free legal assistance program and expands the program during the stages prior to trial.

On April 28, the Greek Helsinki Monitor, as part of its Racist Crime Watch program, filed a report to the police department tasked with combatting racist violence accusing a police officer at a police station in Agia Paraskevi, in Athens, of legal violations against undocumented foreign nationals by using racist language and making insults each time the inmates asked for food or hygiene products while detained for months in the station’s holding cells.

Arbitrary Arrest: The government placed some unaccompanied minors into what it called protective custody at local police stations, due to a lack of other suitable housing. The CPT found during a visit to the Omonia police station in Athens that three unaccompanied minors, including a 14-year-old boy, waiting for a medical screening, were kept under protective custody in a cell with unrelated adult men for between one and five days (see section 1, Prison and Detention Center Conditions, Physical Conditions). On November 18, the Ministry for Migration and Asylum reported that no unaccompanied minors were in protective custody, ending the practice that had been criticized by human rights organizations. All unaccompanied minors are to be housed in suitable long-term and short-term facilities.

Pretrial Detention: Prolonged pretrial detention resulting from overburdened and understaffed courts remained a problem. By law pretrial detention should be authorized only if house arrest with electronic monitoring is deemed insufficient. Judicial authorities may impose limitations on freedom, including bail; require regular appearances at the local police station; and ban a suspect from exiting the country when there are strong indications the defendant is guilty of a crime punishable by at least three months in prison. In the case of final acquittal, the affected individual may seek compensation for time spent in pretrial detention. Compensation procedures, however, were time consuming, and the amounts offered were relatively low–nine to 10 euros ($11.00 to $12.00) per day of imprisonment. Ministry of Justice statistics show that as of January approximately 26 percent of those with pending cases were in pretrial detention.

e. Denial of Fair Public Trial

The constitution and law provide for an independent judiciary, and the government generally respected judicial independence and impartiality. Observers reported the judiciary was at times inefficient and sometimes subject to influence. Authorities respected court orders. Observers continued to track the case of Andreas Georgiou, who was the head of the Hellenic Statistical Authority during the Greek financial crisis. The Council of Appeals has cleared Georgiou three times of a criminal charge that he falsified 2009 budget data to justify Greece’s first international bailout. At year’s end the government had made no public statements whether the criminal cases against him were officially closed. Separately, a former government official filed a civil suit in 2014 as a private citizen against Georgiou. The former official said he was slandered by a press release issued from Georgiou’s office. Georgiou was convicted of simple slander in 2017. Georgiou appealed that ruling, and at year’s end the court had not yet delivered a verdict.

Trial Procedures

The constitution and law provide for the right to a fair and public trial, and an independent judiciary generally enforced this right. The law grants defendants a presumption of innocence, and defendants have the right to be informed promptly and thoroughly of all charges. According to legislative amendments passed in 2019, a suspect or defendant has the right to seek compensation for damages resulting from public officials disrespecting the individual’s presumed innocence at any time during legal proceedings. According to the same legislation, the burden of proof of guilt lies with the court and the defendant benefits from any doubt. Delays in trials occurred mostly due to backlogs of pending cases, understaffing, and the lockdown imposed due to COVID-19. Trials are public in most instances.

Defendants have the right to communicate and consult with an attorney of their choice in a fair, timely, and public manner, and they are not compelled to testify or confess guilt. Lawyers, whether chosen by the defendant or appointed by the state, are provided adequate time and space inside prison facilities to consult with their clients and to prepare a defense. The government provides attorneys to indigent defendants facing felony charges. Defendants may be present at trial, present witnesses and evidence on their own behalf, and question prosecution witnesses. Defendants have the right to appeal. Defendants who do not speak Greek have the right to free interpretation through a court-appointed interpreter, although some NGOs criticized the quality and lack of availability of interpretation.

A law enacted in 2019 limited the use of sharia (Islamic law) to only family and civil cases in which all parties actively consent to its use.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

The judiciary was generally independent and impartial in civil matters. The law provides citizens with the ability to sue the government for compensation for alleged violations of rights. Individuals and organizations may appeal adverse domestic decisions to regional human rights bodies, including the European Court of Human Rights.

Property Restitution

The law addresses property restitution, and many Holocaust-era property claims have been resolved, but several issues remained open. The Jewish community of Thessaloniki had a pending case against the Russian government calling for the return of the community’s prewar archives. On several occasions throughout the year, Alternate Foreign Minister Miltiadis Varvitsiotis publicly urged the return of these archives. Additionally, the Jewish Historical Institute of Warsaw held religious artifacts allegedly stolen from the Jewish community of Thessaloniki in 1941; the community continues to request their return. The Organization for the Relief and Rehabilitation of Jews in Greece (OPAIE) claimed more than 100 properties owned by Jews before the war are now occupied as government facilities. In 2018 the Supreme Court ruled in favor of OPAIE regarding one of the properties. Following the ruling, a committee of government appointees and representatives of the Central Jewish Council was established in 2019 to negotiate the fate of the remaining properties. At the end of the year, negotiations were ongoing.

The Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 29, 2020, can be found on the Department’s website: https://www.state.gov/reports/just-act-report-to-congress/

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution and law prohibit such actions, and there were no reports that the government failed to respect these prohibitions.

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, and the government generally respected these rights. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Freedom of Speech: The constitution and law protect freedom of expression but specifically allow restrictions on speech inciting discrimination, hatred, or violence against persons or groups based on their race, skin color, religion, descent, national or ethnic origin, sexual orientation, gender identity, or disability, or who express ideas insulting to persons or groups on those grounds.

Freedom of Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction. Minority media owners in Thrace, northern Greece, where members of the country’s recognized Muslim minority reside, complained that unlike numerous other media owners throughout the country, they did not receive government funding to promote the widespread Menoume spiti (We stay at home) campaign during the COVID-19 pandemic. In 2019 the government passed legislation requiring vendors who sell print media to stock and display all Greek newspapers and magazines.

Violence and Harassment: Journalists were subjected to physical attack, harassment, or intimidation due to their reporting in at least 12 instances. On January 19, unidentified perpetrators, allegedly far-right supporters, attacked and injured a Deutsche Welle journalist, Tomas Jacobs, who was covering a rally against migrants and refugees. According to the journalist, who is also one of the scriptwriters of a documentary about the Golden Dawn neo-Nazi movement in the country, the perpetrators confirmed his identity before the attack. The victim also claimed that police in the area did not come to his rescue. The government, mainstream political opposition, and the Foreign Press Association denounced the attack.

On March 1, angry residents in Lesvos verbally and physically attacked three foreign journalists covering their attempts to stop a dinghy carrying migrants and asylum seekers from landing at a small port. On July 27, unknown perpetrators shot Stefanos Chios, journalist and publisher of the ultra-sensationalist news site Makeleio, injuring him severely. Anarchists spray-painted the walls of media outlets on January 16, wrote insults targeting a journalist outside his residence on February 6 and on March 24 claimed responsibility for setting fire to the entryways to two journalists’ residences. On February 3, unknown perpetrators exploded the publisher’s parked car.

On November 11, NGOs Media Freedom Rapid Response and Reporters Without Borders sent a letter to the chief of police and to the minister of interior protesting the eight-hour-long October 19 “arbitrary detention” of a four-member German media crew on Samos for the production of a film on climate-induced migration. During their detention, they claimed they were subjected to questioning and harassment, and were denied food by officers who were not wearing protective masks. The police reportedly suspected them of espionage because they had used a drone to take camera shots from a beach next to a military site but the crew members firmly denied they were filming the site in question.

Censorship or Content Restrictions: The government did not censor media. The government maintains an online register with the legal status of local websites, their number of employees, detailed shareholder information, and their tax office. Once registered, these websites are accredited to accept funding through state advertising, to cover official events, and to benefit from research and training programs of the National Center of Audiovisual Works. All registered websites must display their certification on their homepage. Although registering was an open and nonobligatory process, outlets failing to do so could be excluded from the accreditation benefits. In 2019 the government launched a similar electronic registry for regional and local press.

Libel/Slander Laws: The law provides criminal penalties for defamation and libel. A law passed in 2019 clarified that individuals convicted of crimes cannot claim slander for discussion of those crimes. The same law also removes the provision requiring journalists to appear immediately before a court, or wait in jail until the court opened, in the case they were accused of libel, a provision that had been abused by politicians to intimidate journalists. On September 14, media reported that a court awarded 160,000 euros ($192,000) to a Greek correspondent in the United States, Thanos Dimadis, for being slandered by a former minister. The court cited “personal and professional damage” against Dimadis, ruling he had been wrongly accused by the minister and his associates of spying on them during their visit to New York in September 2016. Members of the ministerial delegation had stated in public that the correspondent had been arrested by police in New York for his behavior, an allegation the journalist denied and proved to the court to be slanderous.

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports the government monitored private citizens’ online communications without appropriate legal authority.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events. Government restrictions related to the COVID-19 pandemic forced some cultural and artistic events between March and November to be rescheduled or cancelled.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, and the government generally respected these rights, albeit with restrictions as a result of the COVID-19 pandemic.

Freedom of Peaceful Assembly

Due to COVID-19, the government banned gatherings of more than nine or 10 individuals during the lockdowns.  On July 10, the parliament separately passed non-COVID-related legislation on public open-air gatherings.  The law requires prior and timely announcement–in writing or via email–of the gatherings to the competent police or coast guard authorities and makes protest organizers accountable in case of bodily harm or property damage if they have not followed requirements for notification and precautionary measures.  Some parliament members and analysts called the law anticonstitutional and antidemocratic, arguing it infringes the right of assembly.

Freedom of Association

Although the constitution and law provide for freedom of association, the government continued to place legal restrictions on the names of associations of nationals who self-identified as ethnic Macedonian or associations that included the term “Turkish” as indicative of a collective ethnic identity (see section 6, National/Racial/Ethnic Minorities). Such associations, despite the lack of legal recognition, continued to operate unobstructed.

c. Freedom of Religion

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

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. Some of these freedoms were partially suspended as a result of the COVID-19 pandemic, although the restrictions were put in place by region and did not target specific groups. The government enforced restriction measures at all six RICs, including a ban on movement outside nearby towns from 7 p.m. to 7 a.m., with movement otherwise allowed only in small groups of up to 10 persons. Visitors were generally banned from RICs. Similar measures also applied to migrant and refugee accommodation centers. Human rights groups criticized the restrictions as being more severe than those on the general population.

In-country Movement: Prior to the outbreak of the COVID-19 pandemic, undocumented migrants and asylum seekers arriving at Greek islands were subject to special border reception and registration procedures and were not allowed to leave registration centers for up to 25 days. After this 25-day period, undocumented migrants remaining in those facilities were generally allowed to enter and exit but were prohibited from travelling to the mainland unless they successfully filed asylum applications.

To prevent the spread of COVID-19, border reception and registration procedures were adapted to provide medical tests to all newly arriving migrants and asylum seekers and require 14 days of quarantine in a special facility. A law passed May 12 states that asylum seekers deemed “vulnerable” are not eligible to receive expedited examination of their asylum claims or to be transferred to the mainland on vulnerability grounds alone. Once asylum applicants were granted refugee status, they could move off the islands. Those with admissible cases and likely to receive refugee status could also be transferred to the mainland, space permitting. The government also allowed some asylum seekers in poor health to transfer from congested island registration and reception facilities to less-congested facilities in the mainland as a precautionary measure against COVID-19.

Despite government efforts to increase placements in the mainland and decongest the north Aegean islands, local residents and authorities strongly resisted receiving asylum seekers, even in privately owned facilities such as hotels. Restrictions on movements also applied to mainland accommodation centers as a result of the pandemic.

Local and international NGOs reiterated criticism of the government’s practice of confining asylum seekers to the islands and employing “protective custody” for unaccompanied minors (see section 1.c., Prison and Detention Center Conditions, Physical Conditions). Local and international organizations expressed criticism and concern over a law passed on May 12 establishing closed and semi-closed facilities for the temporary reception of asylum applicants, arguing that deprivation of liberty would become the norm for most asylum seekers. NGOs such as MSF criticized the government’s decision to apply increased movement restrictions on residents of all six RICs and other reception facilities around the mainland due to COVID-19. MSF called the measure “discriminatory.”

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

The government cooperated with UNHCR, IOM, and other organizations in providing protection and assistance to refugees, asylum seekers, and other persons of concern.

On February 28, Turkish president Erdogan announced that the borders Turkey shares with the EU were “open,” prompting over 50,000 refugees, asylum seekers, and migrants to move to the border areas. Some local Turkish officials provided free buses to aid refugees’ mass movement to the border, according to humanitarian organizations and rights groups.

Citing national security concerns, Greece suspended receiving any asylum claims until April 3 but permitted those who had entered the country since February 28 to apply for asylum starting April 1. International and local human rights agencies and organizations, including Oxfam, the Greek Council for Refugees, and the UN special rapporteur for the rights of migrants, raised concern about the deprivation of liberties. On March 9, the European Court for Human Rights rejected an application filed by three Syrian nationals to lift the government’s suspension of reception of new asylum claims.

On March 11, due to the COVID-19 pandemic, the government again suspended asylum services that could not be conducted electronically or with social distancing, but required a physical presence. During this period the government extended the deadline for asylum seekers to apply for and renew residence permits. The government also extended the deadline from March 31 to May 31 for recognized refugees to remain in the cash assistance program and in government-funded housing.

On July 6, the NGO Hebrew Immigrant Aid Society (HIAS) reported that the public prosecutor on Lesvos pressed criminal charges for illegal entry against asylum seekers who arrived on the island during March, when the government had suspended asylum applications. HIAS reported that the lives of approximately 850 persons were impacted by the prosecutor’s decision. According to HIAS, “the criminal prosecution of asylum seekers for unauthorized entry, while the government itself had suspended submission of new asylum applications is illegal.”

During the year, the flow of migrants and asylum seekers to the country from Africa, Asia, and the Middle East continued, though in reduced numbers as a result of the COVID-19 pandemic and enhanced border protection surveillance. As of September 30, UNHCR figures indicated 121,100 migrants and asylum seekers resided in the country.

On January 1, a law amending asylum regulations took effect. The law was designed to speed up decision-making on asylum applications. It established extended periods of detention for asylum seekers and ties the treatment of asylum applications to the applicants’ cooperation (or lack thereof) with authorities. It altered the composition of the appeals committees to consist exclusively of judges, dropping a position held by a UNHCR designate. The law required appeals to be filed and justified through court briefs instead of standardized documents, eliminated post-traumatic stress disorder as a factor for designating whether a refugee was considered “vulnerable” and therefore ineligible to be returned to Turkey or their country of origin if their asylum application is denied, and. It codified that rejected asylum applicants should immediately return to Turkey or their country of origin. UNHCR, local and international NGOs, including the Greek National Commission for Human Rights, Human Rights Watch, the Greek Council for Refugees, MSF, and other organizations argued the law emphasizes returns over protection and integration, puts an excessive burden on asylum seekers, focuses on punitive measures, and introduces requirements an asylum seeker could not reasonably be expected to fulfill.

On March 10, the government passed legislation reducing free shelter and cash assistance benefits to asylum seekers to one month (down from six months) after receiving refugee status, with the exception of unaccompanied minors. On May 12, the government amended the asylum law so asylum seekers deemed vulnerable are not prioritized. The new law establishes a secretariat in charge of unaccompanied minors under the Ministry for Migration and Asylum instead of under the National Center for Social Solidarity. The law sets tighter deadlines for issuing decisions on claims filed by asylum seekers in detention from 20 to 10 days. The law precipitates the process for the issuance of decisions after appeals were filed; unifies the registration process at the RICs and the Asylum Service into one step; and introduces sign language, as appropriate, as well as the official language of a country as an acceptable alternative to the language requested by applicants for interpretation.

If authorities decide to halt an asylum case, the applicant can, within nine months, either request that the process be restarted or file a new claim. In such cases, until there is a final decision, the asylum applicant cannot be deported or returned. Under the same law, if an appeal is rejected, applicants (except unaccompanied minors), must be detained at a predeparture center until they are returned. The filing of a subsequent application or a request for annulment of a decision does not automatically end the detention.

On January 3, the Ministry of Foreign Affairs and the Ministry of Citizen Protection issued a joint decree naming 12 countries of origin of asylum seekers that the government considers safe: Ghana, Senegal, Togo, Gambia, Morocco, Algeria, Tunisia, Albania, Georgia, Ukraine, India, and Armenia. Applicants from “safe” countries of origin undergo a fast-track process for reviewing their asylum claim and are required to demonstrate why their country is not safe for their return.

Human rights activists and the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community argued that the vast majority of asylum applicants from these countries were either persecuted due to their sexual orientation and gender identity or faced serious threats to their lives, many due to their LGBTI status. On July 7, the Greek NGO Diotima reported on a Moroccan female transgender asylum seeker whose application and appeal had been rejected and who faced deportation. Diotima asked that she be granted international protection, arguing that her life would be at risk due to her sexual orientation if she returned to Morocco. On October 14, the court accepted her claim, annulling the deportation order on the grounds that she would face arrest, imprisonment, and abuse if sent back to her country (see section 6, Acts of Violence, Discrimination and Other Abuses Based on Sexual Orientation and Gender Identity).

Abuse of Migrants, Refugees, and Stateless Persons: Authorities did not always provide adequate security or physical protection to asylum seekers, particularly those residing in the overcrowded RICs.

Local and international media, human rights NGOs, and international organizations reported that asylum seekers personally testified that at the Greece-Turkey land border they were physically abused and deprived of their personal belongings, including their money and cell phones, prior to being returned to Turkey.

On March 4, a man was shot and killed while trying to cross the border from Turkey to Greece amid violent clashes at the Evros border (see section 2.f., Refoulement). Some NGOs reported he was shot by Greek security forces, likely by accident. On May 12, more than 100 members of the European Parliament addressed a letter to the head of the European Commission, calling for a formal investigation into the death. A government spokesman on March 10 “explicitly denied” that Greek security forces were involved in the incident.

The CPT reported receiving “credible allegations of migrants being pushed back across the Evros land border to Turkey.” The CPT also raised concerns over the Coast Guard preventing migrants’ boats from reaching the country’s islands or pushing back migrants who had arrived within the country’s territory.

In many instances, newly arrived migrants and asylum seekers on the islands, including pregnant women and children, stayed for days in the open air, without shelter, food, and other care, waiting to be temporarily transferred to a quarantine facility and processed for registration to the RICs. The separation and protection of vulnerable groups was not implemented at some sites due to overcrowding, lack of alternative housing, and restrictions in movement due to the pandemic.

NGOs, including Diotima, stated the COVID-19 lockdown and restriction measures employed at the RICs for most of the year resulted in more gender-based violence but with fewer of these incidents being reported. Refugee and migrant women who are victims of gender-based violence are legally eligible for temporary shelter in government-run homes and for legal and psychosocial assistance, but few reported abuse, according to aid organizations. Some NGO representatives reiterated findings from previous years that even after reporting rapes to the authorities, some victims continued residing in the same camp as the perpetrators.

Authorities recorded numerous other violent incidents, including clashes among residents of various nationalities occurring mostly in the RICs, often resulting in injuries and deaths. The RVRN recorded 51 incidents involving racially motivated verbal and physical violence against refugees and migrants in 2019 (see section 6, National/Racial/Ethnic Minorities).

Refoulement: The government provided some protection against the expulsion or return of asylum seekers to countries in which their lives or freedom would be threatened due to race, religion, nationality, membership in a particular social group, or political opinion.

Several international media reported on allegations of pushbacks. A New York Times article on August 14 claimed the country illegally pushed back at least 1,072 asylum seekers and migrants who arrived in Greek territory, citing at least 31 incidents in which groups were sent back to Turkey. In a public statement on June 11, the IOM in Geneva expressed concern about “persistent reports of pushbacks and collective expulsions of migrants, in some cases violent, at the EU border between Greece and Turkey.” The IOM called on authorities to investigate the alleged incidents, for all states to avoid militarizing border patrols, and to continue “ensuring protection-sensitive border management, aligned with international law.” The following day, June 12, UNHCR issued a statement stating “the present allegations go against Greece’s international obligations and can expose people to grave danger.” Several respected media outlets published investigative reports between May and July saying security forces pushed refugees back into Turkey. The methods reportedly include disabling (sometimes by assailants covered head-to-toe in black) the engines of boats full of asylum seekers so the boats drift back to Turkey, putting the migrants on tent-like life rafts which have a motor but cannot be steered and were pointed toward Turkey, or simply towing the boats into Turkish waters and cutting the line.

The government stated border protection operations were carried out in cooperation with the European Union Agency Frontex. Prime Minister Mitsotakis publicly affirmed the country operated according to international law. On November 12, Frontex stated that a preliminary internal investigation found no evidence of direct or indirect involvement by Frontex or EU member-state officials in refugee pushbacks at the Greece-Turkey border. Media and NGO reports continued to allege that pushbacks were a standard practice. The Frontex Management Board agreed to organize a subgroup under its authority to carry out an investigation on the matter.

Prime Minister Mitsotakis and other government officials, including the ministers for migration and asylum, for citizen protection and for shipping affairs and island policy, denied any wrongdoing, affirmed the country’s commitment to international law, and blamed the reports on Turkish disinformation campaigns. In public remarks on March 3, after border guards repelled attempts over several days by thousands of apparent refugees to cross the land border with Turkey at Evros, Mitsotakis said the issue was “no longer a refugee problem” and called Turkey a “safe country.” He charged that Turkey was instead using “desperate people to promote its geopolitical agenda and to divert attention from the horrible situation in Syria. The tens of thousands of people who tried to enter Greece over the past few days did not come from Idlib. They have been living safely in Turkey for a long period of time; most of them speak Turkish fluently.” Other officials similarly have argued that the country is protecting its borders in response to Turkish efforts designed to pressure the country and the EU. They described Turkey as a “safe country,” meaning that returning asylum seekers to Turkey is not refoulement.

On March 31, the president of the Council of State agreed to temporarily halt the extradition of two Afghan women on vulnerability grounds. The applicants had filed a petition for the suspension of the order that temporarily barred asylum applications. The order would have forced their deportation without allowing them to seek protection through asylum. The president denied a similar request by a third Afghan female plaintiff.

Access to Asylum: The law establishes procedures for granting asylum or refugee status, and the government has established a system for providing legal protection to refugees through an autonomous asylum service under the authority of the Ministry of Migration and Asylum. The law requires that applicants have access to certified interpreters and allows applicants to appeal negative decisions and remain in the country while their appeals are examined.

Authorities worked with NGOs, international organizations, and the European Asylum Support Office to inform undocumented migrants awaiting registration in the asylum system, as well as non-EU foreign national detainees, about their rights, asylum procedures, and IOM-assisted voluntary return programs. UNHCR assisted the government with briefings and the distribution of multilingual leaflets and information packages on asylum and asylum procedures.

The Asylum Service, including regional asylum offices and autonomous asylum units, suspended in-person services between March 13 and May 15 due to the COVID-19 pandemic. During that period, applications for international protection and appeals at second instance were not registered by the authorities and interviews were not conducted. With the exception of asylum applicants at the centers on Lesvos, Samos, Chios, Leros, and Kos, the government renewed for an additional six months asylum seekers’ residence permits that would have expired between March 13 and May 31. The Asylum Service resumed operations on May 18, with many administrative procedures (such as changes to addresses, telephone numbers, personal data, the separation of files, the procurement of copies from the personal file, the rescheduling and the prioritization of hearings, the provision of legal aid etc.) able to be completed online.

Starting March 22, authorities restricted movement and generally did not allow visitors at the RICs and several reception facilities. In a July 4 ministerial decree, these measures were expanded to all reception facilities around the country. Residents were required to stay within the perimeter of the reception center, and movement outside the camps was permitted only from 7:00 a.m. to 9:00 p.m., with no more than 150 residents allowed to exit every hour, and only in groups no larger than 10 persons. All visits or activities inside the RICs were banned unless they related to accommodation, food provision, or medical care, or were authorized by the management of the center or camp. Access to legal services was also subject to management authorization. Human rights groups criticized those restrictions as being more severe than those applied to the general population.

On May 19, human rights activists and NGOs working with asylum applicants, including Oxfam and the Greek Council for Refugees, expressed concerns about what they called “a practice by the authorities of issuing mass rejections,” arguing that the mass rejections undermined individuals’ right to a fair asylum procedure. In their statement both organizations estimated that only a fraction of those whose initial applications were rejected were able to access legal support granted by the state, due to restrictions in movement, the tight 10-day deadline for submitting an appeal, and the overall structural difficulties for navigating the highly complex asylum procedure. On April 27, the Greek Council for Refugees reported that in 2019 only 33 percent of the asylum seekers who had lodged an appeal at second instance had benefitted from free legal assistance. The Greek Council for Refugees called this “an administrative practice incompatible with the EU law,” albeit quasi-standardized and generalized.

Access to the asylum process for persons detained in predeparture centers remained a concern. According to the Asylum Information Database annual report, updated by the Greek Council for Refugees on June 23, the average processing time in 2019 for asylum applications exceeded 10 months. Out of 87,461 applications pending at the end of 2019, the personal interview had not yet taken place in 71,396 (approximately 82 percent) of them. For nearly 48,000 of the applications pending at the end of 2019, the interview was scheduled for the second half of 2020 or even after. Fast-track Syria Unit applicants received interview appointments for 2021, while applicants from Iraq and from African countries were scheduled to be interviewed in late 2023. Interview dates for applicants from Turkey, Iran, and Afghanistan were set as far ahead as 2024.

In his annual report for 2019, the ombudsman confirmed, while sourcing the Asylum Service regional offices in Athens and in Thessaloniki, that the average waiting time for the examination of asylum applications by nationals with high recognition rates (from Turkey, Afghanistan, and Iran) exceeded three years. On November 12, the Ministry of Migration and Asylum presented data indicating that the number of asylum decisions increased by 73 percent compared with 2019, and the number of pending asylum decisions decreased by 37 percent. According to the ministry, as of October 30, 82,646 initial decisions were pending and 4,976 more decisions were pending at the Appeals Authority.

Safe Country of Origin/Transit: The country adheres to the Dublin III Regulation, according to which authorities may return asylum seekers to the EU member state of first entry for adjudication of asylum claims.

According to the 2016 EU-Turkey statement, every undocumented migrant crossing from Turkey to the Greek islands would be confined to a RIC for up to 25 days, during which time the individual would have the opportunity to apply for asylum in Greece. Individuals opting not to apply for asylum or whose applications were deemed unfounded or inadmissible would be returned to Turkey (see section 2.d., Freedom of Movement). Citing the COVID-19 pandemic, on March 16 Turkey suspended all returns of rejected asylum applicants from the five island centers until further notice. From the beginning of the year until then, a total of 139 rejected asylum seekers were returned to Turkey.

Employment: Recognized refugees and holders of asylum-seeker papers were entitled to work, although this right was not widely publicized or consistently enforced. There were limited options for employment, made scarcer by the pandemic.

Access to Basic Services: Legally, services such as shelter, health care, education, and judicial procedures are granted to asylum seekers with a valid residency permit. However, asylum seekers had limited access to these services due to overcrowding in reception sites, overburdened hospitals and health units, restrictions in movement, and staffing gaps due to the pandemic.

Everyone in the country is entitled to emergency medical care, regardless of legal status. Medical volunteers, NGO-contracted doctors, the National Organization for Public Health, and army medical doctors provided basic health care in reception centers and referred emergencies and complex cases to local hospitals, which were often overburdened and understaffed. MSF was forced to close a medical clinic on Lesvos after protesters threw rocks at volunteers. Their press release noted a rise in “aggressive behavior towards asylum seekers and refugees, as well as humanitarian organizations and volunteers.”

Some individuals suffering from chronic diseases encountered problems obtaining proper medication. Asylum seekers lacking a permanent or provisional social security number faced particular difficulty in accessing medical, mental health, and pharmaceutical care, with those suffering from chronic diseases being left without treatment for a considerable amount of time.

On October 11, Migration and Asylum Minister Notis Mitarachis announced that asylum seekers would receive a bank account, taxpayer identification number, and social security number upon completing their initial registration, allowing asylum seekers to rent an apartment, get a job, and receive medical care.

Once granted asylum, new refugees were provided one month in subsidized housing. It remained difficult in that time span to receive documents required to apply for a job, rent a house, or receive the health booklet needed for some medical services. Passports to leave the country temporarily were easily obtainable.

The government operated facilities staffed with basic medical personnel outside the RICs and reception facilities in the mainland for the examination and isolation of possible COVID-19 cases. Media and NGOs, including MSF, reported funding gaps which delayed or disrupted the operation of these facilities. They also underscored the difficulty in practicing social distancing in congested environments that lacked washing facilities, antiseptics, and sufficient masks.

The government enforced a different protocol for the management of COVID-19 outbreaks in reception camps than for other enclosed population groups. The government protocol, known as the Agnodiki Plan, requires facilities to be quarantined and all cases (confirmed and suspected) to be isolated. If outbreaks occur at other enclosed population groups (such as nursing homes), vulnerable individuals are to be immediately moved from the site to safe accommodations, while all confirmed and suspected cases are isolated off-site in a separate facility.

RICs on islands and in the Evros region continued to be overcrowded despite intense government efforts to decongest them. Shelter, health care, wash facilities, and sewer connections were inadequate, often raising security and health concerns. Housing conditions at reception facilities elsewhere on the mainland were generally better, although at times overcrowding and remoteness from urban centers hindered access to services.

Many vulnerable asylum seekers were eligible to be sheltered in apartments via the ESTIA housing program implemented by UNHCR in cooperation with some NGOs and local municipalities. Conditions in the apartments were significantly better than in reception facilities. IOM implemented a program for sheltering asylum seekers in short-term facilities such as hotels. Throughout July media reported on several cases of recognized refugees staying in the streets after they had to leave EU- and government-sponsored accommodation. An unknown number of homeless refugees were temporarily accommodated in big tents at reception camps around Attica (Elaionas, Skaramangas, Schisto, Malakasa.)

Unaccompanied minors living in “protective custody” in police stations had limited or no access to health care or medical services. As of October 15, according to the country’s National Center for Social Solidarity, 176 unaccompanied children were in protective custody (see section 1.c., Prison and Detention Center Conditions, Physical Conditions). On November 18, the Ministry for Migration and Asylum reported that all 170 unaccompanied minors who had been in protective custody were transferred to suitable facilities.

Durable Solutions: Refugees may apply for naturalization after seven years of residence in the country as a recognized refugee per a change in the law that took effect March 11. The previous requirement was three years. The government processed family reunification applications for asylum seekers with relatives in other countries. The IOM offered voluntary returns to rejected asylum seekers and those who renounced their asylum claims, offering in some cases 2,000 euros ($2,400) as an inducement.

Temporary Protection: As of February 29, the government provided temporary protection to approximately 599 individuals who may not qualify as refugees.

The constitution and law provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: In 2019 the country held parliamentary elections that observers considered free and fair. As a result of the elections, the New Democracy party gained a majority of the parliamentary seats and party leader Kyriakos Mitsotakis became the country’s prime minister, succeeding a coalition of SYRIZA (Coalition of the Radical Left) and ANEL (independent Greeks) parties, headed by then prime minister Alexis Tsipras.

Participation of Women and Members of Minority Groups: No laws limit the participation of women or members of minority groups in the political process, and they did participate. Parties must receive at least 3 percent of the votes to win a seat in the country’s parliament or in the European Parliament. In the government cabinet, following an August reshuffle, six out of 51 (approximately 11 percent) ministers and deputy ministers were women. Legislation passed in 2019 requires a minimum of 40 percent distribution of male and female candidates in local, regional, national, and European Parliament elections. During the year women held 22 percent of elected seats in the national legislature.

The law provides criminal penalties for corruption by officials, but the government did not always implement the law effectively. Officials sometimes engaged in corrupt practices with impunity. Permanent and ad hoc government entities charged with combating corruption were understaffed and underfinanced. On July 3, media reported that police dismantled two criminal gangs operating in Athens and in northern Greece that engaged in extortion for money, arson attacks, and drug and weapons trafficking. In both cases, police officers covered up for the criminal rings’ actions.

In August 2019 parliament passed legislation establishing a unified transparency authority by transferring the powers and responsibilities of public administration inspection services to an independent authority.

In November 2019 laws addressing passive and active bribery of officials were amended to contain a specific definition of “public official” and to make active bribery of a public official into a felony, instead of a misdemeanor, punishable by a prison sentence of five to eight year (as opposed to three).

Corruption: Reports of official corruption continued. On February 26, a Greek-Israeli businessman testified to a parliamentary committee investigating potential abuse of authority by the former alternate justice minister under the Syriza government, Dimitris Papangelopoulos, in a case involving bribes by the Novartis pharmaceutical company. The businessman alleged that in 2016 Papangelopoulos had asked him for money (350,000 euros or $420,000) in the presence of another member of the government at the time, in exchange for “clearing” tax evasion-related cases the businessman faced in court. According to the testimony, the money would be used to pay the trial expenses of a newspaper owner sued by the businessman for slander. The businessman claimed several times during the year, that politicians, journalists, and judicial officials had formed a para-state mechanism to extort money from business leaders or hurt their political adversaries.

On October 27, a criminal appeals court found former defense minister Akis Tsochatzopoulos, his wife, and his cousin guilty of money laundering with regard to a Swiss health insurance contract paid with bribe money. All three defendants received suspended sentences of six years in prison and a 100,000-euro fine ($120,000). They were set free on bail and with a travel ban. Tsochatzopoulos had previously been sentenced and served time in prison on money laundering and other charges in relation to defense procurements.

The government continued efforts to combat tax evasion by increasing inspections and crosschecks among various authorities and by using more sophisticated methods to find undeclared income. Authorities had monthly lotteries offering taxpayers rewards of 1,000 euros ($1,200) for using credit or debit cards, considered more financially transparent, in their daily transactions. Media reported allegations of tax officials complicit in individual and corporate tax evasion. In May the country’s National Transparency Authority launched investigations of NGOs providing support to asylum seekers and migrants, seeking examples of financial mismanagement. No findings had been publicized by the end of the year.

On November 17, the government established the Financial Prosecutor’s Office to deal with financial crime in the wake of public complaints about an investigation by the Corruption Prosecutor’s Office into a case involving the pharmaceutical company Novartis. The new office, headed by a senior prosecutor selected by the Supreme Judicial Council of the Supreme Court, included 16 prosecutors and became operational in November.

Financial Disclosure: The law requires income and asset disclosure by appointed and elected officials, including private-sector employees such as journalists and the leaders of government-funded NGOs. Several agencies are required to monitor and verify disclosures, including the General Inspectorate for Public Administration, the police internal affairs bureau, the Piraeus appeals prosecutor, and an independent permanent parliamentary committee. Declarations were made publicly available, albeit with some delay. The law provides for administrative and criminal sanctions for noncompliance. Penalties range from two to 10 years’ imprisonment and fines from 10,000 to one million euros ($12,000 to $1.2 million).

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were often cooperative and responsive to their views. COVID-19 restrictions, however, impeded access to reception and detention facilities for migrants on the islands and–in certain circumstances–to official camps on the mainland.

Government Human Rights Bodies: The Office of the Ombudsman, a state body considered independent and effective, investigated complaints of human rights abuses by individuals. Five deputy ombudsmen dealt with human rights, children’s rights, citizen-state relations, health and social welfare, and quality of life problems, respectively. The office received adequate resources to perform its functions. In its 2019 annual report, the office reported receiving 16,976 complaints, of which 73 percent were satisfactorily resolved.

The autonomous, state-funded National Commission for Human Rights (NCHR) advised the government on protection of human rights. The NCHR was considered independent, effective, and adequately resourced.

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.

Members of National/Racial/Ethnic Minority Groups

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

On May 18, a citizen residing in Heraklion, Crete, reported local police physically abused him as he headed home from work, assuming he was a migrant. According to the victim’s complaint, police told him to stop for an inspection, saying, “Hey Pakistani, pull aside.” He reported that police then punched, kicked, and threatened him with retaliation if he filed a complaint. On May 20, police announced the launch of an investigation into the incident. No outcome of this investigation had been made public by the year’s end.

On June 6, the NGO Movement United against Racism and the Fascist Threat denounced police attacks on individuals before or during their detention. According to the NGO, during the June 4 Eid al-Fitr celebration, police officers at the Menidi police station, in the Athens region, physically abused 11 Pakistani, Palestinian, Indian, and Albanian migrant detainees after the detainees asked to contact their relatives.

On December 26, according to media sources, a group of about 10 men armed with sticks, knives, and iron bars shouted racist slogans and attempted to enter a shelter for unaccompanied minors in Oreokastro, northern Greece, operated by the Church of Greece for refugee children between the ages of eight and 15. Four minors who were attacked in the yard of the facility were transferred to a hospital for treatment. One of them experienced severe respiratory problems after being beaten on the chest. Numerous political parties condemned the attack, and a lawyer representing the facility filed a formal complaint. On December 27, police arrested two persons, a 38-year-old father and his 13-year-old son, for participating in the attack. At the end of the year, the investigation was ongoing.

On October 14, media reported that a court in Athens ruled in favor of 47 female migrant cleaning workers whose contracts with the municipality of Athens were terminated because they could not certify knowledge of the Greek language, as per a new Ministry of Interior regulation. The court said all 47 women should be given their jobs back.

Although the government recognizes an individual’s right to self-identification, many individuals who defined themselves as members of a minority group found it difficult to express their identity freely and to maintain their culture. Some citizens identified themselves as Turks, Pomaks, Vlachs, Roma, Arvanites, or Macedonians. Some unsuccessfully sought official government identification as ethnic or linguistic minorities. Courts routinely rejected registration claims filed by associations in Thrace with titles including the terms Turk and Turkish when based on ethnic grounds. Individuals may legally call themselves Turks, and associations using those terms were able to function regularly without legal status (see section 2.b., Freedom of Association). Government officials and courts have denied requests by Slavic groups to use the term Macedonian to identify themselves on the grounds that more than two million ethnically (and linguistically) Greek citizens also used the term Macedonian for self-identification.

The law recognizes a Muslim religious minority, as defined by the 1923 Treaty of Lausanne, which consists of persons descended from Muslims residing in Thrace at the time of the treaty’s signature. These persons can be in ethnic Turkish, Pomak, and Romani communities. Some Pomaks and Roma claimed that ethnically Turkish members of the Muslim minority provided monetary incentives to encourage them to say they were ethnically Turkish.

During the 2019-20 school year, the government operated 115 primary schools and two secondary schools in the Thrace region that provided secondary bilingual education in Greek and Turkish for minority children. The government also operated two Islamic religious schools in Thrace. Some representatives of the Muslim minority said the facilities were inadequate to cover their needs, and claimed the government ignored their request to privately establish an additional minority secondary school. The same representatives noted a decreasing number of primary-level minority schools, which the government attributed to a decreasing number of students. Per the law, any facility with fewer than nine students must temporarily suspend operations, with students referred to neighboring schools. For the 2019-20 school year, authorities announced that 20 schools had suspended operations in the region of Eastern Macedonia and Thrace, five of which were minority schools. On April 28, an additional two minority schools suspended operation for the school period 2020-21 as per a ministerial decision, due to low attendance.

Roma continued to face widespread governmental and societal discrimination, social exclusion, and harassment, including ethnic profiling by police, alleged abuse while in police custody, discrimination in employment, limited access to education, and segregated schooling. The ombudsman wrote in his 2019 annual report that local authorities did not help to improve the living and social conditions of the Roma, which would gradually assist them to integrate. The lack of integration led to more complaints of tension between Roma and non-Roma. The ombudsman praised local governments that implemented integration practices.

On July 7, the NGO Racist Crimes Watch filed a complaint with police, claiming that police on motorcycles had beaten two Roma in the Athens suburb of Vrilissia because police falsely believed the Roma had conducted a robbery in the area on June 28. The NGO argued that police engaged in ethnic profiling.

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

On March 11, the government abolished legislation allowing Roma born in Greece to parents without official registration to gain Greek citizenship.

On July 10, the European Court of Human Rights accepted the request for interim measures in the case of Romani tent-dwellers residing in Aspropyrgos, in greater Athens, who were to be evicted by the local municipality. The court suspended the eviction until July 27 and asked Greek authorities to provide timely information about the legal grounds of their case, including eviction protocols and alternative housing solutions. On July 6, the UN Human Rights Committee, following a petition by the NGO Greek Helsinki Monitor, suspended the eviction of seven other Romani individuals, also residents of Aspropyrgos, until their appeal of the eviction could be heard.

On March 11, a Thessaloniki court blocked the enforcement of a board decision by the municipality of Thermaikos, in northern Greece, to evict approximately 200 Roma families residing in makeshift homes in an area called Tsairia. The court deemed that the municipality did not offer an alternative site for relocation. The local mayor, George Tsamaslis, vowed to appeal the decision, arguing that finding “a new home” for the Roma was not among the city’s responsibilities.

Local media and NGOs reported race- and hate-motivated attacks on migrants, allegedly by far-right individuals acting alone or in groups. In its annual report for 2019, the RVRN reported that, despite a decrease in incidents of organized violence since 2013, “a significant number of the attacks showed signs of a structured organization or organized group.” More than 50 percent of the incidents recorded by the RVRN in 2019 (51 of 100) targeted migrants, refugees, or asylum seekers on grounds of ethnic origin, religion, or skin color. The RVRN also noted “aggression against refugees in other aspects of daily life” as well as “a wider targeting of people of African origin, compared to previous years.”

On October 7, Greek courts determined the neo-Nazi Golden Dawn party had operated as a criminal organization that systematically targeted members of ethnic and religious minorities, including Muslim and Jewish persons, with hate speech and violence. The court found 18 former members of parliament guilty of participating in a criminal enterprise, and found 16 members guilty of the 2013 murder of anti-Fascist activist Pavlos Fysass. The historic decision ended a trial which lasted more than five years, the longest in Greek history, and resulted in prison sentences of 13 years for seven leading figures of the group.

On July 2, an Athens court found Panayotis Papagiannis, a leading member of the Krypteia Fascist and nationalist group, guilty of a number of racist attacks, including arson at the headquarters of the Afghan community in Athens, and sentenced him to a five-year prison term.

In July the coordinator for refugee education at the Malakasa camp, Konstantinos Kalemis, made racist comments on social media regarding Giannis Antetokounmpo, a Greek player in the National Basketball Association. Kalemis commented on an interview in which Antetokounmpo said growing up in Greece was difficult because of the racial divide and because he constantly feared his parents would be deported. Minister of Education and Religious Affairs Niki Kerameus removed Kalemis from his post on July 24, noting that “such insulting and racist behavior has no place in the Greek educational system.”

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.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers, except members of the military services, to form and join independent unions, conduct labor activities without interference, and strike. Armed forces personnel have the right to form unions but not to strike. Police have the right to organize and demonstrate but not to strike.

The law does not allow trade unions in enterprises with fewer than 20 workers and restricts labor arbitration mechanisms. The law generally protects the right to bargain collectively. The law prohibits antiunion discrimination and requires reinstatement of workers fired for union activity. The law allows company-level agreements to take precedence over sector-level collective agreements in the private sector. Civil servants negotiate and conclude collective agreements with the government on all matters except salaries.

Only the trade unions may call strikes. A strike may be considered unlawful if certain conditions and procedures are not observed, for example based on the proportionality principle, which enables courts to decide in each case whether the anticipated benefit from the strike is greater than the economic damage to the employer.

There are legal restrictions on strikes, including a mandatory four-day notification requirement for public-utility and transportation workers and a 24-hour notification requirement for private-sector workers. The law also requires at least half of the members of a first-level union to endorse a strike for it to be held. The law mandates minimum staff levels during strikes affecting public services.

The law gives authorities the right to commandeer services in national emergencies through civil mobilization orders. Anyone receiving a civil mobilization order is obliged to comply or face a prison sentence of at least three months. The law exempts individuals with a documented physical or mental disability from civil mobilization. The law explicitly prohibits the issuance of civil mobilization orders as a means of countering strike actions before or after their proclamation.

The government generally protected the rights of freedom of association and collective bargaining and effectively enforced the law. Penalties for violations of freedom of association and collective bargaining were commensurate to those of other laws related to civil rights. Courts may declare a strike illegal for reasons including failure to respect internal authorization processes and secure minimum staff levels, failure to give adequate advance notice of the strike, and introduction of new demands during the strike. Administrative and judicial procedures to resolve labor problems were generally subject to lengthy delays and appeals.

There were reports of antiunion discrimination. For example, on February 21, the Workers Union in Publications, Bookstores, Photocopy Centers, Stationery, and Digital Devices of Athens protested the dismissal of the union’s vice president, calling it “revengeful.” The dismissal was “connected to his trade union activities and his participation in strikes,” the union said. The employer reportedly cited low productivity as the reason, but the union noted the vice president had a strong seven-year track record at the business.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor and provides additional protections for children, limiting their work hours and their work under certain conditions. Several government entities, including the police antitrafficking unit, worked to prevent and eliminate labor trafficking. There were reports of forced labor of women, children, and men, mostly in the agricultural sector. Forced begging (see section 7.c., Prohibition of Child Labor and Minimum Age for Employment) mostly occurred in metropolitan areas and populous islands, focusing on popular metro stations, squares, and meeting places. Penalties for violations were commensurate to those of other serious crimes, but victims seldom reported violations.

On January 28, the General Confederation of Greek Workers, the biggest umbrella organization for workers’ rights, condemned the “attempted murder” of an agriculture worker in Marathonas, Athens, by his employer. The incident occurred on January 27 when the employer shot a rifle at his employee for reportedly requesting unpaid wages.

Agricultural workers at Manolada in Ilia, Peloponnese, reported on April 1 that they had to live in makeshift huts for 10 to 20 persons, that were covered with layers of nylon, without running water, and had showers and toilets placed outside, according to the Manolada Watch initiative launched by the NGO Generation 2.0 for Rights, Equality & Diversity, to monitor the living and working conditions of migrants workers.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. The minimum age for employment in the industrial sector is 15, with higher limits for some activities. The minimum age is 12 in family businesses, theaters, and cinemas. A presidential decree permits children age 15 or older to engage in hazardous work in certain circumstances, such as when it is necessary as part of vocational or professional training. In such cases workers should be monitored by a safety technician or a medical doctor. Hazardous work includes work that exposes workers to toxic and cancer-producing elements, radiation, and similar conditions.

The Labor Inspectorate, which was placed under the authority of the General Secretariat for Labor at the Ministry of Labor and Social Affairs by a presidential decree issued in 2019, is responsible for enforcing child labor laws, with penalties for violators ranging from fines to imprisonment. Penalties for violations were commensurate with other serious crimes. Trade unions, however, alleged that enforcement was inadequate due to the inspectorate’s understaffing and that the government did not adequately enforce the law to protect exploited children.

Child labor was a problem in the informal economy. Younger family members often assisted families in agriculture, food service, and merchandising on at least a part-time basis. Family members compelled some children to beg, pick pockets, or sell merchandise on the street, or trafficked them for the same purposes. The government and NGOs reported the majority were indigenous Roma, Bulgarian, Romanian, or Albanian Roma. The pandemic caused fewer street children in Thessaloniki to “work,” the NGO ARSIS reported on June 12. For example, ARSIS estimated that approximately 50 children were working in the streets from January to April, as opposed to 189 children during the same period in 2019. There were reports unaccompanied migrant children were particularly vulnerable to labor exploitation and worked mainly in the agricultural and, to a lesser extent, manufacturing sectors.

d. Discrimination with Respect to Employment and Occupation

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

The government did not always effectively enforce these laws and regulations. Penalties for violations were commensurate with other laws related to denials of civil rights. Discrimination with respect to employment and occupation based on race, sex (including pregnancy), disability, HIV status, social status, age, sexual orientation, and gender identity occurred.

In his 2019 report on equal treatment, the ombudsman reiterated previous findings about pregnancy and maternity being treated by the employers as problems, at times resulting in dismissals from work. The ombudsman reported cases of interventions with employers in the state and private sectors in support of employees who faced discrimination on grounds of disability, sex, religion, and HIV status. The ombudsman reported on the case of a Muslim female student, practicing to becoming a nurse, who was prohibited by her superior at a public hospital from wearing a headscarf at work. The ombudsman reported that as of the end of the year the case remained open and was still under investigation. A study by ActionAid released November 24 showed that 85 percent of more than 1,300 women surveyed said they had been subjected to sexual harassment (see section 6, Discrimination, Societal Abuses, and Trafficking in Persons).

e. Acceptable Conditions of Work

By ministerial decree the government sets the national minimum salary for employees in the private sector and for unspecialized workers. These wages were above the poverty income level.

The maximum legal workweek is 40 hours. The law provides for at least one 24-hour rest period per week, mandates paid vacation of one month per year, and sets limits on the amount of overtime work which, based on conditions, may exceed eight hours in a week. The law regarding overtime work requires premium pay, and employers must submit information to the Ministry of Labor for authorization. Premium pay ranged from an additional 20 to 80 percent of the daily wage, based on the total number of extra hours and the day (Sundays, holidays, etc.), and whether it was night service. Employers also provided compensatory time off. These provisions were not effectively enforced in all sectors, particularly in tourism, catering services, retail businesses, agriculture, the informal economy, or for domestic or migrant workers.

In 2019 the government passed new laws making it easier to terminate an employee, abolishing provisions that a contractor or subcontractor had to provide suitable reasons for the legal termination of an employee’s contract. In 2019 the parliament passed legislation increasing the minimum hourly wage of part-time workers by 12 percent for every additional hour worked above a four-hour ceiling. Under the same legislation, the first five hours worked after a 40-hour work week are no longer considered overtime. Employers were required in such cases, however, to pay an additional 20 percent of the hourly wage.

The government did not always enforce wage and overtime laws effectively. Penalties for violations were commensurate with other similar violations. Unions and media alleged some private businesses forced their employees to return in cash part of their wages and mandatory seasonal bonuses after depositing them in the bank. Unions and media also alleged that some employers forced employees to unlawfully work while their contracts were temporarily suspended due to the pandemic during the time they were receiving subsidy allowances by the state instead of their salaries. Sometimes employees were officially registered as part-time employees but worked additional hours without being paid. Overtime work was not always registered officially or paid accordingly. In other cases employees were paid after months of delay and oftentimes with coupons, not cash. Such violations were noted mostly in the tourism, agriculture, and housekeeping sectors. On February 18, media reported that a misdemeanors court in Kalamata, Peloponnese, sentenced to eight months in prison an employer who threatened his employees with dismissal if they did not return the full amount of seasonal bonuses in cash after it was deposited to their bank accounts.

The law provides for minimum standards of occupational health and safety, placing the responsibility for identifying unsafe situations on occupational safety and health experts and not the workers. Workers have the right to file a confidential complaint with the labor inspectorate regarding hazardous working conditions and to remove themselves from such situations without jeopardizing their employment. Owners who repeatedly violate the law concerning undeclared work or safety standards could face temporary closure of their businesses. Under the same law, employers are obliged to declare in advance their employees’ overtime work or changes in their work schedules. The legislation provides for social and welfare benefits to be granted to surrogate mothers, including protection from dismissal during pregnancy and after childbirth. Courts are required to examine complaints filed by employees against their employers for delayed payment within two months of their filing, and to issue decisions within 30 days after the hearing.

The Labor Inspectorate is responsible for enforcement of labor law. The Ministry of Labor and Social Affairs is responsible for all concerns regarding occupational safety and health at the national level. Per the 2019 presidential decree, the Labor Inspectorate and the General Directorate for Labor Relations, Health, Safety and Inclusion at Work were both brought under the General Secretariat for Labor. The directorate is the principal authority overseeing labor conditions in both the private and public sectors, except for mining and marine shipping (which fall under the Ministry of Development and Investment and the Ministry of Shipping and Island Policy, respectively). Labor experts characterized health and safety laws as satisfactory but stated that enforcement by the Labor Inspectorate was inadequate. Penalties for violations were commensurate to those of similar crimes, but the number of labor inspectors was insufficient to enforce compliance. Inspectors have the authority to conduct unannounced inspections and initiate sanctions.

Authorities can temporarily close businesses that hire undeclared employees, and can permanently close businesses that repeatedly violate the law. Nonetheless, trade unions and media reiterated that enforcement of labor standards was inadequate in the shipping, tourism, and agriculture sectors. Enforcement was also lacking among enterprises employing 10 or fewer persons.

At least 15 workers were injured or killed as a result of work accidents, according to media reports. There was one major industrial accident which resulted in the injury of four workers on February 3. In November 2019 an Athens first instance court ruled that work-related stress falls into hazardous working conditions, vindicating the spouse and the son of a business employee who suffered a stroke due to work-related stress and lost his life. The court ordered compensation of 160,000 euros ($192,000) for both complainants to be paid by the employer.

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

There were no reports that the government or its agents committed arbitrary or unlawful killings. There are no special bodies to investigate security force abuses. Authorities investigated and prosecuted alleged killings by members of the security forces in the same manner as alleged killings by civilians.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices, but there were reports that inhuman and degrading treatment and abuse sometimes occurred. Nongovernmental organizations (NGOs) noted that the investigation of cases of mistreatment was often inefficient, the success rate of holding officials accountable for alleged mistreatment through indictments and prosecutions was low, and in some cases law enforcement officials (such as police officers and penitentiary staff) who were sentenced to suspended imprisonment for committing criminal offenses involving the mistreatment of detainees were permitted to continue working.

On March 17, the Council of Europe’s Committee for the Prevention of Torture (CPT) published a report on its 2018 visit to ascertain the situation of persons in police custody, juvenile prisoners, adult male prisoners serving life sentences or very long terms, and persons placed in social institutions. According to the report, there were some accounts of authorities resorting to unnecessary or excessive force when apprehending suspects and physical mistreatment of detainees shortly after arrival at police stations. There were also several accounts of racist verbal abuse. The report also noted some instances of interprisoner violence in juvenile prisons. Impunity among members of security forces was not a significant problem.

Prison and Detention Center Conditions

Official statistics and NGOs reported overcrowding and poor physical conditions in the prison system. There were occasional reports of physical violence by prison guards, prisoner-on-prisoner violence, and authorities holding pretrial detainees and convicted prisoners together.

Physical Conditions: Prison overcrowding remained a problem. In December 2019 the Hungarian Prison Service reported that its facilities were occupied at 110 percent of capacity, a 3 percent decline from 2018. In response to a freedom of information request by the human rights NGO Hungarian Helsinki Committee, the National Prison Administration reported on June 18 that the prison occupancy rate was 112 percent.

On June 8, parliament adopted legislation that extended until December 31 the deadline for the state to pay compensation to inmates for inhuman or degrading prison conditions. After a court judgment, the general deadline for paying compensation was also extended from 60 days to 90 days. On December 16, parliament approved a bill submitted by the justice minister that restricted government compensation payments to those imprisoned in inhuman conditions.

NGOs continued to report poor physical and sanitary conditions in certain penitentiaries, including the presence of bedbugs and other insects, insufficient toilet facilities, and toilets not separated from living spaces. NGOs also noted frequent shortages of both natural and artificial lighting in cells, a lack of adequate heating, and a continued shortage of psychological care.

In August inmates at the detention center for foreigners in Nyirbator, and subsequently in Gyor, held a hunger strike. The detainees–who were awaiting deportation on noncriminal grounds and included some foreign citizens whose children hold Hungarian citizenship–reported the jail was overcrowded, with some alleging that authorities had not informed them of the reason for their detention.

Administration: NGOs reported that authorities occasionally failed to investigate credible allegations of mistreatment. There was no separate ombudsperson for prisons, but detainees could submit complaints to the ombudsperson or to the prosecutor’s office responsible for supervising the lawfulness of detention. The ombudsperson handled prison complaints and conducted ex officio inquiries but had no authority to act on behalf of prisoners.

Independent Monitoring: Authorities allowed the CPT and the UN Subcommittee on the Prevention of Torture to conduct periodic and ad hoc visits to prisons and detention centers for both the country’s citizens and foreign nationals. As of November the national preventive mechanism under the Optional Protocol to the UN Convention against Torture (OPCAT) undertook 19 visits (seven to prisons, two to correctional facilities, seven to police facilities, and three to social institutions).

There has been no independent NGO monitoring of police detention centers and prisons since 2017, when authorities terminated monitoring agreements with NGOs. The government introduced COVID-19 measures in prisons, which included an almost full ban on in-person visits from family members in detention facilities and suspension of temporary leave for inmates, which made the facilities more closed and less transparent for the public, according to NGOs. In May the Hungarian Helsinki Committee called on the government to consider the early release of elderly and sick inmates due to the pandemic. Restrictions on inmates’ right to family life due to the pandemic stayed in place.

The office of the commissioner for fundamental rights (ombudsperson) continued to operate prison-monitoring services prescribed by OPCAT. The Independent Police Complaints Board was terminated in February, and complaints of police misconduct and mistreatment were handled by the ombudsperson’s office.

Improvements: On July 13, Minister of Justice Judit Varga announced new places for 2,750 inmates in the newly inaugurated wings of 10 prisons made from steel shipping containers located across the country.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed these requirements.

Arrest Procedures and Treatment of Detainees

Police are obligated to take into “short-term arrest” individuals apprehended while committing a crime or subject to an arrest warrant. Police may take individuals suspected of a crime or a petty offense into short-term arrest if they are unable or unwilling to identify themselves or are unaccompanied minors suspected of having run away. Short-term arrests generally last up to eight hours but may last up to 12 hours in exceptional cases. Police may hold persons under “detention for the purposes of public safety” for 24 hours. Persons who abscond from probation may be detained for up to 72 hours. Police, a prosecutor, or a judge may order detention of suspects for 72 hours if there is a well founded suspicion of an offense punishable by imprisonment. A pretrial detention motion must be filed with a court prior to the lapse of the 72-hour period. A defendant may appeal a pretrial detention order.

Police must inform suspects of the charges against them at the beginning of their first interrogation, which must occur within 24 hours of detention. Authorities generally respected this right.

There is a functioning bail system. Representation by defense counsel is mandatory in the investigative phase if suspects face a charge punishable by more than five years’ imprisonment; their personal liberty is already restricted; they are deaf, blind, unable to speak, or have a mental disability; they are unfamiliar with the Hungarian language or the language of the procedure; they are unable to defend themselves in person for any reason; they are juveniles; or they are indigent and request appointment of a defense counsel. The court, prosecution, or the investigating authority (police) may also order a defense counsel in certain cases. Since 2018 local bar chambers, rather than the authorities, assign legal counsel to defendants who lack legal representation.

Police must inform suspects of their right to counsel before questioning them. The law requires that police or the prosecutor suspend interrogation and wait for up to two hours for an attorney to arrive if the suspect invokes this right. Some attorneys reported the right to an effective defense was violated in several cases. For example, in some instances detainees and their defense counsels were required to meet where government security cameras could monitor them. If bar chamber-appointed attorneys refuse the case or do not respond within one hour of appointment, authorities assign the defense counsel. The Hungarian Helsinki Committee found that appointed attorneys frequently neglected their work, with only 16 percent attending their clients’ first court hearings, in contrast with 63 percent of retained attorneys. According to statistics cited in the Hungarian Helsinki Committee’s report on the practice of assigning defense attorneys, authorities assigned at least a third of defendants’ attorneys. The law permits short-term detainees to notify relatives or others of their detention within eight hours unless the notification would jeopardize the investigation. Investigative authorities must notify relatives of a detainee’s short-term detention and its location within eight hours.

Pretrial Detention: An investigatory judge may order pretrial detention where there is a risk a detainee may flee, commit a new offense, or hinder an investigation. Cases involving pretrial detention take priority over other expedited hearings. A detainee may appeal pretrial detention.

When the criminal offense is punishable by life in prison, the law does not limit the duration of pretrial detention. The presence of defense counsel at hearings related to pretrial detention is not mandatory.

e. Denial of Fair Public Trial

The constitution and law provide for an independent judiciary. Some experts and legal scholars expressed concern over what they considered systemic threats to the country’s judicial independence.

Amnesty International asserted in an April report on the Hungarian judiciary that increasing political control undermined judicial independence. Amnesty International noted, as others have previously, that the politically appointed president of the National Office for the Judiciary (OBH) wields greater power and authority than the 14-member panel of peer-elected judges (OBT) that is charged with oversight of the OBH. Amnesty International characterized the imbalance of power between the two bodies as a threat to judicial independence because the OBH’s influence on the appointment of court leaders throughout the system enabled it to exert “tight control” over the lower courts, further hindering judicial independence. Judges interviewed for the report said “loyalty” was the main requirement for career advancement and administrative advantages in the judiciary.

In late 2019 the long-standing public dispute between then OBH president Tunde Hando and the OBT, which Amnesty International and the Hungarian Helsinki Committee characterized as a “constitutional crisis,” ended with Hando’s departure from the OBH for an appointment as a Constitutional Court judge. Alleging numerous procedural and legal violations as well as abuse of power, the OBT had unsuccessfully asked parliament to remove Hando from office in May 2019. Hando’s nominated successor, Judge Gyorgy Barna Senyei, received the OBT’s unanimous support in December 2019. The OBH and OBT have not feuded publicly since Senyei took office in December 2019. While observers viewed the absence of public conflict between the OBT and OBH since Hando’s departure as an improvement, Amnesty International asserted that the “systemic problems caused by the ineffective supervisory powers of the OBT and other weaknesses in the institutions of judicial self-governance will not be solved simply by a change of OBH president.”

In February the European Commission stated that “developments of checks and balances in the Hungarian courts system continued to raise concerns.” In September the European Commission stated in its first Rule of Law Report that the OBT faces challenges in counterbalancing the powers of the president of the OBH, but the appointment of a new president “may open the way for reinforced cooperation” between the two bodies. The report raised concerns over a decision of the Curia, the country’s supreme court, that declared a request for preliminary ruling to the European Court of Justice to be unlawful.

In January several senior government officials, including Prime Minister Orban and Minister of Justice Varga, criticized court rulings that awarded compensation to Romani families in a school segregation case and to prisoners for poor prison conditions. On January 17, Orban alleged that groups of lawyers profited, earning millions of forints from the state, through lawsuits over poor prison conditions by abusing the law. On February 28, Orban stated that a network of NGOs and lawyers that he claimed was linked to a prominent Hungarian-American businessman and philanthropist was responsible for this “prison business” (see sections 1, 5, and 6 for information on the Romani segregation and prisoner compensation cases). In a January 21 statement, Hungarian Bar Association chairman Janos Banati responded that the prime minister’s statements “undermine the rule of law in Hungary” and expressed his concerns over government attacks against independent courts and defense attorneys.

In December 2019 parliament adopted legislation (the Omnibus Bill) on judicial system reforms that granted state authorities the right to appeal legal decisions to the Constitutional Court if they allege a lower court decision violates their rights. Appealing to the Constitutional Court would enable the government to bypass the traditional route of appeal through the Curia, where appeals by the government would have previously ended. Domestic legal experts said they believed these reforms would allow the government to overturn unfavorable rulings via the Constitutional Court, in which all of the judges have been appointed by Fidesz-led governments and which has consistently ruled in favor of the government in politically sensitive cases over the previous five years. While the Curia was considered to be largely apolitical and staffed by professional judges, many Constitutional Court judges were viewed as more politically aligned legal scholars with limited prior judicial experience. A judge interviewed for the Amnesty International’s report in April asserted that the mere possibility that a judge’s decision could be appealed to the Constitutional Court might be sufficient for the judge to rule in the government’s favor. Another provision of the law requires judges to provide “additional judicial reasoning” if they depart from a previously published nonbinding Curia legal argument.

The European Commission’s September Rule of Law Report noted that the Omnibus Bill allows members of the Constitutional Court, who are elected by parliament, to be appointed as a judge to the Curia without undergoing the formal application and evaluation procedure (in which the peer-elected OBT approves the appointment). The report also noted that the Omnibus Bill lowered the eligibility criteria for the Curia president, allowing time served at the Constitutional Court or at an international court to be taken into account when calculating the “experience as a judge,” even though such an applicant may never have served as a judge in a courtroom. Following the change in the eligibility criteria, on October 5, President Janos Ader nominated Constitutional Court justice Andras Zsolt Varga–who has never served as a presiding judge–for the post of president of the Curia. On October 9, the OBT opposed Varga’s nomination, citing his lack of courtroom experience. On October 19, despite the OBT’s and opposition parties’ objections, parliament elected Varga as the new Curia president. The Hungarian Helsinki Committee stated that Varga’s election represented the “next stage in the government’s series of attacks against the judiciary,” as he was expected to be “a potential transmission belt of the executive within the judiciary.”

Trial Procedures

The constitution and law provide for the right to a fair public trial, and the judiciary generally enforced this right.

Defendants are presumed innocent until proven guilty. Suspects have the right to be informed promptly of the nature of charges against them and of the applicable legal regulations, with free interpretation as necessary. Trial proceedings are public, although a judge may minimize public attendance and may order closed hearings under certain conditions. Trials generally occurred without undue delay. Defendants have the right to be present at their trial.

The law stipulates that the investigating authority shall schedule the interrogation to enable defendants to exercise their right to a defense. A summons for a court hearing must be delivered at least five days prior to the hearing. Defendants have the right to free interpretation from the moment charged. Defendants may challenge or question witnesses and present witnesses and evidence on their own behalf. The law states that no one may be compelled to provide self-incriminating testimony or produce self-incriminating evidence. Defendants have the right of appeal.

Courts may not impose prison sentences on juveniles who were between the ages of 12 and 14 when they committed an offense but may order their placement in a juvenile correctional institute.

Some observers and legal experts asserted that the country’s system for assigning defense attorneys and the low compensation provided to those attorneys could hinder criminal defendants’ access to adequate legal representation, and consequently, a fair trial (see section 1.d.).

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

By law individuals or organizations may seek civil remedies for human rights violations through domestic courts. Individuals or organizations that have exhausted domestic legal remedies regarding violations of the European Convention on Human Rights allegedly committed by the state may appeal to the European Court of Human Rights (ECHR) for redress.

Property Restitution

The government has laws and mechanisms in place, but there was little progress on the resolution of remaining Holocaust-era claims.

Communal property restitution in the country was completed in the 1990s based on a law that allowed religious organizations to claim previously owned properties that were confiscated after January 1946. Work on private property restitution process took place in the 1990s and was completed by 2001. Holocaust survivors from the country receive pension supplements. The 1947 Paris Peace Treaty regulates the restitution of heirless Jewish properties in the country. In 2007 the government pledged and subsequently distributed $21 million to assist Holocaust survivors in the country and survivors of Hungarian origin living abroad as an advance payment on an expected, subsequent agreement that would provide more comprehensive compensation for heirless property. The Jewish Heritage of Hungary Public Endowment, a domestic restitution foundation composed of local Hungarian Jews, government officials, and the World Jewish Restitution Organization (WJRO), distributed one-third of the funds to survivors living in the country, while two-thirds were transferred to the Conference on Jewish Material Claims Against Germany to fund social welfare services for survivors in need living outside the country.

In April 2019 the WJRO presented the government with its assessment of the government’s second set of research on heirless property. As of December the government had not yet agreed to WJRO’s requests for further discussions on a roadmap to begin negotiations.

For additional information regarding Holocaust-era property restitution and related issues, please see the Department of State’s Justice for Uncompensated Survivors Today (JUST) Act Report to Congress, released publicly on July 29, 2020, at https://www.state.gov/reports/just-act-report-to-congress/.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution and law prohibit such actions, and there were no reports the government failed to respect these prohibitions.

There is no requirement for the Counterterrorism Center (known by its Hungarian acronym TEK), or in certain cases the national intelligence services, to obtain prior judicial authorization for surveillance in national security cases that involve terrorism. In such cases the justice minister may permit covert intelligence action for 90 days, with a possibility of extension. Such intelligence collection may involve secret house searches, surveillance with recording devices, opening of letters and parcels, and checking and recording electronic or computerized communications without the consent of the persons under investigation. A decision to approve a covert intelligence action is not subject to appeal.

The country’s criminal procedure code establishes a regime for covert policing and intelligence gathering. The law gives prosecutors unrestricted access to information obtained through covert investigations.

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for members of the press, and media were active and expressed a wide range of views. There were some formal restrictions on content related to “hate speech.”

On March 30, as part of the government’s legislative package declaring a state of emergency due to COVID-19, parliament permanently amended the criminal code to increase the penalty for spreading a “falsehood” or “distorted truth” (“scaremongering”) that could obstruct or prevent successful protection under a special legal order to imprisonment of up to five years (see section 3 for more on the state of emergency). Government officials asserted that the legislation sought to discourage the spread of harmful “fake news” that could hinder attempts to keep the pandemic under control. Domestic and international observers spoke out against the legislation and raised concerns about its potential effects on media freedom. On March 27, the Office of the UN High Commissioner for Human Rights (OHCHR) expressed concerns that the amendments could negatively affect the work of journalists and have a potentially chilling effect on freedom of expression. On March 26, Reporters without Borders (RSF) stated that the law granted the government a tool to threaten journalists and intimidate them into self-censorship. On April 21, RSF also noted that before the legislation was submitted, “progovernment media organizations” had called for the arrest of journalists critical of the government.

On June 25, the Constitutional Court ruled that the 2018 government decree classifying the nonprofit Central European Press and Media Foundation (KESMA)–which experts estimated controls between 80 and 90 percent of all commercial Hungarian media outlets and is managed by Fidesz party allies–as being of “national strategic importance” was constitutional. The Competition Authority and the Media Council cannot scrutinize transactions categorized as of national strategic significance. Government-linked media mounted mostly ad hominem attacks against the owner of the country’s largest independent media group. A law granting members of parliament the right to enter the offices of public buildings was repealed in 2019, and they now require prior notification or permission; experts viewed this as a response to opposition members of parliament having attempted to enter government and state-run media facilities as a form of protest. The European Commission reported that KESMA represented an “increased risk to media pluralism.”

During the COVID-19 pandemic, the government set up an Operative Board to manage and communicate government action. Operative Board members answered press questions submitted in writing and in advance at daily press briefings. Independent and government-critical media repeatedly complained that their questions were rarely answered.

Freedom of Speech: Criminal law provides that any person who publicly incites hatred against any national, ethnic, racial, religious, or certain other designated groups of the population may be prosecuted and convicted of a felony punishable by imprisonment for up to three years. The constitution includes hate speech provisions to “protect the dignity of the Hungarian nation or of any national, ethnic, racial, or religious community.” The law prohibits the public denial of, expression of doubt about, or minimization of the Holocaust, genocide, and other crimes of the National Socialist (Nazi) and communist regimes; such crimes are punishable by up to three years in prison. The law also prohibits as a misdemeanor the wearing, exhibiting, or promoting of the swastika, the logo of the Nazi SS, the symbols of the Arrow Cross, the hammer and sickle, or the five-pointed red star in a way that harms human dignity or the memory of the victims of dictatorships. Judicial remedies exist for damage to individuals and communities that results from hate speech; however, NGOs representing the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community reported that police officers continued to resist classifying incidents as hate speech and were unfamiliar with police hate crime protocols (see section 6). The media law also prohibits media content intended to incite hatred or violence against specific minority or majority communities and their members. The law includes the provision that media content must not have the potential to instigate an act of terrorism.

On May 12, police went to the home of a man from Borsod County with a search warrant based on suspicion of COVID-19 “scaremongering” because of his April 28 social media post. The man had questioned the government’s decision to lift curfew restrictions the day after a peak of the pandemic and appealed to “our dear dictator, our dear leader.” Police published photos and videos of the arrest, which was widely reported. Police released him that afternoon after questioning and told him he would not be charged since no crime had been committed.

On May 13, police also carried out a home raid and detained Janos Csoka-Szucs, a member of the opposition Momentum party in the town of Gyula, for a comment he made in a closed Facebook group on April 20. Csoka-Szucs had shared a post from an independent member of parliament about a protest against the government’s decision to discharge patients from hospitals to make room for potential COVID-19 cases. Police claimed his post “jeopardized the effectiveness of the defense in an emergency.” He was released after four hours of questioning, but police seized his computer and mobile phone. NGOs and opposition parties claimed the arrest was an attempt to suppress free speech and intimidate opponents of the government.

A law approved in 2018 imposed a 25 percent tax on civil entities that aid or promote illegal immigration, including groups that support media campaigns deemed to aid or promote immigration. Several NGOs sharply criticized the law, noting that it penalizes the public expression of opinions different from that of the government (see also section 5). According to press reports, no entity had paid any tax in 2019 under the law, and no known tax office investigation or audit had been conducted to that effect.

On September 21, the independent news outlet Telex reported that, in a June 2 letter, the Ministry of Foreign Affairs and Trade deputy state secretary for development of European affairs, Jozsef Magyar, asked the country’s EU-based embassies to report the professional visits of Hungarian journalists to those countries. According to the report, the letter asked the embassies to report when the visit(s) took place, which Hungarian outlets took part, and the organizations or local press outlets with which they met. In response to Telex’s query as to the purpose of gathering such information, the ministry stated: “To fulfill its mandate, [the ministry] is doing everything against foreign interference in Hungarian domestic affairs. Experience has shown that Soros organizations tend to be behind such attacks.”

On September 29, the Prosecutor General’s Office indicted the president of the Momentum party, Andras Fekete-Gyor, and another member of the party on the charge of assaulting law enforcement personnel during the 2018 protests against the government’s changes to the labor code, which critics dubbed the “slave law” (see section 7). Fekete-Gyor declared he was innocent of the charges, which he described as politically motivated, and opposition Democratic Coalition party released a statement of support, arguing that the government was attempting to use the justice system to stifle freedom of expression.

Freedom of Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without formal restriction. Media consolidation resulted in further expansion of government-friendly enterprises and reduction in other media voices. Some new independent media outlets were founded, one of them by reporters from a formerly independent outlet. Radio Free Europe/Radio Liberty (RFE/RL) relaunched its Hungarian service on September 8.

In February the beverage company Hell Energy Drink brought a lawsuit against the monthly magazine Forbes Hungary after it published a list of the richest Hungarians. Forbes was forced to recall the issue from newsstands because the privately owned family beverage company argued that the magazine had breached their privacy under the EU’s General Data Protection Regulation (GDPR). In October the company also obtained a court order barring the publication of parts of an article in the weekly Magyar Narancs, which noted that companies connected to the family had received large amounts in state and EU grants and subsidized loans in previous years, citing again GDPR regulations.

On March 31, government-aligned media mogul Miklos Vaszily purchased 50 percent of Indamedia, the advertising sales company that generated virtually all revenues for the independent news site Index, at the time the country’s most visited online news outlet. With ad revenues decreasing due to the COVID-19 pandemic, a newly appointed adviser proposed a reorganization plan that would have stripped part of the editorial board’s control. In June, Index’s editor in chief, Szabolcs Dull, publicly opposed the proposal, warning that the outlet was under increasing political pressure. In response, Laszlo Bodolai, chairman of the board of Index’s parent foundation, fired Dull on July 22. Bodolai asserted that Dull’s actions had endangered Index’s economic viability while denying that the outlet’s independence was at risk. Index journalists publicly called Dull’s dismissal “unacceptable” and an open attempt at pressure, which would lead to “the end of independent reporting.” On July 24, more than 70 journalists–the majority of Index’s staff–resigned in protest. On November 23, Indamedia announced it had purchased all of Index’s shares. As of November the website was still operating under the same name but with different staff and with far fewer investigative stories.

Some progovernment outlets relied almost completely on government advertising for their revenues. According to Freedom House, “while private, opposition-aligned media outlets exist, national, regional, and local media are increasingly dominated by progovernment outlets, which are frequently used to smear political opponents and highlight false accusations. Government advertising and sponsorships favored progovernment outlets, leaving independent and critical outlets in a financially precarious position.” The European Commission stated that advertising directed at progovernment outlets permitted the government to exert indirect control over media.

The government and government-linked entities often excluded independent and opposition media from their events and press conferences.

The National Media and Info-Communications Authority (NMHH), subordinate to parliament, is the central state administrative body for regulating media. The authority of the NMHH includes overseeing the operation of broadcast and media markets as well as “contributing to the execution of the government’s policy in the areas of frequency management and telecommunications.” The NMHH president serves as the chair of the five-member Media Council, the decision-making body of the NMHH that supervises broadcast, cable, online, and print media content and spectrum management. The NMHH consists exclusively of persons named by the governing parties. Some experts criticized the NMHH’s frequency awarding practices for allegedly penalizing radio stations that are critical of the government. In December 2019 the NMHH declined to extend the frequency license of a prominent Budapest community radio station, citing previous minor violations of the media law for which the station had already been fined. The station continued to operate online throughout the year. The Capital City Court of Law ruled in July that a September 2019 Media Council resolution that exonerated a public television station from accusations of unlawful bias violated the media law. The court ordered the Media Council to conduct new proceedings into the case. In September the NMHH announced it would not renew the frequency license for Klubradio, set to expire in February 2021, due to minor national content violations. Klubradio had previously broadcast news critical of the government.

The state news agency, MTI, which offers its services free of charge, is mandated by law to provide balanced, objective, nonpartisan coverage. Media watchdogs and independent outlets criticized the state media for concealing facts and opinions unfavorable to the government. Because MTI’s news services are free, its news products are broadcast widely by national and local outlets. Opposition politicians complained that they were rarely able to appear on state-run broadcasts or were given significantly less time to articulate their positions.

A November independent press report described a concerted effort by state-run media to promote the political agenda of Fidesz ahead of the 2019 European Parliament elections. The report included audio recordings from officials at state media conglomerate MTVA from March and April 2019, in which MTVA chief editor Balazs Bende and news director Zsolt Nemeth were heard directing MTVA employees to promote the government agenda in advance of the elections. Bende made repeated threats that employees were to get on board with the directive or “get out.” According to the independent press report, the Media Council stated it had “received a complaint which was being investigated.”

The speaker of parliament, Laszlo Kover, continued to ban parliamentary access for various individuals–primarily journalists–for alleged violations of parliamentary rules. On May 26, the ECHR ruled that the bans Kover imposed on journalists working for independent and government-critical media in the spring of 2016 unlawfully restricted the work of media and violated the rights of the reporters. Kover issued a statement declaring that the ruling did not mandate his office to change the existing rules governing press work.

Violence and Harassment: There were no reports of violence against journalists or of physical or legal harassment. Nevertheless, government officials and government-aligned media continued to refer to some independent journalists as “Soros agents” or “Soros mercenaries” and independent media as the “Soros media,” or in one instance as the “Soros blog.” In 2018 an investigative reporter for an independent news website was admonished in a summary procedure before a district court in Budapest for alleged abuse of personally identifiable information by using publicly available information in an article on a Hungarian person who criticized Sweden’s migration policy. The reporter demanded a full trial. In September 2019 another court notified the reporter of its nonbinding resolution exonerating him, since the person in question was a public figure who must tolerate in-depth scrutiny in the public interest. The prosecutors appealed the court ruling, and the Capital City Appeal Court remanded the case to the original court for a new trial in February. The case remained pending as of November.

In November 2019 an extreme right-wing website published an anti-Semitic drawing of a journalist from an independent outlet, which was then shared by a mainstream progovernment outlet. A few days later, anti-Semitic and anti-Israeli posters appeared in downtown Budapest with the photographs of two reporters who at that time worked for the country’s most widely read news site. The posters suggested the two journalists were foreign agents. The Action and Protection Foundation and the mayor of the district where the posters appeared filed police reports, citing hate speech, against unknown perpetrators. In March the chief of the Budapest police told a press outlet that no proceedings had been launched as there was no indication of a public crime, and no private prosecution had been initiated.

On multiple occasions, government-aligned outlets criticized nongovernment-aligned, independent, and international journalists by name for their reporting. The outlets, many of which belong to the Fidesz-affiliated media conglomerate KESMA (see above), accused these journalists, among other accusations, of being “Soros agents” and, on at least one occasion, reported comments calling for a journalist to be prosecuted under the “scaremongering” provision of the COVID-19 state of emergency law. Some publications included details about the journalists’ backgrounds, where they reside, and photographs of them. Some journalists and commentators were specifically named on multiple occasions, including by a government representative in a press briefing.

For example, an April 16 article in a KESMA-held media outlet published the names of two international journalists, claiming that the “sole purpose of their article was to denigrate the Hungarian government” and included pictures of the journalists. On April 9, the host of a KESMA-held news channel identified by name one of the journalists who resides in Budapest as a native of another country. In an April 16 press conference, the head of the Prime Minister’s Office, Gergely Gulyas, singled out one of the international reporters for criticism over his reporting. An April 6 article in the KESMA-held Magyar Nemzet quoted a constitutional lawyer who said an article the journalist published on COVID-19 in Hungary qualified as the “spread of horror” and therefore a crime under the scaremongering provision of the emergency law. The lawyer also suggested that a Hungarian news portal that reported on the article should be liable under the law, and both comments were later reported on a KESMA-held news channel. Journalists targeted in this manner by media and government officials reported receiving threats to their safety from individuals.

Censorship or Content Restrictions: The law provides content regulations and standards for journalistic rights, ethics, and norms that are applicable to all media, including news portals and online publications. It prohibits inciting hatred against nations; communities; ethnic, linguistic, or other minorities; majority groups; and churches or religious groups. It provides for maintaining the confidentiality of sources with respect to procedures conducted by courts or authorities.

The law mandates that every media service provider that delivers news to the public must report in a balanced manner, and that public service media providers should pursue balanced, accurate, detailed, objective, and responsible news and information services. These requirements were widely disregarded, including by public media. Public television station M1 and its news website, hirado.hu, launched a segment monitoring “fake news” related to the COVID-19 pandemic. The independent media watchdog Mertek Media Monitor noted in a June 16 analysis that the featured reports were “a mix of items published on actual fake news sites and of articles published by independent and government-critical media that obviously do not seem like fake news at all; in fact, the series even included as alleged fake news statements by opposition politicians.”

The Media Council may impose fines for violations of content regulations, including on media services that violate prohibitions on inciting hatred or violating human dignity or regulations governing the protection of minors. The Council may impose fines of up to 200 million forints ($666,000), depending on the nature of the infringement, type of media service, and audience size. It may also suspend the right to broadcast for up to one week. Defendants may appeal Media Council decisions but must appeal separately to prevent the implementation of fines while the parties litigate the substantive appeal.

As of August 24, the Media Council had issued 86 resolutions concerning various alleged violations of the media law, of which 57 imposed fines totaling some 23.14 million forints ($77,800) on 46 media service providers.

Libel/Slander Laws: Journalists reporting on an event may be judged criminally responsible for making or reporting false statements. Both individuals and media outlets may be sued for libel for their published statements or for publicizing libelous statements made by others. Plaintiffs may litigate in both civil and criminal courts.

Public officials and other public figures continued to use libel and defamation laws in response to criticism from citizens and journalists. Opposition politicians and government-critical private individuals sued government-allied media outlets in several high-profile cases. Courts tended to pass verdicts that protected private individuals from libel or slander by government-affiliated media and their reporters.

Internet Freedom

The government did not restrict or disrupt access to the internet and generally did not censor online content. There were no substantiated reports that the government monitored private online communications without appropriate legal authority.

In cooperation with internet service providers, the NMHH maintained a nonpublic database to store and cooperate in the implementation of court rulings and tax authority resolutions to block websites that violate the law, including content-related legislation.

Academic Freedom and Cultural Events

In 2017 an amendment to the higher education law required universities from non-EU countries to have a physical presence in their country of origin, operate under an intergovernmental agreement between Hungary and the country of accreditation, and ensure that the university’s name in Hungarian reflects an exact translation of the name in the country of origin. The U.S.-accredited Central European University (CEU) established a presence at Bard College in New York in 2018, and the government and the State of New York negotiated an intergovernmental agreement. The government argued, however, that CEU had not sufficiently complied with the provisions of the law and declined to sign the draft agreement to bring CEU into compliance with the law. In 2018 CEU announced it would move its U.S.-accredited programs to Vienna and did so in 2019. In July 2019 CEU was accredited as an Austrian private university under the name of Central European University, and in November 2019 it officially opened its campus in Vienna. The European Commission launched an infringement procedure against Hungary over the matter in 2017. The Constitutional Court suspended the case until the European Court of Justice (ECJ) makes its decision.

The ECJ ruled on October 6 that the amendment violated EU law and contradicted the EU Charter of Fundamental Rights relating to academic freedom. The ECJ also found the law violated the international General Agreement on Trade in Services and World Trade Organization regulations. The ruling stated that the condition of an international treaty between Hungary and the third country constituted a “means of arbitrary discrimination because of the decisive nature of the political will of the Hungarian authorities.” The CEU rector, Michael Ignatieff, described the ruling as a legal and moral vindication but underscored that CEU’s move to Vienna was final, adding that the ruling “lifts the whole burden of Lex CEU off our backs and restores our freedom.”

In 2019 parliament passed a law that gave the government control, through a newly established organization, over the funding of 15 research institutes previously funded and managed by the Hungarian Academy of Sciences. The law received domestic and international criticism as infringing upon the principles of academic freedom and the self-governance of scientific institutions. In July the research institutes received a one-day deadline to submit their “research plan descriptions,” which renewed concerns over the evaluation process of research funding.

Under legislation passed by parliament on May 19, the government assigned private foundations the right to operate six public universities starting August 1. Following the model introduced at Corvinus University in 2019, the Veterinary University, the University of Miskolc, the Moholy-Nagy University of Arts, Neumann Janos University, the University of Sopron, and Szechenyi Istvan University began operating under new structures financed by foundations and in some cases with government officials as members of the board.

On July 3, parliament adopted a law that transferred the ownership of the University of Theater and Film Arts to a foundation as of September 1. The government disregarded the university’s proposal on the composition of the foundation board, instead appointing National Theater director Attila Vidnyanszky as the head of the foundation. The university senate asserted that Vidnyanszky “consistently and deliberately sought to destroy the reputation of the university for years, while the other members of the board have no significant experience in higher education.” Several instructors announced their resignations following the announcement. The university’s students, staff, artists and the public held several demonstrations against the law, and students barricaded themselves inside university buildings, demanding university autonomy. Students ended the blockade due to the government announcement of a ban on assemblies on November 10 as part of measures to prevent the spread of COVID-19.

In an exceptional procedure on March 24 during the COVID-19 pandemic, parliament passed an amendment to the act on culture that removed state-funded Budapest theaters from the control of the municipal government and placed them under central government control. The central government also gained the right to appoint theater leadership. Referring to an allegation of sexual harassment at a Budapest theater at the end of 2019, the government argued that if it provided all funds for the operation of the theaters then it should also be entitled to make personnel and financial decisions, adding that it could no longer support the operation of theaters that did not allow inspection into their affairs. The cabinet introduced the amendment without any professional consultations. In April the central government and the municipality of Budapest concluded an agreement on the operation of Budapest theaters. Under the agreement the municipality of Budapest will finance four theaters without government funding, with the right to decide on the appointment of their directors.

The constitution and law provide for the freedom of peaceful assembly, and the government generally respected this right. The constitution and law provide for freedom of association, and the government generally respected this right, with some exceptions.

Freedom of Peaceful Assembly

The constitution includes a provision on the protection of privacy, which stipulates that freedom of expression and the exercise of the right to assembly shall not harm others’ private and family life and their homes, potentially restricting protests in public spaces near politicians’ homes and protests in other public spaces that have apartments nearby. The law also permits the government to regulate public demonstrations, including holding organizers liable for damages caused by their events, and to ban protests in advance. Under the law authorities may ban or dissolve gatherings that unnecessarily and disproportionately harm the dignity of the nation or other national, ethnic, or religious communities. The law also criminalizes the nonviolent disturbance or impediment of a demonstration.

The criminal code provides that harassment of “official persons” (including members of parliament, judges, and prosecutors) when they are not performing public duties is a crime punishable by up to three years’ imprisonment.

During the first wave of the COVID-19 pandemic, the government introduced restrictions on indoor and outdoor public gatherings and events. In May police fined drivers who participated in a protest against the government’s decision to release patients from hospitals due to COVID-19 by honking their car horns. Police considered the May 28 protest of far-right groups against “Gypsy crime” as falling outside the scope of the law on assembly (see also section 6 on ethnic minorities). During the second wave of the COVID-19 pandemic, the government put a blanket ban on assemblies in public spaces and imposed fines for violations of up to 500,000 forints ($1,670) for participants of banned protests.

On May 26, the ECHR ruled that police interfered with a private individual’s right to peaceful assembly by unjustifiably dismissing his notification of intent to hold a demonstration in front of the president’s residence in 2013. Police argued that TEK had closed the area in question, rendering it no longer a public space available for demonstrations for the requested period. Subsequent court scrutiny removed the legal basis of the ban but only at a time when the reason for the demonstration had already become obsolete. The ECHR ordered the state to pay the private individual 2,600 euros ($3,100) as compensation for nonpecuniary damage.

Freedom of Association

On June 18, the ECJ ruled that the country’s 2017 law requiring NGOs that receive foreign funding to register and label themselves as “foreign-funded organizations” violated EU law (see section 5).

A 2011 law on religion deregistered more than 300 religious groups and organizations that had previously held incorporated church status; most were required to reapply for registration. The government had not approved any applications for incorporated church status since it amended the law in 2012, but it approved many applications for a lesser status of religious organizations. In 2019 an amendment to the law entered into force creating four different statuses for religious organizations. Observers noted that while the amendment provides a simpler procedure for religious entities to gain an intermediate-level status, it only restores some of the rights those religious groups could exercise before 2011.

c. Freedom of Religion

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

d. Freedom of Movement

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

The government cooperated with and provided the Office of the UN High Commissioner for Refugees (UNHCR) access to refugees and asylum seekers, with the exception of those held in detention under the aliens policing procedure.

Abuse of Migrants, Refugees, and Stateless Persons: Human rights advocates and UNHCR criticized the government’s treatment of migrants and asylum seekers, including its pushbacks of migrants and asylum seekers to the Serbian side of the Serbia-Hungary border fence, even if they had not entered Hungary through Serbia.

Domestic human rights NGOs reported that their attorneys had difficulties in maintaining contact with foreigners kept in aliens-policing or asylum-detention facilities.

Refoulement: The CPT report published in March noted there were no legal remedies offering effective protection against forced removal or refoulement, including chain refoulement. Human rights advocates reported that 11,101 pushbacks to Serbia took place in 2019, according to official police statistics.

Access to Asylum: The law provides for asylum and establishes a procedure for asylum seekers outside the country to apply for it, but UNHCR stated on June 29 that the new law (see below) “further undermines the effective access to territory and asylum for those fleeing wars and persecution which had been already seriously constrained before.” UNHCR called on the government to bring its asylum system into conformity with international refugee and human rights law.

Following the ECJ’s May 14 ruling that classified the government’s holding of asylum seekers in two transit zones on the Hungary-Serbia border as unlawful detention, the government announced on May 21 the closure of the transit zones and introduced a new asylum system in a government decree as of May 27. Based on the new legislation, asylum seekers arriving at Hungary’s border were subsequently turned away and directed to submit a statement of intent to request asylum at the Hungarian embassies in Belgrade or Kyiv. The asylum authority had 60 days to examine the statement of intent and make a proposal to the embassy whether to issue the asylum seeker a special single-entry travel permit to enter Hungary. In case the permit is issued, the asylum seeker travels on their own to Hungary within 30 days and, upon arrival, immediately avail themselves to the border guards who present them to the asylum authority within 24 hours. Those not granted the special one-time entry permit at one of the embassies cannot request asylum in Hungary. The decree was later included as part of the bill ending the state of emergency that entered into force on June 18. On June 29, UNHCR expressed concern that the law exposes asylum seekers to the risk of refoulement. All third-country nationals found anywhere in the country without already having a right to stay (e.g., a valid visa or residence permit) are “escorted” to the other side of the border fence. As of November the asylum authority had not approved any submitted statements of intent.

On October 30, the European Commission opened an infringement procedure due to the new asylum rules, which it considers to be unlawful as they preclude persons who are in the country’s territory, including at the border, from applying for international protection.

On December 17, the ECJ ruled that restricting access to the international protection procedure, detaining asylum applicants for that protection procedure in transit zones, and moving third-country nationals who were illegally present to the Hungary-Serbia border area without observing the safeguards in a return procedure were in breach of EU law.

On June 21, the Hungarian Helsinki Committee reported that between 2017 and the closure of the transit zones in May, thousands of adults and children were detained unlawfully for extensive periods of time, up to almost two years. Authorities deprived 34 individuals of food in 24 cases for one to eight days. In each case the Hungarian Helsinki Committee had to request interim measures from the ECHR to stop the deprivation of food.

On March 1, Prime Minister Orban’s domestic security adviser Gyorgy Bakondi announced the indefinite suspension of the admission of new asylum seekers due to COVID-19. On March 8, the government extended the “crisis situation due to mass migration”–first introduced in 2015 and renewed since every six months–until September 7 due to COVID-19 and the security risk posed by the situation at the border between Turkey and Greece. On September 1, the government extended the “crisis situation” for a further six months. On August 6, Surgeon General Cecilia Muller stated that uncontrolled migration posed an “extreme danger” to the country because most “illegal migrants” came from countries with a high number of COVID-19 cases and may be infected with other diseases no longer common in the country.

Safe Country of Origin/Transit: The government maintained lists of “safe countries of origin” and “safe third countries.” Both lists included Serbia, Bosnia and Herzegovina, and Kosovo. UNHCR repeatedly objected to the government’s designation of Serbia as a safe third country on the grounds that it does not have effective asylum procedures. In 2018 parliament modified the constitution to state that persons arriving in the country “through a country where he or she was not exposed to persecution or a direct risk of persecution should not be entitled to asylum.” Parliament also amended the asylum law and restricted the right to asylum to only those persons who arrived in Hungary directly from a place where their life or freedom were at risk.

On March 19, the ECJ ruled that national legislation, which stipulated that an asylum application by an asylum seeker arriving in an EU member state through a safe transit country was inadmissible, breached EU law. The court ruled that EU member states were obliged to assess the asylum seekers’ “connection” to the transit country when determining the admissibility of their application; merely transiting through the country was not sufficient to provide the basis of such connection. The case concerned a Syrian Kurd’s asylum application that the immigration authority deemed inadmissible because the applicant had transited Serbia, which the government considers a safe transit country.

Freedom of Movement: Following the closure of the transit zones, the new asylum provisions prescribe the automatic “placement of the applicant in a closed facility” for four weeks following the registration of their asylum request, without any available remedy to challenge the placement. After four weeks the applicant can either be placed in an open facility or in detention, with a legal remedy available against that detention decision. The law permits the detention of rejected asylum seekers under an aliens policing procedure for a maximum of 12 months, or for six months under asylum detention in certain cases of pending asylum applications. Immigration detention generally took place in immigration detention centers.

In May authorities expelled 15 Iranian students who had allegedly broken COVID-19 quarantine restrictions while being examined at a Budapest hospital. The expulsions came after national political leaders claimed that foreigners, particularly Iranians, were spreading the disease. On July 15, media reported that the decisions were under review.

Access to Basic Services: The National Directorate-General for Aliens Policing (asylum authority) has 60 days to make a proposal to the Hungarian embassy in Belgrade or Kyiv on whether to grant an asylum seeker a one-time entry permit. During this time the asylum seeker is not entitled to accommodation or any support services and does not enjoy any protection.

Human rights advocates reported that, from the closure of transit zones at the end of May until the end of August, no formal education was provided in either the Vamosszabadi or Balassagyarmat refugee reception centers on the Hungary-Slovakia border, where the government moved nearly all of the asylum seekers previously kept in the transit zones. In Balassagyarmat social workers were present in adequate numbers, but psychosocial assistance was not available on a regular basis on site, while a psychologist was contacted on demand. A similar situation was reported in Vamosszabadi.

The law limits benefits and assistance to persons given international protection on the grounds they should not have more advantages than citizens. Authorities do not provide housing allowances, educational allowances, or monthly cash allowances to asylum seekers, refugees, or beneficiaries of subsidiary protection.

In 2019 the European Commission referred Hungary to the ECJ, stating the legislation that criminalizes providing assistance to asylum seekers who were not subject to persecution in their home country or who had already transited a safe country curtailed the asylum seekers’ right to communicate with and be assisted by national, international, and nongovernmental organizations. The case remained pending as of November.

Durable Solutions: Refugees are allowed to naturalize, but according to civil society organizations, the applications of refugees and stateless persons were approved at a lower rate than those of other naturalization seekers. The Hungarian Helsinki Committee criticized the procedural framework for naturalization, noting decisions were not explained to applicants and no appeal of rejections were allowed. There were no reported cases of onward refugee resettlement from the country to other states.

Temporary Protection: The law provides for a specific temporary protection status for situations of mass influx, but organizations working on the problem reported that it was not used in practice. Under the law all forms of international protection (refugee status, subsidiary protection, tolerated stay, stateless status, etc.) are temporary by nature, with periodic review of the entitlement to protection.

In 2019 the ECJ ruled that judges may grant international protection status to asylum seekers if an administrative body has overruled their decision without establishing new elements in the case. A 2015 regulation had stripped the courts of the right to overrule immigration authorities on asylum applications.

The constitution and law provide citizens the ability to choose their government in periodic elections held by secret ballot and based on universal suffrage.

Elections and Political Participation

Recent Elections: National elections were held in 2018 under a single-round national system to elect 199 members of parliament. The elections resulted in the ruling parties gaining a third consecutive two-thirds supermajority in parliament, receiving 49 percent of party-list votes while winning 91 of the country’s 106 single-member districts, decided by a first-past-the-post system.

Nationwide municipal elections were held in October 2019 under a single-round national system to elect local council representatives, mayors, and ethnic minority self-government members. With 48.6 percent turnout, the elections resulted in governing Fidesz-Christian Democratic People’s Party (KDNP) candidates retaining the majority of mayoral positions in smaller towns and villages, and the opposition capturing the mayoral seats of Budapest, 14 of the capital’s 23 districts, and 11 of the country’s 23 county seats. Observers suggested the relative success of the opposition resulted from the nomination of a single opposition candidate running against Fidesz-KDNP in most key races. Domestic observers noted the lack of changes to the electoral and media environment and referenced the findings of the Organization for Security and Cooperation in Europe (OSCE) mission deployed to the country in 2018 (see below).

A mission representing the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR) observed the 2018 national elections. In its final report on the elections, the mission characterized the election as “at odds with OSCE commitments” and concluded that a “pervasive overlap between state and ruling-party resources” undermined contestants’ ability “to compete on an equal basis.”

The ODIHR election observation mission report highlighted that despite the “large number of contestants, most did not actively campaign, ostensibly registering to benefit from public campaign-finance entitlements or to dilute the vote in tightly contested races.” The report called attention to the lack of a “periodic review of constituency boundaries in a transparent, impartial, and inclusive manner by an independent body.”

During the COVID-19 pandemic, stipulations of the COVID-19 state of emergency law enacted by parliament included a ban on holding by-elections during the crisis. Upon termination of the state of emergency, the National Election Office announced that 20 local by-elections had been postponed during the period of the pandemic; all 20 were subsequently scheduled on later dates.

Political Parties and Political Participation: The ODIHR report on the 2018 elections noted several problems with media influence that “undermined the level playing field for campaigning and raised questions with regard to the abuse of administrative resources and the blurring of the line between state governing and party campaigning, which is at odds with OSCE commitments.” The report also noted campaign finance laws limited the transparency and accountability of political parties.

Citizens living abroad but having permanent residency in the country were required to appear in person at embassies or consulates to vote, while citizens without Hungarian residency could vote by mail, but only for party lists. ODIHR election observers noted that the practice of applying different procedures to register and vote depending on whether or not a person had a permanent address in the country “challenged the principle of equal suffrage.”

On December 15, parliament modified the electoral law, stipulating that any party wishing to put forward a national party list must nominate candidates in at least 71 (up from the previous 27) of the 106 individual parliamentary constituencies.

Following the outbreak of COVID-19, the government introduced a state of emergency by government decree on March 11. Under the state of emergency, the government is entitled to issue emergency government decrees which, in line with the constitution, expire after 15 days. On March 30, parliament passed a bill to extend the scope of the emergency decrees indefinitely, authorizing the government to govern by emergency decrees without parliamentary approval.

The bill generated domestic and international criticism for its expansion of the government’s powers without a specified end date and for permanently changing the criminal code in a manner that observers claimed could restrict the free press (see also section 2.a., Freedom of Expression). On March 27, the OHCHR stated that the “bill appears to give the government practically unlimited powers to rule by decree and bypass parliamentary scrutiny with no clear cut-off date.” The OHCHR stressed that “under international human rights law, emergency legislation and measures should be strictly temporary.” On March 30, ODIHR director Ingibjorg Solrun Gisladottir expressed concerns about the bill and added, “emergency legislation being adopted by governments across the OSCE region must include a time limit and guarantee parliamentary oversight.” On March 30, the European Commission stated that it was not preventing anyone from doing their job, but would vigilantly ensure that European norms are respected in all policy areas while combating COVID-19. On June 16, parliament passed a bill compelling the government to lift the state of emergency, effective June 17.

Observers noted that many of the decrees and legislation enacted during the state of emergency, including imposing prison time for “scaremongering” under a special legal order and measures critics said were unrelated to the pandemic, remained on the books after the state of emergency was lifted. The Hungarian Helsinki Committee, the Hungarian Civil Liberties Union, and Amnesty International Hungary called the termination of the state of emergency an “optical illusion,” asserting that an omnibus bill passed concurrently contained provisions that allow the government to once again rule by decree for an indefinite period of time.

Under the state of emergency in April, the government issued a decree that classified the area of the city of God, which is led by opposition parties and home to a Samsung factory, as “strategically important” and a “priority economic zone,” thus transferring jurisdiction of that zone, including tax collection, from the municipality to the Fidesz-led county government. In May parliament passed a similar bill that allowed the government to declare any site hosting investment projects worth more than approximately five billion forints ($16 million) as a “special economic zone.” Critics noted that this provision was unrelated to the COVID-19 pandemic and seemed designed to target municipalities controlled by opposition parties, stripping them of tax revenue.

Following the increase of COVID-19 cases during the fall, the government reintroduced a state of emergency on November 4. On November 10, parliament passed a bill to extend the government’s state of emergency powers for an additional 90 days. Also on November 10, the government introduced approximately 30 bills to parliament, including constitutional amendments and other legislative actions on far-ranging issues such as LGBTI rights (see section 6), fiscal transparency (see section 4), judicial independence, and electoral law. On November 20, the Council of Europe commissioner for human rights, Dunja Mijatovic, called on parliament to postpone a vote on the measures, scheduled for December, because they could have “serious adverse effects on human rights in the country” if enacted, and because the state of emergency restricts “opportunities for meaningful democratic discussion and public scrutiny.” Parliament passed the bills on December 15.

Participation of Women and Members of Minority Groups: No laws limit participation of women and members of minority groups in the political process. Representation of women in public life, however, was very low. The ODIHR report on the 2018 elections noted, “Women are underrepresented in political life and there are no legal requirements to promote gender equality in elections.” Following the elections, women constituted 12.5 percent of members of parliament. As of November the 15-member cabinet included three women, and 13 percent of subcabinet-level government state secretaries were women, a figure that has remained relatively constant across Fidesz-KDNP administrations since 2010. The UN Human Rights Committee’s Sixth Periodic Report expressed concern that women were underrepresented in decision-making positions in the public sector, particularly in government ministries and parliament.

The electoral system provides 13 recognized national minorities the possibility of registering for a separate minority voting process in parliamentary elections, by which they vote on the minority candidate list instead of the party list. While all 13 national minorities registered candidate lists in the 2018 elections, only one–the German minority–obtained enough votes to win a minority seat in parliament. National minorities that did not win a seat were represented in parliament by nonvoting spokespersons whose competence was limited to discussing minority issues. Regarding the 2018 election campaign, the ODIHR stated it was informed of several instances where pressure was put on Romani voters not to register as minority voters and instead to vote for national lists. Due to privacy laws regarding ethnic data, no official statistics were available on the number of members of a minority who were in parliament or the cabinet.

While the law provides criminal penalties for corruption by public officials, few such cases were lodged or prosecuted during the year. The European Commission and NGOs contended that the government did not implement or apply these laws effectively and that officials and those with close government connections often engaged in corrupt practices with impunity.

Anticorruption NGOs alleged government corruption and favoritism in the distribution of EU funds. The Corruption Research Center Budapest identified several cases of bid rigging and other corruption risk indicators in public tenders with EU funding. The research center concluded that companies with close links to the government faced significantly less competition and were able to obtain higher prices when bidding for EU-funded projects.

In its September 30 Rule of Law Report, the European Commission found deficiencies in the country’s anticorruption policies and that the government did not sufficiently address nepotism and favoritism, noting specifically that, “when serious allegations arise, there is a systematic lack of determined action to investigate and prosecute corruption cases involving high-level officials or their immediate circle.” The report also noted, “tight interconnections between politics and certain national businesses are conducive to corruption.”

On December 15, parliament modified the constitution by introducing a new definition of public funds that limited them to “income, expenditures, and claims of the state.” Another amendment declared that the creation and operation of so-called asset management foundations–such as the ones that granted the government ownership of several universities, including the University of Theater and Film Arts (see section 2, Academic Freedom)–were governed by cardinal law requiring a two-thirds majority to change. Transparency watchdogs and opposition parties criticized both amendments, warning that under the new definition of public funds the government would not be compelled to release data on the operation of state-owned enterprises and public funds in response to freedom of information requests, shielding the government from public scrutiny.

In February the European Commission’s European Semester Report on the country stated that corruption remained an important concern. Although the commission noted minimal improvement during the previous year, it stated that further steps were necessary to strengthen transparency and competition in public procurement. The report also called for the Prosecutor General’s Office to pursue corruption cases more effectively and determined that “systemic action by Hungarian authorities to prosecute high-level corruption was lacking.” “The weakening of checks and balances, weak accountability and obstacles to access to public information hinder the fight against corruption,” the report concluded.

Corruption: In its 2019 annual report released on September 10, the European antifraud office OLAF found 43 cases of potential fraud in the country associated with EU development funds received between 2015 and 2019. OLAF recommended that the government repay 3.93 percent of the funds it received during the 2015-19 period. Observers noted that OLAF’s limited resources allowed it to review only a fraction of the tens thousands of EU cases in which EU funds were disbursed to member states.

On January 14, a criminal case against ruling Fidesz party member of parliament Gyorgy Simonka was launched in the Budapest Court of Justice. In August 2019 prosecutors charged Simonka and 32 associates of running a criminal organization that fraudulently obtained 1.4 billion forints ($4.6 million) in EU and state funds through a complex web of companies. Simonka was also accused of both paying and accepting bribes, reportedly paying 20 million forints ($67,000) in bribes to stop Tax Office investigations at his companies. According to the charges, two companies linked to him undertook overpriced EU and state-funded projects with Simonka’s help and transferred kickbacks in cash and other forms through intermediaries to the politician. Prosecutors were reportedly seeking an eight-and-a-half-year prison sentence for Simonka and the confiscation of his assets in the value of 850 million forints ($2.8 million).

Financial Disclosure: The law requires members of parliament, senior government officials, the president of the Supreme Court and his deputies, and the prosecutor general to publish asset declarations on a regular basis. NGOs claimed that public officials circumvented the required disclosures by placing assets in the names of spouses, who are not required to file asset declarations. The vast majority of public-sector employees, including law enforcement and army officers, judges, prosecutors, civil servants, and public servants, were also obliged to submit asset declarations, which are not publicly accessible. NGOs noted there were no criminal or administrative sanctions for submitting inaccurate asset declarations and asserted there was no effective method to detect violators. The European Commission’s Rule of Law Report noted a lack of transparency in political party financing, asset disclosure, and lobbying.

Domestic and international human rights groups operated with some government restrictions affecting their funding. Government officials were generally uncooperative and unresponsive to their views.

On June 18, the ECJ ruled that the country’s 2017 law requiring NGOs that receive foreign funding to register and label themselves as “foreign-funded organizations” violated EU law. The ECJ declared that the legislation unduly restricted free movement of capital and interfered with fundamental rights, including protection of personal data and freedom of association, respect for private life, as well as citizens’ right to participate in public life. Reacting to the ECJ ruling, an umbrella organization for the affected NGOs, the Civilization Coalition, wrote, “The decision is particularly important for all of Hungarian society, because the government has for years been trying to undermine NGOs working for the common good.” Justice Minister Judit Varga stated the government was committed to ensuring the transparency of NGOs. Despite the ruling, in September a government-established public foundation rejected an EU grant application from a human rights NGO over alleged noncompliance with the law. The law had not been repealed as of November.

At the beginning of the year, several government officials and progovernment media alleged that NGOs and their attorneys were profiting from “prison business” when, representing inmates, they sued the state for compensation due to poor prison conditions (also see section 1.c., Prison and Detention Center Conditions). Speaking about the Gyongyospata school segregation lawsuit (see section 6, Members of Minority Groups) and referring to human rights groups as “Soros organizations,” the officials also claimed such NGOs should not be able in future to “use Roma families as a tool to launch fundraising campaigns, disturb social peace, and reward those who do not go to school.”

On December 21, Norway’s Foreign Ministry announced the signing of an agreement with Hungary on the disbursement framework for 214.6 million euros ($262 million) in grants from the Norwegian government to support NGOs, climate protection projects, renewable energy, and other development projects. The government initially insisted on determining which NGOs would receive money designated for civil society but reached a compromise whereby a company acceptable to both parties would be chosen to determine the allocation of grant funds to NGOs. Norway stressed that the company’s independence from governmental influence remained a precondition to the agreement. Norway, Iceland, and Liechtenstein suspended payment to Hungary in 2014 after the government insisted on playing a bigger role in disbursing funds to NGOs in the country, and the government’s audit office raided the offices of one of the NGOs responsible for managing the grants, in what civil society organizations described as a politically motivated investigation that did not result in any charges.

In October, NGOs reported that authorities had closed the investigation into the October 2019 attack on the Aurora NGO center, during which approximately 50 members from the neo-Nazi Legio Hungaria group vandalized the center and burned the pride flag that was hanging outside, without filing any charges (see section 6).

On November 17, the Budapest Capital Regional Court ruled that police had failed in their duty when they did not take immediate action against a group of far-right extremists who had forced their way into an LGBTI event at the Aurora Center in September 2019, chanting homophobic slurs and physically harassing the event participants for three hours, forcing organizers to cancel it (see section 6).

In November 2019 Amnesty International and Human Rights Watch released statements regarding a media report that the state media conglomerate MTVA banned its staff from covering human rights organizations’ reports, which they described as an attempt to undermine media freedom and further restrict NGOs’ work in the country.

Government Human Rights Bodies: The constitution and law establish a unified system for the office of the commissioner for fundamental rights (ombudsperson). The ombudperson has two deputies, one responsible for the rights of national minorities and one for the interests of “future generations” (environmental protection). The ombudsperson is nominated by the president and elected by a two-thirds majority of parliament. The ombudsperson is solely accountable to parliament and has the authority to initiate proceedings to defend the rights of citizens from abuse by authorities and entities providing public services. The constitution provides that the ombudsperson may request that the Constitutional Court review laws. The ombudsperson is also responsible for collecting electronically submitted reports of public benefit, e.g., whistleblower reports on public corruption, and operates the national preventive mechanism against torture. Ombudsperson recommendations are not binding. During the international re-accreditation process of the ombudsperson’s office as a “national human rights institution,” the October 2019 report by the Global Alliance of National Human Rights Institutions (GANHRI) noted that the office “did not demonstrate adequate efforts in all human rights issues, nor has it spoken out in a manner that promoted and protected all human rights.” During the year GANHRI decided to defer the review of the ombudsperson’s office for one year. On December 1, parliament voted to transfer the mandate and tasks of the Equal Treatment Authority to the ombudsperson as of January 1, 2021 (see section 6).

Women

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

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

By law police called to a scene of domestic violence may issue an emergency restraining order valid for three days in lieu of immediately filing charges, while courts may issue up to 60-day “preventive restraining orders” in civil cases, without the option to extend.

Women’s rights NGOs continued to criticize the law for not placing sufficient emphasis on the accountability of perpetrators and the tendency of authorities to blame the victims. In November 2019 local media reported on a woman who shared photos on Facebook about how she had been physically assaulted on several occasions by her partner, a former member of the defense forces. While an investigation was underway in the case, her partner sued the woman for defamation and breach of his privacy rights. Women’s rights groups held a solidarity protest during the court hearing in Miskolc on September 28.

The Ministry of Human Capacities continued to operate a 24-hour toll-free hotline for victims of domestic violence and trafficking in persons. The ministry also sponsored crisis centers and secure shelters for victims of domestic violence operated by civil society organizations and church institutions. The crisis centers provided immediate accommodation and care for individuals and families for up to 90 days. The secure shelters addressed the needs of severely abused women whose lives were in danger, who were allowed a maximum stay of six months at the shelters. One type of service was the “crisis ambulance,” which provided mobile walk-in consultations, but not accommodation, for survivors of domestic violence.

NGOs criticized the lack of training on gender-based violence for professionals and emphasized the need for broader awareness-raising efforts among the public to encourage victims to seek assistance and report violence without stigmatization.

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

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children. Individuals have the right to manage their reproductive health, and most had access to the information and means to do so, free from discrimination, coercion, or violence. During the year the state took over fertility clinics and began providing state-subsidized assisted reproductive services (artificial insemination and in vitro fertilization), primarily tailored to support heterosexual married couples who experienced difficulty conceiving naturally. LGBTI NGOs characterized access to assisted reproductive technologies as discriminatory against same-sex couples.

Contraceptives were available but were not covered by the state health-care system, which limited access of marginalized groups living in poverty, including Romani women. Sterilization for family-planning (nonmedical) reasons is limited to persons who are older than age 40 or already have three biological children.

The government operated state-funded shelters and a hotline for victims of crime, including sexual violence against women, but these did not provide specialized assistance and sexual and reproductive health services for survivors.

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 the same legal status and rights for women as for men. According to the Economist’s 2018 glass ceiling index, women constituted 14.5 percent of company board membership, based on 2017 data. Women’s rights organizations asserted that Romani women could suffer multiple forms of discrimination on the basis of gender, ethnicity, and class, and experienced barriers to equal access in education, health care, housing, employment, and justice.

Children

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

Education: Although the law provides for free and compulsory education between the ages of three and 16 and prohibits school segregation, NGOs reported the segregation of Romani children in schools and their frequent misdiagnosis as mentally disabled. The European Commission opened an infringement procedure in 2016 due to concerns about the disproportionate overrepresentation of Romani children in special schools with intellectual disabilities as well as a considerable degree of segregated education in mainstream schools.

On February 13, the UN Committee on the Rights of the Child published its observations regarding the country’s adherence to the UN Convention on the Rights of the Child between 2014 and 2019. The report expressed concerns about continuing segregation of Romani children in schools and the increased gap in attainment between Romani and non-Romani children in different levels of education. The findings also noted that while there were more than 200 amendments of general legislation affecting children’s rights, the government did not assess the impact of these amendments before and after their adoption.

On March 13, the government announced that all schools would stay closed as an effort against the spread of COVID-19, with all students required to continue education through digital platforms. This posed a problem for disadvantaged children, particularly in the Romani community. Throughout March several Romani NGOs drew attention to the fact that Romani children often lived together with adults in small, overcrowded spaces that were unsuitable for distance learning and often lacked internet connections and electronic devices. They added that many Romani parents were undereducated and unable to help their children with their studies at home or to give them hot meals, which schools typically provided. More than 120 civil organizations across the country set up an action group to deliver food and other donations to families living in deep poverty.

On May 12, the Supreme Court upheld an earlier lower-level court ruling that ordered 99 million forints ($330,000) in damages be paid to 60 Romani students who were unlawfully segregated by and received inferior education from a local primary school in Gyongyospata for 14 years (see section 6, Ethnic Minority Groups). In response to the ruling, parliament in June amended the public education law to ban courts from awarding financial compensation as damages to those who received segregated education.

A 2019 report prepared by Romani and pro-Roma NGOs stated that one-half of Romani students dropped out of the education system. Only 24 percent of Romani students finished high school, compared with 75 percent of non-Romani students. Only 5 percent of Romani students entered university, compared with 35 percent of non-Romani students. The report noted that segregating Romani children in schools and lowering the mandatory school age to 16 contributed to high dropout rates.

In September the Ministry of Human Capacities cut state subsidies to public schools run by the Hungarian Evangelical Fellowship and Igazgyongy Foundation as well as the Dr. Ambedkar School, attended mostly by Romani children.

Child Abuse: Efforts to combat child abuse included a “child protection signaling system” to detect and prevent the endangerment of children; law enforcement and judicial measures; restraining orders; shelters for mothers and their children; and removal of children from homes deemed unsafe. The law provides that failure of a parent to “cooperate” with the doctors, district nurses, teachers, or family supporters in the signaling system automatically constitutes gross endangerment, even without any other signs of negligence or endangerment.

In December 2019 a man from the city of Gyor who was just released from prison for attacking his wife with a hammer in 2016, beat his 13-year-old stepdaughter and 10-year-old son to death, then hanged himself. The case received widespread media attention.

Child, Early, and Forced Marriage: The legal minimum age of marriage is 18. The Social and Guardianship Office may authorize marriages of persons between the ages of 16 and 18. The guardianship authorities consider whether a girl is pregnant in making their determination. Limited data exists regarding the prevalence of child marriage in the country, including in the Romani community.

Sexual Exploitation of Children: The law prohibits child pornography. The statute of limitations does not apply to sexual crimes against children. The government generally enforced the law. The minimum age for consensual sex is 12, provided the older partner is 18 or younger. Persons older than 18 who engage in sexual relations with a minor between the ages of 12 and 14 may be punished by one to five years’ imprisonment. By law statutory rape is a felony punishable by five to 10 years’ imprisonment if the victim is younger than 12.

NGOs criticized the practice of punishing children who were victims of sexual exploitation as misdemeanor offenders. On March 10, parliament passed amendments to laws regarding “action against exploitation of victims of human trafficking.” The new provisions entered into force on July 1 and prohibit the punishment of minors exploited in prostitution. Procuring minors for prostitution and exploitation of child prostitution is now a crime punishable by imprisonment between two to eight years.

In July the country’s former ambassador to Peru received a one-year suspended prison sentence and was ordered to pay a 540,000 forint ($1,800) fine for the possession of pornographic photos of children. The sentence prompted public and legal debates that punishments involving child pornography should be more stringent.

Institutionalized Children: The February report of the UN Committee on the Rights of the Child expressed concern over the high number of children living in institutional settings, including 300 children under three years of age. According to UNICEF Hungary, approximately 23,000 children were living in state care institutions. Pro-Roma NGOs noted that institutionalized children living in state care were especially vulnerable to human trafficking for prostitution and criticized the lack of special assistance for child victims of trafficking. In a 2018 report, the ombudsperson stated that one-third of children were placed in child protection care because of their families’ poor financial circumstances.

In August former residents and staff of the children’s home in Kalocsa told local media about the physical and verbal abuse that took place inside the institution for decades. The ombudsperson’s report from 2016 had concluded that supervisors regularly abused children.

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

According to the 2011 census, 10,965 persons identified their religion as Judaism. According to estimates from the World Jewish Congress, the Jewish population numbered between 35,000 and 120,000 persons. A 2018 study published in Szombat, a leading Hungarian Jewish news outlet, found that 82 percent of Hungarian Jews had a direct family member or ancestor who lost their life in the Holocaust. Jewish organizations considered the Holocaust to represent a defining element in the identity of Hungarian Jews, and they regarded it as vital to preserve the memory of what occurred during the Holocaust.

The Action and Protection Foundation, a Jewish group monitoring anti-Semitism, registered 35 anti-Semitic hate crimes in 2019. These were 27 cases of hate speech, six of vandalism, one threat, and one case of assault.

A prominent Jewish leader said that while Jews are not physically threatened in the country, the government engages in what often appears as anti-Semitic rhetoric that hurts many Jewish persons.

In an opinion piece published in the progovernment online outlet Origo on November 28, ministerial culture commissioner Szilard Demeter called a Jewish Hungarian-American businessman and philanthropist the “liberal Fuhrer” and wrote that Europe was his “gas chamber” with “poisonous gas” flowing from the capsule of a “multicultural open society.” Referring to the row over the EU’s new rule of law mechanism, Demeter described Poles and Hungarians as “the new Jews” targeted by “liber-aryans.” The Federation of Hungarian Jewish Communities (Mazsihisz) condemned Demeter’s comments as a “textbook example of Holocaust relativization” and “incompatible with the government-proclaimed zero tolerance against all forms of anti-Semitism”; the Unified Hungarian Jewish Congregation called Demeter’s comments “tasteless” and “unforgivable.” As of December government officials continued to defend Demeter’s continued tenure as a ministerial commissioner, arguing he had retracted the piece and apologized.

On March 5, graves at a Jewish cemetery in Kiskufelegyhaza were vandalized. Repair costs were estimated at between 300,000 and 2.5 million forints ($1,000 to $8,000).

On January 6, state-run Kossuth Radio station announced the appointment of Beatrix Siklosi as its new director. On January 27, in light of Siklosi’s history of making and spreading anti-Semitic and racist statements, 21 Jewish organizations published a joint open letter to the CEO of the public media organization MTVA, Daniel Papp, asking him to terminate Siklosi’s appointment. Papp rejected the accusations of anti-Semitism against Siklosi as unfounded.

On August 20, the government awarded the Hungarian Order of Merit to historian Erno Raffay, who has been criticized for disseminating anti-Semitic views. The European Commission coordinator on combatting anti-Semitism, Katharina von Schnurbein, condemned Raffay in a social media post on August 25 for openly spreading “anti-Semitic speech and conspiracy myths.”

On January 31, the government adopted a new national curriculum that was introduced on September 1 in elementary and secondary public schools. Jewish groups expressed concern that the mandatory reading material included works by writers widely viewed as anti-Semitic and removed works by Imre Kertesz, Nobel laureate for literature and Hungarian Holocaust survivor.

On February 8, approximately 500 to 600 members of radical right-wing and neo-Nazi groups from Hungary and other European countries gathered for a “Day of Honor” in Budapest, commemorating the attempted breakout of German and Hungarian troops in February 1945 during the siege of Budapest by the Soviet Red Army. Dressed in black and carrying flags of their respective far-right movements, they laid wreaths to honor “hero” Nazis and their collaborators. While police initially banned the event, a subsequent court ruling overturned the ban. Separated by a line of police, some 300 to 500 counterdemonstrators, including Romani groups, chanted and drummed during the event. No major conflicts were reported. The commemoration was followed by a march to the outskirts of Budapest following the route of the attempted siege-breakers, in which some participants wore historical uniforms and insignia. No senior government officials publicly condemned the event.

The opening of the House of Fates, a planned new Holocaust museum concept and education center in Budapest, remained pending due to controversy around the museum’s proposed concept. Leading Jewish groups and Holocaust scholars criticized the museum’s proposed concept as an attempt to obscure the involvement of the World War II-era Hungarian state and its leader, Miklos Horthy, in the Holocaust, given that Horthy allied Hungary with Nazi Germany and deported more than 400,000 Hungarian Jews in summer 1944 to Nazi death camps.

On March 1, approximately 1,000 demonstrators took part in a march organized by the far-right party Mi Hazank and the Betyarsereg and 64 Counties extremist groups honoring the centennial of Horthy’s coming to power.

Jewish leaders criticized Laszlo Biro, a Jobbik party member and the opposition parties’ unsuccessful joint candidate in the October 11 by-election in Borsod County, for anti-Semitic and racist statements.

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

There were no data available on the percentage of government buildings accessible to persons with disabilities.

The government reviewed its 2019-36 deinstitutionalization strategy to reduce the number of persons with disabilities living in institutions with capacities greater than 50 persons. On April 28, it published its action plan, valid until 2022, to implement the 2015-25 national program on disability issues. International and domestic NGOs called on the government to avoid sustaining institutional culture by building mini-institutions because risks for persons in these settings remain as serious as for those in larger institutions. In a report released April 16 on its visit to the country in 2019, the UN Committee on the Rights of Persons with Disabilities stated that maintaining and expanding a national system of social care institutions “perpetuated segregation and isolation from society.” The report also stated that children with disabilities requiring high levels of support were overrepresented in segregated education. It also observed the prevalence of poor conditions in these institutions, overmedication, and violations of sexual and reproductive rights.

The constitution provides that a court may deprive persons with disabilities who are under guardianship of the right to vote in its adjudication of the individual’s limited mental capacity. NGOs noted that depriving persons with intellectual or psychosocial disabilities of their legal rights violated international conventions on the rights of persons with disabilities. Disability rights experts noted that persons with disabilities living in institutions were often placed under guardianship and noted the relative lack of government support for personal assistance in independent living situations.

Members of National/Racial/Ethnic Minority Groups

Roma were the country’s largest ethnic minority. According to the 2011 census, approximately 315,000 persons (3 percent of the population) identified themselves as Roma. A University of Debrecen study published in 2018, however, estimated there were 876,000 Roma in the country, or approximately 9 percent of the country’s population. The study claimed the 2011 census underestimated the size of the Romani community, since Romani respondents often preferred not to disclose their minority status. To avoid biased responses, the researchers gathered data from municipal governments and from Romani self-government bodies instead of asking respondents to self-report their ethnicity.

Human rights NGOs continued to report that Roma suffered social and economic exclusion and discrimination in almost all fields of life. According to an October 12 report prepared for the Council of Europe by the Advisory Committee on the Framework Convention for the Protection of National Minorities, Roma faced discrimination in education, employment, and access to housing and health care.

On May 28, the Mi Hazank party, joined by a few hundred supporters, held a demonstration against what they called “Gypsy crime” in front of the building of the National Roma Self-Government in Budapest. The demonstration was in response to a double homicide in downtown Budapest in which a teenager stabbed two young men. Unconfirmed press reports in some conservative and right-wing media alleged that the suspect was of Romani ethnicity. A Mi Hazank politician claimed, “The majority of perpetrators [of criminal acts] belonged to the Romani minority.” Police prohibited the gathering citing COVID-19 restrictions, but the party maintained that the demonstration was an “act of mourning” outside the scope of the law. Under heavy police presence, some protesters lit smoke bombs, chanted, “Yes, Gypsy crime exists,” and marched to the site of the scene of the killing joined by individuals from far-right paramilitary organizations. In a May 28 statement, the National Roma Self-Government stated that hostile incitement against Roma was increasing and criticized those who hold them collectively responsible for criminal acts instead of acknowledging individual responsibility. On June 1, Romani civil rights activists reported that the Roma Holocaust memorial in Budapest was defaced with the text “Eradicating Gypsies = eradicating crime.”

In a high-profile May 12 ruling, the Supreme Court upheld an earlier lower-level court ruling that ordered 99 million forints (approximately $330,000) in damages be paid to 60 Romani students who were unlawfully segregated by and received inferior education from a local primary school in Gyongyospata for 14 years. The educational authority and local government had asked the court to allow for educational instead of financial compensation, or to lower the compensation amount, but the court rejected both requests. On May 15, Prime Minister Orban called the ruling “unfair” and added: “It serves the law, but it does not deliver justice. From downtown Budapest, where the court is, justice for Gyongyospata is invisible. But we will find it.” The Fidesz member of parliament from Gyongyospata, Laszlo Horvath, called the ruling a “bad decision which disrupts social peace as it unilaterally and overwhelmingly punishes a whole town for the real or assumed grievances of a minority.”

On August 26, the Curia announced its ruling in favor of Romani mothers who were discriminated against in the maternity ward of a hospital in the city of Miskolc. The court agreed with the request by the plaintiff, the European Roma Rights Center, that the hospital immediately terminate the practice of requiring pregnant women’s family members to pay for a hygienic garment in order to accompany them in the hospital room. The plaintiff noted that Romani women were more likely to give birth alone and exposed to the risk of racist abuse and harassment by medical practitioners.

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

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

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

The law prohibits discrimination based on sexual orientation. In addition, the law prohibits certain forms of hate speech and prescribes increased punishment for violence against members of the LGBTI community. Victims of discrimination had a wide choice of remedies, including a procedure by a designated government agency (the Equal Treatment Authority), enforcement of personality rights via civil court procedure, and sectoral remedies in media law. Only the civil procedure allows for the awarding of pecuniary and nonpecuniary damages. The Constitutional Court also offers possibilities to challenge allegedly discriminatory legislation. NGOs reported that the Equal Treatment Authority and courts enforced these antidiscrimination laws. On December 1, parliament voted to abolish the Equal Treatment Authority, viewed by LGBTI groups as one of the few remaining public bodies that delivered decisions against discrimination based on sexual orientation and gender identity, and to place it under the ombudsperson’s office as of 2021.

On December 15, parliament adopted a government-submitted amendment introducing additional gender-specific language into the constitution, declaring that “the basis for family relations is [heterosexual] marriage,” and “the mother is a woman, the father is a man.” It also declared that the country “protects children’s right to an identity based on their gender at birth” and that children must be guaranteed an “upbringing based on values stemming from [Hungary’s] constitutional identity and Christian culture.” Parliament also adopted government-submitted legal provisions on adoption allowing only married couples consisting of a woman and a man to adopt children, unless the minister for family affairs grants special permission.

On May 19, parliament adopted an omnibus bill that included provisions replacing the term “gender” with “gender at birth” in the civil registry and prohibited gender change on all official documents, such as identification cards, passports, and driving licenses. LGBTI organizations expressed public concern that as a result transgender persons could face harsh workplace and health-care discrimination or could be accused of fraud when presenting personal identity documents. Before the adoption of the amendment, a group of 63 members of the European Parliament sent an open letter to Justice Minister Judit Varga and the chief of the Prime Minister’s Office, Gergely Gulyas, asking them to withdraw the proposal.

In October, Prime Minister Orban stated that a book that depicted fairy tales with minority, Romani, LGBTI, and characters with disabilities was an “act of provocation.” The leader of the Mi Hazank party tore up a copy of the book in public, and a conservative campaign group collected signatures calling for a boycott. The Hungarian Publishers and Bookseller’s Association condemned the actions, comparing them to censorship under Communism or Nazi book burning.

On August 14, during the Budapest Pride Festival, members of the “Aryan Greens”–a supporters’ group of the Ferencvaros soccer club that includes far-right extremists–tore down the pride flag flying from the Budapest 9th district city hall building and shared photos on Facebook of demonstrators stepping on the flag and burning it. Police identified and detained one suspect on suspicion of harassment. NGOs noted that authorities did not classify the act as a hate crime. Subsequently the vice president of Mi Hazank, Elod Novak, tore down pride flags from two Budapest district city hall buildings. Party president Laszlo Toroczkai stated they would continue to take action against “violent, deviant homosexual propaganda, supported by international background forces,” which he said had reached a point where the symbol of “this satanic group” appeared on the facade of local council buildings. On August 17, a small group of far-right extremists attempted to disrupt a pride festival event but backed off after police asked for their identification. A group of approximately 20 persons dressed in black shirts with the text “Hungarian resistance” appeared at another pride event on August 18, where they damaged the restrooms of Loffice Budapest, which hosted the event.

On November 17, the Budapest Capital Regional Court ruled that police had failed in their duty when they did not take immediate action against a group of far-right extremists who had disrupted an LGBTI event at Aurora Center in September 2019. The Hungarian Helsinki Committee, which represented the plaintiffs, welcomed the court decision for finding that the intruders’ threatening actions and verbal violence were sufficient grounds for police intervention and for providing “clear guidance” to the authorities on what actions they must take if there is an attack on the LGBTI community.

Other Societal Violence or Discrimination

According to the 2011 census, 5,579 persons identified their religion as Islam. Government officials regularly made statements in defense of a “Christian Europe.” In an essay published on the occasion of the start of the fall parliamentary session, Prime Minister Orban wrote in the daily Magyar Nemzet on September 21 that, while Central European countries were choosing a migration-free future, the majority population in large Western European cities and 20 percent of the European population would be Muslim by 2050. On August 31, Deputy Prime Minister Zsolt Semjen stated that the government had built or refurbished approximately 3,000 churches in the Carpathian Basin since 2010 and pledged that “none of those churches will be turned into mosques or shopping malls.”

a. Freedom of Association and the Right to Collective Bargaining

The labor code provides for the right of workers to form and join independent unions without previous authorization and conduct their activities without interference, although unions alleged requirements for trade union registration were excessive. The labor code prohibits any worker conduct that may jeopardize the employer’s reputation or legitimate economic and organizational interests and explicitly provides for the possibility of restricting the workers’ personal rights in this regard, including their right to express an opinion during or outside of working hours. Violations of this law could result in a fine to compensate for damages in case the employer turns to court, although this labor code provision was rarely implemented and there were no reported instances during the year. With the exception of law enforcement and military personnel, prison guards, border guards, health-care workers, and firefighters, workers have the right to strike. In other spheres of the public sector, including education or government services, minimum service must be maintained. The law permits military and police unions to seek resolution of grievances in court. The law prohibits antiunion discrimination and provides for reinstatement of workers fired for union activity.

Workers performing activities that authorities determine to be essential to the public interest, such as schools, public transport, telecommunications, water, and power, may not strike unless an agreement has been reached on provision of “sufficient services” during a strike. Courts determine the definition of sufficient services. National trade unions opposed the law on the basis that the courts lacked the expertise to rule on minimum service levels and generally refused to rule on such cases, essentially inhibiting the right to strike.

The government effectively enforced laws providing for freedom of association and collective bargaining. Penalties for violations were generally commensurate with those for other violations. In the public sector, administrative and judicial procedures to determine adequate services were sometimes subject to lengthy delays and appeals.

Authorities and employers generally respected freedom of association and the right to collective bargaining. Trade unions alleged that national prosecutors restricted trade union activities and in some cases reported antiunion dismissals and union busting by employers. There were also reports of unilateral termination of collective agreements, which employers in some cases attributed to financial difficulties resulting from the COVID-19 pandemic. Unions reported the government continued to attempt to influence their independent operation.

While the law provides for reinstatement of workers fired for union activity, court proceedings on unfair dismissal cases sometimes took more than a year to complete, and authorities did not always enforce court decisions.

b. Prohibition of Forced or Compulsory Labor

While the law prohibits all forms of forced or compulsory labor, observers asserted the government failed to enforce it effectively and forced labor occurred. Penalties for forced labor were comparable to penalties for other serious crimes.

Groups vulnerable to forced labor included those in extreme poverty, undereducated young adults, Roma, and homeless men and women. Hungarian men and women were subjected to forced labor domestically and abroad, and labor trafficking of Hungarian men in Western Europe occurred in agriculture, construction, and factories. The COVID-19 pandemic reduced the number of seasonal workers, including Hungarians, as numerous hostels and workplaces became hot spots of infections and were subsequently closed. The government implemented temporary travel restrictions, quarantine, or testing for those entering the country to control the pandemic, while also increasing law enforcement efforts and sustaining its prevention efforts.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The constitution generally prohibits child labor. The law prohibits children younger than 16 from working, except that children who are 15 or 16 may work under certain circumstances as temporary workers during school vacations or may be employed to perform in cultural, artistic, sports, or advertising activities with parental consent. Children may not work night shifts or overtime or perform hard physical labor. The government performed spot-checks and effectively enforced applicable laws; penalties were commensurate with those of other serious crimes.

Through the end of 2018, the employment authority reported 10 cases, involving 17 children, of labor by children younger than 15. The employment authority also reported eight cases involving 11 children between the ages of 15 and 16 who were employed without the consent of their parents or legal representatives during the school year, as well as 16 cases involving 18 children between the ages of 16 and 18 who were employed without the consent of their parents or legal representatives. The employment authority noted child labor cases increased as a result of tighter legislation, which requires presentation of parental permission during an inspection.

d. Discrimination with Respect to Employment and Occupation

The constitution and laws prohibit discrimination based on race, sex, gender, disability, language, sexual orientation and gender identity, infection with HIV or other communicable diseases, or social status. The labor code provides for the principles of equal treatment. The government failed to enforce these regulations effectively. Penalties were not commensurate with laws related to civil rights.

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

e. Acceptable Conditions of Work

In 2018 the net national minimum monthly wage for full-time employment of unskilled workers and the special minimum monthly wage for skilled workers exceeded the poverty level.

The law sets the official workday at eight hours, although it may vary depending on industry. A 48-hour rest period is required during any seven-day period. The regular workweek is 40 hours with premium pay for overtime. On January 1, amendments to the labor code became effective that increased the limit on maximum overtime from 250 to 400 hours per year. The code also provides for 10 paid annual national holidays. Under the new code, overtime is to be calculated based on a three-year time period, i.e., employees have a right to overtime pay only if, over a three-year period, they have worked an average of more than 40 hours per week. Observers noted the provision could allow employers to avoid paying overtime for work in one year by requiring employees to work less than full time during both or one of the two other years if it lowered their average workweek over the entire three-year period to 40 hours or less. The changes to the labor code led to a series of worker demonstrations in late 2018 and early 2019, following which most employers agreed not to take advantage of the overtime calculation provision of the new labor code and to continue paying overtime in the following pay period. The government effectively enforced minimum wage and overtime laws and penalties for violations were commensurate with those for other similar violations.

During the COVID-19 pandemic, the government passed a decree allowing employers and employees not to apply the prescriptions of the labor code in contracts and work schedules. Trade unions claimed this decree was unconstitutional because it enabled employers to force disadvantageous contracts upon employees and undermined their legal protections. As trade unions have no right of appeal to the Constitutional Court, they appealed to opposition parties to request constitutional review.

The government rewrote established occupational safety and health standards to include pandemic protection measures. The government shut down several economic sectors during the pandemic, including tourism, catering, and culture. Workers continued to have the right to remove themselves from situations that endangered their health or safety without jeopardy to their employment, and authorities effectively protected employees in such situations.

The government effectively enforced occupational safety and health laws in the formal sector. Penalties for violations were commensurate with those for other similar offenses. Labor inspectors regularly provide consultations to employers and employees on safety and health standards. Labor laws also apply to foreign workers with work permits. Labor standards were not enforced in the informal economy. The number of inspectors was sufficient to enforce compliance in the formal sector, and inspectors had the authority to make unannounced inspections and initiate sanctions.

The employment authority and the labor inspectorate units of government offices monitored and enforced occupational safety and health standards and labor code regulations. According to the Labor Protection Directorate of the Finance Ministry, 24,055 injuries and 83 fatalities occurred at workplaces in 2019, a slight increase from 2018. Most of the injuries and deaths occurred in the processing, manufacturing, transport and warehousing, agricultural, and retail sectorss

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

On March 2, Naples prosecutors charged a police officer with murder for killing a minor while responding to an attempted armed robbery on February 29. The police officer’s lawyers asserted the officer considered the victim to be an imminent threat to his life and acted in self-defense.

Prosecutors investigate crimes committed by police forces and prosecute suspects. Courts investigate and prosecute alleged killings by security forces. Military prosecutors and judges investigate alleged killings by the military.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices, but there were some reports that government officials employed them.

In a report on its March 2019 visit, the Council of Europe’s Committee for the Prevention of Torture (CPT) stated that at Viterbo Prison it heard a considerable number of allegations of physical mistreatment of prisoners by staff, mainly with slaps, punches, and kicks. There was a specific allegation of blows with metal cell keys on an inmate’s head. At Saluzzo Prison the CPT delegation heard additional allegations of physical mistreatment of inmates by staff consisting of punches and kicks. At Biella and Milan Opera Prisons, it received a few allegations of physical mistreatment, consisting mainly of excessive use of force by staff on inmates.

On July 22, authorities closed a police station in Piacenza and arrested 11 Carabinieri officers suspected of involvement in a criminal gang that made illegitimate arrests, tortured arrestees, trafficked narcotics, and carried out extortion from 2017 to 2020. On July 20, prosecutors in Turin opened an investigation into the director and chief of prison guards of the Turin prison for abetting the mistreatment of detainees in at least 10 cases in 2018 and 2019 and for failing to report those guards responsible to authorities.

According to the daily Domani, on April 6, approximately 300 corrections officers rounded up and beat a group of prisoners in the Santa Maria Capua Vetere prison who had protested for more masks, gloves, and sanitizer to protect against the COVID-19. According to testimony given to the nongovernmental organization (NGO) Associazione Antigone, several of the inmates were stripped naked, insulted, and beaten. Prosecutors reportedly opened investigations into 57 corrections officers for torture and abuse of power.

According to the Conduct in UN Field Missions online portal, in July there was one allegation of sexual exploitation and abuse by an Italian peacekeeper deployed in the UN Interim Force in Lebanon. The allegation involved an exploitative relationship with an adult. As of September, the government was investigating the allegation.

Impunity was not a significant problem in the security forces.

Prison and Detention Center Conditions

Prison and detention center conditions met international standards overall, but some prisons were overcrowded and antiquated.

Physical Conditions: Prison populations at the Latina, Larino, and Taranto prisons were at more than 170 percent of capacity. While the law requires the separation of pretrial detainees from convicted prisoners, Associazione Antigone reported authorities at those prisons held them together.

The CPT found deteriorating physical and structural conditions in one wing of Viterbo Prison. According to a report in May by Associazione Antigone, the cells in 25 of 98 prisons visited from 2019 to 2020 did not meet the minimum requirement of 32 square feet for each detainee. Lack of activity for inmates contributed at times to self-inflicted violence. The NGO Ristretti reported that 46 prisoners committed suicide as of October. In several cases health care in prisons, including diagnosis, treatment, and psychiatric support, was insufficient. The suspension of family visits enacted as part of the government’s response to the COVID-19 pandemic initially triggered prison riots. Between March 7 and April 20, approximately 10,000 inmates rioted in 49 of the 194 detention centers countrywide, resulting in the death of 13 detainees. Nine died in Modena, of whom four died from a drug overdose after they looted the prison pharmacy. NGOs also expressed concern about the prison management’s ability to contain the spread of COVID-19 in prisons such as San Vittore in Milan, where several inmates shared small cells. Due to the COVID-19 pandemic, the government authorized judges to release individual inmates considered to be at high risk of COVID-19 and initiated virtual visits with family.

Administration: Authorities investigated credible allegations of mistreatment. Several foreign Muslim prisoners at Biella and Viterbo Prisons complained to the CPT that their religious requirements were not adequately taken into account in the provision of food.

Independent Monitoring: The government permitted independent human rights organizations, parliamentarians, and media to visit prisons and detention centers. The government also provided representatives of the Office of the UN High Commissioner for Refugees (UNHCR) and NGOs access to migrant and refugee detention centers, in accordance with UNHCR’s standard procedures. On January 21, the CPT released a report on its visit to the country in March 2019.

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed these requirements.

Arrest Procedures and Treatment of Detainees

To detain an individual, police must have a warrant issued by a public prosecutor, unless a perpetrator is caught in the act or there is a specific and immediate danger to which a police officer is responding. The law requires authorities to inform a detainee of the reason for arrest. If authorities detain a person without a warrant, an examining prosecutor must decide within 24 hours of detention whether there is enough evidence to validate the arrest. An investigating judge then has 48 hours to affirm the arrest and recommend prosecution. In cases of alleged terrorist activity, authorities may hold suspects up to 48 hours before bringing the case to a magistrate. These rights and processes generally were respected.

There is no provision for bail, but judges may grant detainees provisional liberty while awaiting trial. The government provides a lawyer at its expense to indigent persons. The law requires authorities to allow a detainee to see an attorney within 24 hours of his or her arrest, or within 48 hours for cases of suspected terrorist activities. Access to an attorney can take up to five days under exceptional circumstances if the investigating judge needs to interrogate the accused concerning organized crime, or if the judge foresees a risk the attorney may attempt to tamper with the evidence.

Pretrial Detention: Pretrial detention that exceeded the legal time limit of two to six years and trial delays caused problems. Authorities normally adhered to the maximum term for pretrial detention; in no case did it equal or exceed the maximum sentence for the alleged crime. According to independent analysts and magistrates, the large number of drug and immigration cases awaiting trial, the lack of judicial remedies, the high number of foreign detainees, and insufficient digitalization of trial records resulted in delays. In some cases detainees could not be placed under house arrest, because they had no legal residence or because there was a shortage of resources, including officers, judges, and administrative staff.

e. Denial of Fair Public Trial

The constitution provides for an independent judiciary, and the government generally respected judicial independence and impartiality. There were isolated reports that judicial corruption and politically motivated investigations by magistrates impeded justice. Several court cases involved long trial delays.

Trial Procedures

The constitution provides for the right to a fair and public trial, and an independent judiciary generally enforced this right.

Defendants are presumed innocent and have the right to be informed promptly and in detail of the charges against them. Trials are fair and public, but they can be delayed if there is an insufficient number of judges and administrative clerks or due to legal maneuvering. Defendants have the right to be present at their trials.

The law provides for defendants to have access to an attorney of their choice in a timely manner or to have one provided at public expense if they are unable to pay. Defendants had adequate time to discuss and prepare cases with their lawyers in appropriate facilities available in all prisons. Judiciary experts reported foreign detainees were unable to access needed interpretation or translation services in a timely manner. A defendant has the right to confront and question opposing witnesses and to present his or her own witnesses and evidence. Defendants may not be forced to testify or confess guilt, and they have a right to appeal verdicts.

Domestic and European institutions criticized the slow pace of the judicial process. The Ministry of Justice reported the time to come to the first trial for penal offenses in 2019 averaged 392 days, and 840 days if the case was appealed. The country’s “prescription laws” (statutes of limitations) in criminal proceedings require that a trial end by a specific date. Courts determine when the statute of limitations applies. Defendants sometimes took advantage of delays in order to exceed the statute of limitations, which allowed them to avoid a guilty sentence at trial or be released pending an appeal. In 2018 the Ministry of Justice reported the statute of limitations applied to 120,907 cases. The percentage of detainees who received a final sentence, or a sentence that could not be appealed, has risen over the previous 10 years. As of September 30, 66 percent of detainees received a final sentence compared with 51 percent in 2009.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

By law individuals and organizations may seek civil remedies for human rights violations through domestic courts. Individuals may bring cases of alleged human rights violations by the government to the European Court of Human Rights once they exhaust all avenues for a remedy in the domestic court system.

Property Restitution

The government has endorsed the Terezin Declaration and worked toward fulfilling its goals and objectives. The Jewish community has no outstanding restitution claims with the government. The Anselmi Commission, a technical body with the mandate to investigate the confiscation of Jewish assets during the Holocaust and the restitution of them after the Holocaust, reported in 2002 that, in general, deported survivors who claimed assets received them back, but those survivors or heirs who did not claim assets remained uncompensated. Governmental institutions, however, have not followed up on the Anselmi Commission’s recommendations to try to identify survivors or their heirs entitled to unclaimed property. The Union of Italian Jewish communities reported that, in general, most confiscated assets were returned to their owners or next of kin except in cases when the latter could not be identified. It noted that national and local authorities have not been fully effective in seeking out potential claimants for communal and heirless property but characterized the government as cooperative and responsive to community concerns in the area of protection and restoration of communal property. The Rome Jewish Community continued to seek international assistance in restoring the contents of the Jewish communal library of Rome looted by the Nazis in 1943.

The Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 29, 2020, can be found on the Department’s website: https://www.state.gov/reports/just-act-report-to-congress/.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law prohibits such actions, and there were no reports of arbitrary or unlawful interference by the government.

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Freedom of Speech: The law criminalizes insults against any divinity as blasphemy and penalizes offenders with fines. There were no reports of enforcement of this law or of convictions under it during the year.

Speech based on racial, ethnic, national, or religious discrimination is a crime punishable by up to 18 months in prison. Detention is legitimate only in the case of serious violation of fundamental rights and hate crimes. Holocaust denial is an aggravating circumstance carrying additional penalties in judicial proceedings.

Libel/Slander Laws: Libel and defamation are criminal offenses punishable by up to three years of imprisonment, which may be increased if directed against a politician or government official. Public officials brought cases against journalists under libel laws. Criminal penalties for libel were seldom carried out.

Nongovernmental Impact: Reporters without Borders reported growing hostility toward reporters mainly due to organized crime-affiliated threats. According to the same organization, approximately 20 journalists, especially in and near the South, received around-the-clock police protection because of serious threats or murder attempts. In Rome reporters were at times harassed by neo-Fascist activists and became targets of criticism and harassment on social media platforms by private and political activists, including supporters of the Five Star Movement.

Reporters without Borders reported journalists exposed to threats by criminal organizations increasingly self-censored. On July 14, the national daily La Repubblica published transcripts of conversations of organized crime bosses describing television anchorman Massimo Giletti as an annoyance. Giletti had criticized the release of more than 300 organized crime bosses and associates due to the government’s emergency measures aimed at reducing COVID-19 in prisons.

The 2020 report of the Partner Organizations to the Council of Europe Platform to Promote the Protection of Journalism and Safety of Journalists cited concerns over physical and verbal attacks on journalists by neo-Fascist groups.

On April 8, Silvio Palazzolo, a reporter for La Repubblica, was threatened in a Facebook post by the brother of an organized crime boss detained in Sicily. Palazzolo had published an article asserting that the generosity of organized crime affiliates during the COVID-19 lockdown was aimed at increasing their infiltration in communities in Palermo. In July 2019 the National Federation of the Italian Press reported that two organized crime members were intercepted discussing a possible assault against Palazzolo. On April 18, the federation expressed solidarity with the editor of La Repubblica, Carlo Verdelli. According to investigators, Verdelli was the target of multiple Twitter attacks by far-right groups between January and April. On February 2, the founder and former editor of La Repubblica, Eugenio Scalfari, received six letters containing insults.

The National Federation of Italian Press also reported 83 cases of threats against journalists between January and June, of which approximately half were published online.

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority. The National Center for the Fight against Child Pornography, part of the National Police, monitored websites for crimes involving child pornography.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

c. Freedom of Religion

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

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

The government cooperated with UNHCR and other international and humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, and other persons of concern. The uncertainty of EU member states’ willingness to accept a share of migrant arrivals and the fear of possible COVID-19 contagion affected the willingness of authorities to protect migrants and asylum seekers brought to the country by rescue vessels.

Abuse of Migrants, Refugees, and Stateless Persons: International humanitarian and human rights organizations accused the government of endangering migrants by encouraging Libyan authorities, through cooperation and resources, to rescue migrants at sea and return them to reception centers in Libya. Aid groups and international organizations deemed Libyan centers to have inhuman living conditions.

The International Organization for Migration (IOM), UNHCR, and NGOs reported labor exploitation of asylum seekers, especially in the agriculture and service sectors (see section 7.b.), and sexual exploitation of unaccompanied migrant minors (see section 6, Children).

The government uncovered corruption and organized crime in the management of resources allotted for asylum seekers and refugees. In June the Ministry of Interior suspended its contract with an NGO that managed a migration center in Cosenza after one of its managers was accused of corruption in an organized crime investigation.

Refoulement: Amnesty International and other NGOs accused the government of failing to protect migrants when it renewed the 2017 memorandum of understanding on illegal immigration with Libya on February 2. Italian authorities cooperated with the Libyan coast guard to rescue migrants in Libyan waters and take rescued migrants back to Libya. UNHCR did not consider Libya a “safe country” in light of the absence of a functioning asylum system, the widely reported difficulties faced by refugees and asylum seekers in Libya, the lack of protection from abuses, and the lack of durable solutions.

Access to Asylum: On April 7, the minister for infrastructure and transportation signed a decree stating that Italian ports could not guarantee to meet the requirements to qualify as place of safety for migrants rescued by foreign-flagged ships outside the Italian search and rescue area due to the massive outbreak of COVID-19 in the country. The decree effectively continued the highly restrictive policy of former deputy prime minister and interior minister Matteo Salvini. On May 6, the coast guard seized two humanitarian ships, one German and one Spanish, ostensibly because their equipment was inadequate.

NGOs and independent observers identified difficulties in asylum procedures, including inconsistency of standards applied in reception centers and insufficient referral rates of trafficking victims and unaccompanied minors to adequate services.

On October 5, the government adopted a decree reintroducing humanitarian protections for migrants who face risk of life in their countries of origin and authorizing local authorities to provide legal residency to asylum seekers, allowing them to access public services, such as health care and education. Regional adjudication committees took an average of five months to process asylum claims. If a case was legally appealed, the process could last up to two years. On July 31, migration centers hosted 85,000 migrants, a 19-percent decrease from the previous year. From January to June, the government reviewed 71,700 asylum applications.

Safe Country of Origin/Transit: The country is party to the EU’s Dublin III Regulation and its subsequent revisions, which identify the member state responsible for examining an asylum application based primarily on the first point of irregular entry.

Freedom of Movement: The law permits authorities to detain migrants and asylum seekers in identification and expulsion centers for up to 180 days if authorities decide they pose a threat to public order or if they may flee from an expulsion order or pre-expulsion jail sentence. On March 24, in order to prevent COVID-19 contagion in the expulsion centers, the ombudsman for detainees asked the government to free some of the 381 irregular migrants who could not be repatriated and who were detained in expulsion centers. The government worked to reduce migrant flows across the Mediterranean Sea on smuggler vessels and imposed restrictions on freedom of movement for up to 72 hours after migrants arrived in reception centers.

Employment: According to labor unions and NGOs, employers continued to discriminate against refugees in the labor market, taking advantage of weak enforcement of legal protections against exploitation of noncitizens. High unemployment in the country and the COVID-19 national lockdown also made it difficult for refugees to find legal employment.

Access to Basic Services: Authorities set up temporary housing for refugees in centers of varying quality, from high-quality centers run by local authorities to repurposed facilities, such as old schools, military barracks, and residential apartments. Some rescued asylum seekers were quarantined off Sicily’s coast aboard cruise ships leased by the government. Some refugees who tested positive for COVID-19 were hospitalized in military facilities. UNHCR, the IOM, and other humanitarian organizations and NGOs reported thousands of legal and irregular foreigners, including refugees, were living in abandoned, inadequate, or overcrowded facilities in Rome and other major cities. They also reported refugees had limited access to health care, legal counseling, basic education, and other public services.

Some refugees and asylum seekers working in the informal economy could not afford to rent apartments, especially in large cities. They often lived in makeshift shacks in rural areas or squatted in buildings in substandard conditions. On April 9, authorities in Rome found at least 16 COVID-19-positive refugees squatting in a building with 600 other persons. NGOs and advocacy groups alleged the Rome municipal government failed to provide alternative public housing for evicted persons, including refugees.

Durable Solutions: The government’s limited attempts to integrate refugees into society produced mixed results. The COVID-19 lockdown caused an increase in unemployment among refugees and asylum seekers. The government offered refugees resettlement services. The government and the IOM assisted migrants and refugees who opted to return to their home countries.

Temporary Protection: Between January and July, the government provided special protection to 185 persons and subsidiary protection to 2,258 persons.

The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: National and international observers considered the 2018 parliamentary elections free and fair.

Participation of Women and Members of Minority Groups: No laws limit participation of women or members of minority groups in the political process, and they did participate.

The law provides criminal penalties for corruption by officials, and the government sometimes implemented the law effectively. Officials sometimes engaged in corrupt practices with impunity. There were numerous reports of government corruption during the year.

Corruption: On May 21, police arrested Antonino Candela, Sicily’s COVID-19 emergency coordinator and former director of the Palermo provincial health authority. He was arrested along with nine others for alleged corruption and rigging of health sector tenders for medical equipment worth 600 million euros ($720 million) in exchange for promised bribes amounting to approximately 1.8 million euros ($2.2 million).

Financial Disclosure: The law requires members of parliament to disclose their assets and incomes. The two parliamentary chambers publish a bulletin containing parliamentarians’ information (if agreed to by each member of parliament) on their public websites. The law stipulates that the president of each chamber may order noncompliant members to submit their statements within 15 days of their request but provides for no other penalties. Ministers must disclose their information online.

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were generally cooperative and responsive to their views.

Government Human Rights Bodies: The National Office to Combat Racial Discrimination under the Department of Equal Opportunity in the Prime Minister’s Office assisted victims of discrimination. The Interministerial Committee for Human Rights of the Ministry of Foreign Affairs and the Senate’s Human Rights Committee focused on international and high profile domestic cases.

Women

Rape and Domestic Violence: The law penalizes perpetrators of rape, including spousal rape, with six to 12 years in prison. The law criminalizes the physical abuse of women (including by family members), provides for the prosecution of perpetrators of violence against women, and helps shield abused women from publicity. Judicial protective measures for violence occurring within a family allow for an ex parte application to a civil court judge in urgent cases. A specific law on stalking includes mandatory detention for acts of sexual violence, including by partners. Police officers and judicial authorities prosecuted perpetrators of violence against women, but survivors frequently declined to press charges due to fear, shame, or ignorance of the law.

The COVID-19 pandemic may have both caused and masked an increase in violence against women. The pandemic at times forced women into closer proximity with their abusers, leading to greater abuse, and restrictions on movement and decreased funding for civil society organizations and agencies lowered the level of social services and hampered the reporting of cases and the delivery of assistance to victims. In one example, on April 19, a man shot and killed his partner near Milan. The two worked in different parts of northern Italy and only visited each other on weekends before the outbreak but were compelled by financial constraints to reside together during the government-mandated lockdown. The man had a history of domestic violence, with two complaints filed by his former spouse.

Between January and June, 535 women were killed by domestic partners. In April police arrested a Bangladeshi man who repeatedly raped and physically and mentally abused his wife because she refused to stop attending Italian language classes. Their minor daughter also suffered abuse and corroborated the mother’s charges.

The Department of Equal Opportunity operated a hotline for victims of violence seeking immediate assistance and temporary shelter. It also operated a hotline for stalking victims. Between March 1 and April 16, the hotline received 5,031 calls, a 73-percent increase from the same period in 2019. In an estimated 93 percent of those cases, the mistreatment occurred at home where, in 64 percent of the cases, children were present.

Sexual Harassment: Minor cases of verbal sexual harassment in public are punishable by up to six months’ incarceration and a fine. By law gender-based emotional abuse is a crime. The government effectively enforced the law. Police investigated reports of harassment.

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

No legal, social, or cultural barriers adversely affected access to contraception or to skilled health attendance during pregnancy and childbirth. Independent observers and NGOs, however, reported access to counseling and insufficient government resources limited some reproductive health services.

The government provided access to sexual and reproductive health services for survivors of sexual violence. NGOs reported that in some cases authorities expelled undocumented foreign women who were victims of sexual violence, and that some public officers were not sufficiently trained to identify victims and refer them to services.

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

Discrimination: Women have the same legal status and rights as men, and the government enforced laws prohibiting discrimination in all sectors of society and economy. Women nonetheless experienced widespread discrimination, particularly with respect to employment (also see section 7.d. regarding pay disparities between genders).

Children

Birth Registration: A child acquires citizenship automatically when one of the parents is a citizen, when the parents of children born in the country are unknown or stateless, when parents are nationals of countries that do not provide citizenship to their children born abroad, when a child is abandoned in the country, and when the child is adopted. Local authorities require registration immediately after birth.

Child Abuse: Sexual abuse of minors is punishable by six to 24 years in prison, depending on the age of the child. Child abuse within the family is punishable by up to seven years in prison. On June 23, a court in Sardinia sentenced three adults to eight years in prison for mistreatment and violence towards a child. The child had been forced to live segregated in a dark room without a bed and was repeatedly slapped and forced to take cold showers as punishment. In 2019 there were 15,044 reports of missing minors, of whom 7,109 were foreigners. During the COVID-19 pandemic, the NGO Telefono Azzurro registered an increase in the number of calls from abused minors. The government implemented prevention programs in schools, promptly investigated complaints, and punished perpetrators.

Child, Early, and Forced Marriage: The minimum age for marriage is 18, but juvenile courts may authorize marriages for individuals as young as 16. Forced marriage is punishable by up to five years in prison, or six years if it involves a minor younger than 18. Forced marriage even for religious reasons is also penalized. In June the Italian embassy in Islamabad intervened to prevent the forced marriage of a 16-year-old girl with Italian citizenship to her underage cousin in Pakistan.

Sexual Exploitation of Children: Authorities enforced laws prohibiting sexual exploitation, the sale of children, offering or procuring a child for prostitution, and practices related to child pornography. Independent observers and the government estimated at least 5,000 foreign minors were victims of sexual exploitation. According to the Department of Equal Opportunity, the number of minor victims of trafficking who received assistance decreased from 215 in 2018 to 160 in 2019.

On July 20, the daily La Stampa reported the break-up of a “psycho-sect,” a child abuse ring led by a 77-year-old man that preyed on children for 30 years in Novara, Milan, and Pavia. The press reported 26 persons were under investigation.

There were reports of child pornography. In July, Florence prosecutors investigated the possession and distribution of images by Italian nationals that showed physical and sexual abuses against children in foreign countries. Police investigated six adults and 19 minors throughout 13 provinces in Italy. In 2019 Postal Police reported 650 persons allegedly involved in child sexual abuse or sexual exploitation.

Save the Children Italy reported the COVID-19 pandemic exacerbated sexual exploitation and other abuses of children, because they were often forcibly abused in overcrowded apartments without health precautions and received reduced token “payment” from their abusers.

The minimum age for consensual sex is 14, or 13 if the partner is younger than 18 and the age gap is less than three years.

Displaced Children: The Ministry of the Interior reported 1,981 unaccompanied minors arrived in the country between January and August 17. As of July 31, the Ministry of Labor and Social Policies reported the presence in the country of 5,202 unaccompanied minors, of whom 95 percent were boys. It also reported 959 minors previously registered at reception centers were reported missing between January and July, putting them at risk of labor and sexual exploitation. UNICEF estimated more than 6,300 foreign unaccompanied minors were in the country at the end of 2019.

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 were approximately 28,000 Jews in the country. The law criminalizes the public display of the fascist stiff-armed Roman salute and the sale or display of fascist or Nazi memorabilia. Violations can result in six months’ to two years’ imprisonment, with an additional eight months if fascist or Nazi memorabilia are sold online.

Anti-Semitic societal prejudices persisted. Some extremist fringe groups were responsible for anti-Semitic remarks and actions, including vandalism and publication of anti-Semitic material on the internet. The Observatory on Anti-Semitism of the Foundation Jewish Contemporary Documentation Center reported 143 anti-Semitic incidents between January and August 18, including the physical assault on a boy wearing a kippah who was punched from behind and spit on.

Internet hate speech and bullying were the most common forms of anti-Semitic attacks, according to the center. On August 18, the center reported 74 cases of insults on the internet and 13 cases of graffiti or vandalism against Jewish residents. Most episodes occurred during Jewish holidays or celebrations. Anti-Semitic slogans and graffiti appeared in some cities, including Milan, Bologna, and Turin. On January 24, Siena University suspended from teaching a law professor who tweeted anti-Semitic and pro-Nazi comments.

More than 2,000 police officers guarded synagogues and other Jewish community sites in the country. In January the government appointed a national coordinator to combat anti-Semitism.

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. The government enforced these provisions, but there were incidents of societal and employment discrimination. Although the law mandates access to government buildings and public transportation for persons with disabilities, physical barriers continued to pose challenges. On April 29, a Rome court found the local transportation company guilty of not repairing the escalators of a subway station in May 2019 and thereby denying a man with disabilities access to trains. On June 8, a Milan resident urged the Lombardy regional minister to reopen escalators and lifts in public stations closed to prevent the spread of COVID-19, so that she and other persons with disabilities could access public services.

On July 8, police arrested a physiotherapist who raped and mistreated a minor with disabilities in Cosenza in 2019.

Members of National/Racial/Ethnic Minority Groups

Governmental and societal violence and discrimination against ethnic minorities, including Roma, Sinti, and the nomadic Caminanti, remained a problem. There were reports of discrimination based on race or ethnicity in employment (see section 7.d.).

The press and NGOs reported cases of incitement to hatred, violent attacks, forced evictions from unauthorized camps, and mistreatment by municipal authorities. In 2019 authorities reported 726 crimes of racial hatred, of which 234 were incitement to violence, 147 violations of tombs, and 93 acts of physical violence.

On July 1, local authorities announced their intention to close a Romani camp in the outskirts of Rome. By September 18, only 36 families were still waiting in the camp for alternative housing. The government suspended the closure of all camps. Such camps often had no access to drinking water, power, or sewage. Living in a segregated camp usually meant living in an overcrowded housing (seven or eight persons per trailer, shack, or shipping container) on the periphery of a town or city. Local residents and NGOs claimed that local authorities had not offered adequate and permanent housing for most of the vulnerable families.

The NGO Associazione 21 Luglio reported that in 2019, 12,700 Roma lived in 119 authorized camps in 68 municipalities, and another 7,300, mainly Romanians, lived in informal encampments, primarily in Lazio and Campania. An estimated 55 percent of persons living in authorized camps were minors; 53 percent were foreign. Their average life expectancy was 10 years lower than the rest of the population. The European Roma Rights Commission (ERRC) reported that, in most cases, no masks, hand sanitizer, or hygienic supplies were distributed to Romani camps, even those lacking access to water. The absence of supplies made it difficult, if not impossible, for Roma living there to follow recommended guidelines for preventing COVID-19. The crowded living quarters in some camps led some municipalities to quarantine entire camps rather than single, at-risk individuals.

The ERRC stated that between February and July, it recorded at least seven such evictions.

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

The law prohibits discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons in housing, employment, nationality laws, and access to government services and the government enforced the law effectively. NGOs advocating for the rights of LGBTI persons reported instances of societal violence, discrimination, and hate speech.

The press reported isolated cases of violence against gay and lesbian couples. On July 2, a group of teenagers and young adults verbally and physically assaulted a gay couple in a train station in Vernazza. Police arrested one of the perpetrators. When LGBTI persons reported crimes, the government investigated but in some cases failed to identify the perpetrators.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to establish and join independent unions, bargain collectively, and conduct legal strikes. Antiunion discrimination is illegal, and employees fired for union activity have the right to request reinstatement, provided their employer has more than 15 workers in a unit or more than 60 workers in the country.

The law prohibits union organization of the armed forces. The law mandates that strikes affecting essential public services (such as transport, sanitation, and health services) require longer advance notification than in other sectors and prohibits multiple strikes within days of each other in those services. The law only allows unions that represent at least half of the transit workforce to call a transit strike.

The government effectively enforced these laws. Employers who violate the law are subject to fines, imprisonment, or both. The penalties were commensurate with those provided under other laws involving denials of civil rights, although administrative and judicial procedures were sometimes subject to lengthy delays. Judges effectively sanctioned the few cases of violations that occurred.

The government and employers generally respected freedom of association and the right to bargain collectively, although there were instances in which employers unilaterally annulled bargaining agreements. Employers continued to use short-term contracts and subcontracting to avoid hiring workers with bargaining rights.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, and the government effectively enforced the law. Penalties for violations were commensurate with those of other serious crimes. The actual sentences given by courts for forced and compulsory labor, however, were significantly lower than those provided by law.

The law provides stiff penalties for illicit intermediaries and businesses that exploit agricultural workers, particularly in the case of forced labor but also in cases of general exploitation. It identifies the conditions under which laborers may be considered exploited and includes special programs in support of seasonal agricultural workers. The law punishes so-called caporalato, the recruitment of foreign agricultural workers who are illegally employed at subminimum wages and required to work long hours without premium pay or access to labor or social protections. Penalties range from fines to the suspension of a company’s license to conduct commercial activities.

The government continued to focus on forced labor, especially in the agricultural sector. Government labor inspectors and labor organizations expressed concerns during the year that lockdown measures related to COVID-19 exposed caporalato migrant workers, many of whom were designated essential workers, to particular vulnerability, including employer blackmail. In May the government established a system to regularize undocumented foreign workers in the country. According to press reports, some employers exploited the regularization process by blackmailing workers who needed their employers’ signature to apply for the program. The program only applies to migrants working in the agricultural sector and as care providers. Approximately 123,000 migrant workers applied for legal status through the program. There were 600,000 undocumented migrants estimated to be in the country.

Forced labor occurred. According to NGO reporting, workers were subjected to debt bondage in construction, domestic service, hotels, restaurants, and agriculture, especially in the south. There continued to be anecdotal evidence that limited numbers of Chinese nationals were forced to work in textile factories and that criminal groups coerced persons with disabilities from Romania and Albania into begging. In the southeastern region of Sicily, 30,000 workers on approximately 5,500 farms worked through the pandemic for as little as 15 euros ($18) per day. There were also reports of children subjected to forced labor (see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits employment of children younger than age 16. There are specific restrictions on employment in hazardous or unhealthy occupations for minors, such as activities involving potential exposure to hazardous substances, mining, excavation, and working with power equipment. Government enforcement was generally effective, and penalties were sufficient to deter violations in the formal economy. Penalties were commensurate with those for other serious crimes. Enforcement was not effective in the relatively extensive informal economy, particularly in the south and in family-run agricultural businesses.

There were some reports of child labor during the year, primarily in migrant or Romani communities. In 2019 labor inspectors and Carabinieri officers identified 243 underage laborers, of whom 210 were working in the services sector. In March 2019 police arrested two parents whose underage son was working in a carwash in Acate in the province of Ragusa. He and his two sisters were not enrolled in school.

The law provides for the protection of unaccompanied foreign minors and creates a system of protection that manages minors from the time they arrive in the country until they reach the age 21 and can support themselves. According to Eurostat, 660 unaccompanied minors applied for asylum in 2019, compared with 3,885 in 2018. As of August 17, the Ministry of Interior registered 1,981 seaborne arrivals of unaccompanied minors, compared with 1,680 in 2019.

The Ministry of Labor and Social Policies recognized that unaccompanied minors were vulnerable to becoming child laborers in agriculture, bars, shops, and construction and worked to prevent exploitation by placing them in protected communities that provided education and other services. The law also created a roster of vetted and trained voluntary guardians at the juvenile court-level to help protect unaccompanied minors. According to a report by Save the Children, elements of the law have yet to be fully implemented across the country, although significant progress was made.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation. There were some media reports of employment discrimination based on race or ethnicity. Unions criticized the government for providing insufficient resources to the National Office against Racial Discrimination to intervene in discrimination cases, and for the lack of adequate legal measures to address new types of discrimination. Penalties were commensurate to other laws related to civil rights, but the number of inspections was insufficient to provide adequate implementation.

Discrimination based on gender, religion, disability, sexual orientation, and gender identity also occurred. The government implemented some information campaigns, promoting diversity and tolerance, including in the workplace.

In many cases victims of discrimination were unwilling to request the forms of protection provided by employment laws or collective contracts, according to labor unions. According to a 2018 Eurostat study, women’s gross hourly earnings were on average 5 percent lower than those of men performing the same job.

e. Acceptable Conditions of Work

The law does not provide for a minimum wage. Instead, collective bargaining contracts negotiated between unions and employers set minimum wage levels for different sectors of the economy.

Unless limited by a collective bargaining agreement, the law sets maximum overtime hours in industrial firms at no more than 80 hours per quarter and 250 hours annually. The law prohibits compulsory overtime and provides for paid annual holidays. It requires rest periods of one day per week and 11 hours per day. The law sets occupational safety and health standards and guidelines for compensation for on-the-job injuries. Responsibility for identifying unsafe situations remains with occupational safety and health experts.

The Ministry of Labor and Social Policies is responsible for enforcement and, with regular union input, effectively enforced standards in the formal sector of the economy. The penalties for wage, hour, and occupational safety and health violations were commensurate with those for similar crimes. Labor standards were partially enforced in the informal sector, especially in agriculture, construction, and services, which employed an estimated 16 percent of the country’s workers.

The number of inspectors, resources, inspections, and remediation were generally adequate to ensure compliance in the formal sector only. Labor inspectors were permitted to make unannounced inspections and initiate sanctions. Penalties were commensurate with those for similar violations but remained insufficient to deter violations.

In 2019 labor inspectors and Carabinieri officers inspected 128,367 companies (including agricultural companies), identifying 93,482 workers whose terms of employment were in violation of the labor law. In 2019 there were 1,156 workplace deaths due to industrial accidents as well as a total of 644,800 reported incidents that caused injuries to workers.

Informal workers were often exploited and underpaid, worked in unhygienic conditions, or were exposed to safety hazards. According to the Confederazione Generale Italiana del Lavoro (CGIL), a national trade union, such practices occurred in the service, construction, and agricultural sectors. Unions reported significant numbers of informal foreign workers living and working in substandard or unsafe conditions in some areas of Calabria, Puglia, Campania, and Sicily.

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

There were no reports that the government or its agents committed arbitrary or unlawful killings. In case of a killing by a member of the security forces, the Internal Security Bureau investigates whether the violence was justified.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices. The ombudsman received two reports of physical abuse by police officers during the year.

Prison and Detention Center Conditions

Some reports regarding prison or detention center conditions raised human rights concerns. Prisoners complained about insufficient ventilation, natural light, hygiene, cleaning supplies, and nutrition.

Physical Conditions: The Council of Europe’s Committee for the Prevention of Torture (CPT) noted in 2017 that specific detention facilities had deteriorating physical conditions and that interprisoner violence remained a problem at the Daugavgriva, Jelgava, and Riga Central Prisons. Health care in the prison system remained inadequate with a shortage of medical staff.

In 2017 the CPT noted that most of the prisoner accommodation areas in the unrenovated Griva Section of Daugavgriva Prison were in poor condition and severely affected by humidity due to the absence of a ventilation system.

Through September the ombudsman received 23 complaints from prisoners regarding living conditions and 31 complaints about the alleged unwillingness of doctors to prescribe the medicine or to provide the type of treatment that the convict desired. The CPT noted in 2017 that most patients in the Olaine Prison Hospital Psychiatric Unit and a great majority of prisoners sentenced to maximum security at the Daugavgriva and Jelgava Prisons were locked in their cells for up to 23 hours a day.

Administration: Prison authorities generally investigated credible allegations of mistreatment and documented the results of their investigations in a publicly accessible manner. Through August the Office of the Ombudsman of Latvia received 19 complaints of mistreatment, including two inflicted by the prison administration employees. These complaints were forwarded to the Internal Security Bureau for investigation.

Independent Monitoring: The government permitted monitoring by international human rights monitors, including the CPT and independent nongovernmental observers.

Improvements: The ombudsman reported some improvements in living conditions of prisoners but considered the improvements did not satisfy all of his recommendations.

Prisons provided treatment from the beginning stage for HIV patients who wanted it, a program to combat hepatitis C, and dentistry. Every prison provided dentistry in their premises, except Liepaja prison, where inmates were transferred to private dentistry in case of need.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed these requirements.

Arrest Procedures and Treatment of Detainees

In most cases officials require a warrant issued by an authorized judicial official to make an arrest. Exceptions are specifically defined by law and include persons caught by police in the act of committing a crime, suspects identified by eyewitnesses, or suspects who pose a flight risk. The law requires prosecutors to charge detainees and bring them before a judge within 48 hours. The 2017 CPT report found that police frequently detained suspects in detention facilities well beyond the statutory limit of 48 hours, pending their transfer to a remand facility. Through September the ombudsman received eight complaints concerning detention without timely charges.

Officials generally informed detainees promptly of charges against them. Some detainees complained that authorities failed to provide verbal information about their basic rights immediately upon arrest. Instead they received information sheets explaining their rights and duties. While a bail system exists, judges used it infrequently and did so most often in cases involving economic crimes.

Detainees have the right to an attorney who may be present during questioning. In 2017, however, the CPT noted receiving a number of accusations from detained persons (including juveniles) that they had been subjected to informal questioning without the presence of a lawyer, prior to the taking of a formal statement in the lawyer’s presence. Some detainees alleged they were physically mistreated or threatened with physical violence during such periods of initial questioning. The government generally provided attorneys for indigent defendants.

Pretrial Detention: Through September the ombudsman received six complaints concerning excessive pretrial detention.

e. Denial of Fair Public Trial

The constitution and law provide for an independent judiciary, and the government generally respected judicial independence and impartiality.

In individual instances complainants criticized the fairness of judges’ verdicts and alleged widespread judicial corruption, particularly in insolvency cases. The government’s complaints register collected information on complaints or breaches of ethical conduct sent to the judiciary.

Trial Procedures

The constitution and law provide for the right to a fair and public trial, and an independent judiciary generally enforced this right. Defendants are presumed innocent and have the right to be informed promptly of the charges against them. Defendants have the right to a fair and expeditious and, in most cases, open trial, although officials may close trials to protect government secrets or the interests of minors. Defendants have the right to be present at their trial as well as to consult with an attorney in a timely manner and, if indigent, at government expense. The law provides for the right to adequate time and facilities to prepare a defense. Defendants have the right to the free assistance of an interpreter if they cannot understand or speak Latvian, to confront prosecution or plaintiff witnesses, and to present witnesses and evidence in their defense. Defendants may not be compelled to testify or confess guilt and have the right to appeal.

Nongovernmental organizations (NGOs) and government officials expressed concern that defendants often exploited these legal protections to delay trials, including by repeatedly failing to appear for court hearings and forcing repeated postponements. Several high-profile public corruption trials have lasted more than a decade. NGOs remained concerned that this contributed to widespread public belief that high-level officials enjoyed impunity for corruption and stated the imbalance of defendant’s rights had the effect of impeding justice in some criminal cases. In July amendments to the criminal procedure code reduced some loopholes defendants had used to delay cases. Judicial reforms completed in July shortened wait times for administrative court hearings and civil cases. Through September the ombudsman received two complaints concerning lengthy proceedings.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

The law provides for an independent and impartial judiciary in civil matters. Individuals and organizations may bring a lawsuit through domestic courts seeking civil remedies for human rights violations. After exhausting the national court system, individuals may appeal cases involving alleged government violations of the European Convention on Human Rights to the European Court of Human Rights.

Property Restitution

The government has established limited programs for Jewish private and communal property restitution dating from the Holocaust era. Although the country’s Jewish community estimated that approximately 265 communal properties still required restitution, a 2012 parliamentary working group identified only 80 eligible communal properties. Subsequent attempts to restart a parliamentary working group to reconcile the proposed list of properties with those from the Jewish community and officials from the World Jewish Restitution Organization failed to secure sufficient support. Some government officials asserted that the return of five properties seized during World War II resolved the restitution issue. Properties identified by the Jewish community included cemeteries, synagogues, schools, hospitals, and community centers.

Coalition parties acknowledged the importance of the issue and included Jewish communal property restitution as one of five separately highlighted issues in its coalition agreement, despite opposition to restitution on the part of some coalition members.

The Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 29, 2020, can be found on the Department’s website: https://www.state.gov/reports/just-act-report-to-congress/.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution and the law prohibit such actions, and there were no reports that the government failed to respect these prohibitions.

a. Freedom of Expression, Including for the Press

The constitution and the law provide for freedom of expression, including for the press, and the government generally respected this right. An independent press and judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press. The government legally restricts racial and ethnic incitement, denial, or glorification of crimes against humanity, and certain war crimes.

Freedom of Speech: Although the law generally provides for freedom of speech, it criminalizes incitement to racial or ethnic hatred and the spreading of false information about the financial system. The law forbids glorifying or denying genocide, crimes against humanity, and war crimes against the country perpetrated by the Soviet Union or Nazi Germany. Violation of these provisions can lead to a five-year prison sentence, community service, or a fine. There are also restrictions on speech deemed a threat to national security. The law criminalizes nonviolent acts committed against the state or that challenge its “independence, sovereignty, territorial integrity, or authority.”

As of October the State Security Service initiated two criminal cases against individuals for inciting national, ethnic, or racial hatred.

Press and Media Freedom, Including Online Media: Independent media were active and expressed a wide variety of views with few restrictions. The law requires that 65 percent of all television broadcast time in national and regional electronic media be in Latvian or be dubbed or subtitled. Extensive Russian-language programming was also available in all national and local media. Restrictions on speech that incites racial hatred, spreads false information about the financial system, or glorifies or denies genocide, crimes against humanity, or crimes against the country by the Soviet Union or Nazi Germany also apply to print and broadcast media, the publication of books, and online newspapers and journals.

Electronic media are legally required to present news and current affairs programs with due accuracy and impartiality. All companies, including media and other publishers, are required to disclose their ownership, and this data is publicly available. Electronic mass media are required to disclose their ultimate beneficiaries and report any changes to the media regulator. NGOs stated that opaque ownership of many of the largest media outlets posed a threat to media independence and transparency.

The Latvian Journalists Association expressed concern about local newspapers’ independence and viability. Some municipalities provided funding to local newspapers in exchange for editorial control, or even published their own newspapers to drive independent competitors out of business.

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority. Internet speech was subject to the same restrictions as other forms of speech and the media.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, and the government generally respected these rights.

Freedom of Peaceful Assembly

The constitution and the law provide for freedom of peaceful assembly. The government generally respected this right, but there are some restrictions. Organizers of demonstrations typically must notify authorities 10 days in advance. Authorities can approve demonstrations within 24 hours if longer advance notice is “reasonably impossible.” Officials may deny or modify permits to prevent public disorder. Due to the COVID-19 pandemic, the government introduced several temporary assembly restrictions which changed in proportion to the assessed risks.

Freedom of Association

The constitution and the law provide for freedom of association, and the government generally respected this right. The law prohibits the registration of communist, Nazi, or other organizations that contravene the constitution or advocate the violent overthrow of the government.

c. Freedom of Religion

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

d. Freedom of Movement

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

COVID-19 travel restrictions were primarily limited to self-isolation requirements based on published EU infection data and adjusted for infection levels. The government supported repatriation travel of the country’s residents, with self-isolation requirements, and facilitated repatriation of foreign citizens as requested by other countries.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

The government cooperated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system to provide protection to refugees. During the year the government granted refugee status to three persons in 67 applications.

Safe Country of Origin/Transit: The country adheres to the EU’s Dublin III Regulation, which permits authorities to return asylum seekers to their country of first entry into the EU if they arrive from other EU member states, except in cases involving family reunification or other humanitarian considerations. The government made an exception to this policy to participate in the EU’s efforts to address high levels of migration into Europe.

Durable Solutions: The government funded integration projects through the Ministry of Culture and local NGOs. Some observers expressed concern that Latvian language education programs did not have sufficient training capacity. Refugee benefits fell well below the country’s poverty line.

Temporary Protection: The law allows for the granting of temporary protection for individuals not found to qualify for refugee status but who were nonetheless determined to be in need of international protection. In the first eight months of the year, the government provided no temporary protection status to any individual who did not qualify as a refugee.

g. Stateless Persons

The Office of the UN High Commissioner for Refugees (UNHCR) reported 216,851 stateless persons resident in the country at the end of 2019. This number included 216,682 persons the government considered “noncitizens.” The government recognized as stateless only those persons with no claim to foreign citizenship or noncitizen resident status. Persons categorized by authorities as stateless may pursue citizenship through naturalization after obtaining a permanent residence permit and lawfully residing in the country for five years.

UNHCR included most of the country’s noncitizen population in the stateless category, but as of 2018 also considered them persons to whom the 1954 Convention relating to the Status of Stateless Persons does not apply. The government preferred to designate this population as noncitizen residents, since they were eligible to naturalize under the law. Noncitizen residents, mostly persons of Slavic origin who moved to the country during the Soviet occupation and their descendants, did not automatically become citizens when the country regained independence in 1991. They have permanent residency status, equal protection in the country and consular protection abroad, the right to leave and return to the country, and the right to all government social benefits. They also have employment rights, except in some government and private-sector positions related to the legal system, law enforcement, and national security. Noncitizens may not vote in local or national elections and may not organize a political party without the participation of at least an equal number of citizens.

Noncitizen residents may seek naturalization in the country. From January to September, authorities received 410 new naturalization applications; 535 prior applicants received their citizenship by September, and 42 failed to pass the language exam but can reapply. In public surveys of noncitizen residents, the majority of respondents who did not seek naturalization reported that, in addition to language barriers, their reasons for not doing so included political objections to the requirement, lack of accessible Latvian language training or anticipated exemption from the language requirement upon reaching the age of 65, and their understanding that Latvian citizenship was not necessary for them to travel to Russia and EU-member states.

A subset of these noncitizen permanent residents hold citizenship in a different country, such as Russia, although the exact number and percentage were unknown, and dual citizenship for noncitizen permanent residents above the age of 25 is not legal. This subgroup while living in Latvia may not only travel in the Schengen area like other noncitizen permanent residents but may also travel visa-free to and from Russia.

Noncitizen resident children born in the country after January 1, 2020, are considered Latvian citizens.

The constitution and law provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: International observers from the Organization for Security and Cooperation in Europe’s Office for Democratic Institutions and Human Rights assessed the parliamentary elections in 2018 as free and fair.

Political Parties and Political Participation: Citizens may organize political parties without restriction. The law prohibits the country’s noncitizen residents from organizing political parties without the participation of at least an equal number of citizens. The election law prohibits persons from holding public office who remained active in the Communist Party or other pro-Soviet organizations after 1991 or who worked for such institutions as the Soviet KGB.

Participation of Women and Members of Minority Groups: No laws limit the participation of women and citizen members of minority groups in the political process, and they did participate. Women accounted for 32 percent of national parliament candidates and occupied 23 percent of ministerial positions, 30 percent of elected seats in the national parliament, and 34 percent of elected seats in the local councils. Approximately 27 percent of the ethnic minority population were noncitizen residents who could not participate in elections and had no representation in government.

The law provides criminal penalties for corruption by officials, but the government did not consistently implement the law effectively. Officials sometimes engaged in corrupt practices, and polling data consistently showed that the majority of the public believed that corruption was widespread that officials were rarely held accountable, that investigation and prosecution of corruption cases were slow, and that convictions were rare.

Corruption: Corruption was a problem. Investigation of corruption cases continued to improve, but prosecutions were slow, and conviction rates low. NGOs stated concerns with the quality of investigations, lack of appropriate judicial training, quality of law education, lengthy written procedures, and sluggish use of plea bargaining as the main problems in judicial sector.

In August the Corruption Prevention and Combating Bureau (KNAB) initiated criminal proceedings against a Latvian-registered legal entity for bribing a foreign official. Although KNAB did not identify the company, media reported that the legal entity involved in the case was the Latvijas Tilti construction firm. KNAB indicated that in 2016 a representative of the legal entity paid more than 10,000 euros ($12,000) in bribes to a Lithuanian official in order to secure a decision in the company’s favor.

Financial Disclosure: The law requires public officials to file income and asset disclosures annually. Declarations are made public, and there are sanctions for noncompliance. While authorities investigated some irregularities, NGOs stated that the State Revenue Service had limited capacity and thus could not effectively oversee these disclosures.

Domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials often cooperated with NGOs and responded to their views and inquiries.

Government Human Rights Bodies: The Office of the Ombudsman is responsible for monitoring the government’s performance on human rights. The ombudsman received some cooperation from the agencies it monitored and operated without direct government or political interference. The office encountered difficulties resolving problems that required state budget funding or changes in the law, but effectively addressed complex social-economic issues in the Constitutional Court. In a March 2019 report, the Council of Europe’s European Commission against Racism and Intolerance (ECRI) observed that the ombudsman’s mandate does not include providing independent assistance to victims of racism and racial discrimination. The ombudsman cannot enforce its recommendations or levy fines, although it may apply to the Constitutional Court to initiate proceedings against a public institution that has failed to address a source of discrimination. The ombudsman can also file a complaint in an administrative court if it is in the public interest or bring a case to the civil courts if the problem concerns a violation of equal treatment, ECRI stated. As required by law, the Office of the Ombudsman published an annual report describing its activities and making recommendations to the government.

A standing parliamentary committee on human rights and public affairs met weekly when parliament was in session. It considered initiatives related to human rights.

Women

Rape and Domestic Violence: The law specifically criminalizes rape regardless of gender. Spousal rape is explicitly considered rape with “aggravated circumstances.” Criminal penalties for rape range from four years to life imprisonment. When police receive a report of rape, they are required to open an investigation. Through September police initiated 56 criminal charges for rape against 28 individuals, of which two cases were sent to the prosecutor’s office. Because the Ministry of Justice does not distinguish between spousal rape and nonspousal rape cases, there were no reports available on whether any spousal rape case was prosecuted.

The law provides a broad definition of violence that includes physical, sexual, psychological, and economic violence. Domestic violence is considered an aggravating factor in certain criminal offenses. There are penalties for causing even “minor” bodily harm when the victim and perpetrator are spouses, former spouses, or civil partners.

The law allows police to investigate domestic violence without a victim’s prior approval and criminalizes stalking. The law allows survivors of domestic violence to request police officers issue an order for eviction of the perpetrator for eight days. Upon such a request, police must react immediately, on the spot, if necessary. Only courts can issue restraining orders and must respond to such requests within one business day. Once a restraining order is issued, it remains in force until a court revokes it.

Domestic violence remained a serious problem. NGOs and State Police noted a 30 percent increase in domestic violence calls and reports during COVID-19 restrictions. NGOs stated reported violence became more severe during the initial COVID-19 lockdown. Through August police initiated 193 criminal proceedings for domestic violence and detained 50 persons. In the same period, police issued 320 restraining orders, a number far below 2019 figures. NGOs stated that in some domestic violence cases, police and doctors were reluctant to act to restrain or arrest domestic partners. NGOs also stated police and doctors sometimes minimized the seriousness of the accusations when responding to reports of abuse. Domestic abuse complaints to police resulted in a slight rise in the rate of citations, although NGOs still viewed this as insufficient.

Following the success of a pilot project in the city of Liepaja that resulted in a strong increase in separation order issuances, amendments to Cabinet of Ministers regulations now require police throughout the country to use standardized protocols to report and investigate domestic and gender-based violence. Responding police officers are required to complete and send electronically an evaluation checklist to the social service of the relevant local government within one working day.

No anonymous government-run shelters designated specifically for battered and abused women existed. The government provided state funding to shelters. There was one government-funded survivor support hotline and several NGO-managed crisis hotlines; neither was dedicated exclusively to rape or assault. The government hotline referred survivors to an appropriate NGO for further support.

Sexual Harassment: Sexual harassment was prosecuted under discrimination statutes. Penalties range from a reprimand to imprisonment. Victims have the right to submit complaints to the Office of the Ombudsman and the State Labor Inspectorate. During the year there were no complaints of sexual harassment.

Reproductive Rights: The government recognizes the right of most couples and individuals to decide the number, spacing, and timing of their children; to manage their reproductive health; to have access to the full range of contraceptive choices; and to have access to the information and means to do so, free from discrimination, coercion, or violence. Transgendered persons are the exception and are required to be sterilized before their gender identity is legally recognized. The country’s cultural norms and concerns about potential violations of “virtue” laws limited consistent education in schools on sexual and reproductive health. Under the law schools are obliged to provide students with a “moral education” that reinforces traditional (heterosexual) values regarding marriage and family life. As a result, many teachers avoided educating adolescents about reproductive health and contraception.

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 law provides for equal treatment of women. The government enforced its antidiscrimination laws effectively. There were instances of hiring and pay discrimination against women, particularly in the private sector (see section 7.d.).

Children

Birth Registration: Citizenship derives from one’s parents. Only one parent must be a citizen to transmit nationality to a child. Since January 1, the law bestows automatic birthright citizenship to children of noncitizen residents, replacing a system that required permission from at least one of the parents for such a child to acquire citizenship. Children with noncitizen resident status are eligible for citizenship via naturalization.

Child Abuse: Violence against children was a problem. The law provides for protection of children against violence, exploitation, sexual abuse, involvement in prostitution, and serious threats to the life, health, or development, such as hazardous conditions. Violation of the law is punishable by imprisonment, community service, or a fine and supervised probation for a period of up to three years. The law empowers custody courts to remove vulnerable and abused children from violent homes if parents or guardians cannot do so or are themselves perpetrators of the violence. Police effectively enforced laws against child abuse.

The ombudsman received six complaints of violence against children in educational institutions and two complaints of violence against children in families. NGOs also reported a continuing overall problem with discipline and bullying in schools, citing an administrative culture of conflict avoidance as an aggravating factor. Police started an inquiry to verify reports by the State Inspectorate for Children’s Rights of abuse claims at the Mountain Blessings Community, a religious group in Brukna focusing on addiction rehabilitation.

Child, Early, and Forced Marriage: The legal minimum age for marriage is 18. Persons younger than 18 may legally marry only with parental permission and if one party is at least 16 and the other is at least 18.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children, the sale of children, offering or procuring a child for prostitution, and practices related to child pornography. Authorities generally enforced the law. Through September police initiated 92 criminal proceedings for the sexual exploitation of minors younger than 16, a 12 percent drop from 2018. The purchase, display, reproduction, or distribution of child pornography is punishable by up to three years in prison. Involving a minor in the production of pornography is punishable by up to 12 years in prison, depending on the age of the child. The minimum age for consensual sex is 16.

Institutionalized Children: In the first eight months of the year, the State Inspectorate for Children’s Rights reported three cases of peer-on-peer physical, sexual, or emotional abuse in orphanages run by municipalities and boarding schools for children with special needs. The inspectorate and NGOs stated the number of incidents was likely higher but could not be confirmed because of difficulties in accountability, infrequent visits by social workers, and limited opportunities for observation.

Due to its complexity and sensitivity, the criminal investigation of serious abuses at the Ainazi children’s psychiatric clinic, initiated in 2018, remained under review by authorities. Among other abuses children at the clinic were found to have been bound to beds for prolonged periods of time.

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

Government sources estimated that between 4,400 and 8,100 Jewish residents live in the country. There were no reports of anti-Semitic attacks against individuals, although there were public references to stereotypes on the internet by some fringe groups. The leadership of the Jewish community stated that relations with the government were generally positive. The government provided financial support to Jewish history, religious, and cultural institutions.

Because of COVID-19 restrictions, most of the annual commemoration of Latvian Legionnaires who fought in German Waffen SS units against the Soviet army in World War II was canceled. Organizers converted the annual memorial march into an all-day wreath-laying event. As in recent years, turnout continued to decline, and the event received less attention, but at least one parliamentarian from the right-wing National Alliance party attended. Organizers aired a short film on television portraying the Legionnaires’ actions as defending Latvia and making no mention of Nazis.

On July 4, President Egils Levits, Jewish community representatives, government officials, and foreign diplomats attended the Holocaust commemoration ceremony in Riga. The ceremony included a limited number of invitees and was closed to the public due to COVID-19 pandemic restrictions.

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

The constitution and law prohibit discrimination against persons with disabilities, and the government generally enforced these provisions.

Although the law mandates access to public buildings for persons with disabilities, there was no corresponding provision for private buildings. NGOs stated that building accessibility continued to be low. Accessibility to state and local government buildings generally extended only to the first floor. NGOs cited low understanding of accessibility requirements among architects and a weak enforcement mechanism, as well as legal constraints that increase the price to modify building designs for accessibility.

In Riga schools were generally able to accommodate the needs of children with disabilities. Few schools outside of Riga could do so.

While health and labor services are provided as stipulated by law, NGOs stated that most persons with disabilities had limited access to work and health care due to a lack of personal assistants, the absence of specialized job education and training programs, and reduced government support for businesses employing disabled persons.

Members of National/Racial/Ethnic Minority Groups

NGOs representing minority groups stated that discrimination and harassment of national minorities, including what they considered hate speech, remained underreported to authorities. Through September the ombudsman did not receive any written complaints of racial discrimination, although he did receive six complaints of ethnic discrimination. ECRI in 2019 heard from NGOs, minority representatives, and the ombudsman that victims of hate speech often did not report incidents to police because they distrusted the willingness and ability of police to investigate these cases effectively.

Through August the State Security Service initiated three criminal cases for incitement of social hatred and enmity.

The Romani community continued to face widespread societal discrimination, high levels of unemployment, and illiteracy. The government continued integration and awareness programs in support of the Roma, though some community members expressed concern that the support was inconsistent. The Central Statistical Bureau reported that 4,891 Roma lived in the country.

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

The law prohibits discrimination based on sexual orientation or gender identity. NGOs expressed concern about the lack of explicit protection in the law against incitement to hatred and violence on grounds of sexual orientation and gender identity. NGOs stated that cases tended to be underreported, and that they observed a rise in online comments against the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community during the COVID-19 lockdown period. ECRI also noted in 2019 that the government does not collect data regarding sexual orientation and gender identity, and thus is not in a position to evaluate the need for specialized services or the magnitude of the problem. Through August the ombudsman received one complaint regarding discrimination based on sexual orientation.

NGOs reported widespread stigmatization of, intolerance of, and discrimination against LGBTI persons.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions, bargain collectively, and conduct legal strikes. Unions may not have fewer than 15 members or less than 25 percent of the total number of employees in the company (which cannot be fewer than five). The law prohibits antiunion discrimination and employer interference in union functions, and it provides reinstatement for unlawful dismissal, including dismissal for union activity.

There were several limitations on these rights. Uniformed members of the military and members of the State Security Services may not form or join unions. According to the International Trade Union Confederation, collective bargaining in the public administration is a formal procedure with no real substance, since all employment conditions are fixed by law.

While the law provides for the right to strike, it requires a strike vote by a simple majority at a meeting attended by more than half of the union’s members. It prohibits strikes in sectors related to public safety and by personnel classified as essential, including judges, prosecutors, police, firefighters, border guards, employees of state security institutions, prison guards, and military personnel. The law prohibits “solidarity” strikes by workers who are not directly involved in a specific labor agreement between strikers and their employers, a restriction criticized by local labor groups. It also bans political strikes. The law provides arbitration mechanisms for essential personnel not permitted to strike.

The government generally enforced applicable labor laws. EU labor regulations also apply. Resources, inspections, and remediation were adequate under the law. Penalties for violations were commensurate with those for other civil rights laws, ranging from a few hundred to several thousand euros, but were insufficient to deter violations. Administrative and judicial procedures were subject to lengthy delays and appeals. Labor rights organizations expressed concern about employer discrimination against union members.

Freedom of association and the right to collective bargaining were generally respected. The law on trade unions requires trade unions to be independent under the law. Anticorruption officials and press reports stated, however, that external funding and support appeared to make some union individuals or groups lack independence.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The government effectively enforced the law, although staffing problems hindered more effective enforcement. Penalties range from fines to imprisonment, were commensurate with those for other analogous serious crimes, and were generally sufficient to deter violations. The Ministry of Welfare’s State Labor Inspectorate, the agency responsible for enforcing labor laws, conducted regular inspections of workplaces, and reported no incidents of forced labor through September. Two cases of complaints about workers’ rights were forwarded to the State Police to evaluate whether forced labor took place. The inspectorate reported a high employee turnover, with approximately 14 percent of positions unfilled, a situation made worse by perennial wage issues.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The government effectively enforced child labor and minimum age laws. Penalties were commensurate with those for other analogous serious crimes and sufficient to deter violations. The statutory minimum age for employment is 15. Children who are 13 or older may work in certain jobs outside of school hours with written permission from a parent. The law prohibits children younger than 18 from performing nighttime or overtime work. By law children may not work in jobs that pose a risk to their physical safety, health, or development. There were no reports of labor abuses involving children. Through September the State Labor Inspectorate did not report cases of unregistered employment of youth.

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations prohibit discrimination. Penalties were commensurate to laws related to civil rights. Despite the existence of a sizeable Russian-speaking minority, the government requires the use of Latvian as the officially recognized language where employment activities “affect the lawful interests of the public.” Citing the continuing political and economic threat posed by Russia to Latvia, the government restricted some sensitive civil service positions for candidates who previously worked for the former Soviet intelligence apparatus.

According to the World Bank Group’s Women, Business and the Law 2020, women in the country have equal legal standing with men. There were instances of hiring and pay discrimination against women, particularly in the private sector, but they were underreported to the ombudsman. Through August the ombudsman did not open any cases of discrimination against women.

Employment discrimination also occurred with respect to sexual orientation, gender identity, and ethnicity. Persons with disabilities experienced limited access to work, although were free to work in all labor markets and were able to receive government employment support services, including those specifically designed for persons with disabilities. In 2019, 27.2 percent of all persons with disabilities were employed, a slight increase from 2018. The Romani community faced discrimination and high levels of unemployment.

e. Acceptable Conditions of Work

The law sets a monthly minimum wage which was above the official poverty line. The government enforced its wage laws effectively.

The law provides for a maximum workweek of 40 hours. The maximum permitted overtime work may not exceed eight hours on average within a seven-day period, which is calculated over a four-month reference period. The law requires a minimum of 100 percent premium pay in compensation for overtime, unless the parties agree to other forms of compensation in a contract; however, this was rarely enforced. Penalties were commensurate with those for other analogous crimes and sufficient to deter violations.

The law establishes minimum occupational health and safety standards for the workplace, which are current and appropriate for the main industries. While the law allows workers to remove themselves from situations that endanger health or safety without jeopardizing their employment, these regulations were not always followed. Workers are able to complain to the State Labor Inspectorate when they believe their rights are violated. Penalties were commensurate with those for other analogous crimes and sufficient to deter violations.

The State Labor Inspectorate is responsible for enforcing minimum wage regulations, restrictions on hours of work, and occupational health and safety standards. These standards were not always enforced in the informal economy. Penalties for violations are fines that vary widely depending on the severity and frequency of the violation, but they were generally sufficient to deter violations. The inspectorate had adequate resources to inspect and remediate labor standards problems, effectively enforce labor laws, and occupational safety and health standards. The inspectorate has the authority to make unannounced inspections and initiate sanctions.

Through September the State Labor Inspectorate reported 22 workplace fatalities, eight of which will likely be categorized as due to natural causes. The inspectorate also reported 114 serious workplace injuries. The State Labor Inspectorate commented that 54 injuries and four deaths occurred as a result of industrial accidents. Workplace injuries and fatalities were primarily in the construction, wood-processing, and lumber industries.

Real wage estimates were difficult to calculate in the sizeable informal economy, which according to some estimates accounted for 24 percent of gross domestic product. Workers in low-skilled manufacturing and retail jobs as well as some public-sector employees, such as firefighters and police, were reportedly most vulnerable to poor working conditions, including long work hours, lack of overtime pay, and arbitrary remuneration.

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

There were no reports that the government or its agents committed arbitrary or unlawful killings. Police and prosecutors are responsible for investigating any incidents involving arbitrary deprivation of life or other unlawful or politically motivated killings.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices. In its report published in June 2019, the Council of Europe’s Committee for the Prevention of Torture (CPT) stated it had heard allegations of excessive force exerted by prison staff at the Alytus, Marijampole, and Pravieniskes Prisons in subduing interprisoner violence.

Impunity was not a significant problem in the security forces.

Prison and Detention Center Conditions

Some prison and detention center conditions remained poor due to inadequate sanitary conditions and medical care.

Physical Conditions: The 2019 CPT report noted substandard conditions at the Alytus, Marijampole, and Pravieniskes prisons. Inmates in all three prisons, but particularly Marijampole and Pravieniskes, complained about the quality and, especially, the quantity of food. The official minimum cell size for a single prisoner remained 33 square feet, and 37 square feet per person for a multiple-occupancy cell. The CPT recommended increasing the standard to 43 square feet and 65 square feet respectively. The CPT reported its impression that the overcrowded dormitories facilitated violence among prisoners.

The CPT received a number of allegations of deliberate physical mistreatment and excessive use of force by prison staff at the Alytus, Marijampole, and Pravieniskes prisons. The CPT assessed that medical evidence corroborated the reports of physical abuse. The CPT also noted that prison staff used excessive force including punches, kicks, and truncheon blows to de-escalate violence among prisoners. The CPT reported “truly extraordinary levels of interprisoner violence, intimidation, and exploitation” in these prisons. It also reported that inmates seeking protection from fellow prisoners had to spend months (usually six months) if not years in small and often dilapidated cells, and were subjected to severe limitations (no activities, no association, no long-term visits), that amounted to de facto solitary confinement. Many prisoners told the CPT they had sought placement in the punishment blocks because they feared being forced to become drug addicts and contracting HIV and hepatitis C.

In its response to the CPT in June 2019, the government noted that in all reconstructed and newly built penitentiary establishments, living spaces were constructed in such a way that each person being held in a single-occupancy cell has at least 75 square feet of living space and each person in a multiple-occupancy cell has at least 65 square feet. To avoid violence, persons were immediately isolated or transferred to another sector of the correctional establishment.

On January 1, amendments to the Law on Health Insurance extended the list of persons covered by Compulsory Health Insurance to include funds for persons held at detention institutions.

In September 2019 the Office of the Parliamentary Ombudsman reported that Muslim detainees at the Pabrade Foreigners’ Registration Center, a detention center for migrants and asylum seekers, complained about the lack of halal food options and poor sanitary conditions.

Administration: The law requires the Office of the Parliamentary Ombudsman to investigate detention centers and other institutions. The ombudsman’s office generally investigated credible prisoner, migrant, and asylum seeker complaints and attempted to resolve them, usually by making recommendations to the institutions concerned and monitoring their implementation. The ombudsman’s office reported that prison institutions were responsive to all of its interventions. In its report published in June 2019, the CPT found that the investigation of an incident of violence by authorities against prisoners in the Alytus Prison in 2017 “was not effective, especially in the early stages.”

Independent Monitoring: The government permitted monitoring by independent nongovernmental observers. The CPT visited the country in April 2018 and published its report in June 2019.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed these requirements.

Arrest Procedures and Treatment of Detainees

Except for persons arrested while committing a crime, warrants are generally required for arrests, and judges may issue them only upon the presentation of reliable evidence of criminal activity. Police may detain suspects for up to 48 hours before formally charging them. Detainees have the right to be informed of the charges against them at the time of their arrest or their first interrogation. The government generally observed these requirements.

Bail is available and was widely used.

The law provides for access to attorneys, and the government provides attorneys to indigent persons. A detained person has the right to meet with lawyers of his or her choice in private before his or her first interrogation. Some detainees who had government-appointed attorneys complained that they met their attorneys for the first time at the court hearing, even in instances when they had requested attorneys shortly after their arrest.

e. Denial of Fair Public Trial

The constitution provides for an independent judiciary, and the government generally respected judicial independence and impartiality.

Trial Procedures

The constitution and law provide for the right to a fair and public trial, and an independent judiciary generally enforced this right.

Defendants have the right to a presumption of innocence, to prompt and detailed information about the charges against them, to a fair and public trial without undue delay, and to be present at their trial. Defendants have the right to communicate with an attorney of their choice (or to have one provided at public expense), adequate time and facilities to prepare a defense, and free assistance of an interpreter from the moment they are charged through all appeals. They are entitled to confront witnesses against them, to present witnesses and evidence in their defense, and to be free of compulsion to testify or confess guilt. They enjoy the right of appeal.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

Plaintiffs may sue for legal relief or temporary protection measures from human rights violations. Persons alleging human rights abuses may also appeal to the parliamentary ombudsman for a determination of the merits of their claims. Although the ombudsman may only make recommendations to an offending institution, authorities generally implemented the ombudsman’s recommendations. Individuals alleging violations of the European Convention on Human Rights by the government may, after exhausting domestic legal remedies, appeal to the European Court of Human Rights.

Property Restitution

The government has laws and mechanisms in place to address the issue of communal property restitution, and nongovernmental organizations (NGOs) and advocacy groups reported that the government has made some progress on the resolution of Holocaust-era claims, including for foreign citizens. A philanthropic foundation created in 2011 to receive government compensation for Communist and Nazi seizures of Jewish community-owned property distributed funds to individuals and to Jewish educational, cultural, scientific, and religious projects. According to an agreement between the government and the Jewish community, the foundation was to disburse 36 million euros ($43 million) by 2023. In 2013 and 2014, the foundation distributed a one-time payment of 870,000 euros ($1.2 million in 2013-14 dollars) to individual survivors. The foundation’s board allocated the remaining funds to support Jewish educational, cultural, scientific, and religious projects. As in 2019 the foundation received 3.6 million euros ($4.3 million) for this purpose, which brought the total received as of January to 21.6 million euros ($25.9 million). Jewish and ethnic Polish communities continued to advocate for private property restitution because there has been no opportunity to submit individual claims since 2001, when the country’s existing restitution law stopped allowing citizens who resided in the country to apply for private property restitution. Despite changes to the citizenship law in 2011 that made it easier to reacquire the country’s citizenship, the government did not reopen the application period for these communities and others who had been excluded from filing claims based on citizenship. There is also no provision for restitution of or compensation for property rendered heirless by the Holocaust. For additional information regarding Holocaust-era property restitution and related issues, please see the Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 29, 2020, at https://www.state.gov/reports/just-act-report-to-congress/.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution prohibits such actions. There were reports, however, that the government failed to respect these prohibitions.

The law requires authorities to obtain a judge’s authorization before searching an individual’s premises. It prohibits indiscriminate monitoring, including of email, text messages, or other digital communications intended to remain private. Domestic human rights groups alleged that the government did not always properly enforce the law. As of September 14, the State Data Protection Inspectorate investigated 710 complaints of privacy violations, compared with 580 such allegations in the first nine months of 2019. Most complaints were individuals’ claims that the government had collected and disclosed their personal information, such as identity numbers, without a legal justification.

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Freedom of Speech: The constitutional definition of freedom of expression does not permit slander; disinformation; or incitement to violence, discrimination, or national, racial, religious, or social hatred. Inciting hatred against a group of persons is punishable by imprisonment for up to two years. Inciting violence against a group of persons is punishable by imprisonment for up to three years.

It is a crime to deny or “grossly to trivialize” Soviet or Nazi German crimes against the country or its citizens, or to deny genocide, crimes against humanity, or war crimes.

Freedom of Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views. They are subject to the same laws that prohibit hate speech and criminalize speech that grossly trivializes international and war crimes.

It is illegal to publish material that is “detrimental to minors’ bodies or thought processes” or that promotes the sexual abuse and harassment of minors, sexual relations among minors, or “sexual relations.” Human rights observers continued to criticize this law. Lesbian, gay, bisexual, transgender, and intersex (LGBTI) groups claimed it served as a rationale for limiting LGBTI awareness-raising efforts and that agencies overseeing publishing and broadcast media took prejudicial action against the coverage of stories with LGBTI themes.

Censorship or Content Restrictions: The Radio and Television Commission of Lithuania (LRTK) may impose a 72-hour suspension on television programs that posed a threat to public and national security. The LRTK may impose this suspension without a court order on television programs from countries both inside and outside the EU, the European Economic Area, and from European states that ratified the Council of Europe’s Convention on Transfrontier Television.

On July 8, the government banned five Russian RT television channels in the country. It argued it was implementing the EU’s sanctions against Dmitriy Kiselyov, RT’s general director.

Libel/Slander Laws: The law makes insulting or defaming the president of the country in mass media a crime punishable by a fine. Authorities did not invoke it during the year.

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events.

b. Freedoms of Peaceful Assembly and Association

The government generally respected the freedoms of peaceful assembly and association, with the exception of some organizations associated with the Soviet period.

Freedom of Association

Although the law provides for this freedom and the government generally respected it, the government continued to ban the Communist Party and other organizations associated with the Soviet period.

c. Freedom of Religion

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

d. Freedom of Movement

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

Not applicable.

f. Protection of Refugees

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees.

Safe Country of Origin/Transit: In compliance with the EU’s Dublin III Regulation, authorities barred asylum seekers arriving from safe countries of origin or transit and returned them to such countries without reviewing the substantive merits of their applications. The government’s participation in the EU’s efforts to address high levels of migration into Europe was an exception to this policy.

Employment: Refugee employment opportunities were primarily concentrated in construction, hospitality (restaurants), manufacturing, and housekeeping. Highly skilled positions required Lithuanian, English, or Russian language skills. The lack of language skills, job search assistance, education, and qualifications were major barriers to the employment of refugees.

Access to Basic Services: Refugees said that language barriers prevented them from accessing health and psychological consulting services.

Durable Solutions: As of July 31, a total of 89 asylum seekers and two displaced persons lived at the Refugee Integration Center. During this period 402 persons (231 asylum seekers) participated in integration programs in municipalities.

Temporary Protection: The government may grant “temporary protection” to groups of persons. Authorities may also grant “subsidiary protection” to individuals who may not qualify as refugees, and in 2019 the authorities extended temporary protection to 13 persons.

g. Stateless Persons

According to UNHCR as of 2019, there were 2,904 stateless persons in the country. The law permits persons born on the territory or legally residing there for 10 years and who are not citizens of any other country to apply for citizenship. Applicants must possess an unlimited residence permit, knowledge of the Lithuanian language and constitution, and the ability to support themselves.

The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: Presidential elections, including a runoff between the two candidates receiving the most votes, as well as European Parliamentary elections, took place in May 2019. National parliamentary elections took place on October 11 and October 25. Observers evaluated all these elections as generally free and fair.

Political Parties and Political Participation: The government continued to prohibit the Communist Party.

Participation of Women and Members of Minority Groups: No laws limit the participation of women or members of minority groups in the political process, and they did participate. In October’s parliamentary elections, women won 38 of the 141 seats, 27 percent of the seats. Women held 8 percent of ministerial positions.

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. Government officials sometimes engaged in corrupt practices with impunity, and corruption was a problem.

Corruption: On June 2, authorities arrested Valdas Sutkus, president of the Lithuanian Business Confederation; Mantas Zalatorius, president of the Association of Lithuanian Banks; and four other persons after obtaining information on their alleged large-scale active and passive bribery, trading in influence, squandering of property, and forgery of documents. In 2019 the Special Investigative Service started 47 pretrial investigations of corruption.

Financial Disclosure: The law requires appointed and elected officials to declare their assets and incomes annually. The declarations were available to the public. Administrative sanctions were imposed for noncompliance.

Domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were generally cooperative and responsive to their views.

Government Human Rights Bodies: The Office of the Parliamentary Ombudsman has three mandates: to investigate complaints about abuse of office or other violations of human rights involving public administration; to implement the national prevention of torture mechanism under the UN’s Optional Protocol to the Convention against Torture; and to serve as an accredited national human rights institution. In the last capacity, the parliamentary ombudsman is responsible for reporting on and monitoring human rights problems, cooperating with international and domestic human rights organizations, and promoting human rights awareness and education.

The equal opportunities ombudsman operates an independent public institution with responsibility for implementing and enforcing rights under the law.

A children’s rights ombudsman is responsible for overseeing observance of children’s rights and their legal interests. It may initiate investigations of possible violations of such rights, either upon receipt of a complaint or on its own initiative.

Parliament’s human rights committee prepares and reviews draft laws and other legal acts related to civil rights and presents recommendations to government institutions and other organizations about problems related to the protection of civil rights. It also receives reports from the Office of the Parliamentary Ombudsman.

Women

Rape and Domestic Violence: Rape and domestic violence are criminal offenses. Penalties for domestic violence depend on the level of injury to the victim, ranging from required public service to life imprisonment. In the first eight months of the year, authorities received 63 reports of rape, compared with 77 during the same period in 2019. Convicted rapists generally received prison sentences of three to five years. No law specifically criminalizes spousal rape, and no data on spousal rape was available.

The law permits rapid government action in domestic violence cases. For example, police and other law enforcement officials may, with court approval, require perpetrators to live separately from their victims, to avoid all contact with them, and to surrender any weapons they may possess. According to the Human Rights Monitoring Institute, eight out of 10 victims of domestic violence were women, and the law still does not follow a gender-sensitive approach.

Domestic violence remained a pervasive problem. In the first eight months of the year, police received 35,130 domestic violence calls and started 7,006 pretrial investigations, 17 of which were for killings. In 2018 approximately 80 percent of all domestic violence reports were against women.

There are a 24/7 national hotline and 29 crisis centers for victims of domestic violence. The Ministry of Justice also continued its Action Plan for Domestic Violence Prevention and Assistance to Victims for 2017-2020 and allocated 1.17 million euros ($1.4 million) for the year.

Sexual Harassment: The law prohibits sexual harassment.

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

Despite there being no barriers for access to contraception, there was a lack of publicly available information about contraception as a method of family planning, and teenage pregnancies were common. Other family-planning methods were more widespread.

The government provided access to sexual and reproductive health services for survivors of sexual violence. The country had no rape crisis center, but a network of specialized NGOs provided social, psychological, health, and legal assistance to survivors of domestic and sexual violence. A national women’s helpline also assisted survivors.

Coercion in Population Control: The law prohibits coerced abortion and involuntary sterilization. In July the Kaunas Regional Court awarded 31,000 euros ($37,200) to a woman with cerebral palsy after a hospital in Lazdijai sterilized her involuntarily shortly after she gave birth.

Discrimination: Men and women have the same legal status and rights. Women continued to experience unequal access to pension benefits and the gender wage gap remained significant, leaving women more exposed to poverty risk (see section 7.d.).

Children

Birth Registration: Citizenship can be acquired either by birth in the country or through one’s parents. The government registered all births promptly.

Child Abuse: The law bans all violence against children. Sexual abuse of children remained a problem despite prison sentences of up to 13 years for the crime. In the first eight months of the year, the Ministry of the Interior recorded 23 cases of child rape and 171 cases involving other forms of child sexual abuse. The government operated a children’s support center to provide medical and psychological care for children, including those who suffered from various types of violence. It also operated a national center in Vilnius to provide legal, psychological, and medical assistance to sexually abused children and their families.

According to the Ministry of Social Security and Labor Affairs, there were 5,469 reports of violence against children in 2019. In the first eight months of the year, the children’s rights ombudsman reported receiving 392 complaints.

During the first eight months of the year, Child Line (a hotline for children and youth) received 105,415 telephone calls from children, and was able to respond to 77,944 of those calls. Child Line also received and answered 385 letters from children, whose concerns ranged from relations with their parents and friends to family violence and sexual abuse.

Child, Early, and Forced Marriage: The minimum age for marriage is 18.

Sexual Exploitation of Children: Individuals involving a child in pornographic events or using a child in the production of pornographic material are subject to imprisonment for up to five years (see also section 2.a., Freedom of Expression, Including for the Press). Persons who offer to purchase, acquire, sell, transport, or hold a child in captivity are subject to imprisonment for three to 12 years. The Office of the Ombudsman for Children’s Rights reported receiving one complaint of alleged sexual exploitation of children during the first eight months of the year. According to the Ministry of the Interior, during the first eight months of the year, officials opened 32 criminal cases involving child pornography. The age of consent is 16.

Institutionalized Children: As of September 1, the children’s rights ombudsman received four complaints and started one investigation regarding violations of children’s rights in orphanages and large-family foster homes.

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 Jewish community consisted of approximately 4,000 persons. There were reports of anti-Semitism on the internet and in public.

On January 13, an unidentified man inside the parliament building approached the chairwoman of the Lithuanian Jewish Community, addressed her as “little Jew girl,” and said that there was no home for her in Lithuania. In response to a request by the chair, the prosecutor’s office opened an investigation into the incident. No charges were filed.

On February 16 and March 11, nationalist parties sought to rally supporters at marches commemorating the country’s independence. During the February event, approximately 1,000 persons marched through Vilnius chanting and carrying banners with images of Jonas Noreika, an anti-Soviet resistance fighter who collaborated with the Nazis and played a role in the atrocities in the country during the Holocaust. On March 11, a similar procession of approximately 200 persons took place.

On October 8, the government-funded Genocide and Resistance Research Center of Lithuania posted on its Facebook page a statement commemorating the 110th birthday of Noreika. It celebrated Noreika as having opposed the Soviet and Nazi occupations. It did not refer to Noreika’s collaboration with the Nazis or his participation in Nazi atrocities. Nor did it acknowledge his public writings, which included a pamphlet promoting anti-Semitic views.

On May 20, Member of Parliament Audrys Simas made a hand gesture during a committee meeting that resembled a Nazi salute. The incident prompted the Lithuanian Jewish Community to call for an investigation. The parliamentary ethics and procedures committee investigated the matter and concluded that Simas violated the state code of behavior for politicians. Simas apologized for his actions and claimed he had raised his hand in order to cast a vote and had not intended his hand gesture as a Nazi salute.

On June 26, the anniversary of a massacre of Lithuanian Jews during the Holocaust, a monument in central Vilnius of a Jewish historical figure, Dr. Zemach Shabad, was vandalized with white paint or acid. A bust of Elijahu ben Solomon Zalman, known as the Vilna Gaon, was vandalized with white paint or acid on June 26 and again on August 3. Police launched pretrial investigations. The foreign minister and the mayor of Vilnius condemned the acts.

Police had instructions to take pre-emptive measures against illegal activities, giving special attention to maintaining order on specific historical dates and certain religious or cultural holidays.

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 disabilities. There was no proactive enforcement of these requirements. The equal opportunities ombudsman investigated cases of alleged discrimination based on disability. In 2019 the National Audit Office reported that one-third of persons with disabilities were at risk of poverty, a rate 10.7 percent higher than the overall at-risk-of-poverty rate (20.6 percent). The audit found that only 13 percent of the persons identified as needing assistance received special services in municipalities. In 32 municipalities local governments did not ensure that at least 30 percent of public buildings providing social, educational, health, and cultural services were adapted to persons with disabilities. In 34 municipalities no means of public transport were available for persons with disabilities. In 2019 only 3.4 percent of municipal websites were adapted for persons with disabilities.

The law requires all schools that provide compulsory and universally accessible education to make available education to students with disabilities. The country has a tradition of separate schools for children with various disabilities. On June 30, parliament amended the Law on Education to eliminate discriminatory provisions regarding children with disabilities who need accommodation or educational supports. According to the new provisions, which were scheduled to be implemented gradually and fully enter into force on September 1, 2024, children with disabilities who need accommodation or educational supports will be able to attend a general education school in their place of residence, and schools will no longer be able to refuse to admit them and refer them to separate so-called “special schools.”

The law prohibits persons with disabilities who have been deprived of their legal capacity from voting or standing for election. The Central Electoral Commission reported that 67 percent of voting stations were accessible for persons with disabilities in 2019.

On September 9, representatives of the parliamentary ombudsman’s office reported that during an inspection they discovered a person being held behind bars in the Skemai social care home. Police started a pretrial investigation, and the director of the institution temporarily was removed from office. According to the Human Rights Monitoring Institute, the transfer of individuals with psychosocial or intellectual disabilities from state institutions to community-based homes was stalled.

The law prohibits discrimination against ethnic or national minorities, but intolerance and societal discrimination persisted. According to the 2011 census, approximately 14 percent of the population were members of minority ethnic groups, including Russians, Poles, Belarusians, Ukrainians, Tatars, Karaites, and Jews.

Representatives of the Polish minority, approximately 200,000 persons according to the 2011 census, continued to raise their concerns about restrictions on the use of Polish letters in official documents, particularly passports, and the lack of a law on protecting national minorities’ rights.

Roma, whose population the 2011 census reported as 2,115 persons (0.07 percent of the country’s total population), continued to experience discrimination.

According to a 2019 poll conducted by Baltijos Tyrimai, 63 percent of Lithuanians viewed Roma as undesirable neighbors, and 65 percent of Lithuanians would not rent an apartment to a Rom. Roma claimed employers were unwilling to hire them, citing as justification stereotypes of drug use often perpetuated by law enforcement officers.

The Ministry of Education, Science, and Sport reported that approximately 1,000 Romani children younger than age 20 lived in the country in 2017, and 431 Romani school-age children were enrolled in school. On August 28, the Vilnius municipality announced the closure of the Kirtimai settlement and approval of a new Romani integration program for 2020-23. According to the municipality, the new plan offers new solutions to strengthen the areas of education, health care and culture, with a particular focus on the reduction of social exclusion (especially of women) and exclusion in the labor market, as well as improving fulfillment of the right to housing.

According to the press, on March 16 in Kaunas, two men, one of whom was from Tajikistan, attacked and beat Tajik refugee Ilhomjon Yakubov, the former head of the opposition Islamic Renaissance Party of Tajikistan in his country’s Sughd Region. Yakubov suffered a concussion and an injured nose and rib. The press reported that police opened a criminal investigation into the beating, detaining one of the attackers and questioning the other. The investigation continued at year’s end.

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

The law prohibits discrimination based on sexual orientation, and sexual orientation can be an aggravating factor in crimes against LGBTI persons. Gender identity remains unrecognized in the law. Societal attitudes toward LGBTI persons remained largely negative, and LGBTI persons experienced stigma, discrimination, and violence. In 2019 the Baltijos Tyrimai poll noted that one-third of Lithuanians viewed LGBTI individuals as undesirable neighbors. Transgender persons were vulnerable and regularly experienced extreme violence and death threats, and legal barriers and discriminatory practices often inhibited them from receiving health care. Most LGBTI persons did not report sexual assault because they did not trust police.

HIV and AIDS Social Stigma

NGO experts noted that individuals with HIV/AIDS continued to be subject to discrimination, including in employment, and treated with fear and aversion. The government did not respond.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers, except the armed forces, to form and join independent unions, bargain collectively, and conduct legal strikes. The law prohibits employer discrimination against union organizers and members and requires reinstatement of workers fired for union activity. These provisions also apply to migrant workers.

There were some specific legal limits to these rights. The law bans sympathy strikes. It also prohibits law enforcement officials, first-aid medical workers, and other security-related personnel from collective bargaining and striking, although they may join unions. The law does not afford workers in essential services, whose right to strike is restricted or prohibited, alternative procedures for impartial and rapid settlement of their claims or a voice in developing such procedures.

Labor-management disputes are settled by a labor arbitration board formed under the jurisdiction of the district court where the registered office of the enterprise or entity involved in the collective dispute is located. Despite the fact that the law establishes the binding character of the decision upon the parties, the decisions cannot lay down rights or obligations of individuals and are not enforceable by the courts. Labor-code procedures make it difficult for some workers to exercise the right to strike. The law prohibits sympathy strikes and allows an employer to hire replacement workers in certain sectors to provide for minimum services during strikes.

The government generally respected freedom of association but did not effectively enforce applicable laws, and penalties are not commensurate with those for other laws involving denials of civil rights, such as discrimination. According to the International Trade Union Confederation, the judicial system was slow to respond to cases of unfair dismissal, and no employer faced penal sanctions for antiunion discrimination as envisaged in the law. No courts or judges specialized in labor disputes.

Employers did not always respect collective bargaining rights, and managers often determined wages without regard to union preferences, except in large factories with well organized unions.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, and the government generally enforced the law effectively. Penalties are commensurate with those for other analogous serious crimes, such as kidnapping.

There were instances of forced labor, most of which involved Lithuanian men subjected to forced labor abroad. Foreign workers from Belarus, Russia, and Ukraine were at risk of labor trafficking as long-haul truck drivers, builders, ship hull assemblers, and welders.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all of the worst forms of child labor. The law sets the minimum age for most employment at 16 but allows the employment of children as young as 14 for light work with the written consent of the child’s parents or guardians and school. The government has not created a list of jobs considered “light work.” The law mandates reduced work hours for children, allowing up to two hours per day or 12 hours per week during the school year and up to seven hours per day or 32 hours per week when school is not in session. According to the law, hazardous work is any environment that may cause disease or pose a danger to the employee’s life, such as heavy construction or working with industrial chemicals. Under the law children younger than age 18 may not perform hazardous work. Penalties were sufficient to deter violations.

The State Labor Inspectorate is responsible for receiving complaints related to employment of persons younger than age 18. The government effectively enforced the law; however, penalties are not commensurate with those for other analogous serious crimes, such as kidnapping. In the first eight months of the year, the inspectorate identified 16 cases in which children were working illegally in the construction, agriculture, retail, services, and manufacturing sectors.

d. Discrimination with Respect to Employment and Occupation

The law prohibits employment discrimination but does not specifically address HIV-positive or other communicable disease status, or gender identity. The law obliges the employer to implement the principles of gender equality and nondiscrimination, which prohibit direct and indirect discrimination, and psychological and sexual harassment. The employer must apply the same selection criteria and conditions when hiring new employees; provide equal working conditions, opportunities for professional development, and benefits; apply equal and uniform criteria for dismissal; pay equal wages for the same work and for work of equal value; and take measures to prevent psychological and sexual harassment in the workplace.

The government effectively enforced the law, and penalties are commensurate with laws related to civil rights, such as election interference.

The law stipulates that discrimination based on sex should also cover discrimination related to pregnancy and maternity (childbirth and breastfeeding). The matter of female poverty among the elderly who do not receive equal government social remuneration, as well as a pay gap between men and women, continued to exist.

The equal opportunity ombudsman (EOO) monitored the implementation of discrimination laws. As of September 1, the EOO received 14 complaints. To address the gender equality problem, the EOO in cooperation with the municipalities and NGOs continued implementing projects aimed at strengthening local communities in the fight against gender-based violence and addressing gender equality problems. Under the law the age requirements for women and men to retire with full or partial pension benefits are not equal.

NGOs reported that workers in the Romani, LGBTI, and HIV-positive communities faced social and employment discrimination (see section 6). Non-Lithuanian speakers and persons with disabilities faced discrimination in employment and workplace access.

e. Acceptable Conditions of Work

According to the National Department of Statistics, as of January 1, the minimum monthly wage increased by 9 percent and was above the poverty line.

The law limits annual maximum overtime hours to 180 hours, and establishes different categories of work contracts, such as permanent, fixed-term, temporary agency, apprenticeship, project work, job-sharing, employee-sharing, and seasonal work. The occupational safety and health (OSH) standards are current and appropriate for the main industries. The law applies to both national and foreign workers. The government effectively enforced OSH laws, and penalties for OSH laws are commensurate with those for crimes like negligence.

The government enforced standards effectively across all sectors including the informal economy, which accounted for an estimated 25 percent of the economy. The State Labor Inspectorate, which is responsible for implementing labor laws, had a staff sufficient to enforce compliance. During the first eight months of the year, the inspectorate conducted 2,119 inspections at companies and other institutions. Of these cases, 80 percent were related to underpayment of wages, late payment of wages, or worker safety. Workers dissatisfied with the results of an investigation can appeal to the court system. The State Labor Inspectorate continued to conduct seminars for managers of companies, local communities, and persons looking for work. The seminars dealt with preventing and combating illegal employment, the administration of labor contracts, and worker’s rights.

According to the State Labor Inspectorate, violations of wage, overtime, and OSH laws occurred primarily in the construction, retail, and manufacturing sectors. The inspectorate received complaints about hazardous conditions from workers in the construction and manufacturing sectors. As of October 1, the State Labor Inspectorate recorded 2,533 accidents at work, including 22 fatal accidents, compared with 2,527 and 25, respectively, in 2019. Most accidents occurred in the transport, construction, processing, and agricultural sectors. To address the problem, the inspectorate continued conducting a series of training seminars for inspectors on technical labor inspection. Inspectors have the authority to make unannounced inspections. Workers have the legal right to request compensation for health concerns arising from dangerous working conditions. Health-care workers were overloaded and at the greatest risk during the COVID-19 pandemic.

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

There were no reports that the government or its agents committed arbitrary or unlawful killings. The Police General Inspection in collaboration with the judiciary investigates law enforcement killings and pursues prosecution if necessary.

On July 31, the Luxembourg City District Court sentenced a police officer convicted of premeditated murder to a life sentence and fined the officer for damages, payable to the relatives of one of his victims. The police officer was convicted of poisoning his sister and brother-in-law in 2016. The defendant appealed the sentence.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices, and there were no reports that government officials employed them.

Impunity was not a significant problem in the security forces.

Prison and Detention Center Conditions

There were no significant reports regarding prison or detention center conditions that raised human rights concerns.

Physical Conditions: There were no major concerns in prisons and detention centers regarding physical conditions or inmate abuse.

On January 24, a juvenile judge decided to incarcerate a 17-year-old convict at the Penitentiary Center in Schrassig, an adult prison. The judge took the decision after it became apparent that the minor, who turned 18 during the year, could not remain in close quarters with other minors due to his overtly violent behavior and refusal to undergo counseling. The Public Prosecutor’s Office noted in its January 24 communique the decision was in accordance with the law, which allows judges to place minors in Schrassig. Several nongovernmental organizations (NGOs) criticized the decision, asserting that minors should be kept separate from adult inmates, but the court countered that the extenuating circumstances surrounding this case justified the decision.

Starting March 18, the prison administration introduced measures to prevent the spread of COVID-19 among inmates. Between March 18 and May 11, prison officials suspended in-person visits but increased its virtual visiting room capacity. In addition each prisoner received 50 euros ($60) per month to pay for telephone charges incurred during the period. On May 11, in-person visits resumed under strict health and safety measures. Between March 18 and mid-June, prison officials suspended physical and work activities, with the exception of those judged necessary for prison operation, such as food and commissary services and janitorial duties, with inmates continuing to receive wages. Prison officials also prolonged time allowed for walks in the courtyard to compensate for the lack of physical activity. According to a representative of “In, Out … and Now?”–an organization that promotes inmates’ rights–the increased isolation resulting from the COVID-19 measures represented the greatest problem for inmates.

On March 26-27, inmates rioted to draw attention to their conditions during the COVID-19 pandemic. The rioters asked for early release due to the pandemic; 40 of the rioters were punished by having their contact with other inmates reduced for 30 days. Between March 27 and April 2, approximately 30 inmates, including several of the rioters, staged a hunger strike at the Schrassig Prison Center; most of the inmates broke the strike within the first few days.

Administration: Authorities conducted investigations of credible allegations of mistreatment at prisons. On April 26, Schrassig prison officials discovered the body of a prisoner in his cell. The prison administration informed judicial authorities, who then requested an autopsy. The investigation continued at year’s end.

Independent Monitoring: The government permitted monitoring by independent human rights observers, including by the Council of Europe’s Committee for the Prevention of Torture in 2015 and the country’s ombudsman, who monitors and supervises the country’s detention centers.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her detention in court. The government generally observed these requirements.

Arrest Procedures and Treatment of Detainees

Warrants issued by a duly authorized official are required for arrests in most cases. Police must inform detainees of the charges against them within 24 hours of their arrest and bring detainees before a judge for a determination of the detention’s legality. There is a functioning bail system, which judges regularly employed. According to the law, detainees must be provided access to an attorney prior to their initial interrogation. In cases of indigent detainees, the government pays for the attorney. These rights were respected.

e. Denial of Fair Public Trial

The constitution and law provide for an independent judiciary, and the government generally respected judicial independence and impartiality.

Trial Procedures

The constitution provides for the right to a fair public trial, and an independent judiciary generally enforced this right.

Defendants have the right to a presumption of innocence and the right to be informed promptly and in detail of the charges. Defendants have the right to a fair trial without undue delay. Trials are public, except for those involving sexual or child abuse cases. Defendants have the right to be present and to consult in a timely manner with an attorney of their choice or to have one provided at public expense. Defendants and their attorneys have adequate time and facilities to prepare a defense. Persons who do not speak or understand the language of the proceedings are entitled to the free assistance of an interpreter as soon as they are questioned as a suspect, in the course of an investigation, during a preliminary investigation, or in criminal proceedings if charged. Defendants may confront witnesses against them and present witnesses and evidence on their own behalf. They may not be compelled to testify or confess guilt. Defendants have the right of appeal.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

Magistrate courts serve as an independent and impartial judiciary in civil and commercial matters and are available to individuals who wish to bring lawsuits seeking damages for, or cessation of, a human rights violation. Citizens may appeal cases involving alleged violations of the European Convention on Human Rights by the state to the European Court of Human Rights after exhausting all routes for appeal in the country’s judicial system.

In its 2019 report, the Center for Equal Treatment noted that several persons reported that complaints of discrimination filed with the Grand Ducal Police had been closed without action by the Public Prosecutor’s Office. The center suggested that a possible lack of resources in the office was behind the closure of the cases, which were mostly for racist or homophobic verbal insults, and recommended that the Public Prosecutor’s Office be given more staff to investigate these accusations thoroughly.

Property Restitution

The government has laws and mechanisms in place for its continued investigation of Holocaust-era claims. NGOs and advocacy groups reported, however, that the government did not completely resolve Holocaust-era claims. According to the Jewish community, most claims by citizens for Holocaust-era property restitution have been settled, but issues remained for the restitution of Holocaust assets to victims who either were citizens of a foreign country or had no citizenship at all. A government representative underscored that authorities were aware of those issues.

The Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 29, can be found on the Department’s website: https://www.state.gov/reports/just-act-report-to-congress/.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution and law prohibit such actions, and there were no reports that the government failed to respect these prohibitions.

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Freedom of Speech: The law prohibits hate speech in any medium, including online forums, and provides for prison sentences of between eight days and two years and fines for violations. Victims of hate speech on the internet as well as third-party observers can access a website to report hateful remarks and seek help and advice. The public prosecutor’s office and the courts responded firmly to hate speech.

Freedom of Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction.

Between March 18 and May 4, the government held virtual press conferences without the physical presence of the press corps in a national effort to limit the spread of coronavirus. Journalists complained they had limited access to information at a critical time when the country needed timely updates and that they could not ask follow-up questions. On May 4, the government reopened the press conferences to physical presence of journalists, with the appropriate health and safety measures added, including government-mandated social distancing.

Libel/Slander Laws: The law prohibits “libel, slander and defamation” and provides for prison sentences of between eight days and two years and fines for violations. The government or individual public figures did not use these laws to restrict public discussion or retaliate against journalists or political opponents.

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority.

Academic Freedom and Cultural Events

Between March 18 and May 11, the government closed academic and cultural venues in a national effort to limit the spread of the coronavirus. After May 11, the government authorized the reopening of academic and cultural venues on the conditions that attendees be seated and must either wear a mask or maintain a 6.5-foot distance between one another. Most organizers moved their events online. Starting November 26, and until December 15, the government closed all cultural venues with the exceptions of museums, art galleries, libraries, and national archives, in a national effort to limit the spread of the coronavirus.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, and the government generally respected these rights.

Freedom of Peaceful Assembly

Between March 18 and September 30, in a national effort to limit the spread of COVID-19, the government imposed restrictions on public gatherings, prohibiting them from March 18 to May 11. Violating the ban was punishable by a fine. The government did not enforce the ban against protests. Following May 11, the government authorized public gatherings provided that participants be seated and wear a mask or maintain a 6.5-foot distance from one another. The requirement to be seated did not apply to protesters.

c. Freedom of Religion

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

d. Freedom of Movement

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. Starting October 30, until at least December 15, the government established an 11 p.m.-6 a.m. curfew in a national effort to limit the spread of COVID-19, with certain exceptions for professional, health, family, transit, and emergency reasons. Violating the curfew was punishable by a fine. The Consultative Commission for Human Rights insisted in its October 28 review of the bill on the “seriousness of this measure, which in particular presents a significant restriction on freedom of movement.”

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

The government cooperated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees.

On August 11, the Luxembourg Refugee Council, a collective of prorefugee NGOs and associations, accused the Immigration Directorate of discouraging asylum seekers from submitting their applications for asylum and of failing to provide those who submitted a request with a reception certificate that would allow them to stay in country pending adjudication of their asylum applications. In reply Minister of Immigration and Asylum Jean Asselborn admitted that the directorate was unable to register applications for international protection between June 29 through July 9 due to technical difficulties, resulting in applicants’ having to return later, but he stated that affected applicants were accommodated and supported by the National Reception Office, even without a proper application receipt.

The council further accused the directorate of failing to respect the presumption of minor status by making excessive background checks for the registration of an asylum application. Asselborn clarified that the directorate is under the obligation to protect minors in homes and schools and to prevent adults who might fraudulently pose as a minor in an attempt to benefit from government programs. He noted that in 2019 a total of 64 applicants tried to pass as minors, compared with 40 in 2018.

The government exempted persons seeking international protection or refugee status for other humanitarian reasons from temporary immigration restrictions between March 18 and December 31.

Safe Country of Origin/Transit: The country generally denied asylum to asylum seekers who arrived from a safe country of origin or transit, pursuant to the EU’s Dublin III Regulation. The government considered 13 countries to be “safe countries of origin” for purposes of asylum. Countries considered “safe” at the end of 2017 were Albania, Benin (only for male applicants), Bosnia and Herzegovina, Cabo Verde, Croatia, Georgia, Ghana (only for male applicants), Kosovo, Macedonia, Montenegro, Senegal, Serbia, and Ukraine.

Employment: According to the country’s National Refugee Council, language barriers and the inability to understand the domestic job market reduce employment opportunities. According to the representatives of the Immigration Directorate, application procedures are the same for all non-EU nationals.

Durable Solutions: Through the EU, the country accepted refugees for resettlement, offered naturalization to refugees residing in the country, and assisted refugees in voluntary return to their homelands.

Temporary Protection: The government provided subsidiary protection to individuals who may not qualify as refugees but who could not return to their country of origin due to a risk of serious harm, and provided it to approximately 40 persons in 2019.

The constitution and law provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: In 2018 the country held parliamentary elections that observers considered free and fair.

Participation of Women and Members of Minority Groups: No laws limit the participation of women and members of minority groups in the political process, and they did participate. The law requires that 40 percent of the party candidate lists submitted for national elections be from “the underrepresented gender.” If a party fails to meet the quota, the law provides a graduated scheme of reducing its yearly financial endowment from the government, based on the extent of failure to meet the criteria. The country’s five major parties all met the 40 percent criterion in their candidate lists for the parliamentary elections.

The law provides criminal penalties for corruption by officials, and the government generally implemented the laws effectively.

Financial Disclosure: By executive order, cabinet members must disclose any company assets, in the form of shares or otherwise, that they own. The order requires that prospective ministers submit the information before they assume office. The declarations are available to the public on the government’s internet website. There are no criminal or administrative sanctions for noncompliance, and no particular agency has a mandate to monitor disclosures.

A number of domestic and international human rights groups operated without government restriction, investigating and publishing their findings on human rights cases. Government officials often were cooperative and responsive to their views.

Government Human Rights Bodies: The government bodies that deal with human rights are the Consultative Commission for Human Rights, the Ombudsman Committee for the Rights of Children, and the Interministerial Committee on Human Rights. In addition the Center for Equal Treatment monitors issues related to discrimination based on race or ethnic origin, sex, sexual orientation, religion or beliefs, disability, and age. All of these organizations are government funded and are composed of government appointees, but they act independently of the government and of one another. The government provided resources for the continuous and unrestricted operation of the committees. As consultative bodies in the legislative process, the committees commented on the government’s bills and amendments to laws concerning human rights. They were also active in outreach efforts, informing the public about human rights and publishing annual reports on their activities.

The independent, government-wide Ombudsman (which is different from the Ombudsman Committee for the Rights of Children) handles human rights complaints against government institutions but only mediates between citizens and the public sector. It cannot receive complaints against the private sector, although many assistance institutions are private or run by not-for-profit organizations that often received government support. The Center for Equal Treatment can receive complaints against the private sector but cannot take cases to court on behalf of victims.

The Interministerial Committee on Human Rights aims to improve interministerial cooperation and coordination on human rights issues and to strengthen the country’s internal and external human rights policies. It monitors the implementation of the country’s human rights obligations in consultation with national human rights institutions and civil society. Every ministry has a seat on the committee, which is coordinated by the Ministry of Foreign and European Affairs and chaired by the ambassador-at-large for human rights.

Women

Rape and Domestic Violence: The law prohibits rape of both women and men, including spousal rape, and the government enforced the law effectively. Penalties for violations range from five to 10 years’ imprisonment. The law prohibits domestic violence, and the government effectively enforced the law. The law is gender-neutral and provides for the removal of abusers from their residences for a 14-day period that can be extended once for an additional three months upon request of the victim. Penalties may include fines and imprisonment. Police are required to investigate if an NGO reports having been approached by an individual for assistance in cases involving domestic abuse.

According to the most recent report, authorities investigated 144 accusations of indecent assault and 116 cases of rape in 2019, representing modest increases over the previous year. Police also intervened 849 times in domestic violence situations, and prosecutors authorized 265 evictions of the abuser from the domestic home as a result of these incidents, increases of 13 percent and 12.8 percent, respectively, over the same period in the previous year.

On August 11, a representative from Women in Distress, a nonprofit association providing protection to women and children from domestic violence, reported that, while there might not have been a significant increase in evictions between March and May, the cases reported had been more violent, often involving battery or death threats, with perpetrators using weapons such as baseball bats. The representative added that in August there were three cases in which the perpetrator was jailed rather than evicted from the home for a 14-day period.

The government funded organizations that provided shelter, counseling, psychosocial assistance, and hotlines. Three separate hotlines were available to assist men and women who were victims of domestic abuse. The government provided financial assistance to victims of domestic violence.

On April 14, the Ministry of Equality between Women and Men initiated and supported a new helpline for victims of domestic abuse during the COVID-19 pandemic. The helpline was a collaborative effort by nonprofit associations and was reachable seven days a week from 12 p.m. to 8 p.m.

The Ministry of Equality-headed Committee for Domestic Violence worked to improve the government’s response to domestic violence by centralizing and studying data provided by state bodies and assistance services as well as proposing input on government proposals and draft legislation. By law the committee is required to transmit a written report to the government on its findings.

The Ministry of Equality between Women and Men operated a prevention website to raise awareness against the different types of violence against women, including psychological, sexual, and domestic violence, and provided victims with telephone numbers available for assistance services as well as contact information for police.

Sexual Harassment: The law prohibits gender-based sexual harassment and requires employers to protect employees from such harassment. Disciplinary measures against offenders included dismissal. The law considers an employer’s failure to take measures to protect employees from sexual harassment a breach of contract, and an affected employee is entitled to paid leave until the situation is rectified. In 2019 the Labor Inspection Court received 17 cases of sexual harassment in the workplace.

In its 2019 report to parliament and the government, the Center for Equal Treatment complained that the law does not give the Court for Inspection of Labor and Mines (ITM) the means to repress or sanction perpetrators of sexual harassment, even though the court is responsible for applying provisions against sexual harassment in the workplace.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children. All individuals have the right 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, social, and cultural barriers regarding access to contraception. There are no legal, social, and cultural barriers to access for skilled health attendance during pregnancy and childbirth. 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 law provides for the same legal status and rights for women as for men. The government enforced the law effectively. In 2019 the Center for Equal Treatment reported handling 18 cases of potential gender-based discrimination.

Children

Birth Registration: Citizenship is governed by the principle of descent, according to which a father or mother who is a citizen automatically conveys citizenship to offspring at birth. The law allows for citizenship via naturalization and allows dual citizenship. Citizenship for minor children is automatically conveyed when a parent naturalizes.

Child Abuse: The law prohibits child abuse. Authorities enforced the law. Penalties for child abuse range from one to five years’ imprisonment and fines. Three separate hotlines were available to assist children who were victims of domestic abuse.

Child, Early, and Forced Marriage: The minimum legal age for marriage is 18 but can be waived by a guardianship judge. In its 2017 report to parliament, the country’s Ombudsman Committee for the Rights of Children noted that forced marriage had become a problem as a result of immigration, but no official data on it was available.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children, the sale of children, the offering or procuring of a child for child prostitution, and practices related to child pornography. Authorities enforced the law, and cases were rare. Penalties for trafficking, including sexual trafficking, of children range from 10 years’ to 15 years’ imprisonment and fines. The law provides that a client having consciously committed a commercial sexual act with a minor can be sentenced to one to five years of imprisonment, five to 10 years if the minor was younger than age 16, and 10 to 15 years if the minor was younger than age 11, plus fines.

From July 6 to July 9, more than 100 police officers carried out 46 searches in connection with child pornography investigations. During a July 10 press conference, the investigator announced that more than a third of those investigated as part of the operation were minors. The material seized in the searches varied from a handful of images to hard disks containing indecent images of children. An officer from the police’s child protection service noted that the searches were just the first step in addressing the problem of child pornography.

The minimum legal age for consensual sex is 16.

Displaced Children: In 2019 the Immigration Directorate noted there were 36 asylum requests for unaccompanied children, the same number as it received in 2018. On April 15, the government accepted the relocation from Greece of 12 unaccompanied Afghan and Syrian minors between the ages of 11 and 15. There were three specialized housing shelters specifically for unaccompanied children and two shelters that also accepted unaccompanied children; the government placed unaccompanied children in these shelters whenever feasible.

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 Jewish community numbered approximately 1,500 persons. There were no reports of physically violent anti-Semitic acts committed against the community, although there were isolated cases of anti-Semitic content on the internet.

The government has laws that punish anti-Semitic statements and Holocaust denial; the government generally enforced the law when notified. Jewish groups reported anti-Semitic statements and attitudes online, especially in association with statements related to the government of Israel and the Holocaust.

On April 21, the president of the NGO Research and Information on Anti-Semitism in Luxembourg (RIAL) reported that a Facebook user shared a video on his personal page that spoke of a Judeo/Masonic conspiracy to create a third world war that would give power to “political Zionists.” On April 24, the president of RIAL referred the video to the online service Bee-Secure, which forwarded it to police.

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. The government largely enforced these provisions. The law requires all new government-owned buildings and buildings undergoing renovation to be accessible to persons with disabilities. Private facilities and services as well as existing government-owned buildings are not subject to the law. The accessibility of public transportation outside the capital was limited. The law recognizes German sign language, allowing deaf and hard-of-hearing persons to use both the language and a state-paid translator in their communications with government.

In its 2019 report, the Center for Equal Treatment wrote that it handled 37 cases of potential discrimination related to disability. Most of the cases concerned access to the job market and housing.

On February 11, the government presented its second National Action Plan for Disabled People. The Consultative Commission for Human Rights and the Center for Equal Treatment described the new plan as detailed and providing precise and concrete measures, but lamented the absence of a control mechanism for the private sector. It noted the government had not sufficiently involved persons with disabilities in the drafting process.

On June 8, the director general of the Blannenheem, a home for elderly blind and partially sighted persons in Rollingen, was forced to step down after family members of approximately 30 residents criticized inhuman treatment. Speaking to the national television and radio station RTL on June 4, the complainants claimed that the atmosphere at the home was “prison-like” and that the residents were treated “like objects.” The administrative board asserted in a statement that the severe complaints of the family members did not reflect the reality on the ground.

On July 9, the Consultative Commission for Human Rights, the Center for Equal Treatment, and the ombudsman released a joint open letter in which they drew attention to measures “causing concern” in care service facilities for persons with disabilities. The measures included, but were not limited to, the medical sedation of persons with disabilities unable to express themselves and leaving doors open while care services were provided. All three organizations acknowledged that the shortfalls might be linked to a shortage of time and personnel and a lack of training.

Following the government recommendations, most accommodations restricted access to outside visitors between March and May to prevent a possible spread of the coronavirus. From March 15 through May 11, the Association of Parents of Mentally Disabled Children closed its 23 residential facilities for adults to outside visitors, which housed 196 persons. Between May 12 and June 14, the association reauthorized outside visits at these facilities by appointment only, requiring health and safety measures, such as wearing a mask and sanitizing one’s hands during visits. On June 15, the association lifted all restrictions for in-person visits but asked visitors to abide by relevant health and safety measures (wearing masks, social distancing, and washing hands). On August 10, a representative from InfoHandicap, an organization for persons with disabilities, noted that some of the government’s response measures had adverse effects on the country’s most vulnerable groups, such as the elderly and persons with disabilities. The InfoHandicap representative noted that during the ban on outside visitors, patients experienced an increased sense of isolation which could cause psychological damage and stress.

The education system allows children with disabilities to attend their local schools with their peers without disabilities. Parents, however, can decide to place their children in segregated classes. According to a representative of InfoHandicap, most children with disabilities attended segregated classes due to the lack of trained teachers to respond to the children’s needs. He further noted that attending those segregated classrooms affects a child’s chances of employment or pursuing higher education, because segregated classes do not issue diplomas. A representative of the Ministry of Education noted that the ministry increased financial resources and trained personnel to allow a maximum number of children with disabilities to attend their local schools with their peers without disabilities. He further noted that most children attending segregated classes suffered from mental and physical disabilities serious enough to prevent their pursuing employment or higher education.

In response to the COVID-19 pandemic, the government closed all classes, including segregated classes, between March 16 and May 25. It reopened segregated classes on April 20 for the most vulnerable children. The government also closed workshops for children with disabilities and noted that students attending segregated classes could not be permitted in day-care facilities to prevent the students from mixing. On April 3, the government introduced paid family support leave that allowed one parent at a time working in the private sector or self-employed to take care of a disabled or elderly person whose care facility structure ceased its activities during the COVID-19 pandemic, applying this measure retroactively to March 18. Several organizations, including the Luxembourg Assistance to Persons Suffering from Neuromuscular and Rare Diseases and InfoHandicap, criticized the government for not allowing both parents to stay home at the same time, as affected children often needed attention from more than one caregiver. According to the government, making such an exception to the law would have discriminated against families with children without disabilities.

The law permits persons with mental disabilities to be placed under legal guardianship. Persons under guardianship lose the right to vote. Several associations, including InfoHandicap, called the law excessively restrictive.

Members of National/Racial/Ethnic Minority Groups

The center recorded 31 cases of alleged discrimination involving race or ethnicity in its 2019 report.

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

The law prohibits all forms of discrimination based on sexual orientation or gender identity.

The Center for Equal Treatment’s 2019 report stated that it handled six cases of potential discrimination linked to sexual orientation.

The president of Rosa Letzebuerg, a local pro-lesbian, gay, bisexual, transgender, and intersex association, noted that gay and bisexual men continued to be prohibited from donating blood.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the rights of workers, including foreign workers and workers in the informal sector, to form and join independent unions of their choice, to bargain collectively, and to conduct legal strikes. The law allows unions to conduct their activities without interference. Workers exercised these rights freely, and the government protected these rights. The law prohibits antiunion discrimination and requires reinstatement of workers fired for union activity.

The right to strike excludes government workers who provide essential services. Legal strikes may occur only after a lengthy conciliation procedure between the parties. For a strike to be legal, the government’s national conciliation office must certify that conciliation efforts have ended.

The government effectively enforced the law. Penalties were commensurate with those for similar crimes. The government and employers respected freedom of association and the right to collective bargaining in practice.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The government pursued suspected cases and effectively enforced the law. Although NGOs reported it to be understaffed, the Labor Inspectorate increased recruitment efforts during the year to allow it to conduct timely inspections to enforce compliance. Penalties for violations included imprisonment under criminal law and were commensurate with those for similar crimes.

There were reports that foreign men and women were engaged in forced labor, chiefly in the construction and restaurant sectors. Some children were engaged in forced begging (see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor and the employment of children younger than 16. Trainees younger than 16 must attend school in addition to their job training. The law also prohibits the employment of workers younger than 18 in hazardous work environments, on Sundays and official holidays, and for nighttime work. The Ministries of Labor and Education effectively enforced the child labor laws.

Romani children from neighboring countries were sometimes brought into the country during the day and trafficked for the purpose of forced begging (see section 7.b.).

The government worked to increase resources, inspections, and remediation over the year. By law persons who employ children younger than 16 may be subject to a fine and prison sentence. The penalties were commensurate with those for other crimes.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation based on race, color, national extraction, social origin, religion, political opinion, sex, disability, language, sexual orientation or gender identity, HIV-positive status or other communicable diseases, or refugee or social status. The government effectively enforced these laws and regulations and penalties for violations were commensurate with those for other crimes.

Employers occasionally discriminated against persons with disabilities in employment (see section 6, Persons with Disabilities). The law establishes quotas that require businesses employing more than 25 persons to hire certain percentages of workers with disabilities and to pay them prevailing wages. InfoHandicap noted that the government failed to enforce these laws consistently.

The law provides for the same legal status and rights for women as for men, including rights under labor law and in the judicial system. The law mandates equal pay for equal work. According to information provided by the Ministry of Equality between Women and Men, during the year employers paid women 5.5 percent less on average than men for comparable work.

e. Acceptable Conditions of Work

The national minimum wage for a worker older than age 18 was greater than the estimated poverty income level. Minimum wage provisions apply to all employees, including foreign, migrant, temporary, and contract workers. Collective bargaining agreements established eight hours as a standard workday, with a 40-hour week and provision for 26 days leave and overtime.

The ITM, the Social Security Ministry, and the Superior Court of Justice are responsible for enforcing laws governing maximum hours of work and mandatory holidays. The government regularly conducted investigations and transferred cases to judicial authorities. The majority of alleged violations occurred in the construction sector. The agencies effectively enforced the law, when notified. Penalties for violations are commensurate with those for other similar crimes. In 2019 the ITM carried out 5,682 inspections and levied a total of almost 5.4 million euros ($6.5 million) in fines.

The law mandates a safe working environment and occupational safety and health standards are current and appropriate. Authorities effectively protected employees in this situation. Penalties were commensurate with similar violations.

The ITM and the accident insurance agency of the Social Security Ministry are responsible for inspecting workplaces. Although NGOs reported the Labor Inspectorate to be understaffed, the Labor Inspectorate increased recruitment efforts during the year to enforce compliance sufficiently. Inspectors have the authority to make unannounced inspections, except in private homes, and to order emergency measures for the regularization or cessation of labor law violations. They can seek assistance from the police should they meet opposition to the fulfillment of their duties. Inspectors can issue fines and establish reports documenting the infringements of the laws, which are forwarded by the director to the prosecutor’s office for further action if needed. There was no moratorium on inspections during the year. Workers have the right to ask the Labor Inspectorate to make a determination regarding workplace safety. Penalties for violations included fines and imprisonment and were commensurate with other similar crimes. Accidents occurred most frequently in the construction, commerce, industry, and catering sectors. In 2019 the ITM recorded 466 accidents (versus 442 accidents in 2018), including nine fatalities.

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

There were no reports the governments or their agents committed arbitrary or unlawful killings. In the Netherlands, separate bodies investigate whether security force killings were justifiable and pursue prosecutions when found not to be so. The Military Chamber of the Gelderland Provincial Court in Arnhem dispenses military justice to members of the Dutch armed forces. The National Police Investigative Department, under the Ministry of Justice and Security, and the Public Prosecutor’s Office perform these functions regarding possible crimes committed by police. In the Dutch Caribbean, the islands’ Public Prosecutor’s Office and the Court of Justice perform these functions.

The Netherlands does not allow involuntary euthanasia, but has statutory rules and procedures for the termination of life upon request by a patient. By law approval of a patient’s request for euthanasia requires all of the following conditions be met: the patient’s suffering must be unbearable with no prospect of improvement; the patient’s request must be voluntary and persistent over time; the patient must be fully aware of his or her condition, prospects, and options; at least one other independent doctor must confirm the condition; and the patient must be at least 12 years old (those between 12 and 16 years of age require consent of their parents) and suffering from a terminal illness.

On October 13, Minister of Health Hugo de Jonge announced the government had approved plans to allow euthanasia for terminally ill children between the ages of one and 12 with mandatory parental consent, in addition to the standard euthanasia requirements. He stated the government would draft new regulations for this practice.

Some organizations expressed concern regarding possible problems with the procedures in place based on a 2017 government report, which outlined 18 cases in 2015 in which the patient’s “explicit consent” was not obtained. The report found that in these 18 cases, other additional procedures were taken and the euthanasia was carried out properly under the law. An independent review committee monitored cases for compliance and occasionally presented complicated cases for review by the Prosecutor’s Office. Prosecutor’s Office reviews found all the procedures were followed correctly.

Euthanasia is punishable by law in Aruba, Curacao, and Sint Maarten.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices, but there was one report that asserted government officials employed them.

The nongovernmental organization (NGO) Amnesty International in its 2019 report criticized the Netherlands’ use of special high-security detention units for persons arrested on terrorism charges and awaiting trial or convicted of terrorism, based on findings in a 2017 joint report with the Open Society Initiative. The NGO specifically noted that persons were detained in these units without individual assessments, and claimed that some security measures employed in these units, such as invasive body searches, isolation, and constant monitoring, could be considered cruel, inhuman, or degrading treatment. Amnesty International acknowledged the government had implemented reforms for the improved treatment of such detainees since 2017, including establishing a personalized regimen for a detainee based on a risk-based assessment of the individual. The NGO, however, maintained this assessment should occur before the detainee’s placement in these detention units, not afterward.

Prison and Detention Center Conditions

There were no reports regarding prison or detention center conditions in the Netherlands that raised human rights concerns. According to human rights organizations, prison conditions in Sint Maarten, Aruba, and Curacao did not meet minimum international standards.

Physical Conditions: In the Netherlands, there were no major concerns in prisons and detention centers regarding physical conditions or inmate abuse. In a 2015 report on its visit to the Dutch Caribbean–the most recent report available–the Council of Europe’s Committee of the Prevention of Torture (CPT) noted poor physical conditions in Curacao and Aruba, in some cases serious enough to be considered inhuman and degrading treatment, and reports of inmate mistreatment and interprisoner violence in Aruba, Curacao, and Sint Maarten.

On Aruba and Curacao, some undocumented Venezuelans who were scheduled to be deported remained in immigration detention longer than expected in a location that is intended for short stay only, because Venezuela only infrequently allowed repatriation flights from Aruba and Curacao.

The Sint Maarten Public Prosecutor reported that some suspects were in custody for longer than the permitted 10 days at the Sint Maarten police station because of a lack of prison cells elsewhere. Such practices ceased after a European Court for Human Rights ruling in December 2019. Amnesty International and Human Rights Watch reported that Venezuelan refugees were held in detention in Curacao for more than six months, which is a violation of local immigration policy. During the year, a criminal investigation of this matter continued in Curacao.

Administration: Agencies that make up the national preventive mechanism addressing allegations of mistreatment throughout the entire kingdom conducted investigations of credible allegations.

Independent Monitoring: The kingdom’s governments permitted monitoring by independent nongovernmental observers such as human rights groups, media, and the International Committee of the Red Cross, as well as by international bodies such as the CPT, the UN Subcommittee on Prevention of Torture, and the UN Working Group for People of African Descent.

Improvements: In response to the 2015 CPT report, Sint Maarten added staff, daytime activities, rehabilitation programs, and electronic surveillance. On Curacao, improvements included Dutch government-funded renovations of the detention center and prison, based on CPT standards.

d. Arbitrary Arrest or Detention

The law throughout the kingdom prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The governments generally observed these requirements.

Arrest Procedures and Treatment of Detainees

A prosecutor or senior police officer must order the arrest of any person, unless the person is apprehended at the site of an alleged crime. Arrested persons have the right to appear, usually within a day, before a judge, and authorities generally respected this right. Authorities informed detainees promptly of charges against them. The kingdom’s laws also allow persons to be detained on a court order pending investigation.

In terrorism-related cases in the Netherlands, the examining magistrate may initially order detention for 14 days on the lesser charge of “reasonable suspicion” rather than the “serious suspicion” required for other crimes.

There is no bail system. Detainees can request to be released claiming there are no grounds to detain them. Authorities frequently grant such requests. In all parts of the kingdom, the law provides suspects the right to consult an attorney. The Netherlands’ law grants all criminal suspects the right to have their lawyers present at police interrogation. In Aruba, Curacao, and Sint Maarten, a criminal suspect is only entitled to consult his or her lawyer prior to the first interview on the substance of the case. Immigration detainees in Curacao do not always have access to legal counsel, nor do they have visitation rights. In the Netherlands and Curacao, in the case of a minor, the lawyer can be present during interviews but cannot actively participate.

e. Denial of Fair Public Trial

In all parts of the kingdom, the law provides for an independent judiciary, and the governments generally respected judicial independence and impartiality.

Trial Procedures

The law provides for the right to a fair and public trial throughout the kingdom, and an independent judiciary generally enforced this right.

Defendants enjoy the right to a presumption of innocence and the right to be informed promptly of the charges. Trials must be fair and take place without undue delay in the presence of the accused. The law provides for prompt access of defendants to attorneys of their choice, including at public expense if the defendant is unable to pay. Defendants generally have adequate time and facilities to prepare a defense. If required, the court provides interpreters free of charge throughout the judicial process. The defendant is not present when the examining magistrate examines witnesses, but an attorney for the accused has the right to question them.

In most instances defendants and their attorneys may present witnesses and evidence for the defense. The judge has the discretion to decide which witnesses and evidence are relevant to the case; if the defendant disagrees with the judge’s decision, there is a procedure to address the grievance. In certain cases involving national security, the defense has the right to submit written questions to witnesses whose identity is kept confidential. Defendants may not be compelled to testify or confess guilt and have the right to appeal.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees anywhere in the kingdom.

Civil Judicial Procedures and Remedies

Individuals throughout the kingdom may bring lawsuits for damages for human rights abuses in the regular court system or specific appeal boards. If all domestic means of redress are exhausted, individuals may appeal to the European Court of Human Rights. Citizens of Sint Maarten and Curacao may also seek redress from the government through the Office of the Ombudsperson.

Property Restitution

The Netherlands has laws or mechanisms in place, and NGOs and advocacy groups reported that the government has made significant progress on resolution of Holocaust-era claims, including for foreign citizens. The government seeks to meet the goals of the Terezin Declaration on Holocaust Era Assets and Related Issues. A legal process exists for claimants to request the return of property looted during the Holocaust, although some advocates say that bureaucratic procedures and poor record keeping have been barriers to restitution efforts. There are no active restitution cases on Curacao, Aruba, or Sint Maarten.

The Department of State’s Justice for Uncompensated Survivors Today Act report to Congress, released on July 29, 2020, can be found on the Department’s website: https://www.state.gov/reports/just-act-report-to-congress/.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law throughout the kingdom prohibits such actions, but there was one report raising concern regarding the government’s respect for these prohibitions. In a September 29 report, Amnesty International criticized a predictive policing pilot project in the city of Roermond. Using cameras and other sensors, police monitored persons driving around the city, collecting information about vehicles and movement patterns. An algorithm then calculated a risk score for each vehicle to assess whether the driver and passengers were likely to commit a property crime. Amnesty charged that one indicator used was whether persons in the vehicle were from Eastern Europe. Amnesty criticized both the mass surveillance used in such projects and the fact that the systems discriminated specifically against East Europeans. On October 1 and 2, members of parliament from opposition parties submitted parliamentary questions to the government based on Amnesty’s report. As of December the minister of justice had not responded other than to inform parliament the government’s responses would be delayed.

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, and the governments throughout the kingdom generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Freedom of Speech: It is a crime to “verbally or in writing or image deliberately offend a group of people because of their race, their religion or beliefs, their sexual orientation, or their physical, psychological, or mental disability.” The statute in the Netherlands does not consider statements that target a philosophy or religion, as opposed to a group of persons, as criminal hate speech. The penalties for violating the law include imprisonment for a maximum of two years, a substantial monetary fine, or both. In the Dutch Caribbean, the penalties for this offense are imprisonment for a maximum of one year or a monetary fine. In the Netherlands there are restrictions on the sale of the book Mein Kampf and the display of the swastika symbol with the intent of referring to Nazism.

On September 4, an appellate court upheld Party for Freedom leader Geert Wilders’ 2016 conviction for “group insult” against Moroccans at a 2014 political rally. The appeals court threw out the charges of inciting hatred and discrimination, finding that Wilders made the remarks for political purposes, rather than to inspire discrimination. The court upheld his conviction, however, for “group insult,” a crime of deliberately insulting a group of persons because of their race, religion, or conviction. As was the case in the original 2016 conviction, Wilders did not receive a punishment. Wilders asserted the conviction violated his right to freedom of expression and stated he would appeal the conviction to the Supreme Court.

Freedom of Press and Media, Including Online Media: Independent media in the kingdom were active and expressed a wide variety of views without restriction. Restrictions on “hate speech” applied to media outlets but were only occasionally enforced. Disputes occasionally arose over journalists’ right to protect their sources.

Nongovernmental Impact: Several crime reporters and media outlets in the Netherlands faced threats, violence, and intimidation from criminal gangs. If required by circumstances, reporters receive temporary police protection. On February 2, two assailants punched and threatened to kill Pakistani blogger Ahmad Waqass Goraya outside his Rotterdam home.

Internet Freedom

Kingdom governments did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the governments monitored private online communications without appropriate legal authority. Authorities continued, however, to pursue policies to prevent what they considered incitement to discrimination on the internet. They operated a hotline for persons to report discriminatory phrases and hate speech with the principal aim of having them removed.

It is Dutch government policy to allow the online community to regulate and check itself, except for the removal of illegal content. The government advocated a common European approach for dealing with online hate speech. The government supported independent legal review by the government-sponsored but editorially independent Registration Center for Discrimination on the Internet (MiND Nederland).

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events in the kingdom.

b. Freedoms of Peaceful Assembly and Association

The laws in the kingdom provide for the freedoms of peaceful assembly and association, and the governments generally respected these rights.

c. Freedom of Religion

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

d. Freedom of Movement

The laws in the kingdom provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the governments generally respected these rights.

Beginning in March kingdom authorities established temporary restrictions on internal movement and foreign travel to limit the spread of COVID-19.

Citizenship: Some human rights organizations questioned the law which allows revocation of the Dutch citizenship of dual nationals suspected of being a foreign terrorist fighter. During the year the government did not revoke any dual citizen’s citizenship on the basis of terrorism.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

The governments of the Netherlands, Sint Maarten, and Aruba cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern. Curacao expelled UNHCR in 2017 and has allowed UNHCR neither to establish an office nor to interview refugees.

Abuse of Migrants, Refugees, and Stateless Persons: Human rights organizations criticized the government of Curacao for failing to provide temporary status to Venezuelan refugees and other displaced Venezuelans. They found that many migrants and displaced Venezuelans without legal status ended up living on the fringes of society, with no protection against abuse from neighbors or from employers in the informal sector.

The LGBT Asylum Support Foundation reported more than 60 cases of violence against lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals in asylum centers in the Netherlands between June and August and urged for the creation of separate living quarters in asylum centers for LGBTI asylum seekers. Most of the violence was instigated by asylum seekers who discriminated against LGBTI individuals.

Refoulement: On Curacao and Sint Maarten, there is no legal protection from returning a person to their country of origin who faces a well founded fear of persecution there. Curacao and Sint Maarten may have a legal basis, however, to prevent returning a person to a country where they would face torture or degrading or inhuman treatment or punishment, based on the European Convention on Human Rights. Both governments developed corresponding national procedures but did not amend their immigration statutes. The Netherlands and Aruba have legal protections to prevent refoulement. In Aruba, however, authorities deported Venezuelans, who had stated to human rights organizations that they would face abuse if returned to Venezuela, without adjudicating their asylum claim.

There were disagreements between the government of the Netherlands and human rights organizations on the deportation of rejected asylum seekers to countries such as Afghanistan, Iraq, Sudan, and Bahrain. The courts agreed with the government that conditions in these countries were safe enough to deport these individuals. One case concerned the 2018 deportation of Ali Mohamed al-Showaikh, a rejected asylum seeker from Bahrain, who was immediately arrested upon his deportation to his home country. The government was reproached by human rights organizations for ignoring pertinent information that al-Showaikh would be at risk if deported.

Access to Asylum: The laws on asylum vary in different parts of the kingdom. In the Netherlands, the law generally provides for the granting of asylum or refugee status, and the government has an established system for providing protection to refugees.

The laws in Sint Maarten and Curacao do not provide for the granting of asylum or refugee status. Foreigners requesting asylum are processed as foreigners requesting a humanitarian residence permit. If an individual is unable to obtain a humanitarian residence permit, authorities deport the person to their country of origin or a country that agreed to accept them. Curacao requested and received guidance and training from the Netherlands on asylum-processing procedures. Curacao established an asylum policy based on Article 3 of the European Convention on Human Rights.

Most asylum seekers in the Dutch Caribbean were from Venezuela. Authorities in Aruba, Curacao, and Sint Maarten generally considered most Venezuelan asylum seekers to be economic migrants ineligible for protection. There were an estimated 10,000 to 15,000 Venezuelan asylum seekers each in Aruba and Curacao and another 1,000 in Sint Maarten. Aruba, Bonaire, and Curacao deported undocumented displaced Venezuelans throughout the year. Local and international human rights organizations urged the governments of Aruba and Curacao to refrain from deporting Venezuelan asylum seekers back to their home country. Local human rights organizations reported that Aruba and Curacao deported asylum seekers who had presented credible facts suggesting that they would face abuse for their political beliefs if returned to Venezuela.

Safe Country of Origin/Transit: Authorities in the Netherlands denied asylum to persons who came from so-called safe countries of origin or who had resided for some time in safe countries of transit. They used EU guidelines to define such countries. Applicants had the right to appeal all denials.

Under the EU’s Dublin III Regulation, the Netherlands did not return third-country asylum seekers arriving from Hungary back to Hungary, due to discrepancies between Hungary’s asylum laws and EU migration law.

Freedom of Movement: Government guidelines allow those whose asylum application has been denied and are to be deported to be detained for up to six months, during which a judge monthly examines the legitimacy of the detention. If the authorities cannot deport the detained individual within this time period, he or she is released. Authorities can, however, detain the individual for up to a maximum of 18 months on exceptional grounds, such as security concerns, with approval from the court. Detainees have access to a lawyer and can appeal the detention at any time. The Ministry of Justice estimated the average detention span is two months. In the Netherlands, Amnesty International, the Dutch Refugee Council, and other NGOs asserted that persons denied asylum and irregular migrants were regularly subjected to lengthy detention before deportation even when no clear prospect of actual deportation existed.

Durable Solutions: In the Netherlands, the government accepted up to 500 refugees per year for resettlement through UNHCR, and the governments of the Dutch Caribbean accepted up to 250 each. In 2019 the government also relocated up to 350 Syrians from refugee camps in Turkey under the terms of the EU agreement with Turkey. Most of the persons granted residency permits on Curacao and Aruba were from Venezuela. The governments provided financial and in-kind assistance to refugees or asylum seekers who sought to return to their home country voluntarily. Sint Maarten does not receive a significant number of applications from refugees or asylum seekers for residency permits; of those, most were from the northern Caribbean, not Venezuela. The laws in all parts of the kingdom provide the opportunity for non-Dutch persons to gain citizenship.

Temporary Protection: The government of the Netherlands provided temporary protection to individuals who did not qualify as refugees. According to Eurostat data, in 2019 it provided subsidiary protection to 2,355 persons and humanitarian status to 680 others.

g. Stateless Persons

During the year, Statistics Netherlands reported the registration of 45,947 persons under “nationality unknown,” which also included stateless persons. The laws in all parts of the kingdom provide the opportunity for stateless persons to gain citizenship.

Some newborns of undocumented Venezuelan parents on Curacao risked becoming stateless, because neither the local government nor the Venezuelan consulate issues birth certificates to undocumented persons.

The constitution and laws in the entire kingdom provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: Observers considered the January 9 parliamentary elections on Sint Maarten free and fair. Observers also considered the 2017 parliamentary elections for seats in the Second Chamber of the Netherlands free and fair.

Participation of Women and Members of Minority Groups: No laws limit participation of women or members of minorities in the political process in the kingdom, and they did participate.

The laws in the entire kingdom provide criminal penalties for corruption by officials, and the governments generally implemented the laws effectively. There were isolated reports of corruption in the kingdom’s governments during the year.

Corruption: On May 15, Theo Heyliger, a former member of Sint Maarten’s parliament, was sentenced to five years’ imprisonment for accepting bribes related to construction projects. Two other defendants received lesser sentences in the same case.

A large-scale investigation of 23 million intercepted messages among criminals on the encrypted Encrochat chat service brought to light corruption among police in the Netherlands, such as officers allegedly leaking police information to organized criminals via the chat service. The chief of the National Police announced September 16 the establishment of a special team in the National Investigation Service to investigate the matter. He anticipated this would result in criminal investigations and stated that, if necessary, police would intensify efforts to combat internal corruption.

Financial Disclosure: The laws throughout the kingdom do not require income and asset disclosure by officials. In 2019 the evaluation of the Council of Europe’s Group of States against Corruption noted that prospective cabinet ministers are expected to discuss potential conflicts of interest with their future prime minister during the formation of a new government, but these declarations are not made public and do not cover holdings or offices held by the candidate minister’s family members. For most senior government positions, each ministry has its own regulations governing conflicts of interest.

Throughout the kingdom a variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were often cooperative and responsive to their views.

Government Human Rights Bodies: A citizen of the Netherlands may bring any complaint before the national ombudsperson, the Netherlands Institute for Human Rights (NIHR), the Commercial Code Council, or the Council of Journalism, depending on circumstances. The NIHR acted as an independent primary contact between the Dutch government and domestic and international human rights organizations.

Citizens of Curacao and Sint Maarten may bring any complaint before their national ombudsperson. All citizens of the Dutch Caribbean islands can direct complaints to their public prosecutors or to NGOs.

Women

Rape and Domestic Violence: The law in all parts of the kingdom criminalizes rape for both men and women, including spousal rape, and domestic violence. The penalty in the Netherlands for rape is imprisonment not exceeding 12 years, a substantial monetary fine, or both. In the case of violence against a spouse, the penalty for various forms of abuse can be increased by one-third. In Aruba the penalty for rape is imprisonment not exceeding 12 years, a substantial monetary fine, or both. Authorities effectively prosecuted such crimes.

The government estimated that every year approximately 200,000 persons are confronted with serious and repeated domestic violence. It used various tools to tackle and prevent domestic violence, including providing information, restraining orders for offenders, and protection of victims. Reliable crime statistics were not available for the islands.

In April the government budgeted 59.1 million euros ($71 million) available in 2021 to tackle domestic violence and child abuse. It continued funding for Safe Home, a knowledge hub and reporting center for domestic abuse with 26 regional branches, as the national platform to prevent domestic violence and support victims. The center operated a national 24/7 hotline for persons affected by domestic violence. The government supported the organization Movisie, which assisted survivors of domestic and sexual violence, trained police and first responders, and maintained a website on preventing domestic violence.

Female Genital Mutilation/Cutting (FGM/C): The government published in February a new action agenda to combat harmful practices against women, including FGM/C, forced marriage, and honor-related violence. No FGM/C cases have been reported to have occurred within the Netherlands. The action agenda outlines ways to identify and prevent girls from being taken to other countries to undergo FGM/C and to assist Dutch national victims abroad.

Other Harmful Traditional Practices: Honor-related violence is treated as regular violence for the purposes of prosecution and does not constitute a separate offense category. Laws against violence were enforced effectively in honor-related violence cases, and victims were permitted to enter a specialized shelter.

Sexual Harassment: The law penalizes acts of sexual harassment throughout the kingdom and was enforced effectively. The penalty in the Netherlands is imprisonment not exceeding eight years, a substantial monetary fine, or both. The law requires employers to protect employees against aggression, violence, and sexual intimidation. In the Netherlands complaints against employers who failed to provide sufficient protection can be submitted to the NIHR. Victims of sexual assault or rape in the workplace can report the incidents to police as criminal offenses.

In Curacao the Victims Assistance Foundation assists survivors. In Sint Maarten no central institution handles sexual harassment cases. According to the law, substantive civil servant law integrity counselors must be appointed for each ministry. These integrity counselors advise civil servants on integrity matters, and the responsible minister must act on the complaint. Aruban law states the employer shall ensure the employee is not sexually harassed in the workplace. Employers are required to keep the workplace free from harassment by introducing policies and enforcing them. Sint Maarten and Curacao also have laws prohibiting stalking.

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

Some religious and cultural communities discouraged premarital sex, the use of contraception, or both. Although no government policies or legal, social, or cultural barriers adversely affect access to skilled health attendance during pregnancy and childbirth in the Dutch Caribbean islands, in Aruba and Curacao, there are legal barriers for the large population of undocumented migrants that do not have access to the public health insurance system.

The government provides 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: Under the law women throughout the kingdom have the same legal status and rights as men, including under family, religious, personal status, labor, property, nationality, and inheritance laws. The governments enforced the law effectively, although there were some reports of discrimination in employment.

Children

Birth Registration: Throughout the kingdom citizenship can be derived from either the mother or the father, but not through birth on the country’s territory. Births are registered promptly.

Child Abuse: There are laws against child abuse throughout the kingdom. The penalties depend on the details and context of the case and can reach up to 12 years in prison. A multidisciplinary task force in the Netherlands acts as a knowledge hub and facilitates interagency cooperation in combatting child abuse and sexual violence. The children’s ombudsman headed an independent bureau that safeguards children’s rights and calls attention to abuse. Physicians are required to report child abuse to authorities.

Aruba has a child abuse reporting center. In Curacao physicians are not required to report to authorities instances of abuse they encounter, but hospital officials reported indications of child abuse to authorities. In Sint Maarten the law addresses serious offenses against public morality, abandonment of dependent persons, serious offenses against human life, and assault that apply to child abuse cases.

The Public Prosecutor Offices in the Dutch Caribbean provide information to victims of child abuse concerning their rights and obligations in the juvenile criminal law system.

Child, Early, and Forced Marriage: The legal minimum age for marriage is 18 in all parts of the kingdom. In the Netherlands and Aruba, there are two exceptions: if the persons concerned are older than 16 and the girl is pregnant or has given birth, or if the minister of justice and security in the Netherlands or the minister of justice in Aruba grants a dispensation based on the parties’ request.

Sexual Exploitation of Children: Throughout the kingdom, the law prohibits commercial sexual exploitation of children as well as production, possession, and distribution of child pornography, and authorities enforced the law. The minimum age of consent is 16 in the Netherlands, Curacao, and Aruba and 15 in Sint Maarten. The Netherlands is a source country of child sex tourists. The government continued to implement a national plan against child sex tourism and screened for potential child sex tourists at airports in cooperation with foreign governments. An offender can be tried in the Netherlands even if the offense takes place abroad.

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

Anti-Semitism

The Liberal Jewish Community, the largest Jewish community in the Netherlands, estimated the Jewish population in the Netherlands at 40,000 to 50,000.

In February the NGO Center for Information and Documentation on Israel (CIDI), the main chronicler of anti-Semitism in the Netherlands, reported 182 anti-Semitic incidents in 2019, an increase of 34 percent over 2018, as well as 127 incidents online. Most occurred within the victims’ regular life routine, such as at school or work or in the company of persons the victims knew. Common incidents included vandalism, physical abuse, verbal abuse, and hate emails. The most common form of vandalism was swastikas scratched or painted on cars, walls, or buildings, sometimes in combination with a Star of David or texts such as “Heil Hitler.” Persons recognized as Jewish because of their religious attire were targeted occasionally in direct confrontations. A significant percentage of anti-Semitic incidents concerned calling somebody a “Jew” as a common derogatory term. In one case, the Royal Dutch Football Association suspended a youth soccer coach in Amsterdam for harassing an 11-year-old Jewish player over the boy’s religion, including referring to him as “cancer Jew.”

CIDI claimed the registered incidents were likely only a small portion of the number of all incidents and pointed to research by the EU Fundamental Rights Agency in 2018 that concluded only 25 percent of Jews who were victims of anti-Semitism in the past five years reported incidents or filed complaints to police.

Three-quarters of anti-Semitic incidents reviewed by the Prosecutor’s Office’s National Expertise Center for Discrimination and police in 2019 related to anti-Semitic statements and chants by soccer fans, mostly concerning the Amsterdam soccer team Ajax, whose fans and players are nicknamed “Jews.”

In 2019 MiND Nederland reported it received 75 complaints of Dutch-language anti-Semitic expressions on the internet, which constituted 11 percent of all reported discriminatory expressions it received that year but were fewer than in the previous year. The organization gave no explanation for the decrease. CIDI reported an increase in complaints of anti-Semitic expressions on the internet it received from 95 in 2018 to 127 in 2019. At the request of CIDI, Kantar, a data analytics consultancy, analyzed approximately 750 Dutch-language anti-Semitic tweets and 300 websites from the year 2019. It found that two-thirds of anti-Semitic messages on Twitter were posted under the guise of criticism of Israel or Zionism, but they often displayed classic anti-Semitic stereotypes.

Dutch government ministers regularly met with the Jewish community to discuss appropriate measures to counter anti-Semitism. Government efforts included raising the issue of anti-Semitism within the Turkish-Dutch community, setting up a national help desk, organizing roundtables with teachers, reaching out to social media groups, promoting an interreligious dialogue, and conducting a public information campaign against discrimination and anti-Semitism.

In July the Second Chamber adopted a plan of action with the aim to counter anti-Semitism more effectively which included appointing a National Coordinator to Combat Anti-Semitism, setting up a pilot program to deploy specialized detectives to investigate anti-Semitic incidents, and increasing attention to the problem of anti-Semitism in training of teachers and youth care.

In 2019 the Dutch railway announced it would pay individual compensation for damages to approximately 5,000-6,000 Holocaust survivors and their surviving spouses and children for the company’s role in transporting victims to the Westerbork transit camp during the war. The application deadline for the Netherlands national railway’s individual compensation program for Holocaust victims was August 5. On June 26, the railway announced it would donate five million euros ($6 million) to Holocaust remembrance sites as a “collective expression of recognition” of all 102,000 victims. The Jewish community criticized the railway for not consulting with them on the decision.

The government, in consultations with stakeholders, also established measures to counter harassing and anti-Semitic chanting during soccer matches. The Anne Frank Foundation continued to manage government-sponsored projects, such as the Fan Coach project to counter anti-Semitic chanting and the Fair Play project to promote discussion on discrimination.

The government assisted local organizations with projects to combat anti-Semitism by providing information and encouraging exchange of best practices among key figures from the Jewish and Muslim communities.

The Jewish populations in the Dutch Caribbean are small. There were no reports of anti-Semitic acts there.

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

Laws throughout the kingdom ban discrimination against persons with physical, sensory, intellectual, and mental disabilities. In the Netherlands the law requires equal access to employment, education, transportation, housing, and goods and services. It requires that persons with disabilities have access to public buildings, information, and communications, and it prohibits making a distinction in supplying goods and services. The law provides criminal penalties for discrimination and administrative sanctions for failure to provide access.

Government enforcement of rules governing access was inadequate. Public buildings and public transport were not always accessible, sometimes lacking access ramps.

In the Dutch Caribbean, a wide-ranging law prohibiting discrimination was applied to persons with physical, sensory, intellectual, and mental disabilities in employment, education, health care, transportation, and the provision of other government services. Some public buildings and public transport were not accessible to persons with physical disabilities.

Human rights observers from UNICEF noted that in Curacao, persons with disabilities had to rely on improvised measures to access buildings and parking areas, as well as to obtain information.

Not all schools in Sint Maarten were equipped for children with a range of physical disabilities, even though the government reported that all children with physical disabilities had access to public and subsidized schools.

Members of National/Racial/Ethnic Minority Groups

The laws throughout the kingdom prohibit racial, national, or ethnic discrimination.

Various monitoring bodies in the Netherlands reported that the largest percentage (39 percent) of incidents of discrimination registered with police in 2019 had to do with a person’s origin, including color and ethnicity. Almost all of these incidents concerned persons of non-Western backgrounds, including Turks and Moroccans. Police reported that of these incidents, 15 percent involved physical violence, although in most cases this did not go beyond pushing and shoving. According to the NIHR, discrimination on racial and ethnic grounds occurred in virtually every sphere (see also Other Societal Violence or Discrimination in this section).

Following the global and domestic outbreaks of COVID-19 in the spring, members of the Dutch Asian community reported increased discrimination in the form of insults, jokes, threats, violence, and vandalism, linking Asian ethnicity with the spread of coronavirus. In early February the local radio channel Radio 10 played the song, “Prevention is Better than Chinese,” the lyrics of which linked COVID-19 infections with Chinese persons and eating Chinese food. After an outcry against the song, the radio station apologized for playing it; the Public Prosecutor’s Office found no criminal offense was committed in playing the song. A group of youth attacked a Dutch woman of Chinese descent in Tilburg February 22 after she requested the group to stop singing the Radio 10 song. The woman told media she received a concussion and several cuts from the attack. Over 57,000 individuals signed the online petition, “We are not the Virus,” which called for the end of COVID-related racial discrimination in the country. In an April 14 letter to parliament, Health Minister De Jonge stated the cabinet found discrimination along these lines unacceptable.

During the summer, demonstrations against police brutality and racism abroad triggered numerous antiracism demonstrations throughout the Netherlands and heated debate among politicians and in media. During a June 3 parliamentary debate, Prime Minister Mark Rutte admitted that racism is a major problem in the Netherlands and spoke of “systemic racism,” particularly in the labor market and in education, but also within institutions like police and the tax authority. The government reached out to the domestic Black Lives Matter group and other diversity and ethnic-based organizations to discuss how to counter racism more effectively.

Another source of debate on racism was the traditional figure of Black Pete, the assistant to St. Nicholas during the annual celebration for children on December 5. For years antiracism campaigners protested the Black Pete tradition of blackface as an offensive relic of colonial times. In June Prime Minister Mark Rutte conceded that he realized the tradition has offended many persons of color. He stated it was not up to the government to abolish Black Pete, predicting that Black Pete would no longer be part of festivities in a few years on its own because local municipalities were increasingly opting not to include a blackface Black Pete or opting for substitutes such as Rainbow Black Pete. Meanwhile, more communities discontinued blackface Black Pete in the traditional St. Nicholas parades; major department stores and online retailers stopped selling products showing the blackface Black Pete image, while Facebook and Instagram announced a ban on blackface images in August. According to a survey issued on December 2 by I&O Research, a research consultancy, 39 percent of respondents said blackface Black Pete should remain part of St. Nicholas festivities, down from 65 percent of respondents surveyed four years ago.

In the Netherlands police received training on avoiding ethnic or racial profiling, although Amnesty International continued to criticize the lack of monitoring to assess the training’s effectiveness. The government put into place more effective procedures to process reports of discrimination and assist victims, including an independent complaints committee.

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

Throughout the kingdom the laws prohibit discrimination against LGBTI persons in housing, employment, nationality laws, and access to government services such as health care. The governments generally enforced those laws.

The law explicitly prohibits discrimination on grounds of sex characteristics, gender identity, and gender expression. The government urged institutions and companies to stop unnecessary registration of gender.

The law allows for higher penalties for violence motivated by anti-LGBTI bias. There were hundreds of reports of anti-LGBTI discrimination. In 2019, 29 percent of incidents of discrimination registered by police concerned sexual orientation. Of those incidents, 62 percent concerned verbal abuse, 17 percent physical abuse, and 16 percent threats of violence. It continued to be common practice for police to be insulted with the use of LGBTI slurs. Prosecutions were rare; many incidents were not reported allegedly because victims often believed that nothing would be done with their complaint (see also section 2.f.).

The Dutch government apologized December 1 for the now-defunct Transgender Act, which from 1985 to 2014 forced transgender individuals to undergo sterilization or gender reassignment if they wished to change their sex on their birth certificate legally. In a letter to parliament, Education Minister Ingrid van Engelshoven and Legal Protection Minister Sander Dekker acknowledged the law led to serious suffering. They also presented a financial compensation program of 5,000 euros ($6,000) for each of the estimated 2,000 persons affected by the law. Transgender and human rights advocates welcomed the government’s apology and recognition of those who suffered under the law.

The Transgender Network Netherlands worked with authorities and NGOs to advance the rights of transgender persons and to combat discrimination. The group continued to promote an action plan to increase labor participation of transgender persons.

Police had a Netherlands-wide network of units dedicated to protecting the rights of LGBTI persons. The city of Amsterdam’s informational call center is dedicated to increasing safety for LGBTI persons. The Ministry of Justice and Security sponsored a campaign in LGBTI-oriented media to encourage victims to report incidents and file complaints with police.

Other Societal Violence or Discrimination

In the Netherlands the Muslim community of approximately 900,000 persons faced frequent physical and verbal attacks, acts of vandalism, discrimination, and racism, as did members of other minority and immigrant groups. In 2019 police registered 225 incidents on the grounds of religion, mainly against Muslims out of a total of 5,487 discriminatory incidents. Multiple incidents concerned harassment of women on the street because they were wearing a headscarf, as well as incidents involving anti-Muslim stickers and posters. Violent incidents, however, were rare.

The Dutch government, including the Office of the National Coordinator for Counterterrorism and Security as well as city authorities closely monitored threats directed at Islamic institutions, including approximately 500 mosques. In 2019, 12 incidents at mosques were reported. Authorities supported mosques in enhancing security and provided ad hoc security if required.

a. Freedom of Association and the Right to Collective Bargaining

The laws in all parts of the kingdom provide for public- and private-sector workers to form or join independent unions of their own choosing without prior governmental authorization or excessive requirements. The law provides for collective bargaining. Unions may conduct their activities without interference.

The law prohibits antiunion discrimination and retaliation against legal strikers. It requires workers fired for union activity to be reinstated. The law restricts striking by some public-sector workers if a strike threatens the public welfare or safety. Workers must report their intention to strike to their employer at least two days in advance.

The governments effectively enforced applicable laws. Penalties were commensurate with those for other laws involving denials of civil rights, such as discrimination. Throughout the kingdom the government, political parties, and employers respected the freedom of association and the right to bargain collectively. Authorities effectively enforced applicable laws related to the right to organize and collective bargaining.

b. Prohibition of Forced or Compulsory Labor

Throughout the kingdom the law prohibits all forms of forced or compulsory labor, and the governments enforced it. The penalty for violating the law against forced labor ranges from 12 years’ imprisonment in routine cases to 18 years’ imprisonment in cases where the victim incurs serious physical injury and life imprisonment in cases where the victim dies. These penalties were commensurate with those for other analogous serious crimes, such as kidnapping.

Enforcement mechanisms and effectiveness varied across the kingdom. In the Netherlands the Inspectorate for Social Affairs and Employment investigated cases of forced or compulsory labor. The inspectorate worked with various agencies, such as police, and NGOs to identify possible cases. After completion of an investigation, cases were referred to the Public Prosecutor’s Office. On the islands of the Dutch Caribbean, labor inspectors together with representatives of the Department for Immigration inspected worksites and locations for vulnerable migrants and indicators of trafficking. In Sint Maarten the lack of standard procedures for frontline responders to identify forced labor victims hindered the government’s ability to assist such persons.

Isolated incidents of forced or compulsory labor occurred in the kingdom. Victims of coerced labor included both domestic and foreign women and men, as well as boys and girls (see section 7.c.) forced to work in, among other sectors, agriculture, horticulture, catering, domestic servitude and cleaning, the inland shipping sector, and forced criminality (including illegal narcotics trafficking). Refugees and asylum seekers, including unaccompanied children, are vulnerable to labor trafficking.

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

c. Prohibition of Child Labor and Minimum Age for Employment

In the Netherlands the law prohibits the worst forms of child labor, and there were no reports of child labor. The government groups children into three age categories for purposes of employment: 13 to 14; 15; and 16 to 17. Children in the youngest group are allowed to work only in a few light, nonindustrial jobs and only on nonschool days. As children become older, the scope of permissible jobs and hours of work increases, and fewer restrictions apply. The law prohibits persons younger than 18 from working overtime, at night, or in hazardous situations. Hazardous work differs by age category. For example, children younger than 18 are not allowed to work with toxic materials, and children younger than 16 are not allowed to work in factories. Holiday work and employment after school are subject to very strict rules set by law. The government effectively enforced child labor laws. Penalties were commensurate with those for other analogous serious crimes, such as kidnapping.

Aruba’s law prohibits the worst forms of child labor. In Aruba the minimum age for employment is 15. The rules differentiate between “children” and “youngsters.” Children are boys and girls younger than 15, and youngsters are persons between the ages of 15 and 18. Children age 13 or older who have finished elementary school may work if doing so is necessary for learning a trade or profession (apprenticeship), not physically or mentally taxing, and not dangerous. Penalties range from fines to imprisonment, which were adequate to deter violations. The government enforced child labor laws and policies with adequate inspections of possible child labor violations.

Curacao’s law prohibits the worst forms of child labor. The island’s minimum age for employment is 15. The rules differentiate between children and youngsters. Children are those younger than 15, and youngsters are persons between the ages of 15 and 18. Children age 12 or older who have finished elementary school may work if doing so is necessary for learning a trade or profession (apprenticeship), not physically or mentally taxing, and not dangerous. The penalty for violations is a maximum four-year prison sentence, a fine, or both, which was adequate to deter violations.

Sint Maarten’s law prohibits the worst forms of child labor. In Sint Maarten the law prohibits children younger than 14 from working for wages. Special rules apply to schoolchildren who are 16 and 17 years of age. The law prohibits persons younger than 18 from working overtime, at night, or in activities dangerous to their physical or mental well-being. Penalties ranged from fines to imprisonment and were adequate to deter violations. The government effectively enforced the law.

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations throughout the kingdom prohibit discrimination in employment and occupation, and the governments effectively enforced the laws. The law applies to all refugees with residency status. Penalties were commensurate to laws related to civil rights, such as election interference.

The NIHR, which covers the Netherlands, Bonaire, Saba, and Sint Eustatius, focused on discrimination in the labor market, such as discrimination in the workplace, unequal pay, termination of labor contracts, and preferential treatment of ethnically Dutch employees. Although the NIHR’s rulings are not binding, they were usually adhered to by parties. In 2019, 49 percent of the cases addressed by the NIHR were cases of possible labor discrimination. For example, NIHR judged that an information technology company discriminated on the grounds of age by soliciting applications in the age category of 25 to 35. It also found a mental health institution guilty of discrimination for not extending a contract of an employee because she became pregnant. Plaintiffs may also take their cases to court, but the NIHR was often preferred because of a lower threshold to start a case. The Inspectorate for Social Affairs and Employment conducted inspections to investigate whether policies were in place to prevent discrimination in the workplace. The law addresses requirements for employers to accommodate employees with disabilities, and the government worked to improve the position of persons with disabilities in the labor market (see section 6).

Discrimination occurred in the Netherlands, including on the basis of race and sex. The country’s nationals with migrant backgrounds faced numerous barriers when looking for work, including lack of education, lack of Dutch language skills, and racial discrimination. According to Statistics Netherlands, the unemployment rate of persons of non-Western background during 2019 was more than twice that of ethnic Dutch, while the unemployment rate among youths with a non-Western background was almost three times higher than among ethnic Dutch youth. The government continued to implement a program–Further Integration on the Labor Market–to improve the competitiveness of those with a migrant background seeking work in the Netherlands. The program set up eight different pilot projects to identify which interventions would better increase labor market participation among these populations.

Discrimination in employment and occupation also occurred with respect to race, religion, and disability. The NIHR reported in 2019 at least 37 claims of discrimination in employment related to pregnancy. Female unemployment was higher than male, and female incomes lagged behind those of male counterparts.

There were no reports of labor discrimination cases on Curacao, Aruba, or Sint Maarten.

e. Acceptable Conditions of Work

In the Netherlands the minimum wage for an adult older than 21 was sufficient for a single-person household but inadequate for a couple with two children, according to the government. The government effectively enforced wage laws. Penalties were commensurate with those for similar crimes, such as fraud.

In Aruba, Curacao, and Sint Maarten, the monthly minimum wage was considered sufficient to ensure a decent living for workers, according to the three governments.

In the Netherlands the law does not establish a specific number of hours as constituting a full workweek, but most workweeks were 36, 38, or 40 hours long. Collective bargaining agreements or individual contracts, not law, regulate overtime. The legal maximum workweek is 60 hours. During a four-week period, a worker may only work 55 hours a week on average or, during a 16-week period, an average of 48 hours a week, with some exceptions. Persons who work more than 5.5 hours a day are entitled to a 30-minute rest period.

In the Netherlands the government set occupational health and safety (OSH) standards across all sectors. OSH standards were appropriate for primary industries and frequently updated. The situation was similar in Aruba, Curacao, and Sint Maarten. In Sint Maarten the government established guidelines for acceptable conditions of work in both the public and private sectors. These guidelines covered specific concerns, such as ventilation, lighting, hours, and terms of work. The ministries of labor in the kingdom reviewed and updated the guidelines and routinely visited businesses to ensure employer compliance.

In the Netherlands the Inspectorate for Social Affairs and Employment effectively enforced the labor laws on conditions of work across all sectors, including the informal economy. Penalties for violations of OSH laws were commensurate with those for crimes like negligence. The inspectorate can order companies to cease operations due to safety violations or shut down fraudulent temporary employment agencies that facilitate labor exploitation.

Most violations in the Netherlands were in temporary employment agencies that mainly hired workers from Eastern Europe, particularly in the construction and transportation sectors, without paying the minimum wage. The situation was similar in Aruba, Curacao, and Sint Maarten, although the underpaid workers were generally from Latin America.

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

There were no reports that the government or its agents committed arbitrary or unlawful killings.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices. There were reports of problems, however, with police misconduct and corrections officer abuse of prisoners. The law lacks a clear legal definition of torture, but all actions that could be considered “torture” are prohibited under other provisions of law and prosecuted consistent with the country’s obligations under international treaties and conventions prohibiting torture. The law outlines disciplinary actions for police, including reprimand, demotion in rank, and dismissal. Civil society groups noted cases of police misconduct against persons in custody.

On February 19, the Wroclaw District Court upheld the conviction of four former police officers who were found guilty of abuse of power and physical and psychological violence against a 25-year-old man who died in police custody in Wroclaw in 2016. Video footage showed police beating and using an electroshock device on the man while he was handcuffed in a jail cell. One defendant was sentenced to two and a half years in prison, and the others received two-year sentences. In addition, the court ruled the defendants could not work as police officers for eight and six years, respectively.

On September 9, the National Preventive Mechanism (NPM) operating under the office of the commissioner for human rights (ombudsperson) published a report on police action against a group of demonstrators who held a spontaneous gathering on August 7, following the detention of an activist associated with the lesbian, gay, bisexual, transgender, or intersex community. The report described the treatment of detainees by police as “degrading” and in some cases “inhuman” (see section 6, Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity).

Impunity was not a significant problem in the security forces.

Prison and Detention Center Conditions

Prison and detention center conditions were adequate. There were no significant reports regarding prison or detention center conditions that raised human rights concerns. Nonetheless, insufficient prison medical staff and limited prisoner access to specialized medical treatment continued to be problems.

Physical Conditions: While authorities generally separated juveniles from adults, the law allows shared housing in prisons and detention centers in exceptional cases. Juveniles were at times held together with adult prisoners. Authorities usually sent juveniles between the ages of 17 and 21 accused of serious crimes to pretrial detention.

The law permits authorities to commit prisoners to the National Center for the Prevention of Dissocial Behaviors when they have served their prison sentences and have undergone a custodial therapy program, and continue to have mental disabilities believed to create a high probability they would commit another serious crime against a person.

Administration: Authorities investigated credible allegations of inhuman conditions and made their findings publicly accessible. The country’s human rights ombudsperson may join proceedings in civil and administrative courts on behalf of prisoners and detainees, either when they file a complaint or when information obtained otherwise leads to an allegation of inhuman conditions. The ombudsperson administers the NPM, an independent program responsible for monitoring conditions and treatment of detainees in prisons and detention facilities.

Independent Monitoring: The government allows on a regular basis independent monitoring of prison conditions and detention centers by local human rights groups as well as by the Council of Europe’s Committee for the Prevention of Torture and Inhuman or Degrading Treatment. The Helsinki Human Rights Foundation and other local nongovernmental organizations (NGOs) made occasional visits to prisons. Prison authorities, however, limited access to prisons during the COVID-19 pandemic due to sanitary restrictions.

Improvements: The government continued implementation of a two-billion-zloty ($516 million), four-year (2017-20) prison administration modernization plan to improve the security of detention facilities, prison infrastructure, and working conditions for prison guards.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge in court the lawfulness of his or her arrest or detention, and the government generally observed these requirements.

Arrest Procedures and Treatment of Detainees

The constitution and law require authorities to obtain a court warrant based on evidence to make an arrest, and authorities generally complied with the law. The constitution and law allow detention of a person for 48 hours before authorities must file charges and an additional 24 hours for the court to decide whether to order pretrial detention. The law allows authorities to hold terrorism suspects without charges for up to 14 days. The law sets a five-day limit for holding a juvenile in a police establishment for children if the juvenile escaped from a shelter or an educational or correctional facility. It allows police to hold for up to 24 hours in a police establishment a juvenile who is being transferred to a shelter or an educational or correctional facility, in the case of a “justified interruption of convoy.” The law provides that police should immediately notify a detained person of the reasons for his or her detention and of his or her rights. Usually this information is initially delivered orally; later, at the police station, the detainee signs a statement that he or she has been advised of his or her rights and duties. Police give the detained person a copy of the report on his or her detention. Authorities generally respected these rights. Only a court may order pretrial detention.

There is a functioning bail system, and authorities released most detainees on bail. Defendants and detainees have the right to consult an attorney at any time. The government provided free counsel to indigent defendants.

During the last five years, the number of those placed in pretrial detention steadily grew from 4,162 at the end of 2015 to 9,291 as of August 31. In its 2019 report, the Helsinki Human Rights Foundation argued that prosecutors overly relied upon the system of pretrial detention. According to Court Watch Poland’s 2019 report, pretrial detention was often used as the default preventive measure, and judges often deferred to prosecutors’ motions to place detainees in pretrial detention, without considering the use of other preventive measures such as bail, passport seizure, or police supervision. According to the Court Watch report, judges approved 90 percent of prosecutors’ motions for pretrial detention.

e. Denial of Fair Public Trial

While the constitution provides for an independent judiciary, the government continued to implement judiciary-related measures that drew strong criticism from the European Commission, some legal experts, NGOs, and international organizations. The government argued reforms were necessary to improve efficiency in the judicial system and accountability.

On April 8, the European Court of Justice (ECJ) issued interim measures ordering the government to suspend the work of the Supreme Court Disciplinary Chamber with regard to disciplinary cases against judges. The ECJ is evaluating an infringement proceeding launched by the European Commission in April 2019 and referred to the ECJ in October 2019. The commission argued that the country’s disciplinary regime for judges “undermines the judicial independence of…judges and does not ensure the necessary guarantees to protect judges from political control, as required by the Court of Justice of the EU.” The commission stated the disciplinary regime did not provide for the independence and impartiality of the Disciplinary Chamber, which is composed solely of judges selected by the restructured National Council of the Judiciary, which is appointed by the Sejm. The ECJ has yet to make a final ruling. The European Commission and judicial experts complained the government has ignored the ECJ’s interim measures.

On April 29, the European Commission launched a new infringement procedure regarding a law that came into effect on February 14. The law allows judges to be disciplined for impeding the functioning of the legal system or questioning a judge’s professional state or the effectiveness of his or her appointment. It also requires judges to disclose memberships in associations. The commission’s announcement stated the law “undermines the judicial independence of Polish judges and is incompatible with the primacy of EU law.” It also stated the law “prevents Polish courts from directly applying certain provisions of EU law protecting judicial independence and from putting references for preliminary rulings on such questions to the [European] Court of Justice.” On December 3, the commission expanded its April 29 complaint to include the continued functioning of the Disciplinary Chamber in apparent disregard of the ECJ’s interim measures in the prior infringement procedure.

According to Justice Ministry statistics, the average trial lasted 5.4 months in 2018, compared with 5.5 months in 2017 and 4.7 months in 2016. The EU Justice System Scoreboard reported the courts had become less efficient. In 2010 the court of first instance took an average of 49 days to issue a ruling. In 2017 the average increased to 73 days. Some legal experts cited these statistics as evidence that the government’s judicial changes did not lead to greater judicial efficiency.

Trial Procedures

The constitution provides for the right to a fair and public trial, and an independent judiciary generally enforced this right. Defendants enjoy a presumption of innocence and the right to prompt and detailed notification of the charges against them throughout the judicial process, with free interpretation for defendants who do not speak Polish. They have the right to a fair and public trial without undue delay and the right to be present at their trial. Trials are usually public, although the courts reserve the right to close a trial in some circumstances, including divorce proceedings, cases involving state secrets, and cases whose content may offend public morality.

Due to the COVID-19 pandemic, courts suspended regular operations in April and May. After reopening in June, courts considerably limited public access to hearings due to the continuing pandemic. According to a September 25 Court Watch Poland report, some courts continued to ban audiences after reopening, while others limited numbers of external participants. In June, 36 percent of courts surveyed fully banned public access, 44 percent of courts introduced entry passes, and 17 percent limited the number of observers allowed to participate in the hearing. In August, 12 percent of courts surveyed did not allow the public to participate in hearings, 54 percent required entry passes, and 17 percent limited the number of those participating in the hearing. According to Court Watch Poland, the regulations to ban audiences from hearings violated the constitution, which requires judgments to be announced publicly.

Defendants have the right to legal representation, and indigent defendants may consult an attorney provided without cost. The government must provide defendants and their attorneys adequate time and facilities to prepare a defense. Defendants may confront and question witnesses and present witnesses and evidence on their own behalf. Prosecutors may grant witnesses anonymity if they express fear of retribution from defendants. The prosecutor general may release to media information concerning any investigation, except if such information is classified, with due consideration to important public interests. Defendants may not be compelled to testify or confess guilt.

After a court issues a verdict, a defendant has seven days to request a written statement of the judgment; courts must provide a response within 14 days. A defendant has the right to appeal a verdict within 14 days of the response. A two-level appeal process is available in most civil and criminal matters.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

Individuals or organizations may seek civil remedies for human rights violations. The government’s implementation of court orders, particularly for payment of damages, remained slow and cumbersome.

After they exhaust remedies available in the domestic courts, persons have the right to appeal court decisions involving alleged government violations of the European Convention on Human Rights to the European Court for Human Rights.

The 2015 and 2016 disputes regarding judicial appointments to the Constitutional Tribunal remained unresolved.

Property Restitution

The law provides for restitution of communal property, such as synagogues and cemeteries, seized under Nazi occupation or during the Communist era, but the process proceeded slowly. The property commissions have resolved 7,173 of slightly more than 10,500 communal property claims by religious groups. Heirless property reverts to the state.

The government has put in place legal and administrative procedures for private property restitution, but NGOs and advocacy groups reported it did not make significant progress on resolution of Holocaust-era claims, including for foreign citizens. No comprehensive law addresses the return of, or compensation for, private property, but individuals may seek the return of confiscated private property through administrative proceedings and courts. NGOs and advocacy groups described the process as cumbersome and ineffective.

During the presidential campaign on July 8, President Andrzej Duda addressed the issue of restitution, stating the government would not pay damages for heirless property and declaring he would not accept any law that would privilege any ethnic group over others. He continued, “If someone wants compensation, please turn to those who caused World War II.”

On September 17, parliament adopted further amendments to the Warsaw-specific 2015 law intended to end abusive practices in the trading of former property owners’ claims. Among other things the revised legislation establishes new grounds on which the City of Warsaw must refuse the return of properties, for reasons outside claimants’ control. The president signed the legislation on September 29. NGOs and advocacy groups expressed serious concerns that the 2015 law fell short of providing just compensation to former owners who lost property as a result of the nationalization of properties by the communist-era government, and also properties taken during the Holocaust era. Legal experts expressed concern that the law limited the ability of petitioners to reclaim property unjustly taken from their lawful owners. The World Jewish Restitution Organization asserted that the time limits included in the law were insufficient for potential claimants, particularly Holocaust survivors and their heirs, to meet difficult documentary requirements.

The Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 29, 2020, can be found on the Department’s website: https://www.state.gov/reports/just-act-report-to-congress/.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law prohibits such actions but allows electronic surveillance with judicial review for crime prevention and investigation. There were no reports that the government failed to respect those prohibitions.

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of speech and press, and the government generally respected these rights.

Freedom of Speech: The law prohibits hate speech, including the dissemination of anti-Semitic literature, the public promotion of fascist, communist, or other totalitarian systems, and the intentional offense of religious feelings.

Violence and Harassment: On February 3, the Warsaw regional court sentenced Michal Majewski, a Wprost weekly reporter, to a fine for protection of sources of information. The conviction refers to a 2014 incident, when Internal Security Agency officers tried to seize forcefully a laptop of one of the journalists who revealed a wiretapping scandal involving leading politicians. The Center for Monitoring Freedom of Speech at the Association of Polish Journalists criticized the conviction as a clear violation of freedom of speech. The ruling was subject to appeal.

On November 11, some police officers used violent crowd control measures against several journalists who were covering violent clashes between police and groups of hooligans during the annual Independence March that took place in Warsaw. Police shot one photojournalist in the face with a rubber bullet and used batons and a stun grenade against other journalists. After the incidents the government announced investigations into the police actions. On December 2, police officially apologized for the incidents and announced training for police officers.

Censorship or Content Restrictions: The constitution prohibits censorship of the press or social communication. Nevertheless, laws regulating broadcasting and media prohibit, under penalty of fines, license revocation, or other authorized sanctions, the promotion of activities endangering health or safety, or the promotion of views contrary to law, morality, or the common good. The law also requires that all broadcasts “respect the religious feelings of the audiences and, in particular, respect the Christian system of values.”

Critics alleged persistent progovernment bias in state television news broadcasts.

Libel/Slander Laws: Defamation by print and broadcast journalists is a criminal offense and includes publicly insulting or slandering the president, members of parliament, government ministers and other public officials, the Polish nation, foreign heads of state and ambassadors, private entities and persons, as well as insult or destruction of the national emblem, the flag, other state symbols, and monuments. Defamation outside media is punishable by a fine and community service. The courts rarely applied maximum penalties, and persons convicted of defamation generally faced fines or imprisonment of less than one year. The maximum sentence for insulting the president is three years’ imprisonment.

On August 5, police charged three persons with desecrating monuments and offending religious sentiment by placing rainbow flags on several monuments around Warsaw, including an historic religious statue standing in front of a Roman Catholic Church associated with Warsaw’s occupation. If convicted the three may face a fine for insulting the monuments and up to two years in prison for offending religious sentiment.

The Helsinki Foundation for Human Rights and the Association of Polish Journalists reported that journalists convicted of defamation had never received the maximum penalty. According to the Helsinki Foundation, however, the criminal defamation law may have a chilling effect on journalists, especially in local media, since local authorities may use the law against journalists. Media owners, particularly of small local independent newspapers, were aware that potentially large fines could threaten the financial survival of their publications. According to the Helsinki Foundation, there was a considerable increase in the number of convictions under the criminal defamation law over the last several years. The foundation observed that those seeking to protect their reputations were more likely to pursue criminal defamation charges than civil litigation. This may negatively affect the operation of local media outlets, which the foundation stated were often the only source of accountability for local officials. According to Ministry of Justice statistics for 2018, the most recent data available, courts convicted one person of insulting the president and three persons for insulting constitutional organs of the government. In 2018 the courts fined two persons for public defamation through media using the public prosecution procedure, when a private person presses criminal charges against another person. In 2018 there were 116 convictions for criminal defamation through media using the private prosecution procedure.

On September 2, the Supreme Court struck down a Lodz District Court judgment from February 2019 against investigative reporter Wojciech Biedron on charges of public insult of a judge for inaccurately reporting that a court had initiated disciplinary proceedings against the judge. The September 2 decision resulted from a complaint filed with the Supreme Court by the prosecutor general in September 2019. The case was sent back to the district court for a retrial.

Nongovernmental Impact: On July 7, unknown perpetrators vandalized the offices of the magazine Fakty Social Dialogue. The perpetrators wrote “Fakty TVN go away” on the office walls, apparently mistaking the magazine’s offices for those of private television station TVN’s flagship news program Fakty, which had broadcast criticism of the government. The magazine’s equipment and server room were destroyed, and hard drives from laptops and computers were stolen. The editor in chief of the magazine claimed the vandalism was the result of a campaign by the governing party against “opposition media.”

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications or email without appropriate legal authority. The law authorizes the (ABW) to block websites without a prior court order in cases relating to combating, preventing, and prosecuting terrorist crimes; shut down telecommunications networks when there is a terrorist threat; and conduct surveillance of foreign nationals for up to three months without a court order. During the year there were no reports by media or NGO sources that the ABW blocked websites.

The law against defamation applies to the internet as well.

Academic Freedom and Cultural Events

There were no reports of government restrictions on academic freedom or cultural events.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights. The law permits restrictions on public assemblies in situations of elevated terrorist threats. During the year there were no cases of the prohibition of a public assembly due to an elevated terrorist threat.

Due to the COVID-19 pandemic, on March 13, the government limited public assemblies to a maximum of 50 persons. From March 31 to May 29, due to a declared “state of epidemic,” the government introduced a total ban on public assemblies. From May 30 to October 16, public assemblies of up to 150 participants were allowed, except for so-called spontaneous gatherings organized without prior notification to local authorities. On October 17, new regulations entered into force that allowed public assemblies of up to 10 participants in regions of the country with the highest numbers of COVID-19 infections and 25 participants in the remaining parts of the country. On October 24, public assemblies were limited to five participants nationwide. In a speech to the Senate on November 27, the ombudsperson expressed concerns that police were increasingly using excessive means of direct coercion against demonstrators over the course of the pandemic and urged the Senate to work on a bill “to make the police more oriented towards observing human rights.”

On May 16, police detained more than 380 persons following a protest by entrepreneurs in Warsaw against government policy towards businesses during the COVID-19 pandemic. Police used tear gas to disperse the protest. The government punished 220 persons for violating social distancing restrictions, and five were charged with more serious crimes, including assaulting police officers.

On October 27, following several days of large public demonstrations against an October 22 Constitutional Court ruling restricting abortion, Law and Justice Party Chairman and Deputy Prime Minister Jaroslaw Kaczynski released a video statement claiming protest organizers and protesters themselves were committing a “serious crime” by protesting during a period of heightened COVID-19 infections in the country. He said authorities had an “obligation to oppose such events.”

c. Freedom of Religion

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

d. Freedom of Movement

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

In addition to guarded centers for foreigners, the government operated 10 open centers for asylum seekers with an aggregate capacity of approximately 1,900 persons in the Warsaw, Bialystok, and Lublin areas.

Abuse of Migrants, Refugees, and Stateless Persons: Some incidents of gender-based violence in the centers for asylum seekers occurred, but UNHCR reported that local response teams involving doctors, psychologists, police, and social workers addressed these cases. UNHCR reported no major or persistent problems with abuse in the centers.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees.

On July 23, the European Court of Human Rights ruled against the country, stating it violated the European Convention on Human Rights by not accepting a group of asylum seekers from Russia and not allowing them to file applications for international protection. The case originated in 2017 when several Russian asylum seekers of Chechen origin attempted to enter the country via Belarus but were repeatedly returned to Belarus. The Polish Border Guard refused to accept their applications for international protection even though some had documents that proved they were victims of torture and persecution. On July 24, the Warsaw branch of UNHCR appealed to the government to follow international law and allow asylum seekers to apply for international protection in the country.

Safe Country of Origin/Transit: The EU’s Dublin III Regulation, to which the country is subject, recognizes all EU countries as safe countries of origin and transit. The regulation also authorizes the governments of EU member states to return asylum seekers to the countries where they first entered the EU. The law permits denial of refugee status based on safe country of origin or safe country of transit but includes provisions that allow authorities to consider the protection needs of individuals in exceptional cases.

Freedom of Movement: Authorities placed some asylum seekers in guarded centers for foreigners while they awaited deportation or decisions on their asylum applications. Border guards may place an individual in a guarded center only by court order. The law prohibits the placement of unaccompanied minors younger than 15 in guarded centers. Border guards typically sought to confine foreigners who attempted to cross the border illegally, lacked identity documents, or committed a crime during their stay in the country.

Employment: Asylum seekers are not allowed to work during the first six months of the asylum procedure. If the asylum procedure lasts longer than six months, they may work until the asylum decision is final.

Access to Basic Services: Asylum seekers faced language and cultural barriers and had limited access to higher education. Children in centers for asylum seekers had free access to public education, in addition to other educational activities organized in the center, but those placed with relatives in guarded centers for foreigners did not.

Temporary Protection: The government also provided temporary protection to some individuals who did not qualify as refugees. Between August 18 and November 12, according to Ministry of Interior and Administration statistics, 1,050 Belarusian citizens entered the country under special procedures, including “humanitarian visas,” refugee status, and special permissions from the Border Guard’s chief commander. In addition, 330 Belarusians entered the country under the Ministry of Development program Poland. Business Harbor, which facilitates business activity for Belarusians who want to relocate their business to Poland.

g. Stateless Persons

The law affords the opportunity for stateless persons to obtain nationality. A 2019 UNHCR report noted, however, that the government’s lack of a formal procedure of identifying stateless persons led to protection gaps and exposed stateless persons to many negative consequences, including detention.

The 2019 UNHCR report noted several problems resulting from stateless status, including the inability to undertake legal employment or to access social welfare and health care. Stateless persons often lack identity documents, which limits their ability to perform many legal actions, such as opening a bank account or entering into a marriage. According to UNHCR, such problems made this group particularly vulnerable to poverty and marginalization.

The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: The Organization for Security and Cooperation in Europe (OSCE) conducted an election observation mission and concluded in its preliminary findings that the June 28 first-round presidential election was administered professionally despite legal uncertainty during the electoral process related to the outbreak of the COVID-19 pandemic. The elections were originally scheduled for May 10; however, the opposition and members of the ruling coalition objected to holding the election due to the risks posed by the pandemic and differences over the implementation of postal voting. After members of the ruling coalition agreed on May 6 to postpone the election until the summer, the National Electoral Commission issued a resolution on May 10 stating it was not possible to conduct the vote that same day, and the Sejm set a new date. According to the OSCE’s report on the first-round election, the decision to continue with the election under the pandemic necessitated legal and practical adjustments that put at risk “the stability and clarity of the otherwise suitable election legislation.” The report stated the changes “had practical implications for candidate registration, campaigning and campaign finance, voting methods, and resolution of election disputes.” The report stated the election campaign was characterized by “negative and intolerant rhetoric further polarizing an already adversarial political environment.” It also stated the public broadcaster “failed to ensure balanced and impartial coverage, and rather served as campaign tool for the incumbent.” The OSCE noted that the second round of elections on July 12 was well managed and candidates were “able to campaign freely in a competitive runoff, but hostility, threats against media, intolerant rhetoric, and cases of misuse of state resources detracted from the process. The polarized media environment, and particularly the biased coverage by the public broadcaster, remained a serious concern.” On August 3, the Supreme Court formally certified the results of the July 12 presidential runoff that resulted in the incumbent president’s re-election. The OSCE’s final report published on September 23 confirmed the initial findings and included 27 recommendations to improve the conduct of elections and “to support efforts to bring [the country] fully in line with…international obligations and standards for democratic elections.”

Participation of Women and Members of Minority Groups: No laws limit participation of women or members of minority groups in the political process, and they did participate. Women’s political participation remained low, with women accounting for 5 percent of ministerial positions, 29 percent of local legislature positions, and 28 percent of national legislature (Sejm and Senate) positions.

Corruption: The law provides criminal penalties for corruption by officials, and criminal prosecutions for official corruption occurred. There were reports of corruption that resulted in legal action.

On January 29, the Przemysl District Court lowered a previous sentence for former head of Podkarpackie Province Miroslaw Karapyta from four to three years in prison, reduced charges of attempted rape to sexual harassment, and dropped some charges for corruption. A year earlier the court found him guilty of nine charges, including two cases of attempted rape, accepting a personal favor in the form of sexual intercourse, and accepting expensive gifts in return for favors.

On February 28, the Wroclaw Srodmiescie Regional Court sentenced Jozef Pinior, a former senator and member of European parliament, to 18 months in prison for corruption. The court found him guilty of accepting bribes from businessmen in return for intervening with various public institutions to get favorable decisions for their businesses. In September, Pinior filed an appeal against the court’s ruling, claiming he was not guilty.

On July 20, the Central Anticorruption Bureau (CBA) detained Slawomir Nowak, former transportation minister under the prior Civic Platform (now opposition) government, on charges of corruption and leading an organized criminal group. His arrest resulted from a Polish-Ukrainian investigation into alleged corruption when he served as the president of the Ukrainian State Road Agency. Nowak was placed in pretrial detention on July 23.

Financial Disclosure: The law obliges elected and appointed public officials to submit financial statements concerning their financial assets, real property, stocks, and bonds. According to the NGO Stefan Batory Foundation, the CBA was able to screen fewer than 1 percent of all financial disclosure statements filed by politicians and senior officials. With the exception of certain situations provided for by law, the regulations protect information included in financial statements as “restricted access” information that may be made public only with the written permission of the provider.

In April the CBA stated that an audit of Supreme Audit Board head Marian Banas’ required financial declarations revealed Banas lowered the amount of his financial assets in declarations he filed between 2015 and 2019 by approximately 200,000 zloty ($51,600) and failed to report undocumented income from 2018 to 2019 in the amount of 257,000 zloty ($66,300). In November 2019 the CBA notified the Prosecutor’s Office of potential crimes committed by Banas related to false property declarations, concealing a property’s actual status, and undocumented sources of income. In December 2019 the regional prosecutor’s office in Bialystok opened an investigation. In 2019 the prime minister and other leaders of the ruling Law and Justice Party called on Banas to resign, but at year’s end he had not done so. Banas denied the allegations and sued the media outlet that uncovered the reported improprieties for defamation. The investigation into false financial disclosure statements continued at year’s end.

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases.

Government Human Rights Bodies: The law entrusts the ombudsperson and the government plenipotentiary for equal treatment with the task of “implementing the principle of equal treatment.”

In cooperation with NGOs, the ombudsperson processes complaints, conducts investigations, institutes and participates in court proceedings, undertakes studies, provides other public bodies with advice, proposes legislative initiatives, and conducts public information campaigns. The ombudsperson has no authority to mediate disputes between private entities, even in cases of racial discrimination. The ombudsperson presents an annual report to the Sejm on the state of human rights and civic freedom in the country.

The government plenipotentiary for equal treatment has a mandate to counter discrimination and promote equal opportunity for all. The plenipotentiary implements the government’s equal treatment policy, develops and evaluates draft acts, analyzes and evaluates legal solutions, and monitors the situation within the scope of application of the principle of equal treatment. In March the plenipotentiary’s position moved to the Ministry of Family and Social Policy. The plenipotentiary also serves as a deputy minister. As such, it does not have the same institutional independence as the ombudsperson and does not have a separate budget.

Both chambers of parliament have committees on human rights and the rule of law. The committees serve a primarily legislative function and consist of representatives from multiple political parties.

Women

Rape and Domestic Violence: Rape, including spousal rape, is illegal and punishable by up to 12 years in prison.

While courts may sentence a person convicted of domestic violence to a maximum of five years in prison, most of those found guilty received suspended sentences. The law permits authorities to place restraining orders without prior approval from a court on spouses to protect against abuse.

On November 30, a new law entered into force introducing an immediate restraining order that may be issued by police who respond to a domestic dispute. Under the revised law, the perpetrator must immediately leave the location where the violence took place. The president signed the legislation into law on May 19.

The Women’s Rights Center reported that police were occasionally reluctant to intervene in domestic violence incidents, sometimes arguing there was no need for police intervention. The center also noted some women complained police did not properly respond to their calls because they were preoccupied with duties related to monitoring the implementation of COVID-19 restrictions. During the country’s lockdown in March and April due to the pandemic, women’s rights NGOs noted an increase in the number of calls to their hotlines from domestic violence victims.

The law requires every municipality in the country to set up an interagency team of experts to deal with domestic violence.

Centers for victims of domestic violence operated throughout the country. The centers provided social, medical, psychological, and legal assistance to victims; training for personnel who worked with victims; and “corrective education” programs for abusers.

Sexual Harassment: The law prohibits sexual harassment, and violations carry penalties of up to three years’ imprisonment. According to the Women’s Rights Center, sexual harassment continued to be a serious and underreported problem.

Reproductive Rights: Couples and individuals generally have the legal right to decide freely and responsibly the number, spacing, and timing of their children but had restricted access to the information and means to do so. On October 22, the Constitutional Tribunal outlawed abortion in all but limited circumstances, although the implementation of this ruling was delayed. NGOs noted that infertility treatments were only available to legally married couples defined as a man and a woman, restricting access by LGBTI couples and all single persons.

The law obliges both central and local governments to provide citizens with unrestricted access to methods and means serving “conscious procreation,” implemented by the government as gynecological counseling for women and girls and access to contraception. While there were no legal restrictions on the right to obtain contraceptives, a patient’s ability to obtain them was limited, according to NGOs. The Federation for Women and Family Planning (Federa) noted the government excluded almost all prescription contraceptives from its list of subsidized medicines, making them less affordable, especially for poor women in rural areas. The law also provides that doctors may refrain from performing health services inconsistent with their conscience. According to a report during the year by ASTRA (the Central and Eastern European Network for Sexual and Reproductive Health and Rights), doctors regularly used the conscience clause to refuse to write prescriptions for contraceptives. The report also noted that some pharmacies intentionally did not sell contraceptives or have them in stock. The law does not permit voluntary sterilization. According to Federa, young persons lacked sex counseling services.

Although women have the right to comprehensive medical services before, during, and after childbirth, home birth, while legal, is not subsidized by the National Health Fund. According to the Childbirth with Dignity Foundation, standards for perinatal and postnatal care written into the laws are adequate, but the government failed to enforce them effectively. A 2018 report by the Supreme Audit Office indicated women living in rural areas had limited access to medical services related to childbirth due to an insufficient number of gynecological and obstetric clinics in smaller towns and villages.

The government provided access to sexual and reproductive health services for survivors of sexual violence. According to women’s rights NGOs, access was limited due to victims’ fear of social stigma, some legal constraints, and the use of the conscience clause by medical doctors who refused to provide such services.

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 and rights for men and women and prohibits discrimination against women, although few laws exist to implement the provision. The constitution requires equal pay for equal work, but discrimination against women in employment existed (see section 7.d.).

Children

Birth Registration: A child acquires citizenship at birth if at least one parent is a citizen, regardless of where the birth took place. Children born or found in the country whose parents were unknown or stateless are also citizens. The government has a system of universal birth registration immediately after birth.

Child Abuse: A government ombudsperson for children’s rights issued periodic reports on problems affecting children, such as the need for improved medical care for children with chronic diseases. The ombudsperson’s office also operated a 24-hour free hotline for abused children. The government continued its public awareness campaigns, aimed at preventing physical violence or sexual abuse against children.

Child, Early, and Forced Marriage: The legal minimum age of marriage is 18, although courts may grant permission for girls as young as 16 to marry under certain circumstances.

Sexual Exploitation of Children: The law prohibits sexual intercourse with children younger than 15. The penalty for statutory rape ranges from two to 12 years’ imprisonment.

Child pornography is illegal. The production, possession, storage, or importation of child pornography involving children younger than 15 is punishable by three months’ to 10 years’ imprisonment. During the year police conducted several operations against child pornography and alleged pedophiles.

According to the government and the Children Empowerment Foundation, a leading NGO dealing with trafficking in children, trafficking of children for sexual exploitation remained a problem.

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

Anti-Semitism

The Union of Jewish Communities estimated the Jewish population at 20,000. Anti-Semitic incidents continued to occur, often involving desecration of significant property, including a synagogue and Jewish cemeteries, and sometimes involving anti-Semitic comments on television and social media. Some Jewish organizations expressed concern regarding the physical safety and security of their members.

On February 27, a member of the lower house of parliament, Janusz Korwin-Mikke, said, “As a result of the pogroms, the strongest and the most gifted [Jews] survived…. The Jews are a power because they had pogroms.” He added, “There are even theories that rabbis deliberately provoke pogroms precisely so that Jews survive and then there is natural selection.”

During the year there were several attacks on Jewish properties and houses of worship. Examples included: defacement in mid-March by unknown perpetrators of a plaque commemorating the local Jewish community and Jewish residents of the city of Szczecin, who were killed during World War II in the Belzec extermination camp; the breaking of a synagogue’s windows on April 14 in the city of Wroclaw by a man who used neo-Nazi speech and gestures; and the tipping over of dozens of tombstones by unknown perpetrators in three Jewish cemeteries in the city of Zabrze and the towns of Dobrodzien and Tarnowskie Gory in September.

In mid-June a narrative appeared in public media during the presidential campaign that drew accusations of anti-Semitism from the domestic and international Jewish community. On June 15, the state-run television broadcaster ran a story claiming that the main challenger to the incumbent president would use public funds to “compensate Jews” with respect to private property restitution should he be elected president. It also claimed the candidate’s approach to restitution “was not based on Poland’s interests” and included images of Israel, George Soros, the Auschwitz-Birkenau concentration camp, and money falling out of a bag. On June 16, American Jewish Committee Central Europe acting director Sebastian Rejak sent a letter to the Polish Media Ethics Council stating that public television coverage could “incite hatred and contempt towards Jews in the world and Polish Jews.” On June 18, Chief Rabbi of Poland Michael Schudrich and the Union of Jewish Communities in Poland released a joint statement that declared, “public media should educate and integrate, not divide” and added, “we must all speak against the use of anti-Semitism or hatred of any other group for political purposes.” On June 29, the OSCE issued a first-round presidential election assessment that stated public television had become “a campaign tool for the incumbent” with reporting that had “clear xenophobic and anti-Semitic undertones.”

A trial of six persons accused of publicly promoting Nazism in 2017 by organizing a celebration of Hitler’s birthday in a forest, donning Wehrmacht uniforms, and burning a swastika continued at year’s end. The incident was secretly filmed and later broadcast by undercover television journalists. The main organizer of the event, a member of the neo-Nazi Pride and Modernity Association, pleaded not guilty, claiming the event was private. In August 2019 in a separate case, the Gliwice Regional Court decided to dissolve Pride and Modernity, stating that the event was tantamount to approval or even affirmation of Hitler and Nazism. In November 2019 the legal representative of the association appealed against the decision. On February 5, the Gliwice District Court suspended the appeal procedure due to the continuing separate trial into irregularities related to the registration of the association.

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. The government did not effectively enforce these provisions, and there were reports of societal discrimination against persons with disabilities. The government restricted the right of persons with certain mental disabilities to vote or participate in civic affairs.

The law states that buildings should be accessible for persons with disabilities, but many buildings remained inaccessible. Public buildings and transportation generally were accessible, although older trains and vehicles were often less so, and many train stations were not fully accessible.

The law states that education is obligatory for all children, including those with disabilities. Children with disabilities may attend schools where they are integrated with children without disabilities, or they may attend separate schools, depending on the significance of their disability.

Members of National/Racial/Ethnic Minority Groups

A number of xenophobic and racist incidents occurred during the year. Several incidents tied to the COVID-19 outbreak occurred in the early days of the pandemic.

On February 28, a bridal store in Warsaw refused to serve two female customers of Indonesian origin because employees thought they might be infected with COVID-19.

On March 25, three men attacked a young Chinese woman who worked at the Silesian University in the town of Sosnowiec. The men surrounded her and shouted “coronavirus” and “China” at her. Police detained one man who was charged with assaulting the woman on the grounds of her national origin, for which he could face up to a three-year prison term.

On November 11, the annual Independence Day March in Warsaw was again organized by a coalition of groups, including the National Radical Camp and All Polish Youth, widely deemed extremist and nationalist in their ideologies. Unlike previous years there were no reports of slogans targeting national or ethnic minorities, but violence occurred mainly between some march participants and police. There was also an incident where participants threw flares at a building displaying a rainbow flag and the logo of a women’s rights group, starting a fire (no injuries were reported).

Societal discrimination against Roma continued to be a problem. The 2011 national census recorded 16,723 Roma, although an official government report on the Romani community estimated that 20,000 to 25,000 Roma resided in the country. Romani community representatives estimated that 30,000 to 35,000 Roma resided in the country.

Romani leaders complained of widespread discrimination in employment, housing, banking, the justice system, media, and education.

During the year the government allocated 11.2 million zloty ($2.88 million) for programs to support Romani communities, including for educational programs. The Ministry of Education helped finance school supplies for Romani children. The Ministry of Interior and Administration provided school grants for Romani high school and university students, postgraduate studies on Romani culture and history in Krakow, and Romani-related cultural and religious events.

The Ukrainian and Belarusian minorities continued to experience harassment and discrimination. On February 9, seven men verbally and physically attacked a group of five foreigners from Ukraine, Belarus, and Russia in the city center of Torun. One of the attackers, who turned himself in to police, was charged with using violence and making threats against others on the grounds of their national identity. On February 18, the man was placed in pretrial detention for three months. Police were searching for other perpetrators at year’s end.

On May 23, a man physically attacked a Ukrainian man and insulted his nationality in a store in the city of Gdansk. Police intervened and charged the man with public insult on the grounds of national identity. The man pleaded guilty and received 10 months of community service.

On June 27, a man attacked a Belarusian security guard in a store in Krakow after the guard asked him to leave the store for not wearing a face mask. The man verbally abused the guard and spat on him several times. On July 2, police detained the man and charged him with public insult on the grounds of national identity, for which he may face up to a three-year prison term.

During the year there were incidents of xenophobic attacks targeting those of African and Middle Eastern descent.

On July 14, two men attacked and shouted racist insults at a man of African descent at a bus stop in the town of Wieliczka. A bystander defended the victim and was also brutally attacked. On July 17, police detained one of the attackers and charged him with public incitement to hatred on the grounds of nationality, inflicting bodily harm, and making death threats. The man was placed in pretrial detention for three months.

On August 2, a group of six men verbally and physically assaulted a group of four foreigners, including citizens of Nigeria, Saudi Arabia, and Tunisia, on a street in Krakow. Four of the suspects were arrested and faced up to five years in prison for violence on the grounds of race or nationality. Police continued to search for the other two perpetrators at year’s end.

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

While the constitution does not prohibit discrimination on the specific grounds of sexual orientation, it prohibits discrimination “for any reason whatsoever.” The laws on discrimination in employment cover sexual orientation and gender identity but hate crime and incitement laws do not. The government plenipotentiary for equal treatment is charged with monitoring discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals and groups. LGBTI advocacy groups, however, criticized the plenipotentiary office for a lack of interest and engagement in LGBTI issues. The ombudsperson also continued to work on LGBTI human rights cases.

During the year several government officials made anti-LGBTI or homophobic public statements. In presidential campaign remarks on June 13, President Andrzej Duda asserted “LGBT ideology” was a form of “neo-Bolshevism” and “even more destructive” than Communism itself. Former interior minister and sitting Member of European Parliament Joachim Brudzinski wrote on Twitter on June 13 that “Poland without LGBT is most beautiful.” Minister of Education and Science Przemyslaw Czarnek stated on June 13 (he was not yet minister at the time) that LGBTI persons were “not equal to normal people.” On July 30, Deputy Minister of State Assets Janusz Kowalski declared the entire country should be an “LGBT-free zone.” He added that a law should be adopted to prohibit public funding of any activities of organizations that explicitly promote “LGBT.” At an election rally on July 1, President Duda said adoption by same-sex couples constituted experimentation on and enslavement of children. On August 25, then minister of education Dariusz Piontkowski defended the education superintendent of Lodz Province for saying the “LGBT virus…of ideology” was “much more dangerous” than COVID-19. On September 14, Law and Justice Party chairman and soon-to-be deputy prime minister Jaroslaw Kaczynski said “LGBT ideology” was a threat “to the very foundations of our civilization.”

On August 7, authorities used force to detain 48 persons in Warsaw during a protest against the pretrial detention of an LGBTI activist. The representatives of the National Preventive Mechanism (NPM) operating under the human rights ombudsperson investigated the mass arrest and released a report on September 7 that stated the treatment of detainees by police “constituted degrading treatment, and in some cases…inhuman treatment.” The NPM interviewed 33 of the 48 detainees, who complained, inter alia, about disproportionate use of force by police, use of homophobic or transphobic comments by police, lack of access to food and drinking water, not being promptly informed of the right to a lawyer, and difficulty in contacting or meeting with a lawyer. In an August 8 press conference, the minister of justice stated police had behaved professionally. On September 2, the deputy minister of interior and the chief of police briefed a Sejm committee on the August 7 events and argued the police reaction was appropriate and proportional to the situation.

During the year there were several verbal and physical attacks against members of the LGBTI community. On August 11, two perpetrators using homophobic language brutally beat a man in Poznan. The man sustained a broken nose and concussion as a result of the attack. The attackers were charged with bodily injury and theft. On August 14, an activist affiliated with LGBTI rights groups reported he was physically and verbally attacked in Warsaw because he was holding hands with his LGBTI partner. He reported he had a broken tooth and a black eye and that his partner suffered bruises on his body. Police opened an investigation into the incident.

During the year local governments around the country adopted “family rights charters,” bringing the total number who had adopted such charters or separate declarations rejecting “LGBT ideology” to more than 90 since 2019. These legally nonbinding documents focused in varying degrees on preventing “LGBT ideology” in schools, called for protection of children against moral corruption, and declared marriage as a union between a woman and a man only. LGBTI NGOs stated the declarations may have a chilling effect on institutions subordinate to local governments and may increase the number of hate crimes. On July 14, the Gliwice administrative court struck down a declaration adopted by the Istebna municipality as a result of a complaint filed by the human rights ombudsperson in December 2019. The court ruled the declaration violated administrative law and the constitution, in particular the ban against discrimination on the grounds of sexual orientation and gender identity. Minister of Justice and Prosecutor General Zbigniew Ziobro sent appeals against the ruling and a similar one regarding a declaration in the Klwow municipality to the Supreme Administrative Court in September. Meanwhile, on June 23 and 24, the Krakow administrative court rejected the ombudsperson’s complaints against the municipality of Lipinki and the county of Tarnow, arguing that the declarations neither limited nor interfered with the constitutional rights and freedoms of any group of citizens and did not discriminate against any person. On August 18, Ziobro defended local communities that signed such declarations and emphasized the declarations referred to “ideology,” not individuals. Ziobro argued that while local authorities did not persecute LGBTI persons, they also did not accept “offensive actions” of LGBTI groups that tried to “impose their ideology” on others.

On February 11, the Supreme Administrative Court dismissed the final appeal of a same-sex couple who wanted to register the birth of their foreign-born child in the country. The child was born abroad to the two women, and his foreign birth certificate listed them as his parents. Polish birth certificates list spaces for a mother and a father. The Supreme Administrative Court found that a woman could not be listed in the space provided for a father’s name, and a man could not be listed in the space provided for a mother’s name.

A 2019 survey conducted by Pew Research Center found a rise in tolerance toward the LGBTI community in the country, with almost half of citizens (47 percent) declaring society should accept homosexuality, compared with the 2002 edition of the survey, in which 40 percent of those polled expressed acceptance.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the rights of workers to form and join independent trade unions, bargain collectively, and conduct legal strikes. The law prohibits antiunion discrimination and provides legal measures under which workers fired for union activity may demand reinstatement. Individuals who are self-employed or in an employment relationship based on a civil law contract are permitted to form a union.

Government workers, including police officers, border guards, prison guards, and employees of the supreme audit office, are limited to a single union. Workers in services deemed essential, such as security forces, the Supreme Chamber of Audit, police, border guards, and fire brigades, do not have the right to strike. These workers have the rights to protest and to seek resolution of their grievances through mediation and the court system.

Trade unions are registered when at least 10 eligible persons adopt a resolution to form a trade union. Newly established trade unions must appoint a founding committee consisting of three to seven persons. A new trade union must register with the National Court Registry within 30 days of the resolution. The court may remove a trade union from the registry only if a trade union adopts a resolution to dissolve; is no longer able to operate due to the bankruptcy, liquidation, or reorganization of the company in which the trade union operated; or if a trade union has fewer than 10 members for more than three months.

Legal strike ballots require the support of the majority of union voters. To allow for required mediation, a strike may not be called fewer than 14 days after workers present their demands to an employer. The law obligates employers to report workplace group disputes to the district inspection office in their regions. Cumbersome procedures made it difficult for workers to meet all of the technical requirements for a legal strike. What constitutes a strike under the law is limited to strikes regarding wages and working conditions, social benefits, and trade union rights and worker freedoms. The law prohibits collective bargaining for key civil servants, appointed or elected employees of state and municipal bodies, court judges, and prosecutors.

The penalties for obstructing trade union activity range from fines to community service. The government did not effectively enforce applicable law. Resources, inspections, and remediation efforts were not adequate, and the small fines imposed as punishment were an ineffective deterrent to employers. Administrative and judicial procedures were subjected to lengthy delays and appeals. Unions alleged that the government did not consistently enforce laws prohibiting retribution against strikers.

Trade union representatives stated that violations of freedom of association and the right to collective bargaining occurred. While many workers exercised the right to organize and join unions, many small and medium-sized firms, which employed a majority of the workforce, discriminated against those who attempted to organize. The government enforced applicable law, but penalties for violations were not commensurate with those for other laws related to the denial of civil rights.

Labor leaders continued to report that employers regularly discriminated against workers who attempted to organize or join unions, particularly in the private sector. Discrimination typically took the forms of intimidation, termination of work contracts without notice, and closing of the workplace. Some employers sanctioned employees who tried to organize unions.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. Nevertheless, forced labor occurred.

The government effectively enforced the law. Penalties for forced labor violations were commensurate with those of other serious crimes. In 2019, the most recent year for which statistics were available, the government assisted in removing 154 victims from forced labor.

There were reports that foreign and Polish men and women were subjected to forced labor in construction, agriculture, and restaurants and that children were subjected to forced begging (see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the employment of children younger than 16, with exceptions in the cultural, artistic, sporting, and advertising fields when parents or guardians and the local labor inspector give their permission. The labor inspector issues a permit on the basis of psychological and medical examinations. Child labor is not allowed if the work may pose any threat to life, health, or physical and mental development of the child, or may conflict with the child’s education. The law prohibits all of the worst forms of child labor. The government effectively enforced applicable law prohibiting employment of children younger than 16, and penalties were commensurate with those of other serious crimes.

Some children younger than 18 engaged in hazardous work in agriculture, primarily on family farms. Migrant Romani children from Romania were subjected to forced begging. Commercial sexual exploitation of children also occurred (see section 6, Children).

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment or occupation in any way, directly or indirectly, on all grounds, in particular on the grounds of race, sex, color, religion, political opinion, national origin, ethnic origin, disability, sexual orientation, age, or trade union membership, and regardless of whether the person is hired for definite or indefinite contracts, or for full- or half-time work. The law does not specifically prohibit such discrimination based on language, HIV-positive status, gender identity, or social status. According to the Polish Society for Antidiscrimination Law, by law the accused must prove that discrimination did not take place. In the case of labor contracts that are protected by law, antidiscrimination measures are adequate, and judges know how to apply them. Civil contracts are protected under antidiscrimination law, which prohibits unequal treatment in employment on the basis of gender, race, ethnic origin, nationality, religion, belief, viewpoint, disability, age, or sexual orientation. According to the society, it is relatively straightforward for claimants to assert discrimination occurred during court proceedings; however, very few employees come forward and report discrimination at the workplace. The government enforced applicable law, but penalties for violations were not commensurate with those of similar laws related to civil rights.

On September 29, the Warsaw District Court ruled an employer discriminated against a transgender woman worker by requiring her to wear a male uniform. The woman’s lawyer said it was the first time that a Polish court affirmed a legal prohibition on discrimination against transgender persons in the workplace.

On May 28, the Warsaw district prosecutor’s office announced charges against a human resources manager at an IKEA store for dismissing an employee after he posted quotes from the Bible on the company’s intranet website to imply gay persons deserved death. Prosecutors argued the manager violated the employee’s religious rights. On June 2, several dozen NGOs working on nondiscrimination and equal treatment issued a statement protesting the decision to press charges, arguing that the manager properly fulfilled her duties by preventing discrimination in the workplace. On November 27, the Krakow District Court began a criminal trial against the human resources manager. On November 10, a labor branch of the Krakow court started a labor dispute case against IKEA that was initiated by the fired employee. The employee demanded compensation and the right to return to work.

Discrimination in employment and occupation occurred with respect to gender, age, minority status, disability, political opinion, sexual orientation, gender identity, and trade union membership. According to NGOs, sexual harassment at the workplace was an underreported problem, and police statistics showed a low number of identified offenses (107 in 2019, the latest statistics available). Discrimination against Romani workers also occurred (see section 6, Members of National/Racial/Ethnic Minority Groups).

e. Acceptable Conditions of Work

The national monthly minimum wage and the minimum wage for formal work agreements meet the social minimum monthly income level. There is no minimum wage for informal work agreements. There were reports of employers withholding wages or underpaying laborers under informal work agreements, particularly Ukrainian migrant workers in the construction and agriculture industries.

The constitution provides every employee the right to statutorily specified days free from work as well as annual paid holidays.

The law defines strict and extensive minimum conditions to protect worker health and safety and empowers the National Labor Inspectorate (NLI) to supervise and monitor implementation of worker health and safety law and to close workplaces with unsafe conditions. Workers could remove themselves from situations that endangered health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation. While the NLI’s powers are limited to the formal economy, one of its responsibilities is to inspect the legality of employment, which can contribute to limiting work in the informal economy and ensuring employees who are hired in the informal economy are provided with appropriate occupational health and safety conditions.

Resources were inadequate to enforce effectively minimum wage, hours of work, and occupational health and safety in the formal or informal sectors. Penalties for violations were commensurate with those of other similar laws. The number of labor inspectors was not sufficient to enforce compliance. Labor inspectors had the authority to conduct unannounced inspections and initiate sanctions.

According to the inspectorate’s 2019 report, labor rights violations primarily concerned failure to pay or delayed payment of wages, failure to pay for overtime work, and failure to sign a labor contract in situations when the job performed constituted regular labor. Most wage payment violations occurred in the processing and trade services industries. Seasonal workers were particularly vulnerable to such violations. The national inspectorate’s report did not cover domestic workers because inspectors could only conduct inspections in businesses, not private homes. Another common problem was inaccurate timekeeping records for hours worked.

The large size of the informal economy–particularly in the construction and transportation industries–and the low number of government labor inspectors made enforcement of the minimum wage difficult. The Main Statistical Office definition of informal economy includes unregistered employment performed without a formal contract or agreement and is not counted as a contribution to social security and from which income taxes are not deducted. According to the Central Statistical Office, in 2017 (the latest year for which data were available) 5.4 percent of the workforce (880,000 persons) worked in the informal economy.

In 2019 the NLI launched a three-year information and education campaign to improve work-related health and safety standards in meat-processing companies and continued similar programs targeting construction companies, small businesses, and agricultural employers.

Employers routinely exceeded standards limiting exposure to chemicals, dust, and noise. According to the NLI’s 2019 report, the majority of work-related accidents occurred in industrial processing companies, at construction sites, and in trade. The report also noted poor organization of work processes, lack of proper supervision of employees, inadequate training of employees in work-related health and safety standards, and inadequate measures by employers to prevent accidents were among the leading causes of workplace accidents. The Central Statistical Office reported 83,205 victims of workplace accidents, including 184 fatal accidents during 2019.

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

There was one report that the government or its agents committed arbitrary or unlawful killings.

The Inspectorate General of Internal Administration (IGAI), in the Ministry of Internal Administration, operates independently, investigates deaths caused by security forces, and evaluates whether they occurred in the line of duty or were otherwise justifiable.

On September 30, the Public Ministry charged three Foreigners and Border Service (SEF) officers suspected of killing a Ukrainian man who attempted to enter the country illegally through Lisbon’s airport on March 10. The alleged crime was committed at a SEF-run temporary detention center at Lisbon’s airport. The victim was allegedly killed on March 12 after “causing disturbances” at the center. An autopsy revealed that the man likely had been strangled. The three SEF officers had been detained since March 30, and their trial for manslaughter was scheduled for January 2021. Although not believed to have been directly involved in the incident, the director and deputy director of Lisbon’s SEF office resigned that same day. Cristina Gatoes, SEF director at the time of the incident, resigned on December 9, and the Coordinator of SEF’s Inspection Office, Joao Ataide, also presented his resignation. On December 11, Interior Minister Eduardo Cabrita announced that the state would pay compensation to the victim’s family.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

While the constitution and law prohibit such practices, there were credible reports of excessive use of force by police and of mistreatment and other forms of abuse of prisoners by prison guards.

In 2019 the government-run IGAI received 950 reports of mistreatment and abuse by police and prison guards, the highest number since 2012. Complaints of physical abuse consisted primarily of slaps, punches, and kicks to the body and head, as well as beatings with batons. The complaints were mainly against the Public Security Police (PSP) (551) and the Republican National Guard (GNR) (306). The IGAI investigated each complaint. In 2018 the government conducted 62 investigations of members of the security forces. Punishment ranged from letters of reprimand, temporary suspension from duty, mandatory retirement with pension cuts, discharge from duty, and prison sentences.

Prison and Detention Center Conditions

There were no significant reports regarding prison or detention center conditions that raised human rights concerns. Nonetheless, media and nongovernmental organizations (NGOs) cited reports of mistreatment of prisoners by guards in some prisons.

Physical Conditions: Several of the country’s prisons were overcrowded. Other reported issues included inadequate facilities, poor health conditions, and violence among inmates.

Authorities occasionally held juveniles in adult facilities, despite the existence of a youth prison in Leiria. The prison system held pretrial detainees with convicted criminals.

The Directorate-General of Reintegration and Prison Services reported 64 deaths in prisons in 2019 (11 suicides and 53 due to illness), an increase over the 54 deaths (11 suicides and 43 due to illness) in 2018. Infectious diseases associated with drug abuse were the leading cause of death in prison.

Administration: Authorities investigated allegations of inhuman conditions and documented the results in a publicly accessible manner.

Independent Monitoring: The government permitted visits by independent human rights observers that included the Committee for the Prevention of Torture, the IGAI, university researchers, and news media. Local human rights and media groups were fully independent bodies and had unrestricted access to the prisons.

d. Arbitrary Arrest or Detention

The constitution and federal law prohibit arbitrary arrest and detention. Persons arrested or detained, whether on criminal or other grounds, are entitled to challenge in court the legal basis or arbitrary nature of their detention and any delay in obtaining judicial rulings. If the court finds persons to have been detained unlawfully, they are entitled to prompt release and compensation. The government generally observed these practices.

Arrest Procedures and Treatment of Detainees

The constitution and law provide detailed guidelines covering all aspects of arrest and custody, and authorities generally followed the guidelines. Individuals are normally arrested only on a judicial warrant, but law enforcement officials and citizens may make warrantless arrests when there is probable cause that a crime has just been or is being committed, or that the person to be arrested is an escaped convict or suspect.

Authorities must bring the suspect before an investigating judge within 48 hours of arrest. By law the investigating judge determines whether an arrested person should be detained, released on bail, or released outright. Authorities generally informed detainees promptly of charges against them.

Investigative detention for most crimes is limited to four months. If authorities do not file a formal charge within that period, they must release the detainee. In cases of serious crimes such as murder, armed robbery, terrorism, and violent or organized crime, and crimes involving more than one suspect, the investigating judge may decide to hold a suspect in detention while the investigation is underway for up to 18 months, and up to three years in extraordinary circumstances.

Bail exists, but authorities generally do not release detainees on their own recognizance. Depending on the severity of the crime, a detainee’s release may be subject to various legal conditions.

Detainees have the right to legal counsel from the time of arrest, but media reports cited instances when police, in particular the Judiciary Police, did not inform detainees of their rights. An attorney must accompany detainees appearing before a judge for the first hearing. If detained persons cannot afford a private lawyer, the government appoints one and assumes legal costs.

Pretrial Detention: Lengthy pretrial detention remained a problem. As of September 1, according to the Directorate-General of Prison Services, 19.5 percent of the prison population was in pretrial detention, an increase of more than 18 percent than the previous year. The majority of pretrial detainees were incarcerated six months to a year. Observers, including media, business corporations, and legal observers, estimated the backlog of cases awaiting trial to be at least one year. The length of pretrial detention was usually due to lengthy investigations and legal procedures, judicial inefficiency, or staff shortages. Time in pretrial detention applies toward a convicted detainee’s prison sentence. A detainee found not guilty has the right to compensation for this time.

e. Denial of Fair Public Trial

The constitution and law provide for an independent judiciary, and the government generally respected judicial independence and impartiality.

Trial Procedures

The constitution provides for the right to a fair and public trial, and an independent judiciary generally enforced this right. The law presumes that all defendants are innocent and provides the right to be informed promptly and in detail of the charges (with free interpretation when necessary from the moment charged through all appeals). Authorities must bring a suspect in investigative detention to trial within 14 months of a formal charge. If a suspect is not in detention, the law specifies no deadline for going to trial. When the crime is punishable by a prison sentence of eight years or longer, either the public prosecutor or the defendant may request a jury trial.

Defendants have the right to be present at their trials and to consult with an attorney, at government expense if necessary, from the time of arrest. Defendants have adequate time and facilities to prepare their defense. They may confront and question witnesses against them and present witnesses and evidence on their own behalf. Defendants cannot be compelled to testify or confess guilt. Those convicted have the right of appeal.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

There is an independent and impartial judiciary in civil matters. Citizens, foreign residents, and organizations have access to a court to bring lawsuits seeking damages for, or cessation of, a human rights violation, and they may appeal adverse domestic decisions to regional human rights bodies, such as the European Court of Human Rights. Besides judicial remedies, administrative recourse exists for alleged wrongs.

Property Restitution

Holocaust-era restitution was no longer a significant issue. The government has laws and mechanisms in place and is a signatory of the Terezin Declaration of 2009 and the Guidelines and Best Practices of 2010. The 1999 report commissioned by the government and chaired by the country’s former president and prime minister Mario Soares, at the time a member of the European Parliament, found there was “no basis for additional restitution” following the payment made by the country in 1960 for gold transactions carried out between Portuguese and German authorities between 1936 and 1945. NGOs and advocacy groups, including the local Jewish community, reported no significant outstanding Holocaust-era claims, including for foreign citizens.

The Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 29, 2020, can be found on the Department’s website: www.state.gov/reports/just-act-report-to-congress/ https://www.state.gov/repports/just-act-report-to-Congress/.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution and laws prohibit such actions, and there were no reports that the government failed to respect these prohibitions.

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press. The law criminalizes the denigration of ethnic or religious minorities, as well as Holocaust denial, as an offensive practice. Prison sentences for these crimes run between six months and eight years.

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of assembly and association, and the government generally respected these rights.

c. Freedom of Religion

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

d. Freedom of Movement

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

The government cooperated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, returning refugees, and other persons of concern.

Abuse of Migrants, Refugees, and Stateless Persons: According to NGOs and media reports, authorities kept in detention some asylum seekers who submitted their applications for international protection at border points. If asylum seekers appeal a negative decision, they can await the decision in housing provided by the Portuguese Refugee Council, the Social Emergency Bureau of Lisbon’s Holy House of Mercy (almshouse), or the Salvation Army’s shelter center.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. The government cooperated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, or other persons of concern.

Safe Country of Origin/Transit: The government considers all other EU countries to be safe countries of origin or transit. It returned asylum seekers to their country of entry into the EU for adjudication of their applications.

Durable Solutions: The government fulfilled its commitment and received refugees under the EU’s relocation plan for refugees who entered the EU through Greece and Turkey. It offered naturalization to refugees residing within the country’s territory and other durable solutions, such as the right to work, education, access to health care, and housing support.

Temporary Protection: The government provided temporary protection to individuals who may not qualify as refugees, and it provided subsidiary protection to 113 persons in 2019, according to SEF’s 2019 Immigration, Borders, and Asylum Report.

The constitution and law provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: On October 25, the country held an election in the Autonomous Region of the Azores that observers considered free and fair. The most recent national elections in October 2019 were also considered free and fair.

Participation of Women and Members of Minority Groups: No laws limit the participation of women and members of minority groups in the political process, and they did participate.

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. There were reports of corruption in the executive and legislative branches of the central government during the year.

Corruption: Media reported corruption involving central and local government officials.

On September 18, the Public Ministry charged 17 defendants for the practice of passive and active corruption, receipt of undue advantage, abuse of power, abuse of functions, falsification of documents, fiscal fraud, and money laundering. Among the accused were Rui Rangel, a former judge of the Lisbon Court of Appeals; Luis Vaz das Neves, the former president of Lisbon’s Court of Appeals; and Luis Filipe Vieira, president of Benfica soccer club. The case, titled Operation Lex, had been under investigation for four years.

On September 25, the Sintra Court convicted 23 military personnel and 14 civilian business owners of corruption in a scheme of inflating food orders and overcharging Air Force mess halls. The convicted included an Air Force major general, colonel, lieutenant colonel, major, and five sergeants. An anonymous complaint triggered the massive joint investigation by the Judicial Police and Military Judicial Police. Operation Zeus involved 46 individuals suspected of inflating food orders and overcharging Air Force mess halls, causing losses to the state estimated at 1.7 million euros (two million dollars) between 2011 and 2016. The crimes included active and passive corruption, bribery, and document forgery. Sentences varied from the application of fines to six years in prison.

Financial Disclosure: The law requires appointed and elected officials to disclose their income and assets. The law also mandates the Constitutional Court to monitor and verify disclosures. The court’s declarations are available to the public. The criminal penalties for noncompliance are up to five years’ incarceration or a fine equivalent to 600 days of the person’s income. Administrative sanctions include removal from office.

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials generally were cooperative and responsive to their views.

Government Human Rights Bodies: The country has an independent human rights ombudsman appointed by parliament who is responsible for defending the human rights, freedom, and legal rights of all citizens. The Ombudsman’s Office operated independently and with the cooperation of the government.

The ombudsman had adequate resources and published mandatory annual reports, as well as special reports on problems such as women’s rights, prisons, health, and the rights of children and senior citizens.

Parliament’s First Committee for Constitutional Issues, Rights, Liberties, and Privileges oversees human rights problems. It drafts and submits bills and petitions for parliamentary approval.

Women

Rape and Domestic Violence: The law makes rape, including spousal rape, illegal, with a penalty of three to 10 years’ imprisonment. The government generally enforced the law when the victim chose to press charges and if the cases were not settled out of court through mediation. The law provides for criminal penalties of up to 10 years’ imprisonment in cases of domestic violence by a spouse or by a person other than the spouse. The judicial system prosecuted persons accused of abusing women.

Violence against women, including domestic violence, continued to be a problem. According to preliminary data from NGOs and media reports, in the first six months of the year, there were 16 deaths related to domestic violence. On March 7, declared a Day of Mourning for Domestic Violence Victims, buildings across the country flew flags at half-mast, and both parliament and the cabinet ministers observed a minute of silence in honor of domestic violence victims. The government called a day of mourning to rouse society to fight against domestic violence, after activists took to the streets in previous weeks calling for more government action and protesting against a number of lenient court decisions against attackers. The reinforced focus on domestic violence arose in 2017 after a Porto court upheld a reduced sentence for a woman’s attacker on the grounds that the husband was motivated by the victim’s “disloyalty and sexual immorality.” Human rights groups called the verdict a “reflection of a culture and justice that promotes misogyny.”

The law allows third parties to file domestic violence reports. The government encouraged abused women to file complaints with the appropriate authorities and offered the victim protection against the abuser. The government’s Commission for Equality and Women’s Rights operated 39 safe houses and 28 emergency shelters for victims of domestic violence and maintained an around-the-clock telephone service. Safe-house services included food, shelter, health assistance, and legal assistance. The government-sponsored Mission against Domestic Violence conducted an awareness campaign, trained health professionals, proposed legislation to improve legal assistance to victims, and negotiated protocols with local authorities to assist victims.

Female Genital Mutilation/Cutting (FGM/C): FGM/C is a crime punishable under the law. The State Secretariat for Citizenship and Equality reported that some immigrant communities practiced FGM/C on young girls, particularly among Bissau-Guinean immigrants. According to the Healthy Practices Project, established by the government in 2018 to prevent and combat FGM/C, the country flagged 63 cases of possible female genital mutilation in 2018, although since the beginning of FGM statistics in 2014 there had been only three FGM/C cases confirmed in the country. In 2019, 129 FGM/C cases were flagged. Although flagged cases more than doubled from 2018 to 2019, State Secretary for Citizenship and Equality Rosa Monteiro considered this a positive development, since it pointed to greater vigilance and diagnostic capacity of the country’s health professionals. The National Observatory of Violence and Gender estimated in 2015 that more than 6,500 women older than age 15 had been victims of FGM/C and 1,830 girls younger than 15 may have been victims or were at risk of becoming victims.

In July the Public Ministry accused a mother of subjecting her two-year-old daughter to FGM/C. Although the crime was committed in early 2019, the accused was free awaiting trial. The Attorney General’s Office stated that this was “the first indictment for female genital mutilation in the country” and was therefore “the first case of FGM to be brought to court.” Observers reported, however, that in 2019 the Public Ministry opened seven cases of FGM: in addition to the aforementioned case, five cases had been closed and another was under investigation.

On December 17, the Public Prosecutor’s office requested an effective prison sentence for Rugui Djalo, the first defendant to be brought to trial in the country for the crime of female genital mutilation. At a hearing in the court of Sintra, the public prosecutor justified the request on the basis that the defendant, a Bissau-Guinean citizen resident in Portugal, “knew and consented to what was done” to her three-year-old daughter during a three-month stay in Guinea-Bissau. In the final allegations, the prosecutor justified the request for an effective prison sentence–even though the defendant, age 20, had no criminal record–with the “extreme gravity” of the crime, “human rights violation” for which “zero tolerance” is imposed. The reading of the sentence was scheduled for January 8, 2021.

Sexual Harassment: Sexual harassment is a crime, with penalties ranging from one to eight years in prison. If perpetrated by a superior in the workplace, the penalty is up to two years in prison, or more in cases of “aggravated coercion.”

The Commission on Equality in the Workplace and in Employment, composed of representatives of the government, employers’ organizations, and labor unions, examines, but does not adjudicate, complaints of sexual harassment. In 2019 the NGO Association for Victim Support received reports of 25 cases of sexual harassment.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children; to manage their reproductive health; and to have access to the information and means to do so, free from discrimination, coercion, or violence. The government, through the National Health Service, provides 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 and the law provide women full legal equality with men, and the government enforced the law.

Children

Birth Registration: Citizenship is derived by birth within the country’s territory and from one’s parents. Authorities registered all births immediately.

Child Abuse: Child abuse was a problem. The Association for Victim Support reported 760 crimes against children younger than 18 in 2019. According to the 2018 Annual Internal Security Report (but not in the 2019 report), Romani parents exploited minor children in labor trafficking through forced street begging. A child-abuse database was accessible to law enforcement and child protection services. The government prohibits convicted child abusers from work or volunteer activities involving contact with children. It also carried out awareness campaigns against child abuse and sexual exploitation.

Child, Early, and Forced Marriage: The minimum age for marriage is 18 for women and men, but both sexes may marry at 16 with the consent of both parents exercising parental authority, or a guardian, or, in default of the latter, a court decision.

Sexual Exploitation of Children: Statutory rape is a crime with penalties ranging up to 10 years in prison, and authorities enforced the law. The minimum age for legal consensual sex is 16. The law prohibits child pornography. Penalties range up to eight years in prison.

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

Anti-Semitism

Estimates placed the Jewish population at 3,000 to 4,000 persons. There were no reports of violent anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

The constitution and law prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities. The government generally enforced the law effectively. The law mandates access to public buildings, information, and communication for persons with disabilities, but no legislation covers private businesses or other facilities. Children with disabilities attended school through secondary education at the same rate as other children, together with their nondisabled peers.

Members of National/Racial/Ethnic Minority Groups

The Commission for Equality and Against Racial Discrimination (CICDR) is the dedicated body to combat racial discrimination. Its mission under law is to prevent and prohibit racial discrimination and to penalize actions that result in the violation of fundamental rights or in the refusal or constraint of the exercise of economic, social, or cultural rights by any person based on race, ethnic origin, color, nationality, ancestry, or territory of origin. According to its annual report, the CICDR received 436 complaints of discrimination in 2019, an increase of nearly 26 percent from 2018, including a finding of racism against a presidential candidate (who denied wrongdoing). The CICDR explained that the increase might have been due to the global Black Lives Matter movement, which led to greater awareness of racial and ethnic discrimination issues and improved understanding of the legal mechanisms available to victims.

The media reported several race-related crimes. On July 25, actor Bruno Cande Marques was killed. Cande was born in Lisbon, while his family is originally from Guinea-Bissau. Police arrested the suspect and handed the case over to the Judiciary Police, who determined the crime was not motivated by racism. The victim’s family, however, considered the death “premeditated and racist.” The family stated Cande had received death threats and racist insults from the suspect three days before the crime. SOS Racismo, a nongovernmental organization supporting antiracism work, condemned the killing and called it a hate crime.

One human rights defender received death threats, which resulted in him leaving the country for one month. When he returned, the government provided him with police protection.

The government estimated the Romani population to be between 40,000 and 50,000 persons. A large number of Roma continued to live in encampments consisting of barracks, shacks, or tents. Many settlements were in areas isolated from the rest of the population and often lacked basic infrastructure, such as access to drinking water, electricity, or waste-disposal facilities. Some localities constructed walls around Romani settlements. Media reports of police harassment, misconduct, and abuses against Roma continued.

In some localities the government provided integration and access to services for the Roma, including vaccination campaigns, monitoring of prenatal care, scholarship programs, assistance in finding employment, and a mediation program staffed by ethnic Romani mediators in the Office of the High Commission for Immigration and Intercultural Dialogue.

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

The constitution and the law prohibit discrimination based on sexual orientation and gender identity.

A 2018 gender identity law allows transgender adults to update their names and gender markers in the civil registry to reflect their gender identities without having to submit a medical certificate. Transgender minors ages 16 and 17 are also able to update their names and gender markers in the civil registry to reflect their gender identities, but they must present a clinical report.

In August 2019 the government issued a directive that allows children to make choices that correspond with their gender identity, including choosing a bathroom, wearing a girl’s or boy’s school uniform, or using a new gender name. The directive sets out administrative procedures stemming from the law that seeks to eliminate discrimination against transgender persons. The measure caused controversy among parents of school-age children, and disapproving opposition politicians called for the Constitutional Court to intervene.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of most workers to form and join independent unions, bargain collectively, and conduct legal strikes. The government generally respected these rights. The law prohibits antiunion discrimination and requires reinstatement of workers fired for union activity. The government effectively enforced applicable laws, and penalties were commensurate with those for other laws involving denial of civil rights, such as discrimination. While the law provides for freedom of association and collective bargaining, several restrictions limit these rights. The rights of police officers and members of the armed forces are limited. The Judiciary Police, the Foreigners and Borders Service, and prison guards may strike; the Public Security Police and the Republican National Guard may not. If a long strike occurs in a sector deemed essential, such as justice, health, energy, or transportation, the government may order strikers back to work for a specified period. Unions considered the list of essential sectors to be overly broad. Unions reported that compulsory conciliation and arbitration as prerequisites to strikes, restrictions on the scope of strikes, and restrictions on the types of strike actions permitted could limit the effectiveness of strikes.

The law requires unions to represent at least 50 percent of workers in a sector for collective bargaining units to be extended beyond the enterprise level. Public-sector employee unions have the right to discuss and consult with their employers on conditions of work, but they do not have the right to negotiate binding contracts. There remained a lack of clarity regarding criteria for union representation in the Permanent Commission for Social Partnerships, a tripartite advisory body. The law names specific unions, rather than giving participation rights to the most representative unions.

The government was generally effective in enforcing these laws. Resources, including inspections and remediation, were adequate. Penalties for violations range from fines to imprisonment and were commensurate with those for other laws involving denials of civil rights, such as discrimination. Administrative and judicial procedures were subject to lengthy delays or appeals.

Authorities generally respected freedom of association and the right to collective bargaining. Worker organizations could generally operate free from government interference. Requirements for enterprise-level bargaining by work councils sometimes prevented local union representatives from bargaining directly on behalf of workers. There were instances of employers undermining strikes using last-minute minimum-service requirements. According to labor union representatives, some workers received threats that union participation would result in negative performance reviews. In September 2019 cabin crew at Ryanair airline went on strike to protest exploitation through low wages and job insecurity, and the company threatened workers with a freeze of career prospects. The government decreed that minimum services were required during the stoppage, which the union considered an attempt to eliminate the right to strike.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced and compulsory labor. The government effectively enforced the law, but penalties were not commensurate with those for other serious crimes. The law places responsibility for complying with legal provisions on temporary employment agencies and employers of temporary workers. It provides that the contractor and the developer, company, or farm, as well as the respective managers, administrators, or directors, and companies with which they are connected are jointly liable for violations of the legal provisions relating to the health and safety of temporary workers and are responsible for entitlements, social security contributions, and the payment of the respective fines. Civil society, however, noted a need to strengthen monitoring and regulation of temporary employment and recruitment agencies, especially those employing and recruiting domestic workers. The government did not report investigating or prosecuting any labor recruitment agencies for fraudulent recruitment or trafficking.

Government resources dedicated to prevention of forced labor, including inspections and remediation, and enforcement of the law remained inadequate. Penalties ranging from three to 15 years’ imprisonment were sufficient to deter violations, and convictions remained low. Convicted offenders frequently avoided imprisonment, undercutting enforcement efforts and victim protections, according to NGOs and media. Government efforts to prevent and eliminate forced labor during the year included a countrywide awareness campaign and training security forces to identify, flag, and direct victims to assistance services. In 2019 courts convicted and sentenced three traffickers (a couple for sex trafficking of Brazilian women, and a Nigerian trafficker), compared with 25 convictions in 2018 (17 sex trafficking and eight forced labor).

According to the Portuguese Observatory on Trafficking in Human Beings, foreign labor trafficking victims were exploited in agriculture, construction, and domestic service, while Portuguese victims were exploited in restaurants, agriculture, and domestic service.

Traffickers subjected children to forced labor (see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. The statutory minimum age for employment is 16. The law prohibits the employment of persons younger than 18 at night, for overtime work, or in sectors considered hazardous. The Working Conditions Authority (ACT) in the Ministry of Solidarity, Employment, and Social Security has primary responsibility for enforcement of the minimum age law and enforced it effectively in major industries and the service sector. The government effectively enforced the applicable laws and penalties were commensurate with those for other serious crimes. Resources and inspections were adequate.

Child labor occurred in very limited cases. Children of Romani descent were subjected to labor trafficking through forced begging and forced criminality by coercing them to commit property crimes (also see section 6, Children). Sub-Saharan trafficking networks increasingly used the country as a route into the Schengen area to exploit children in sex trafficking and forced labor.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings .

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations prohibit discrimination with respect to employment and occupation, and the government effectively enforced these laws. Penalties were commensurate with laws related to civil rights, such as election interference.

The law requires equal pay for equal work. According to the Ministry of Solidarity, Employment, and Social Security, however, women’s average salaries were approximately 14.4 percent lower than those of men. On January 16, the government announced the “Equality Platform and Standard,” a government project to combat inequalities between women and men in the workplace.

e. Acceptable Conditions of Work

The minimum wage covers full-time workers, rural workers, and domestic employees who are at least 18 years of age and is above the poverty income level.

The legal workday may not exceed 10 hours, and the maximum workweek is 40 hours. In 2016 the government approved a return to the public sector’s traditional 35-hour working week, down from the 40 hours that had become standard in the private sector. The maximum is two hours of paid overtime per day and 200 hours of overtime per year, with a minimum of 12 hours’ rest between workdays. Premium pay for overtime worked on a rest day or public holiday is 100 percent; overtime performed on a normal working day is paid at a premium of 50 percent for the first hour and 75 percent for subsequent time worked. Unions raised concerns regarding working hour provisions on flexibility schemes and time banking, which the government noted were designed to make working hours more flexible and increase productivity. Occupational safety and health standards set by ACT were current and appropriate.

Information on enforcement of these laws in the small informal economy was not available.

ACT was responsible for enforcement of minimum wage, which was above the poverty level, and also for hours of work and safety standards in the formal sector, and it effectively enforced these measures. Resources, inspections, and remediation were adequate. Penalties ranged from fines to prison sentences, were commensurate with those for similar crimes, and were sufficient to deter violations.

Workers have the right to lodge confidential grievances with ACT regarding hazardous conditions or circumstances they believe endanger their health. Inspectors have the right to conduct inspections at any private or public company at any time without warning, and they may shut down a workplace or a business permanently or temporarily if there is imminent danger to the workers’ health or safety. Workers are registered with social security services, whose funds cover their mandatory insurance for occupational diseases and work-related accidents. ACT conducts studies on labor accidents, salaries, and working conditions. It may impose administrative penalties and file lawsuits against employers. It has the right to access company records, files, and archives, and it may provide mediation services to resolve individual or group labor disputes. Labor enforcement tended to be less rigorous in sectors such as construction and agriculture, where there was a large number of small or family businesses and where most immigrant workers were employed, according to NGOs. The government effectively enforced occupational safety and health (OSH) laws, and penalties for violations of OSH laws were commensurate with those for crimes such as negligence. ACT reported 83 deaths from work-related accidents in 2019, a decrease of 37 percent from 2018. Workers may remove themselves from situations that endanger health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation.

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

There were no reports during the year that the government or its agents committed arbitrary or unlawful killings. There is no agency specifically designated to investigate whether police killings were justified. Prosecutor’s offices handle investigations and prosecutions against police who commit killings while military prosecutors’ offices handle investigations and prosecutions against members of the gendarmerie who commit killings.

In July 2019 in the city of Vatra Dornei, three gendarmes tried for 10 minutes to immobilize physically a 55-year-old man suspected of inappropriately touching a child and used tear gas spray against him. During the intervention, the man became unconscious and was taken to the hospital, where he died the following day. In 2020, the Prosecutor’s Office attached to the Iasi Military Tribunal continued the investigation of the case, which included the prosecution of a member of the gendarmerie for abusive behavior and abuse of power.

In 2017 the trial began of former communist-era Securitate officials Marin Parvulescu, Vasile Hodis, and Tudor Postelnicu, accused of crimes against humanity before the Bucharest Court of Appeals. They were charged in the death of dissident Gheorghe Ursu, who was arrested and allegedly beaten to death by investigators and cellmates in 1985. In October 2019 the Bucharest Court of Appeals issued a nonfinal ruling acquitting Parvulescu and Hodis. Gheorghe Ursu’s son challenged the decision before the High Court of Cassation and Justice. As of November 2020, the High Court of Cassation and Justice had not issued a ruling.

In 2016 the Military Prosecutor’s Office indicted former president Ion Iliescu, former Prime Minister Petre Roman, former vice prime minister Gelu Voican Voiculescu, and former Intelligence Service director Virgil Magureanu for crimes against humanity. They were accused of involvement in the 1990 “miners’ riot,” when thousands of miners were brought to Bucharest to attack demonstrators opposed to Iliescu’s rule. According to official figures, the violence resulted in hundreds of injuries, illegal arrests, and four deaths. Media estimates of the number of injuries and deaths were much higher. Prosecutors opened the preliminary phase of the case before the High Court of Cassation and Justice in 2019, but on December 10, the court returned the indictment to prosecutors, citing irregularities.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices, but there were reports from nongovernmental organizations (NGOs) and media that police and gendarmes mistreated and abused Roma, primarily with excessive force, including beatings. Amnesty International, the European Roma Rights Center, the Romani Center for Social Intervention and Studies (CRISS), and the Civic Union of Young Roma from Romania reported several instances of police abuse against Roma, in the context of enforcing movement restrictions imposed during the COVID-19 crisis.

On April 23, media circulated a video showing the chief of police in the town of Bolintin Vale in Giurgiu County beating several Romani persons immobilized in handcuffs on the ground and verbally abusing them for speaking in the Romani language. Following expressions of public outrage, the Ministry of Interior announced it had started an investigation of the incident. Human rights NGOs also noted that on April 20, the Interior Minister’s Chief of Staff Traian Berbeceanu referred to the allegations of police abuse and stated on social media that “violence must be met with violence.”

In 2019 prosecutors in Bucharest Sector 5 opened a case against 15 employees and the director of the Rahova Penitentiary Hospital for allegedly beating several inmates between 2015 and 2018 and falsifying medical records to cover up the abuses. In September 2019 prosecutor indicted the employees, and the case remains pending before the Bucharest Tribunal.

The NGO CRISS stated that in 44 cases of police brutality against Roma over the previous 13 years, there were no convictions at the national level, often because prosecutors did not take the cases to court. The European Court of Human Rights (ECHR) ruled in several cases that the justice system had failed to deliver a just outcome in cases of police brutality, particularly against Roma and cases involving abuses in psychiatric hospitals. The average time for a ruling in cases of alleged police abuse of Roma was nearly four years. In March the ECHR issued a ruling on a case involving the 2005 shooting of a 15-year-old Romani girl at close range by a police officer at a train depot in Chitila. As a result of the shooting, the victim suffered severe wounds and required surgery to remove part of her liver. The ECHR noted that authorities failed to ensure that physical evidence linked to the incident was gathered and preserved. Technical and medical expert reports were not produced until several years later, preventing the investigating authorities from making conclusive findings. Both the Prosecutor attached to the High Court of Cassation and Justice and a Bucharest district court dismissed the victim’s complaint in 2014 and 2015. According to the ECHR, authorities did not make genuine efforts to establish the events of the 2005 police operation.

In 2019 a total of 194 complaints against penitentiary staff had been lodged with the National Penitentiary Authority (NPA) for abuses of inmates’ rights, acts of discrimination, mistreatment, and inappropriate behavior. According to the Ministry of Foreign Affairs (MFA), the NPA referred 76 complaints submitted by inmates in 2019 to authorities.

Impunity was a significant problem in the security forces, particularly among police and gendarmerie. Police officers were frequently exonerated in cases of alleged beatings and other cruel, inhuman, or degrading treatment. A widespread perception of police corruption and inefficiency contributed to citizens’ lack of respect for police. Low salaries also contributed to making individual law enforcement officials susceptible to bribery. Prosecutors are responsible for investigating abuses according to provisions in the country’s criminal legislation. The Directorate for Internal Review within the Romanian Police can conduct, under prosecutorial supervision, criminal investigations of abuses committed by members of the police as well as internal administrative investigations. The government took the following steps to increase respect for human rights by the security forces: members of the police and gendarmerie were provided briefings on a wide range of human rights issues, including a European Court of Human Rights decision on police violence against Roma; police schools and academies reserved several seats for admission opened only to persons of Romani ethnicity; the Ministry of Interior, the police, police schools and academies, as well as gendarmerie schools provided trainings to students, noncommissioned officers, and officers on a wide range of human rights issues, including gender-based violence, racism, discrimination, and diversity.

According to the United Nations, three allegations of sexual exploitation and abuse by Romanian peacekeepers reported in 2017 and 2018 were pending. All cases involved military observers deployed in UN Stabilization Mission in the Democratic Republic of Congo. One case involved the alleged sexual abuse (rape) of a minor. The peacekeeper in question was repatriated by the United Nations. The other two cases involved alleged sexual exploitation (transactional sex). Investigations by Romanian authorities were pending.

Prison and Detention Center Conditions

Prison conditions remained harsh and overcrowded and did not meet international standards. The abuse of prisoners by authorities and other prisoners reportedly continued to be a problem.

Physical Conditions: According to official figures, overcrowding was a problem, particularly in those prisons that did not meet the standard of 43 square feet per prisoner set by the Council of Europe. Conditions remained generally poor within the prison system, and observers noted insufficient spending on repair and retrofitting. According to the Ministry of Foreign Affairs, men and women, juveniles and adults, and pretrial detainees and convicted persons were not held together.

Media outlets, NGOs, and the ombudsperson reported that prisoners regularly assaulted and abused fellow inmates.

Several prisons provided insufficient medical care, and inmates complained that food quality was poor and sometimes insufficient in quantity. According to the MFA, during the year the amount and quality of food improved. In some prisons heating and ventilation were inadequate. According to the Association for the Defense of Human Rights-Helsinki Committee (ADHR-HC), inmates did not have access to adequate counseling, and many psychologist and social worker positions were not filled. Persons with mental disorders did not receive sufficient care and were frequently isolated by other inmates. The ADHR-HC stated that the actual number of persons who had mental health problems was three times higher than the number of inmates who received treatment for mental illness.

In May several inmates set fire to the Satu-Mare Penitentiary, resulting in the death of three inmates and the hospitalization of two others. Following the incident, the NPA notified authorities and started an internal investigation.

The ADHR-HC stated that some pretrial detention facilities had inadequate conditions, particularly in terms of hygiene. Such facilities were often located in basements and had no natural light and inadequate sanitation. In some pretrial facilities and prisons, there was no possibility for confidential meetings between detainees and their families or attorneys. The ADHR-HC also criticized the lack of HIV and hepatitis prevention measures.

Administration: Inmates have the possibility of filing complaints with law enforcement agencies and judges. Independent authorities did not always investigate credible allegations of inhuman conditions.

Independent Monitoring: The government permitted monitoring visits by independent human rights observers, and such visits occurred during the year. The ombudsperson also visited prisons as part of her mandate to monitor places of confinement.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention, and the government generally respected these prohibitions. The law provides for the right of any person to challenge the lawfulness of his or her detention.

To prevent the spread of COVID-19, the government hospitalized or placed in supervised quarantine tens of thousands of persons between March and June based on regulations later deemed unconstitutional. In June the Constitutional Court found unconstitutional a 2006 law and an emergency ordinance passed during the year that allowed the Health Minister to authorize mandatory hospitalization and quarantines in order to prevent the spread of epidemics. According to the Constitutional Court, mandatory hospitalization and placement in quarantine represented deprivations of freedom and the procedures related to these measures should have been clear and predictable, included provisions for the protection of fundamental rights, and based on law.

Arrest Procedures and Treatment of Detainees

By law only judges may issue detention and search warrants, and the government generally respected this provision. Authorities must inform detainees at the time of their arrest of the charges against them and their legal rights, including the right to remain silent and the right to an attorney. Police must notify detainees of their rights in a language they understand before obtaining a statement and bring them before a court within 24 hours of arrest. Although authorities generally respected these requirements, there were some reports of abuses during the year. Pending trial, if the alleged offender does not pose any danger to conducting the trial, there is no concern of flight or commission of another crime, and the case does not present a “reasonable suspicion” that the person would have committed the offense, the investigation proceeds with the alleged offender at liberty. Depending on the circumstances of the case, the law allows home detention and pretrial investigation under judicial supervision, which requires the person accused to report regularly to law enforcement officials. A bail system also exists but was seldom used. Detainees have the right to counsel and, in most cases, had prompt access to a lawyer of their choice. Authorities provided indigent detainees legal counsel at public expense. The arresting officer is also responsible for contacting the detainee’s lawyer or, alternatively, the local bar association to arrange for a lawyer. A detainee has the right to meet privately with counsel before the first police interview. A lawyer may be present during the interview or interrogation.

The law allows police to take an individual to a police station without a warrant for endangering others or disrupting public order. Following amendments that entered into force in January, the provision that allowed police to hold persons for up to 24 hours was replaced with a provision that imposes the obligation to release persons “at once.” The ADHR-HC criticized the amendment as leaving room for abuse because of the vagueness of the term “at once.”

Pretrial Detention: A judge may order pretrial detention for up to 30 days. A court may extend this period in 30-day increments up to a maximum of 180 days. Under the law detainees may hold courts and prosecutors liable for unjustifiable, illegal, or abusive measures.

The law allows for home detention using electronic monitoring devices, but the government did not procure such devices, and persons were placed under home detention without them. A judge may detain a person for up to five years during a trial, which is deducted from the prison sentence if the person is convicted.

e. Denial of Fair Public Trial

Lack of sufficient personnel, physical space, and technology to enable the judiciary to act swiftly and efficiently continued, resulting in excessively long trials.

The constitution provides for an independent judiciary. The Superior Council of Magistrates (CSM) is the country’s judicial governance body and is responsible for protecting judicial independence. It generally maintained transparency and suspended judges and prosecutors suspected of legal violations. In May, the CSM voted against disbanding the Section to Investigate Offenses in the Judiciary, an entity that judicial and law enforcement stakeholders criticized as having the potential to intimidate judges and prosecutors. In July the CSM judges’ section voted for the six-month suspension of a judge from Bihor for having given an interview that included her concerns that local “networks of interests”–judiciary and business representatives–joined forces to have “inconvenient” judges like herself removed. Additionally, in the case of the dismissal of former National Anticorruption Directorate (DNA) Chief Prosecutor Laura Kovesi, the European Court of Human Rights (ECHR) ruled that Kovesi was wrongly dismissed from her position in 2018, saying that her dismissal infringed on her rights to access to a court and freedom of expression. President Iohannis responded that the ECHR’s decision places on Romania’s Constitutional Court the obligation to not only review its decision regarding Kovesi’s dismissal, but also any other decisions touching on an individual’s public statements.

The government generally respected judicial independence and impartiality. Some prosecutors and judges complained to the council that media outlets and politicians’ statements damaged their professional reputations.

Trial Procedures

The constitution and the law provide for the right to a fair and public trial, and an independent judiciary generally enforced this right.

Under the law defendants enjoy the right to the presumption of innocence, have the right to be informed promptly and in detail of the charges against them, and have the right to free linguistic interpretation, as necessary, from the moment charged through all appeals. Trials should take place without undue delay, but delays were common due to heavy caseloads or procedural inconsistencies. Defendants have the right to be present at trial. The law provides for the right to counsel and the right to consult an attorney in a timely manner. The law requires that the government provide an attorney to juveniles in criminal cases; the Ministry of Justice paid local bar associations to provide attorneys to indigent clients. Defendants may confront or question witnesses against them (unless the witness is an undercover agent) and present witnesses and evidence on their own behalf. The law generally provides for the right of defendants and their attorneys to view and consult case files, but prosecutors may restrict access to evidence for such reasons as protecting the victim’s rights and national security. Both prosecutors and defendants have a right of appeal. Defendants may not be compelled to testify against themselves and have the right to abstain from making statements. Prosecutors may use any statements by defendants against them in court.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

Civil courts are independent and function in every jurisdiction. Judicial and administrative remedies are available to individuals and organizations for abuses of human rights by government agencies. Plaintiffs may appeal adverse judgments involving alleged abuses of human rights by the state to the ECHR after exhausting the avenues of appeal in domestic courts.

Approximately 80 percent of court cases were civil cases. Caseloads were distributed unevenly, resulting in vastly different efficiency rates in different regions. A lack of both jurisprudence and a modern case management system contributed to a high number of appeals as well as lengthy trials. Litigants sometimes encountered difficulties enforcing civil verdicts because the procedures for enforcing court orders were unwieldy and prolonged.

Property Restitution

According to the National Authority for Property Restitution (ANRP), the Jewish community is entitled to receive compensation for buildings and land that belonged to the Judaic religious denomination or legal entities of the Jewish community that were confiscated between September 6, 1940, and December 22, 1989. Individuals are entitled to compensation only for real estate confiscated between 1945 and 1989. The government has laws and mechanisms in place to address Holocaust-era property claims.

The law for returning property seized by the former communist and fascist regimes includes a “points” system to compensate claimants where restitution of the original property is not possible. Claimants may use the points to bid in auctions of state-owned property or exchange them for monetary compensation. The parliament intended the law to speed up restitution, but local authorities hindered property restitution by failing to complete a land inventory stipulated by law. The government twice extended the deadline for the inventory’s completion.

There were numerous disputes over church buildings and property that the Romanian Orthodox Church failed to return to the Greek Catholic Church, despite court orders to do so. The government did not take effective action to return churches confiscated by the post-World War II communist government. There continued to be lengthy delays in processing claims related to properties owned by national minority communities. Under the law there is a presumption of abusive transfer that applies to restitution of private property but not to religious or communal property. In many cases, documents attesting to the abusive transfer of such properties to state ownership no longer existed. Religious and national minorities are not entitled to compensation for nationalized buildings that were demolished.

Associations of former owners asserted that the points compensation system was ineffective and criticized the restitution law for failing to resolve cases fairly, as well as for lengthy delays and corruption. While the pace of resolving restitution cases at the administrative level increased, the number of properties returned involving churches and national minorities was disproportionately low. The number of cases resolved annually has remained approximately constant over the past three years, (an average of 1,300), but the number of positive decisions remained extremely low. Religious communities disputing these rulings continued having to go to court and incur additional costs. As of September, there were 4,442 pending requests for restitution from religious denominations.

According to advocates of the Romanian Jewish community, the disappearance of entire document repositories, combined with limited access to other archives, prevented the Jewish community from filing certain claims before the legal deadlines. The ANRP rejected most restitution claims concerning former Jewish communal properties during its administrative procedures. The Caritatea Foundation, established by the Federation of Jewish Communities in Romania and World Jewish Restitution Organization (WJRO) to claim communal properties, challenged these negative ANRP decisions in court. The WJRO also reported that the restitution of heirless private Jewish properties was not completed and that there was insufficient research concerning property that had belonged to Jewish victims of the Holocaust.

The Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, which covers Holocaust-era restitution, was released on July 29 and is available on the Department’s website: https://www.state.gov/reports/just-act-report-to-congress/.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

Although the constitution and law prohibit such actions, there were accusations by NGOs, politicians, and journalists that authorities failed to respect people’s rights.

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government partially respected this right. Independent media organizations noted excessive politicization of media, corrupt financing mechanisms, as well as editorial policies subordinated to the former elected ruling party and owners’ interests. Reporters said their freedom of expression was also limited by restricted access to information of public interest issued by the previous government and public institutions, including expenses, contracts, or bids involving public funds, and officials’ academic records, and pandemic records. Reporters and NGOs often had to sue state-controlled ministries, agencies, or local entities to access public information.

Freedom of Speech: The law prohibits Holocaust denial and promoting or using symbols representing fascist, racist, xenophobic ideologies, or symbols associated with the interwar nationalist, extremist, fascist and anti-Semitic Legionnaire movement. Various government bodies, mainly the gendarmerie, continued to fine, place under temporary arrest, or block individuals who protested in the streets for differing causes.

The Gendarmerie fined several individuals who attended an August 10 protest in Victoria Square to commemorate the victims of the Gendarmerie’s violent intervention against pro-rule-of-law protesters on August 10, 2018. Those fined included reporter Mircea Savin of Podul.ro.

Freedom of Press and Media, Including Online Media: While independent media were active and expressed a wide variety of views without overt restriction, politicians or persons with close ties to politicians and political groups either owned or indirectly controlled numerous media outlets at the national and local levels. The news and editorial stance of these outlets frequently reflected their owners’ views and targeted criticism at political opponents and other media organizations.

On March 4, the High Court of Justice ruled against an appeal by Vrancea County Council President Marian Oprisan (PSD) against reporter Sebastian Oancea of Vrancea24 who wrote about public contracts granted by Oprisan to his business associates and individuals with criminal records. It was the fourth case lost by Oprisan against Oancea in recent years.

In March the government ordered prefects and public health authorities to ban the publication of county-level information on the number of COVID-19 tests performed and number of infections. On March 20, 14 civic associations issued a joint statement protesting the move, and on April 6, almost 100 news outlets and 165 journalists from national and local organizations signed a freedom of information request initiated by the Center for Independent Journalism asking for fair and timely access to COVID-19 information. Due to media and NGO protests, in April the government created a Strategic Communications Task Force to manage messaging during the pandemic. It also expanded its daily reports to include county-level breakdowns.

Violence and Harassment: Some reporters throughout the country continued to be harassed, sued, or threatened by authorities they investigated or by their proxies.

In February reporters Alex Costache of TVR and Cosmin Savu of ProTV were followed, filmed, and intimidated by six individuals before, during, and after the two met with a military prosecutor and a judge at a private event in a restaurant. Footage of the four was disseminated on February 21 by outlets controlled by oligarchs and media owners facing criminal chargers, under investigation, or previously arrested for fraud. Military prosecutors opened an investigation into the illegal surveillance and filming. In April, Prosecutor General Gabriela Scutea dismissed the evidence gathered by military prosecutors, claiming the prosecutors lacked jurisdiction.

Internet Freedom

The government did not systematically restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority.

On March 16, President Klaus Iohannis signed an emergency decree that included provisions to counter the spread of disinformation related to COVID-19 online and allowed for the removal of reports and entire websites deemed to be spreading false information; the decree provided no appeal or redress mechanisms. The National Authority for Management and Regulation in Communications, an institution for communication infrastructure with no expertise in media content, was given responsibility for implementing the decree. In response, on March 30 the Organization for Security and Cooperation in Europe (OSCE)’s Representative on Freedom of the Media issued a press release urging authorities to restore the capacity of journalists to act in the public interest, without undue restriction and to respect the principles of necessity and proportionality in any decision related to the emergency situation. The European Federation of Journalists also urged President Iohannis and the Government of Romania to revise emergency policies restricting reporters’ access to information regarding the spread of COVID-19 and the regulations giving authorities the power to shut down websites. The government suspended 15 websites.

Academic Freedom and Cultural Events

On June 16, the Senate adopted an Education Law amendment banning schools and universities from discussing gender identity. The vote generated numerous protests from associations of university rectors, professors, doctors, psychologists, and cultural figures, who the amendment violated academic and cultural freedoms as well as the right to a science-based education. President Iohannis challenged the amendment at the Constitutional Court, arguing the amendment violated the constitution. On December 16, the Constitutional Court declared the amendment unconstitutional.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedom of association, but the government occasionally restricted freedom of peaceful assembly.

Freedom of Peaceful Assembly

The constitution provides for freedom of peaceful assembly, which the government has generally respected. The law provides that unarmed citizens may assemble peacefully but also stipulates that meetings must not interfere with other economic or social activities and may not take place near such locations as hospitals, airports, or military installations. In most cases organizers of public assemblies must request permits in writing three days in advance from the mayor’s office of the locality where the gathering is to occur.

In 2018, the Supreme Court ruled that public gatherings, including protests, must be declared in advance when they are to be held in markets, public spaces, or in the vicinity of institutions “of public or private interest.” The decision was mandatory. Activists opposed these restrictions, stating that by announcing the protests, those who take to the streets would be forced to take responsibility not only for themselves, but also for larger groups or for instigators to violence who may be brought there to compromise peaceful anticorruption protests.

In 2018 a protest at Victoria Square in Bucharest attracted approximately 100,000 protesters. Gendarmes used tear gas and water cannon indiscriminately, harming peaceful protesters, some of whom were children or elderly. More than 770 criminal complaints concerning violent incidents that allegedly constituted excessive force against peaceful protesters were submitted to authorities. During the year, the Directorate for Investigating Organized Crime and Terrorism (DIICOT) announced it was suspending investigations of four senior officials in relation to the protest and that investigations of rank-and-file gendarmes accused of excessive violence would continue under the coordination of military prosecutors. Following public outcry, DIICOT reinstated charges of abuse of office and abusive conduct against the senior officials and submitted its decision to the preliminary chamber of the Bucharest Court of Appeal for confirmation. The Bucharest Court of Appeal declined its jurisdiction and sent the case to the Bucharest Tribunal which, as of November, had not made a decision.

To prevent the spread of COVID-19, between March and September the government maintained a ban on public gatherings. On September 15, the government introduced regulations that allowed public gatherings of a maximum of 100 persons. Observers and several NGOs including the Civil Liberties Union for Europe and the Greenpeace European Unit noted that the government maintained the ban on public gatherings while allowing other types of events, such as concerts, to have up to 500 participants.

Freedom of Association

The constitution provides for freedom of association, and the government generally respected this right. The law prohibits fascist, racist, or xenophobic ideologies, organizations, and symbols.

c. Freedom of Religion

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

d. Freedom of Movement

The constitution and law provide for the freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

In-country Movement: The internal movement of beneficiaries of international protection and stateless persons was generally not restricted. Asylum seekers may be subject to measures limiting their freedom of movement and to detention in specific circumstances. The law and implementing regulations provide that the General Inspectorate for Immigration may designate a specific place of residence for an applicant for asylum while authorities determine his or her eligibility, or may take restrictive measures, subject to approval by the prosecutor’s office, that amount to administrative detention in “specially arranged closed areas.” According to the Office of the UN High Commissioner for Refugees (UNHCR), as of October no such cases of asylum detention were recorded during the year. Applicants who do not qualify for asylum are treated as aliens without a right to stay in the country and may be taken into custody pending deportation. According to the law, those applying for asylum while in public custody were released from detention if granted access to the ordinary procedure. Detention in public custody centers is subject to regular review and should not exceed six months unless there are specific circumstances, in which case detention may be extended for up to 18 months. Applicants for or beneficiaries of international protection in certain circumstances, particularly those declared “undesirable” for reasons of national security, may be subject to administrative detention in public custody centers.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

The government cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, and other persons of concern, which could include irregular migrants potentially in need of international protection.

Abuse of Migrants, Refugees, and Stateless Persons: According to UNHCR, several incidents of harassment, discrimination, and crimes against refugees and migrants were reported throughout the year throughout the country, although most incidents were not reported because of fear, lack of information, inadequate support services, and inefficient redress mechanisms.

Refoulement: The law establishes exceptions to the principle of nonrefoulement and the withdrawal of the right to stay following a declaration of a person as “undesirable.” This may occur, for example, when classified information or “well founded indications” suggest that aliens (including applicants for asylum, or persons granted asylum) intend to commit terrorist acts or favor terrorism. Applicants for protection declared “undesirable” on national security grounds were taken into custody pending the finalization of their asylum procedure and then deported.

Access to Asylum: The law provides access to asylum procedures to foreign nationals and stateless persons who express their desire for protection, which may be in the form of refugee status or temporary “subsidiary protection” status. The law prohibits the expulsion, extradition, or forced return of any asylum seeker at the country’s border or from within the country’s territory, but this was not without exceptions, particularly in cases that fell under the country’s national security and terrorism laws.

The law also refers to the concept of a safe third country. The law extends to irregular migrants who transited and were offered protection in a third country considered safe or who had the opportunity at the border or on the soil of a safe third country to contact authorities for the purpose of obtaining protection. In such cases authorities could deny access to asylum procedures if the designated safe third country agreed to readmit the applicant to its territory and grant access to asylum procedures. According to the MFA, the government has not rejected any application for protection on a safe third country basis.

Freedom of Movement: The law incorporates four “restrictive” measures under which the internal movement of applicants for asylum may be limited. The first two establish an obligation to report regularly to the General Inspectorate for Immigration or to reside at a regional reception center. A third restrictive measure allows authorities to place applicants in “specially arranged closed areas” for a maximum of 60 days, either to access the asylum procedure or if the asylum seeker is deemed to pose a danger to national security. There was no case of an asylum applicant being placed in a specially arranged closed area through August. Authorities may also place asylum applicants in administrative detention in a public custody center if they are subject to a transfer to another EU member state under the Dublin Regulations or if they have been declared “undesirable” for reasons of national security, pending their removal from the country.

According to UNHCR, irregular migrants, persons declared as “undesirable,” asylum seekers deemed to pose a “risk of absconding,” as well as other categories of foreigners may face detention in public custody centers or in closed areas inside reception centers. Under provisions of the law to limit “abuse to the asylum procedure,” irregular migrants who submitted their first application for international protection while in custody were released from detention only if granted access to the ordinary asylum application procedure. The provisions raised concerns among UN agencies and civil society due to the ambiguity in the phrases “abuse of the asylum procedure” and “risk of absconding.”

The period of detention in a public custody center could be prolonged up to a maximum of 18 months.

Employment: While persons granted international protection have the legal right to work, job scarcity, low wages, lack of language proficiency, and lack of recognized academic degrees and other certifications often resulted in unemployment or employment without a legal contract and its related benefits and protections. Obtaining a legal work contract remained difficult for various reasons, including tax concerns and the reluctance of employers to hire refugees.

Access to Basic Services: Effective access by persons with refugee status or subsidiary protection to education, housing, lifelong learning and employment, public health care, and social security varied across the country, depending on the level of awareness of various public and private actors responsible for ensuring access to these services.

Beneficiaries of international protection continued to face problems with local integration, including access to vocational training adapted to their specific needs, counseling programs, and naturalization. According to UNHCR, refugee integration programs relied almost exclusively on NGOs, with coordination from the General Inspectorate for Immigration. The support services or targeted integration and inclusion programs provided by local governments to refugees were limited. Access to education was problematic, and several school inspectorates refused to organize Romanian language classes. According to several reports, schools across the country, including in large cities such as Bucharest, delayed enrollment of refugee children in school for several months.

Temporary Protection: The government may grant “tolerated status” to persons who do not meet the requirements for refugee status or subsidiary protection, but who cannot be returned for various reasons. These reasons include cases where stateless persons are not accepted by their former country of habitual residence or where the lives or well-being of returnees could be at risk. Persons with “tolerated status” have the right to work but not to benefit from any other social protection or inclusion provisions, and the government restricted their freedom of movement to a specific region of the country.

Recipients of subsidiary protection complained of problems regarding their freedom of movement to other countries due to the additional visa requirements. UNHCR reported that refugees saw citizenship acquisition as a cumbersome, costly, and difficult process, with some requirements, particularly related to the applicant’s financial situation, that were difficult to meet.

g. Stateless Persons

According to the MFA, as of July there were 275 stateless persons with valid residence documents in the country. These included legal residents under the aliens’ regime, stateless persons of Romanian origin, as well as persons granted some form of international protection. Data on stateless persons, including on persons at risk of statelessness and persons of undetermined nationality, were not reliable due to the absence of a procedure to determine statelessness, the absence of a single designated authority responsible for this purpose, and the lack of adequate identification and registration of persons with unknown or undetermined nationality.

The law includes favorable provisions for stateless persons of Romanian origin to reacquire citizenship. Nevertheless, a significant gap persisted due to the lack of safeguards against statelessness for children born in the country, who would be stateless because their parents either were themselves stateless or were foreigners unable to transmit their nationality.

The law provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: The country held local elections on September 27 and parliamentary elections on December 6 that were considered free and fair and without significant irregularities. In 2016 the country held parliamentary elections that election observers also considered free and fair.

Political Parties and Political Participation: The law requires political parties to register with the Bucharest Tribunal and to submit their statutes, program, and a roster of at least three members. Critics asserted that certain requirements undermine the freedom of association. These include the requirement that parties field candidates–by themselves or in alliance–in at least 75 electoral constituencies in two successive local elections, or that they field a full slate of candidates in at least one county or partial slates of candidates in a minimum of three counties in two successive parliamentary elections. A party’s statutes and program must not include ideas that incite war; discrimination; hatred of a national, racist, or religious nature; or territorial separatism.

Participation of Women and Members of Minority Groups: No laws limit participation of women or members of minority groups in the political process, and they did participate. A report by local NGO Expert Forum found that the number of female candidates in the September local elections increased to 22.9 percent from 21.4 percent in the 2016 local elections. Societal attitudes presented a significant barrier, and women remained underrepresented in positions of authority. As of January 1, there were 61 women in the 330-seat Chamber of Deputies and 25 women in the 136-seat Senate.

Under the constitution each recognized ethnic minority is entitled to a representative in the Chamber of Deputies. An organization is required, however, to receive votes equal to 5 percent of the national average number of votes cast by district for a deputy to be elected. The list of organizations that benefit from these provisions is limited to those that are already part of a National Council of Minorities, which consists of organizations already in parliament. The law sets more stringent requirements for minority organizations without a presence in parliament. To participate in elections, such organizations must provide the Central Electoral Bureau a membership list equal to at least 15 percent of the total number of persons belonging to that ethnic group, as determined by the most recent census. If this number amounts to more than 20,000 persons, the organization must submit a list with at least 20,000 names distributed among a minimum of 15 counties plus the city of Bucharest, with no fewer than 300 persons from each county. Some organizations and individuals, particularly Romani activists, claimed this rule was discriminatory.

Ethnic Hungarians, represented by the Democratic Union of Hungarians in Romania political party, were the sole ethnic minority to gain parliamentary representation by surpassing the 5 percent threshold of all valid votes cast nationally, the threshold set for political parties. One Romani organization, Roma Party-Pro Europe, had a single representative in parliament.

The law provides criminal penalties for corruption by officials. Nevertheless, corrupt practices remained widespread despite several high-profile prosecutions. There were numerous reports of government corruption during the year.

According to expert opinion, corruption remained a problem. Bribery was common in the public sector. Laws were not always implemented effectively, and officials sometimes engaged in corrupt practices with impunity.

Corruption: The DNA continued to investigate and prosecute corruption cases involving political and administrative officials throughout the year. In April the DNA indicted former PSD Health Minister and hospital manager Sorina Pintea for taking bribes.

Verdicts in corruption cases were often inconsistent, with sentences varying widely for similar offenses. Enforcement of court procedures lagged mostly due to procedural and administrative problems, especially with respect to asset forfeiture.

Corruption was widespread in public procurement. A 2016 law provides for a comprehensive software mechanism to flag potential conflicts of interest in public procurement. Bribery was common in the public sector, especially in health care. Individual executive agencies were slow in enforcing sanctions, and agencies’ own inspection bodies were generally inactive. During the COVID-19 pandemic, the DNA launched several investigations into procurement fraud related to purchasing personal protective equipment and ventilators. These investigations continued.

Financial Disclosure: The law empowers the National Integrity Agency (ANI) to administer and audit financial disclosure statements for all public officials and to monitor conflicts of interest. The law stipulates that the agency may identify “significant discrepancies” between an official’s income and assets, defined as more than 45,000 lei ($10,600), and allows for seizure and forfeiture of unjustified assets. The mechanism for confiscation of “unjustified assets” was cumbersome. Through September 18, ANI identified four cases of “significant discrepancies” totaling 3 million lei ($707,000). Through September 18, ANI identified 58 cases of incompatibilities, 19 cases of conflicts of interest, and eight cases with strong indications of criminal or corruption offenses. During the year ANI reviewed 13,268 public procurement procedures and issued seven integrity warnings.

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials generally met with human rights NGOs and were cooperative and sometimes responsive to their views.

In March 2019 the National Center for Mental Health and Antidrug Fight, a governmental agency overseen by the Ministry of Health, revoked an authorization allowing the Center for Legal Resources (CLR) to visit psychiatric wards. As of November, the CLR was not allowed visits to psychiatric wards. The CLR is an NGO that reports on alleged abuse of institutionalized persons with disabilities.

Government Human Rights Bodies: The Office of the Ombudsperson has limited power and no authority to protect citizens’ constitutional rights in cases requiring judicial action. The ombudsperson is the national preventive mechanism implementing the optional protocol to the UN Convention against Torture. This gives the ombudsperson the power to conduct monitoring visits to places where individuals are deprived of their liberty, including prisons, psychiatric hospitals, and asylum centers. As of September the ombudsperson issued 164 recommendations to penitentiaries, schools, local governments, and governmental agencies.

In 2017, the government established the Office of the Children’s Ombudsperson empowered to examine human rights complaints made by children or their legal representatives. In 2016, parliament established the Council for Monitoring the Implementation of the Convention on the Rights of Persons with Disabilities. The council was authorized to make unannounced visits in centers and hospitals for persons with disabilities to check if the rights of these persons were respected, issue recommendations, and submit criminal complaints. As of September the council had issued five reports during the year with recommendations based on visits to residential centers for persons with disabilities, including improved training for staff and facility renovations. Observers reported the council’s recommendations and reports were inaccurate and noted that conditions had not improved. Human rights activists and media regarded the institution as ineffective and believed that the inspectors who drafted the reports lacked the necessary human rights expertise.

Each chamber of parliament has a human rights committee tasked with drafting reports on bills pertaining to human rights.

The National Council for Combating Discrimination (CNCD) is the government agency responsible for applying domestic and EU antidiscrimination laws. The CNCD reports to parliament. The CNCD operated with the government’s cooperation and, for the most part, without government or party interference. Observers generally regarded the CNCD as effective, but some criticized it for a lack of efficiency and political independence.

Women

Rape and Domestic Violence: Rape, including spousal rape, is illegal. The law provides for five to 10 years’ imprisonment for rape and two to seven years’ imprisonment for sexual assault. If there are no aggravating circumstances and the attack did not lead to death, police and prosecutors may not pursue a case on their own, but they require a victim’s complaint, even if there is independent physical evidence.

The law classifies family violence as a separate offense and stipulates that when murder, battery, or other serious violence is committed against a family member, the penalty is increased. The law also states that, if the parties reconcile, criminal liability is removed. Amendments to the law on equal opportunities for men and women passed during the year include cyberviolence among the forms of domestic violence and defines it as the occurrence of online harassment, online messages that incite to hate based on gender criteria, or the nonconsensual publication of private graphic content that aim to humiliate, scare, threaten or reduce victims to silence. The FILIA Center for Gender Studies and Curriculum Development–an NGO that aims to promote gender equality–stated that there were no regulations to implement these amendments.

Violence against women, including spousal abuse, continued to be a serious problem that the government did not effectively address. The law provides for the issuance of provisional restraining orders by police for a maximum of five days and restraining orders by a court for a maximum of six months upon the victim’s request or at the request of a prosecutor, the state representative in charge of protecting victims of family violence, or, if the victim agrees, a social service provider. Violation of a restraining order is punishable by imprisonment for six months to five years, but the FILIA center stated that some judges may issue lesser sentences because of overlapping legislation. The court may also order an abuser to undergo psychological counselling. The FILIA Center stated that police lacked procedures for the implementation and monitoring of restraining orders.

In February, a man under a restraining order killed his wife in the town of Chitila. According to the FILIA Center, the man had violated the restraining order multiple times, a fact which police were aware of, and the woman had asked social services to provide her a secure place to live in order to prevent her husband from contacting her. Regulations authorize local governments to establish emergency mobile intervention teams that assist victims of domestic violence. Observers stated that teams lacked training and funding and were often ineffective. The FILIA Center conducted a study that revealed that most local governments of cities and villages in Bacau County did not fund any social services for victims of domestic violence, a situation that was common throughout the country.

Several human rights activists reported that some police officers tried to dissuade victims of rape from pressing charges against their aggressors and, in some cases, refused to register criminal complaints submitted by victims. In some instances, police delayed action against sexual abusers. E-Romnja, an NGO that works to advance the rights of Romani women, stated police often discouraged Romani women and girls from filing complaints. E-Romnja described the case of a 14-year-old girl who reported a rape to police in April and continued to report the case for six months. Police opened an investigation but did not question the suspect and failed to protect the victim from repeated harassment by the suspect and his family. Following several interventions from the victim’s lawyer and E-Romnja, police forwarded the case to the Prosecutor’s Office and the suspect was placed in pretrial detention in September.

Courts prosecuted very few cases of domestic abuse. Many cases were resolved before or during trial when the alleged victims dropped their charges or reconciled with the alleged abuser.

Sexual Harassment: Criminal law prohibits sexual harassment, which it defines as repeatedly asking for sexual favors in a work or similar relationship. A victim’s complaint is necessary to initiate a criminal investigation. Penalties range from fines to imprisonment of three months to one year. The law on equal opportunities for men and women defines sexual harassment as the occurrence of unwanted behavior with a sexual connotation, which can be expressed physically, verbally, or nonverbally and has the effect or result of damaging a person’s dignity and, in particular, the creation of a hostile, intimidating, degrading, humiliating, or offensive environment.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children, but some individuals did not have access to the information and means to do so. According to several NGOs and observers, there were infrastructure and information barriers to an individual’s ability to maintain his or her reproductive health, including the lack of community health care and age-appropriate sex education for adolescents. Some women, especially those from poor, rural, or Romani communities, had difficulty accessing reproductive health services due to a lack of information, ethnic discrimination, and poverty.

Access to government-funded contraception and family planning services was limited because of insufficient funding and training for health professionals. According to the World Health Organization, as of 2020, 71.8 percent of women of reproductive age had their need for family planning satisfied by modern methods of contraception.

Observers reported that throughout the COVID-19 pandemic, some maternity hospitals were open only for patients infected with COVID-19, making access to reproductive and prenatal care more difficult. Although home birth is not prohibited by law, regulations forbid health professionals from providing home birth services. According to UNICEF, skilled health personnel attended 94.8 percent of deliveries in 2018.

The government provided access to sexual and reproductive health services to survivors of sexual violence, but some women had difficulties accessing these services.

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

Discrimination: Under the law women and men enjoy equal rights. Women experienced discrimination in marriage, divorce, child custody, employment, credit, pay, owning or managing businesses or property, education, the judicial process, and housing. The law requires equal pay for equal work, but there was a 3.5-percent gender pay gap according to EU data. Segregation by profession existed, with women overrepresented in lower-paying jobs. There were reports of discrimination in employment. Women experienced discrimination in access to pension benefits and retirement (see section 7.d.).

Children

Birth Registration: Children derive citizenship by birth from at least one citizen parent. Although birth registration is mandatory by law, it was not universal, and authorities denied some children public services as a result. Most unregistered children had access to schools, and authorities assisted in obtaining birth documents for unregistered children, but the education of unregistered children depended on the decision of school authorities. The law provides simplified birth registration for children whose mothers do not have proper documentation to register their children.

Child Abuse: Child abuse, including emotional, physical, and psychological violence and neglect, continued to be serious problems. Media outlets reported several severe cases of abuse or neglect in family homes, foster care, and child welfare institutions. The government has not established a mechanism to identify and treat abused and neglected children and their families.

Child, Early, and Forced Marriage: The legal age of marriage is 18 for both men and women, but the law permits minors as young as 16 to marry under certain circumstances. Illegal child marriage was reportedly common in certain social groups, particularly among some Romani communities. NGOs reported cases of Romani girls as young as 11 being sold into marriage by their families. Child protection authorities and police did not always intervene in such cases. There were no public policies to discourage child marriage.

Sexual Exploitation of Children: The law provides one- to 12-year prison sentences for persons convicted of sexual acts with minors, depending on the circumstances and the child’s age. Sexual intercourse with a minor who is 14 to 16 years of age is punishable by a one- to five-year prison sentence. Sexual intercourse with a person younger than 14 is punishable by a two- to nine-year prison sentence and deprivation of some rights. The law also criminalizes sexual corruption of minors (which includes subjecting minors to sexual acts other than intercourse or forcing minors to perform such acts), luring minors for sexual purposes or child prostitution, and trafficking in minors. Pimping and pandering that involve minors increases sentences by one-half. The law allows authorities to maintain a registry of individuals who had committed sexual offenses against or exploited adults and children.

Child pornography is a separate offense and carries a sentence, depending on the circumstances, of up to seven years’ imprisonment, which may be increased by one-third if the perpetrator was a family member or someone in whose care the child was entrusted or if the life of the child victim was endangered.

Institutionalized Children: During the year there were several media reports of abuses in placement centers for institutionalized children, including sexual abuse, physical violence by colleagues or staff, and trafficking in persons. Numerous reports noted a lack of adequate food, clothing, medical treatment, and counselling services.

According to media reports and NGOs, in 2018 psychiatrists administered psychotropic drugs to thousands of children in residential institutions or in foster care in order to control their behavior. According to official estimates, one-third of the institutionalized children, including those with disruptive behavior, attention-deficit, or hyperactivity disorder, were under psychotropic medication, but observers believed the number to be much higher.

By law unaccompanied migrant children are held in placement centers, where they have access to education and benefits other children receive. The detention of families with children is allowed by law, with preservation of family unity used as justification. Several such cases were recorded during the year.

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

Anti-Semitism

According to the 2011 census, the Jewish population numbered 3,271. Representatives of the Jewish community stated that according to their estimates, the Jewish population numbered approximately 7,000. Acts of anti-Semitism occurred during the year.

The law prohibits public denial of the Holocaust and fascist, racist, anti-Semitic, and xenophobic language and symbols, including organizations and symbols associated with the indigenous Legionnaire interwar fascist movement. The oppression of Roma as well as Jews is included in the definition of the Holocaust.

Streets, organizations, schools, or libraries continued to be named after persons convicted for war crimes or crimes against humanity, according to the Elie Wiesel Institute for the Study of the Holocaust in Romania. For example, Radu Gyr was a commander and anti-Semitic ideologist of the fascist Legionnaire movement convicted of war crimes. The Wiesel Institute requested the renaming of Radu Gyr Street in Cluj-Napoca. As of September, the local government had not changed the name of the street.

Material promoting anti-Semitic views and glorifying legionnaires appeared on the internet. According to a study released by the Wiesel Institute in May, several articles published online claimed that Jews or the state of Israel were responsible for the COVID-19 outbreak and were profiting from the health crisis.

In September media reported a case of anti-Semitic messages painted on the fence belonging to the relative of a mayoral candidate from the village of Dornesti in Suceava County. The messages included the candidate’s name, a swastika, and the Romanian equivalent of the ethnic slur ‘kike’.

In April 2019 media outlets reported a case of vandalism at a Jewish cemetery in Husi, where unknown individuals destroyed dozens of headstones. Law enforcement officials identified three suspects, and as of September the investigation was pending.

Romania introduced mandatory Holocaust education in 1998 and additional courses are sometimes offered. The high school course History of the Jews—The Holocaust was optional. During the 2019-20 school year, 3,209 pupils took the course.

Trafficking in Persons

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

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The government did not fully implement the law, and discrimination against persons with disabilities remained a problem.

The law mandates that buildings and public transportation be accessible for persons with disabilities, however, streets, buildings, and public transportation remain largely inaccessible. Persons with disabilities reported a lack of access ramps, accessible public transportation, and accessible toilets in major buildings.

Discrimination against children with disabilities in education was a widespread problem due to lack of adequate teacher training on inclusion of children with disabilities and lack of investment to make schools accessible. Most children with disabilities were either placed in separate schools or not placed in school at all. According to a report released by Save the Children Romania and the Ombudsperson in 2019, only 30 percent of schools had access ramps for persons with motor disabilities and only 15 percent of schools had accessible toilets.

The CLR identified a series of problems in centers for persons with disabilities or psychiatric sections, including verbal and physical abuse of children and adults, sedation, excessive use of physical restraints, lack of hygiene, inadequate living conditions, and lack of adequate medical care. In February the CLR released the conclusions of a visit made at a residential center for persons with disabilities located in the city of Husi, Vaslui County. According to the CLR, there were reasonable suspicions that the residents of the center were subjected to physical punishment and verbal abuse. The NGO also discovered unsanitary living conditions, overcrowding, and lack of basic personal hygiene products. According to the MFA, following a report published by CLR, the Prosecutor’s Office attached to the High Court of Cassation and Justice requested the Prosecutor’s Office attached to the Huși First Instance Court to examine the alleged abuses in order to establish whether there are elements that would warrant a criminal investigation concerning the conditions in the residential center.

The National Authority for the Rights of Persons with Disabilities, Children and Adoptions under the Labor Ministry coordinated services for persons with disabilities and drafted policies, strategies, and standards in the field of disabilities rights. The National Authority notified authorities about several alleged abuses against persons with disabilities interned in residential centers. In January the National Authority’s Director, Madalina Turza, announced it had notified prosecutors about the case of a resident of a center in Prahova County who, according to the center’s staff, accidentally fell and suffered head injuries. The staff did not call the ambulance right away and sent the person to the hospital only two days after the alleged accident. Doctors found evidence of repeated brain injuries and performed a surgery. One month after the surgery, the person was sent back to the center while in a coma where another resident allegedly unintentionally removed a medical tube attached to the patient. The center’s staff called an ambulance but several days later the patient died.

Members of National/Racial/Ethnic Minority Groups

Discrimination against Roma continued to be a problem. Romani groups complained that there were instances of police harassment and brutality, including beatings. Both domestic and international media and observers reported societal discrimination against Roma. NGOs reported Roma were denied access to, or refused service in, some public places. Roma also experienced poor access to government services, a shortage of employment opportunities, high rates of school attrition, and inadequate health care. A lack of identity documents excluded many Roma from participating in elections, receiving social benefits, accessing health insurance, securing property documents, and participating in the labor market. According to the Ministry of Interior, 177,816 persons older than age 14 did not have valid identity documents. Romani rights activists reported that most of these persons were Roma who cannot acquire legal identity documents because they resided in informal settlements and housing. Roma had a higher unemployment rate and a lower life expectancy than non-Roma. Negative stereotypes and discriminatory language regarding Roma were widespread.

In July the “Impreuna” Agency for Community Development released the results of a poll that showed seven in 10 residents of the country do not trust Roma and that 41 percent of respondents did not accept the idea of living in the same city or village with Roma. In March and April, several local government officials publicly claimed cited Roma in particular spread COVID-19, stoking anti-Romani sentiment. Throughout March and April, media outlets regularly alleged that Roma disobeyed COVID-19 stay-at-home measures. News stories specifically highlighting Romani migrants returning to the country from Italy and Spain, countries with high rates of COVID-19 infection, also circulated in local media outlets and social media, often suggesting they might be carriers of COVID-19.

Despite an order by the Ministry of Education forbidding segregation of Romani students, several NGOs continued to report that segregation along ethnic lines persisted in schools.

Researchers and activists reported a significant number of the remaining Romani Holocaust survivors who applied for a pension were denied because of unreasonable administrative barriers raised by the pension offices, problematic standards, lack of knowledge about the Holocaust and Roma, and burdensome requirements. According to researchers, despite historical evidence, in hundreds of cases authorities considered that Roma were resettled and not deported, and consequently granted them smaller pensions.

In April 2019 the driver of a minibus operated by a transportation company in the city of Zalau denied a Romani woman and her two children access to the vehicle and hit her repeatedly with a wooden stick. After she called the 112 emergency line to report the incident, the operator insulted the victim and used racial slurs against her. According to Romani CRISS, the attack was racially motivated. The Civic Union of Young Roma from Romania reported that prosecutors indicted the driver for abusive behavior and the Romani woman for public disturbance. The NGO reported that the indictment against the woman was abusive because her screams were a result of the driver’s violent behavior. As of November the case was pending before the Zalau court.

Ethnic Hungarians continued to report discrimination related mainly to the use of the Hungarian language. Ethnic Hungarians reported that the government did not enforce the law that states that ethnic minorities are entitled to interact with local governments in their native language in localities where a minority constitutes at least 20 percent of the population. There were continued reports that local authorities did not enforce the law that states that in localities where a minority constitutes at least 20 percent of the population, road signs must be bilingual.

The Democratic Alliance of Hungarians in Romania reported that in a legal dispute between separated parents over their child’s language of schooling, the Cluj-Napoca Court decided in June that the child, who has a mixed Romanian-Hungarian ethnicity, should be schooled at the kindergarten in Romanian, contrary to the will of the child’s ethnic Hungarian mother. According to the court, an insufficient knowledge of Romanian would damage the child’s ability to perform well once they become a university student considering that most universities in the country offer study programs in Romanian. According to the Department for Interethnic Relations, throughout the March 16-May 14 state of emergency, the government provided Hungarian translations of the state of emergency regulations related to the COVID-19 outbreak with a delay. In several counties with a significant ethnic Hungarian population, government agencies such as public health directorates or police inspectorates did not provide information on COVID-19-related measures and precautions in Hungarian. The Miko Imre Legal Service reported that during a soccer match in March that took place in the city of Ploiesti, supporters of the home team shouted offensive words against the rival team Sepsi OSK, which is based in the ethnic-Hungarian majority city of Sfantu Gheorghe. Supporters chanted “Hungarians out of the country!” and threw objects at some of the Sepsi OSK players, which caused the referee to suspend the match for 10 minutes. In February unknown persons painted the Romanian flag over the Hungarian name of Baia Mare city that was displayed on several welcome signs.

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

The law prohibits discrimination based on sexual orientation. NGOs reported that societal discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons was common, and there were some reports of violence against them. On some occasions police condoned violence against LGBTI persons. The NGO ACCEPT reported that in 2019 a person living near their headquarters continuously verbally harassed LGBTI persons who visited the NGO and its employees, and destroyed the property of a transgender woman. In June 2019 ACCEPT submitted a criminal complaint, but as of November, police had not taken any measures. ACCEPT reported that in the meantime the harassment stopped after the perpetrator moved out.

A survey carried out by the EU’s Fundamental Rights Agency reported revealed that 15 percent of respondents experienced a physical or sexual attack motivated by the victim’s sexual orientation or gender identity during the past five years. Out of respondents who described the most recent physical or sexual attack, only 4 percent reported the incidents to authorities because they are LGBTI. As many as 28 percent of respondents indicated fear of a homophobic reaction, transphobic reaction, or both from police as the reason for not reporting a physical or sexual attack.

The law governing legal gender recognition for transgender persons was vague and incomplete. In some cases, authorities refused legal gender recognition unless an individual had first undergone sex reassignment surgery. Access to adequate psychological services was also limited because some psychologists refused to accept transgender patients.

HIV and AIDS Social Stigma

Although the law provides that HIV-infected persons have the right to confidentiality and adequate treatment, authorities rarely enforced it. Authorities did not adopt regulations that were necessary to provide confidentiality and fair treatment, and discrimination against persons with HIV/AIDS impeded their access to routine medical and dental care.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the rights of workers to form and join independent labor unions, bargain collectively, and conduct legal strikes. Unions can affiliate with regional, national, or EU union federations, but they may affiliate with only one national organization. The law prohibits antiunion discrimination and allows workers fired for union activity to challenge their dismissal in court for reinstatement. The law provides for protection of freedom of association and collective bargaining, but unions complained there was little enforcement to protect against violations of these rights.

Civil servants generally have the right to establish and join unions. Employees of the Ministry of National Defense, certain categories of civilian employees of the Ministries of Interior and Justice, judges, prosecutors, intelligence personnel, and senior public servants, including the president, parliamentarians, mayors, prime minister, ministers, employees involved in security-related activities, and president of the Supreme Court, however, do not have the right to unionize. Unions complained about the requirement to submit lists of union members with their registration application. Since employers also had access to the list, union officials feared this could lead to reprisals against individual unionized employees, particularly dismissals, and hinder the formation of new unions.

The law requires employers with more than 21 employees to negotiate a collective labor agreement but provides no basis for national collective labor agreements. Employers refusing to initiate negotiation of a collective bargaining agreement can receive fines. The law permits, but does not impose, collective labor agreements for groups of employers or sectors of activity. The law requires employers to consult with unions on such topics as imposing leave without pay or reducing the workweek due to economic reasons.

Unions may strike only if they give employers 48 hours’ notice, and employers can challenge the right in court, effectively suspending a strike for months. Although not compulsory, unions and employers can seek arbitration and mediation from the Labor Ministry’s Office for Mediation and Arbitration. Unions criticized the Labor Ministry for failing to intervene effectively in cases involving arbitration and mediation efforts.

Companies may claim damages from strike organizers if a court deems a strike illegal. The law permits strikes only in defense of workers’ economic, social, and professional interests and not for the modification or change of a law. As a result, workers may not challenge any condition of work established by law, such as salaries for public servants, limiting the effectiveness of unions in the public sector.

Unions complained that the legal requirement for representativeness, which states that the right to collective bargaining and to strike can be asserted only by a union that represents 50 percent plus one of the workers in an enterprise, was overly burdensome and limited the rights of workers to participate in collective bargaining and to strike. In the absence of this clear majority, an employer can appoint a worker representative of its choosing to negotiate agreements. It is common for companies to create separate legal entities to which they then transfer employees, thereby preventing them from reaching the necessary threshold for representation.

Unions complained about the government’s general prohibition on union engagement in political activities, intended to prevent unofficial agreements to support political parties, due to past abuses by union officials.

Official reports of incidents of antiunion discrimination remained minimal. It is difficult to prove legally that employers laid off employees in retaliation for union activities. The government did not effectively enforce the law, however, penalties were commensurate with those for similar violations when enforcement was successful. The National Council for Combating Discrimination (CNCD) fines employers for antiunion discrimination, although it lacks the power to order reinstatement or other penalties, and employees usually must seek a court order to obtain reinstatement. The law prohibits public authorities, employers, or organizations from interfering, limiting, or preventing unions from organizing, developing internal regulations, and selecting representatives.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. Nevertheless, there were reports that such practices continued to occur, often involving Romani, persons with disabilities, and children. The government did not effectively enforce the law and took limited measures to prevent forced or compulsory labor. The law criminalizes forced labor, and penalties for violations were commensurate with those of other serious crimes, such as kidnapping, but were not evenly applied in all sectors.

According to the Ministry of Internal Affairs, 16.5 percent of human trafficking victims officially identified in 2019 were exploited specifically for labor purposes. In June organized crime investigators detained five individuals on charges of modern slavery. The individuals were accused of having kidnapped and detained several persons with a vulnerable background or mental health problems; the victims were used for agricultural work without pay, starved, and forced to live in inadequate farm annexes. This case remained pending as of December.

Men, women, and children were subjected to labor trafficking in agriculture, construction, domestic service, hotels, and manufacturing. Organized rings, often involving family members, forced persons, including significant numbers of Romani women and children, to engage in begging and petty theft (see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. The minimum age for most forms of employment is 16. Children may work with the consent of parents or guardians at age 15 if the activities do not endanger their health, morality, or safety. The law prohibits persons younger than 18 from working in hazardous conditions, includes a list of dangerous jobs, and specifies penalties for offenders. Some examples of hazardous jobs for children include those posing a high risk of accident or damage to health, exposure to psychological or sexual risk, night shifts, exposure to harmful temperatures, and those requiring use of hazardous equipment. Parents whose children carry out hazardous activities are required to attend parental education programs or counseling and may be fined if they fail to do so.

Minors who work have the right to continue their education, and the law obliges employers to assist in this regard. Minors between the ages of 15 and 18 may work a maximum of six hours per day and no more than 30 hours per week, provided their school attendance is not affected. Businesses that impose tasks incommensurate with minors’ physical abilities or fail to respect restrictions on minors’ working hours can face fines. Many minors reportedly did not attend school while working. Minors have the right to an additional three days of annual leave.

The law requires schools to notify social services immediately if children miss class to work, but schools often did not comply. Social welfare services have the responsibility to reintegrate such children into the educational system.

The Ministry of Labor and Social Protection may impose fines and close businesses where it finds exploitation of child labor. The National Authority for the Protection of the Rights of the Child and Adoption (ANPDCA) in the Labor Ministry has responsibility for investigating reports of child labor abuse, but enforcement of child labor laws tended to be lax, especially in rural areas with many agricultural households and where social welfare services lacked personnel and capacity to address child labor violations. The ANPDCA is responsible for monitoring and coordinating all programs for the prevention and elimination of child labor.

The government did not effectively enforce the law. Resources were inadequate, but penalties were commensurate with those for other serious crimes like kidnapping. Government efforts focused on reacting to reported cases, and ANPDCA dedicates limited resources to prevention programs. According to ANPDCA, 389 children were subject to child labor in 2019 and incidents of child labor are widely believed to be much higher than official statistics. Child labor, including begging, selling trinkets on the street, and washing windshields, remain widespread in Romani communities, especially in urban areas. Children as young as five frequently engaged in such activities but were frequently underreported because official statistics are limited to cases documented by police. Children whose parents worked abroad remain vulnerable to neglect and abuse. Of the 389 documented cases of child labor in 2019, authorities prosecuted alleged perpetrators in 20 cases, while an additional 200 cases remained under investigation at the end of 2019. Between January and June, 115 child labor abuse cases were investigated; out of these, 78 were closed, 52 were still in progress, and criminal investigations were started in three cases.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at www.dol.gov/agencies/ilab/resources/reports/child-labor/findings .

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations prohibit discrimination with respect to employment and occupation because of race, sex, gender, age, religion, disability, language, sexual orientation or gender identity, HIV-positive or other communicable disease status, social status, or refugee or stateless status. The government did not enforce these laws effectively, reacting to claims of discrimination rather than adequately engaging in programs to prevent discrimination. Penalties for violations were in general commensurate with those for other types of discrimination, but were insufficient to deter violations.

Discrimination in employment or occupation occurred with respect to gender, disability, and HIV status. Discrimination against Romani and migrant workers also occurred. The CNCD investigated employment discrimination cases in both the public and private sectors. During the onset of the COVID-19 pandemic, media reported several cases of medical staff being discriminated against by neighbors and denied access to local shops. Following media reports, there was a wave of public support for the medical staff in question.

The law mandates equal remuneration for work of equal value. Eurostat reports the pay gap between men and women in the country was 3 percent in 2018. While the law provides female employees re-entering the workforce after maternity leave the right to return to their previous or a similar job, pregnant women and other women of childbearing age still suffer unacknowledged discrimination in the labor market.

Systemic integration of persons with disabilities does not exist. Public bias against persons with disabilities persisted. NGOs have been working actively to change attitudes and assist persons with disabilities to gain skills and gainful employment, but the government lacks adequate programs to prevent discrimination. The law requires companies or institutions with more than 50 employees to employ workers with disabilities for at least 4 percent of their workforce or pay a fine for lack of compliance, which many companies chose to do. Before this provision was introduced in 2017, the law allowed companies not in compliance with the quota to fulfill their legal obligation by buying products from NGOs or firms, known as “sheltered units,” where large numbers of persons with disabilities were employed. NGOs reported that sheltered units lost an important source of income as a result. On November 9, the government re-established “sheltered” or “protected units”, enterprises that employ at least three persons with disabilities who represent at least 30 percent of the overall staff and contribute at least 50 percent of the cumulated full time work hours. Local labor offices had limited success in facilitating employment for persons with disabilities.

NGOs reported that patients suffering from cancer and tuberculosis faced discrimination in the workplace. In 2019 almost one-third of employees with cancer reported they postponed informing their employer of their illness until after treatment, and 17 percent reported a substantial reduction in job duties and responsibilities upon returning to work. The law supports tuberculosis patients by providing monthly food allowances, medical leave, and psychological support but does not contain measures to protect patients from workplace discrimination.

As authorities allow greater numbers of non-EU citizens to live and work in the country, reports of discrimination against migrant workers have become more prevalent. Local residents in Ditrau commune (Harghita County) protested after a local bakery hired two Sri Lankan employees. The two employees were given other jobs and relocated due to opposition to their presence in the village. Another group of Sri Lankan clothing factory workers was stranded in Bucharest following a COVID-19 outbreak and labor dispute that ended with their employer unilaterally terminating their employment contracts and abandoning the group of workers outside of the main airport in Bucharest, even though there were no flights. To resolve this issue, the Labor Force Agency and the General Inspectorate for Migration signed a joint protocol to allow non-EU workers to find employment elsewhere in Romania if their contracts expire to prevent repeat cases. In another case, the Labor Inspectorate launched an investigation after media reported on poor working conditions and accommodations for Indian construction workers following a COVID-19 outbreak at a building site in Bucharest.

e. Acceptable Conditions of Work

The law provides for a national minimum wage that is greater than the official estimate for the poverty income level and has nearly tripled in nominal terms since 2012. Approximately 42 percent of employees earn the minimum wage according to the labor ministry. Despite minimum wage increases, nearly one in seven employed Romanians remains at risk of poverty.

The law provides for a standard workweek of 40 hours or five days. Workers are entitled to overtime pay for weekend or holiday work or work of more than 40 hours. An employee’s workweek may not exceed 48 hours per week on average over a four-month reference period, although exceptions are allowed for certain sectors or professions. The law requires a 48-hour rest period in the workweek, although most workers received two days off per week. During reductions in workplace activity for economic or technical reasons, the law allows employers to shorten an employee’s workweek and reduce the associated salary.

In response to COVID-19 restrictions, the government extended the category of eligible furlough (technical unemployment) benefits to independently registered businesspersons, lawyers, and individuals with income deriving from copyright and sports activities. Starting in August the government adopted a flexible work plan modeled after Germany’s Kurzarbeit (flexible work) program, applicable until December 31, with the aim of retaining employees on payrolls with joint government and employer contributions. The plan required employers to cover half of full-time wages and the Government of Romania to pay 75 percent of the difference between the gross wage and the basic wage paid to the employee based on the number of hours actually worked. As part of the same package, independent and seasonal workers affected by the epidemic could continue to receive 41.5 percent of the average gross wages for a limited period while day workers and SME employees also would be able to receive separate, limited payments to cover wages and teleworking equipment. Kurzarbeit and technical unemployment support was extended until June 2021.

Excessive overtime may lead to fines for employers if workers file a complaint, but complaints are rare. The law prohibits compulsory overtime. Starting during the year, the law allows for one of two caretakers of children to receive paid days off for periods when schools are closed; the income is capped at maximum 75 percent of the average economy wage.

The law gives employers wide discretion regarding performance-based evaluations of employees. The law permits 90-day probationary periods for new employees and simplifies termination procedures during this period.

The law provides for temporary and seasonal work and sets penalties for work performed without a labor contract in either the formal or the informal economy. In accordance with EU regulations, the maximum duration of a temporary contract is 36 months.

The labor ministry, through the Labor Inspectorate, is responsible for enforcing the law on working conditions, health and safety, hours, and minimum wage rates, but it did not effectively enforce all aspects consistently. Penalties for violations of these laws were commensurate with those of other similar crimes, but were not consistently applied. Labor inspectors have the authority to make unannounced visits and initiate sanctions, but the number of inspectors was insufficient to enforce compliance in all sectors. The construction, agriculture, and small manufacturers sectors were particularly problematic sectors for both labor underreporting and neglecting health and safety standards.

According to trade union reports, many employers paid supplemental salaries under the table to reduce tax burdens for employees and employers alike. To address underreported labor, in 2017 the government increased the minimum required payroll taxes that employers must pay for their part-time employees to equal those of a full-time employee earning minimum wage. Additionally, the Labor Inspectorate collaborated with the National Authority for Fiscal Administration to conduct joint operations to check employers in sectors prone to underreported labor, including the textile, construction, security, cleaning, food preparation, transportation, and storage industries. These investigations often focused on underpayment of taxes rather than workers’ rights.

The government did not effectively enforce overtime standards. Union leaders complained that overtime violations were the main problem facing their members, since employers often required employees to work longer than the legal maximum without receiving mandatory overtime compensation. This practice was especially prevalent in the textile, banking and finance, and construction sectors.

In the context of the COVID-19 pandemic, additional risk bonuses were awarded to healthcare staff caring for COVID-19 patients or for those involved in pandemic response. Health sector unions and media highlighted cases in which medical staff had limited access to protective equipment. In Suceava county, lack of protective equipment and lapses in protocol led to a disproportionate outbreak among medical staff, prompting the government to implement a range of oversight and lockdown measures to contain and control the outbreak, including placing Suceava’s County Emergency Hospital under military management.

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

There were no reports that the government or its agents committed arbitrary or unlawful killings. The Police Inspectorate, which falls under the state police, would investigate whether security force killings were justifiable. The prosecution service would then conduct a prosecution.

b. Disappearance

There were no reports of politically motivated disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and the law prohibit such practices, and the government mostly respected these provisions.

In August a Bratislava district court acquitted a police officer in the 2017 case of alleged police abuse during witness interrogation at the Senec police station. The court concluded that the witness was apparently subjected to brutal physical violence but that evidence against the police officer was insufficient. An appeal was pending. During the investigation of the incident, a leaked recording revealed that the head of the criminal investigation unit advised his subordinates to coordinate their testimony to present a consistent narrative of the event. Police inspectors charged the police unit head with abetting the crime. Court proceedings were pending.

A report released in June 2019 by the Council of Europe’s Committee for the Prevention of Torture (CPT) found a number of credible allegations of deliberate physical mistreatment consisting of kicks and baton blows prior to or immediately following police arrest. The report also cited allegations of threats and verbal abuse by police officers. The CPT criticized the continuing practice of handcuffing detained persons to wall fixtures or similar objects in police establishments for several hours and occasionally overnight.

Impunity was a problem in the security forces. The Control and Inspection Service of the Ministry of Interior still dismissed or discontinued most investigations into cases involving injuries allegedly caused by police.

Prison and Detention Center Conditions

There were no significant reports regarding the physical condition of prison or detention centers that raised human rights concerns.

Physical Conditions: In several facilities juveniles shared cells with adult inmates. Conditions also varied by gender.

The CPT’s June 2019 report noted that prisoners sentenced under the strictest confinement regime were offered extremely limited daily out-of-cell time. The ombudsperson also challenged inadequate air circulation in prison cells, insufficient lighting, and inappropriate toilet placement. There were reports of very small and inadequately equipped facilities, which authorities continuously used for prolonged or overnight detention, for the temporary detention of arrested persons at police stations.

In an annual report released in March, the ombudsperson repeated previous findings that police units had established unauthorized spaces where police detained individuals under conditions not always in line with the law, citing usage of wall or radiator restraints. The ombudsperson also confirmed establishment of a working group at the Interior Ministry tasked with amending legislation to prevent the violation of rights of detained individuals.

The ombudsperson noted a decrease in the number of complaints by prisoners but reported complaints by individuals concerning insufficient health-care provision in prison centers. In one case a prisoner suffering from severe visual impairment waited eight months for an ophthalmologist appointment. The ombudsperson further criticized undue interference into the privacy of male prisoners, who were subjected to forced haircuts and shaving.

In 2019 the Police Inspection Service dealt with 141 complaints of excessive use of police force against persons in detention. According to police statistics, 82 percent of the complaints were dismissed, 10 percent saw further disciplinary or criminal proceedings, and the remaining 7 percent of cases were pending.

In May 2019 a trial court convicted and sentenced one of two former prison guards in Ilava Prison to seven years’ imprisonment for beating a 21-year-old man in 2016, causing irreversible brain damage. The former prison guard appealed, and in October the court of appeal upheld the judgment. The ombudsperson requested several measures be taken at the prison to prevent repetition of such incidents, and prison authorities reportedly instituted them.

Administration: While prisoners were able to file complaints without censorship and a prosecutor or ombudsperson was available to review and act on them, several prisoners claimed they were reluctant to complain about mistreatment due to fear of reprisals or because they believed authorities would not act on their complaints.

Independent Monitoring: The government permitted visits by independent human rights observers and the CPT.

d. Arbitrary Arrest or Detention

The constitution and the law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court, and the government generally observed these requirements.

Arrest Procedures and Treatment of Detainees

The constitution and law stipulate that authorities may take a person into custody only for explicit reasons and must inform a detainee immediately of the reasons for detention. Persons are apprehended only with warrants issued by a judge or prosecutor based on evidence, and there were no reports of individuals detained without judicial authorization. Suspects in terrorism cases can be held for 96 hours. In other cases a court must grant a hearing to a person accused of a crime within 48 hours (or a maximum of 72 hours in “serious cases,” defined as violent crimes, treason, or other crimes carrying a sentence of at least eight years’ imprisonment) and either release or remand the individual into custody.

The bail system rarely was used. The law gives detainees the right to consult an attorney immediately after authorities submit charges, and authorities must inform them of this right. The law provides counsel to indigent detainees free of charge. This right, however, was not fully respected in practice and authorities did not systematically inform detainees of their right to access a lawyer or right to an ex officio lawyer free of charge. The law allows attorneys to visit detainees as frequently as necessary and allows two-hour monthly family visits upon request. There were no reports of suspects detained incommunicado or held under house arrest.

e. Denial of Fair Public Trial

The constitution and law provide for an independent judiciary, and the government generally respected judicial independence and impartiality, but alleged corruption, inefficiency, and a lack of integrity and accountability undermined public trust in the judicial system.

In February 2019 the Constitutional Court declared unconstitutional a constitutional amendment requiring that all sitting judges and candidates for judicial positions receive security clearances from the government that attest to their suitability for public office. Some legal experts criticized the decision as resting on weak legal arguments and asserted that it harmed the separation of powers by infringing on the legislature’s ability to amend the constitution.

Courts employed a computerized system for random case assignment to increase fairness and transparency. There were reports, however, that this system was subject to manipulation. Leaked mobile telephone communications of businessman Marian Kocner, who was accused of ordering the 2018 murder of investigative journalist Jan Kuciak and his fiancee, highlighted continuing corruption in the justice system, including the judiciary. Allegations of bribery in exchange for manipulated court decisions and personal influencing of judges were subjects of a continuing police investigation.

Trial Procedures

The constitution and law provide for the right to a fair and public trial without undue delay, and an independent judiciary generally enforced this right. Investigations into judicial corruption, including individual testimonies of former judges, showed that in individual cases, judges failed to act impartially and violated basic principles for conducting fair trials.

Defendants enjoy a presumption of innocence, and a person found guilty by a court does not serve a sentence or pay a fine until a final decision on his or her appeal has been reached. Persons charged with criminal offenses have the right to be informed promptly of the charges against them with free interpretation as necessary. Defendants have the right to adequate time and facilities to prepare a defense, to be present at their trial, consult in a timely manner with an attorney (at government expense if indigent), and to obtain free interpretation as necessary from the moment of being charged through all appeals. They can confront prosecution and plaintiff witnesses and can present witnesses and evidence on their behalf. Defendants have the right to refuse self-incrimination and may appeal adverse judgments. The law allows plea bargaining, which was often applied in practice.

Unpredictability of court decisions and inefficiency remained major problems in the country’s judiciary, leading to long trials, which in civil cases discouraged individuals from filing suit. Cases involving violation of the right to trial without undue delay continued to dominate the Constitutional Court agenda.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

Citizens had unrestricted access to courts to file lawsuits in civil matters, including human rights violations. Courts that hear civil cases, as with criminal courts, were subject to delays. Public trust in the judiciary continued to be low, with domestic surveys measuring it at 34 percent. According to the surveys, the public perceived corruption as the judiciary’s most urgent problem, followed by delays in proceedings.

Administrative remedies were available in certain cases. The National Center for Human Rights has the authority to provide mediation for cases of discrimination and to represent claimants in court. Human rights organizations criticized the center for lack of activity and ineffectiveness. Individuals and organizations may appeal domestic court decisions with respect to alleged violations of human rights to the European Court of Human Rights (ECHR).

Property Restitution

Rent-control regulations for apartment owners whose property was restituted after the fall of the communist regime remained a problem. The state has regulated rents in these properties at below-market rates since 1992. In 2017 the ECHR ordered the state to pay property owners 1.87 million euros ($2.2 million) in compensation for damages. Although authorities took legislative steps to eliminate the discriminatory treatment of the owners, according to the ECHR, property owners should receive specific and clearly regulated compensatory remedies.

The ombudsperson reported excessive delays in numerous land property restitution proceedings that have remained unresolved since the fall of the communist regime. In 2018 the ombudsperson presented to parliament a special report that listed 9,198 unresolved cases. In a 2019 report, the ombudsperson pointed to long-lasting inactivity of the Slovak Land Office, resulting in individual violations of property rights. Several measures were implemented at land offices to resolve the problem, although lack of land office staff and insufficient training remained challenges.

The country is a signatory to the Terezin Declaration on Holocaust restitution. The government has laws and mechanisms in place, and nongovernmental organizations (NGOs) and advocacy groups reported the government broadly complied with the declaration and made progress on resolution of Holocaust-era claims, including for foreign citizens.

For information regarding Holocaust-era property restitution and related issues please see the Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 29, at https://www.state.gov/reports/just-act-report-to-congress/.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution and law prohibit such actions, and police must present a warrant before conducting a search or within 24 hours afterwards. There were reports the government failed to respect these prohibitions in some cases. In one example proceedings remained pending against the commanding officer of a 2015 police raid in the Romani community in Vrbnica, which included house-to-house searches without warrants and complaints of excessive use of police force.

The continuing investigation into violations related to the 2018 murder of journalist Jan Kuciak and his fiancee involved allegations of illegal information collection on journalists and their family members by law enforcement bodies (see section 2.a.).

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, and the government generally respected these rights.

Freedom of Speech: The law prohibits the defamation of nationalities and race, punishable by up to three years in prison, and denial of the Holocaust and crimes committed by the fascist and communist regimes, which carry a prison sentence of six months to three years.

Freedom of Press and Media, Including Online Media: The prohibitions against defamation of nationalities and denial of the Holocaust and crimes committed by the fascist and communist regimes also applied to the print and broadcast media, the publication of books, and online newspapers and journals. According to media organizations, criminal libel provisions restrict freedom of expression, including freedom of media. In one instance criminal court proceedings were pending against a journalist who was sentenced for libel after he published a 2015 article concerning alleged corruption by former speaker of parliament Jaroslav Paska involving his health-care business.

In June 2019 a Bratislava district court issued a preliminary measure ordering former presidential candidate Martin Dano to withdraw his online videos targeting investigative journalist and anticorruption NGO director Zuzana Petkova. The court ruled Dano’s videos incited hatred and defamed Petkova and other investigative journalists. Petkova informed media outlets that Dano had not complied with the court decision. Appeal proceedings were pending. In December 2019 an investigator pressed charges against Dano and his YouTube partner, Rudolf Vasky, for hooliganism after they allegedly incited violence against several political, judicial, and media personalities. In January a Bratislava district court issued a similar ruling against Dano and ordered him to remove his online videos targeting a journalist. Criminal proceedings were pending.

The majority of media are privately owned or funded from private sources. Radio and Television Slovakia and the TASR news agency received state funding for specific programming. Observers expressed concern, however, about the increasing consolidation of media ownership and its potential long-term threat to press freedom. NGOs reported most of the country’s private media outlets, including television stations and print publications, are controlled by relatively few financial conglomerates or wealthy individuals.

Violence and Harassment: In 2018 investigative journalist Jan Kuciak and his fiancee, Martina Kusnirova, were murdered in their home. Kuciak regularly reported on allegations of high-level corruption and documented tax-fraud schemes. In 2019 authorities arrested and indicted four suspects in the case, including businessman Marian Kocner, who was charged with ordering the murder. In January the Specialized Criminal Court sentenced Zoltan Andrusko and in April sentenced Miroslav Marcek to prison sentences of 20 and 23 years, respectively, for their involvement in the murders. In September the Specialized Criminal Court acquitted both Marian Kocner and indicted collaborator Alena Zsuzsova of ordering the murder, citing a lack of evidence. The prosecutor appealed the acquittals to the Supreme Court. The court sentenced Tomas Szabo to 25 years in prison as an accessory to the murder.

Nationwide public protests in 2018 following the killings prompted the resignation of then interior minister Robert Kalinak, then prime minister Robert Fico, and then police president Tibor Gaspar. Since the resignations, Fico on multiple occasions accused media outlets and NGOs of using the killings to foment a “coup.”

The investigation into the Kuciak murder led to allegations that Kocner and his collaborators conducted surveillance of selected investigative journalists, allegedly with the assistance of law enforcement. According to media reports, the investigation revealed that police representatives illegally accessed government databases to collect information on journalists and their family members. Information collected through surveillance and from state databases was allegedly used to intimidate individual journalists. In June a court took into custody the former chief of the Financial Intelligence Unit, Pavol Vorobjov, who was accused of unlawfully accessing police databases. Investigations into the surveillance and intimidation cases involving unlawfully collected personal data of 140 individuals, including 28 journalists, were pending (see section 4, Corruption).

Libel/Slander Laws: Libel and slander are treated as criminal offenses. Media organizations criticized a criminal libel provision in the criminal code as restricting freedom of expression.

Financial elites targeted the press in several civil defamation lawsuits, which often required the press to pay large sums of money in penalties or legal costs. The International Press Institute Slovakia and other observers expressed concern this financial risk and the administrative burden of constantly contesting lawsuits could lead to media self-censorship.

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports the government monitored private online communications without appropriate legal authority. Police, however, monitored websites containing hate speech and attempted to arrest or fine the authors.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for freedoms of peaceful assembly and association, and the government generally respected these rights.

c. Freedom of Religion

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

d. Freedom of Movement

The constitution and the law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

In March the government introduced sweeping restrictions on the freedom of movement in response to the COVID-19 pandemic, including closing borders for all but exempted foreign nationals, imposing a mandatory 14-day isolation period for all citizens arriving from abroad in government-run quarantine centers, and sealing off entire marginalized Romani settlements under quarantine for COVID-19. Human rights activists and the ombudsperson questioned whether the extraordinary measures and restrictions introduced to contain the spread of COVID-19, particularly the 14-day quarantine of arrivals from abroad in state-run facilities, were proportionate, had a valid legal basis, or violated the constitution. As of September the Constitutional Court continued to review the legality of the government measures after several citizens lodged official complaints, citing violations of their fundamental rights and freedoms.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has an established system for providing some protection to refugees. Some organizations criticized the Migration Office for applying a restrictive asylum policy and granting asylum only in a very limited number of cases. During the year, for example, the government had received 249 asylum applications and granted asylum to 10 individuals. The government granted asylum to nine individuals in 2019.

NGOs reported asylum seekers had only limited access to qualified, independent legal advice. The contract for legal assistance to asylum seekers did not cover asylum seekers in detention, so these persons could access free legal assistance only in the second, appellate-level hearing on their asylum application process. Migration Office staff allegedly endeavored to provide legal advice to some asylum applicants, even though they were also interviewing the asylum seekers and adjudicating their asylum applications.

There was no independent monitoring by local NGOs of access to asylum procedures on the country’s borders and only limited monitoring of access to asylum by the Office of the UN High Commissioner for Refugees (UNHCR).

Safe Country of Origin/Transit: The country denied asylum to applicants from a safe country of origin or transit. The law requires authorities to ensure the well-being of individual asylum seekers is not threatened if deported to a non-EU “safe country.” Some observers criticized the Bureau of Border and Alien Police for lacking the information necessary to determine whether a country would be safe for persons facing deportation there.

Freedom of Movement: NGOs reported that the Bureau of Border and Alien Police unnecessarily detained migrants on badly founded or arbitrary detention orders, including asylum seekers who police believed made false asylum claims, and that police failed adequately to use alternatives to detention, such as supervised release or financial bonds. NGOs reported it was routine practice to issue detention orders and place asylum seekers with children in the immigration detention center in Secovce, where they often faced degrading treatment.

Access to Basic Services: NGOs reported schools generally did not make use of available government support for language and integration assistance for foreign students.

The human rights organization Marginal stated that integration of approved asylum seekers in the country was hampered by the absence of a comprehensive government-funded and -operated integration program. These services had to be provided by NGOs and funded through a patchwork of domestic and international sources.

Human rights organizations reported that asylum seekers placed in immigration detention did not have adequate access to quality health care, contributing to the spread of contagious diseases in detention facilities.

Durable Solutions: The Migration Office accommodated refugees processed at the UNHCR emergency transit center in Humenne for permanent resettlement to a third country. The refugees were moved to Slovakia from other countries due to security and humanitarian concerns. The center was able to accommodate up to 250 refugees at a time but operated at near zero occupancy throughout the year.

Temporary Protection: The government provided temporary “subsidiary protection” to individuals who might not qualify as refugees but could not return to their home countries and during the year granted it to 21 persons. Subsidiary protection is initially granted for one year, with possible extensions. NGOs asserted this approach created uncertainty regarding the individual’s status in the country and significantly hindered their employment and overall integration prospects. There were reports persons granted subsidiary protection had only limited access to health care. The Ministry of Interior issued health coverage documentation directly to persons with subsidiary protection without clear explanation of benefits.

The constitution and the law provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: Observers from the Organization for Security and Cooperation in Europe considered parliamentary elections held on February 29, as well as presidential elections held in 2019, to have been free and fair.

Participation of Women and Members of Minority Groups: No laws limit the participation of women and members of minority groups in the political process, and they did participate. In 2019 the country elected its first female president. Women constituted slightly more than 21 percent of the parliament elected in the February elections, a slight increase compared with the previous election period.

While there were small but increasing numbers of Romani mayors and members of local councils, few Roma were in communal, provincial, and national elective bodies. In February, three Romani candidates were elected to parliament, the highest number to date.

The Hungarian minority, the largest in the country, was proportionately present at the local and regional levels and participated actively in the political process. In the February parliamentary elections, none of the ethnic-Hungarian parties crossed the threshold to enter parliament for the first time since the country’s independence in 1993.

The law provides criminal penalties for corruption by officials, but the government did not always implement the law effectively. There were reports of government corruption during the year, and some officials engaged in corrupt practices with impunity.

According to a special 2019 Eurobarometer report on corruption, 87 percent of the country’s citizens perceived corruption as widespread, particularly in political parties, the health sector, and the courts. Investigative journalists and NGOs documented cases of well connected businesspersons siphoning off state finances through tax fraud. Observers blamed political influence over police and the prosecution services for blocking or hampering anticorruption investigations.

Corruption: The police initiated a series of interconnected, high-level, and unprecedented corruption investigations beginning in March and continuing through December, leading to the arrests of more than 30 current and former officials as well as notable members of the business community. In October, for example, police arrested the head of the Special Prosecution Service, Dusan Kovacik, for accepting bribes, supporting an organized criminal group, and covering up the attempted murder of a police officer. In November, as part of the same operation, police arrested several former high-level law enforcement officials for operating a criminal organization, including former police president Tibor Gaspar. Former police president Milan Lucansky was arrested in December for accepting bribes and committed suicide while in custody. Police launched an inquiry into Lucansky’s death, but there was no credible evidence suggesting foul play. Also in December billionaire cofounder of Penta Investments Jaroslav Hascak was arrested for corruption and money laundering. These cases all remained underway.

Investigations into judicial corruption widened as well. In August 2019 police seized mobile phones of several judges and prosecutors allegedly involved in encrypted telephone conversations with Kocner. In March, based on the seized conversations, a special prosecutor charged 13 judges with corruption. The investigation was pending as of October with some judges confessing to being part of corruption scheme and some judges remanded in custody.

Financial Disclosure: The law requires income and asset disclosure by appointed and elected officials and mandates a parliamentary conflict of interest committee to monitor and verify such disclosures. The government made a general summary of the declarations publicly available, and there were penalties for noncompliance. NGOs, experts, and some politicians maintained the financial disclosure forms were vague and did not clearly identify the value of the declared assets, liabilities, and interests. Limited authority and inadequate human and technical resources made financial disclosure processing ineffective for the purpose of transparency.

Enforcement of financial disclosure violations was not effective and enabled members of parliament to block sanctions against violators. Criminal sanctions for noncompliance were not applied in practice.

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases.

Throughout the year member of parliament (MP) and chair of the opposition Smer-SD Party, Robert Fico, continued to claim that countrywide public protests in 2018 that led to the resignation of his cabinet when he was prime minister were financed and organized from abroad as part of a “coup” against his government.

Several members of parliament from both the coalition and opposition criticized the ombudsperson’s attempts to raise awareness of lesbian, gay, bisexual, transgender, and intersex (LGBTI) issues. In May parliament refused to recognize formally the ombudsperson’s annual report, with several coalition and opposition MPs criticizing the ombudsperson on the floor of parliament for her outspoken defense of the rights of LGBTI persons.

Government Human Rights Bodies: The justice minister headed the Government Council on Human Rights and National Minorities, an advisory body including government officials and civil society representatives.

Maria Patakyova headed the Office of the Public Defender of Rights (ombudsperson) and submitted an annual report on human rights problems to the parliament. Human rights activists credited Patakyova with raising the profile of fundamental rights problems in the country, despite criticism, obstruction, and a lack of interest from politicians.

Parliament has a 12-member Human Rights and National Minorities Committee that held regular sessions during the year. The committee remained without a chairperson due to disputes between the opposition and coalition. NGOs consistently criticized the committee for failing to address serious human rights issues. Committee members included far-right People’s Party-Our Slovakia (LSNS) MP Milan Mazurek who participated in a 2015 attack against a Saudi family during antirefugee demonstrations, denied the legitimacy of the Holocaust, and praised Hitler on social media. He also made defamatory statements against the Romani minority and Muslim refugees, for which he was convicted and fined, causing him to lose his parliamentary mandate in the previous term.

The Slovak National Center for Human Rights acts as the country’s national human rights institution and as the dedicated equality body but was criticized for inactivity by NGOs and members of the Government Council on Human Rights and National Minorities. Between December 2019 and September 2020, the institution remained without an officially appointed director after the management board failed on multiple occasions to elect new leadership. On September 25, the board elected new director Silvia Porubanova, a sociologist and expert on gender equality.

Women

Rape and Domestic Violence: The law prohibits rape and sexual violence, which carry a penalty of five to 25 years in prison. The law does not specifically define spousal rape, but the criminal code covers spousal rape and spousal sexual violence under the crime of rape and sexual violence. NGOs and rape victims criticized police for sometimes failing to enforce the law effectively and for often failing to communicate appropriately with rape victims. Rape and domestic violence victims had access to shelters and counseling offered by NGOs and government-funded programs. NGO service providers complained that authorities provided only a small portion of necessary funding, forcing many centers to close or fundraise additional resources from private and international donors.

Domestic violence against women is punishable by three to eight years’ imprisonment. Domestic violence was widespread, and activists claimed official statistics failed to capture the magnitude of the problem. NGOs also asserted the government did not enforce the law effectively. Experts complained there were no written procedures for referring battered women to counselling centers or shelters and no services for batterers. The lack of affordable public housing or rent-controlled housing often forced victims to return to abusive households.

The General Prosecution Service reported that the incidence of domestic violence increased rapidly during the COVID-19 pandemic and associated restrictions on free movement, with the number of recorded cases in the four-month period between April and June increasing by 47 percent compared with the same period in 2019. The number of calls to a national helpline for domestic violence victims increased fourfold in April compared with previous years. NGOs providing victim care services confirmed the deteriorating trend and reported difficulties in assisting victims because of a government-issued ban on admitting new clients into accommodation facilities during the early stages of the pandemic, insufficient testing capabilities, and a shortage of personal protective equipment.

In April, President Caputova, responding to reports of the unprecedented increase in domestic and gender-based violence cases during the COVID-19 pandemic, requested the police president to increase attention paid to the problem; rigorously enforce existing rules, including the authority of police officers responding to domestic disturbance calls to expel the abusive party from the household for up to 10 days; and improve police cooperation with NGOs providing victim-care services. In July police began testing a new smartphone application that would allow victims secretly to place distress calls to them.

In one example, in August a man attacked his partner with a knife just days after being sentenced to house arrest for causing a traffic accident while under the influence of alcohol. Following the attack, the man forcibly removed an electronic ankle monitor and fled the scene of the crime. Police held him in custody pending charges for aggravated assault and obstructing a court decision that carry a five- to 10-year prison sentence. Prosecution of the case continued as of September. Experts questioned whether the man’s psychological state had been considered by the court that originally sentenced him to house arrest.

Sexual Harassment: The law defines sexual harassment as unlawful discrimination, which is subject to civil penalties. Victims usually avoided legal action due to fear of reprisal, lengthy court proceedings, and lack of accessible legal services. A coordination center for gender-based and domestic violence under the Labor, Social Affairs, and Family Ministry implements and coordinates countrywide policies to prevent and eliminate violence against women, including sexual harassment, and coordinates education and training efforts for the public and professionals. The government operated a 24/7 hotline for women subjected to violence.

Reproductive Rights: Couples and individuals generally have the right to decide the number, spacing, and timing of their children, and most individuals had access to the information and means to do so, free from discrimination, coercion, or violence. NGOs reported that Romani women from marginalized communities in Eastern Slovakia at times faced reproductive health-care discrimination and a general lack of information on reproductive health. Authorities also required persons seeking a legally recognized sex change to undergo permanent sterilization, effectively ending their ability to reproduce.

While contraception was widely available, NGOs reported that a lack of reimbursement from the national health system (unless used for health-related reasons) constituted a significant barrier to access, especially for young and vulnerable populations.

In 2020 the Public Defender of Rights expressed concerns about some practices imposed on women in childbirth, including medically unjustified separations of mothers and new-born babies or refusal of a birth companion’s presence, notably due to measures implemented by health-care providers in response to the COVID-19 pandemic. Media and NGOs also reported some cases in which health-care providers refused reproductive health services to patients due to the COVID-19 pandemic.

The country does not have a national sexual and reproductive health program to provide dedicated access to sexual and reproductive health services for survivors of sexual violence. Victims approached their general practitioners, emergency rooms, or, less frequently, their gynecologists. Survivors generally had access to legal abortion and emergency over-the-counter contraception. The government runs a 24/7 national multilanguage helpline for women experiencing violence, and the Coordinating Methodical Centre for Prevention of Violence against Women offered emergency help to victims of sexual violence.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities, although human rights organizations maintained that medical personnel often asked Romani women to sign consent forms for these procedures without fully explaining their meaning or providing them in the women’s language. The government also did little to investigate cases of involuntary sterilizations of Romani women reported in the past or provide restitution to the victims.

In April the regional court in Kosice upheld a lower court ruling that awarded compensation to an illegally sterilized Romani woman. The woman was sterilized without informed consent in 1999 in Krompachy Hospital in eastern Slovakia during the birth of her second child by Caesarean section. She was not informed about the sterilization procedure by the hospital staff and did not give informed consent to this intervention. She became aware that she had been sterilized only after the procedure. The ensuing court case continued for more than 15 years.

Discrimination: The law provides the same legal status for women as for men. Discrimination against women remained a problem, particularly in the labor market, where women were less likely to be offered employment than men with equal qualifications and faced a 20 percent gender pay gap (also see section 7.d.).

Children

Birth Registration: Children acquire citizenship by birth to at least one citizen parent, regardless of where the child is born. Each domestic birth is recorded at the local vital statistics office, including for children born to asylum seekers, stateless persons, and detained migrants.

Child Abuse: Domestic abuse carries basic penalties of three to eight years’ imprisonment. Child abuse remained a problem according to child advocates. A 2017 government study (the latest available) indicated that 70 percent of 13- to 15-year-olds had experienced some form of physical, emotional, or sexual violence or parental neglect.

The government continued implementing and annually updating the National Action Plan for Children for 2013-22, funded through the government budget. Government bodies provided financial support to crisis centers for abused children and to NGOs that worked on child abuse. The Labor and Social Affairs Office had dedicated departments for overseeing childcare and operated a national coordination body for dealing with violence against children, which collected data, provided information on domestic violence and abuse of minors, helped refer victims to service providers, and ran a national helpline.

The new government, coalition MPs, and civil society experts criticized the ombudsperson for child rights for her inactivity and failure to protect the best interests of children; there were also allegations that she employed family members without necessary professional qualifications at her institution.

Child, Early, and Forced Marriage: The legal minimum age for marriage is 18. In exceptional cases, based upon request of one of the marrying couple, a competent court may allow marriage of a person as young as 16, if both parents consent. Law enforcement authorities reported a growing number of cases of Slovak children of Romani descent being subjected to forced marriage, often by their legal guardians who sought financial benefit. Women from marginalized Romani communities were transported to the United Kingdom by force or deception to marry foreign citizens attempting to avoid deportation by marrying an EU citizen and might consequently have been subjected to trafficking in persons.

Sexual Exploitation of Children: Rape and sexual violence against a child carry basic penalties of five to 10 years’ imprisonment. The law establishes 15 as the minimum age for consensual sex. In addition to prohibiting trafficking in persons, the law criminalizes the prostitution of children. These abuses were not common, and there were no obstacles to enforcement of the law.

The production, distribution, or possession of child pornography is a crime with penalties ranging from two to 20 years’ imprisonment.

Institutionalized Children: Reports published by the ombudsperson during the year and in 2013 found that juvenile offenders at educational rehabilitation centers regularly endured hunger and were subjected to degrading treatment, including compulsory gynecological examinations of girls after their trips outside the facility. The reports also found substandard levels of education at the centers.

In March the prosecution service opened three new criminal investigations and prosecutions related to the scandal-ridden private juvenile rehabilitation facility Cisty den (Clean Day), which lost its official accreditation in 2017 after a series of allegations of severe malpractice and misconduct. In 2018 and 2019, courts convicted a former therapist and cook employed at the facility and sentenced them to a three-year suspended sentence and a five-year prison sentence, respectively, for sexual abuse of underage clients at the facility. In 2019 the prosecution service exonerated the former manager of the facility from accusations of battery and assault of a minor but continued investigating him for alleged fraud. New investigations opened during the year focused on suspicions of obstruction of justice, abuse of power, and unlawful use of personal data after leaked text messages between jailed businessman Marian Kocner and Cisty den managers showed the latter sharing sensitive client information with Kocner, who allegedly intervened on behalf of Cisty den through his network of corrupt police officials, prosecutors, and judges.

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

Jewish community leaders estimated, and the 2011 census data indicated, there were 2,000 persons in the Jewish community.

Organized neo-Nazi groups with an estimated 500 active members and several thousand sympathizers occasionally spread anti-Semitic messages. Latent anti-Semitic stereotypes characterizing Jews as greedy or secretly influencing world affairs were widespread, even beyond neo-Nazi groups and their sympathizers. The neo-Nazi LSNS received 7.97 percent of the vote in the February parliamentary elections, securing 17 of 150 seats in parliament. Among the elected representatives for LSNS were several individuals prosecuted or convicted of hate crimes, including party chair Marian Kotleba, who was convicted for giving a charitable donation with Nazi symbolism; Andrej Medvecky, convicted of attacking a foreigner because of race; Stanislav Mizik, acquitted for lack of evidence of posting an anti-Semitic message on his Facebook profile criticizing the president for giving state awards to citizens of Jewish origin; and Milan Mazurek, convicted for anti-Romani statements made in a public radio broadcast.

In August the National Criminal Agency announced it would bring extremism-related charges against nine individuals suspected of disseminating extremist materials and collecting Nazi paraphernalia. Three members of the extremist musical group Kratky Proces (Short Process) were taken into custody during related police raids on charges of producing an extremist musical album. The detained singer of the band, who also repeatedly ran for the LSNS, faced three to eight years in prison.

In October the Specialized Criminal Court convicted LSNS chairman Marian Kotleba of supporting and promoting groups aimed at suppressing fundamental rights and freedoms for a March 2017 ceremony where Kotleba handed over three checks to families with children with disabilities, each worth 1,488 euros ($1,790). Experts provided by the prosecution testified that the amount was a well known neo-Nazi cypher, representing the white supremacist “14-word” slogan and a numerical representation of “Heil Hitler.” Witnesses also testified that organizers played the unofficial anthem of the wartime Slovak State, an ally of Nazi Germany, at the handover ceremony of the charitable donation and pointed out the event was held on March 14, the anniversary of the founding of the Slovak State. The ceremony concluded with a concert by neo-Nazi singer Reborn, who himself faced prosecution on extremism charges. The court sentenced Kotleba to four years and four months in prison. The case remained pending at year’s end following the defense’s appeal to the Supreme Court.

In May former LSNS candidate Marian Magat, labelled by media as a far-right extremist, published a blog questioning the existence of the Holocaust on the disinformation outlet Kulturblog. Magat summarized known conspiracy theories claiming that people did not die in concentration camps due to systemic extermination by the Nazis, but rather due to bombing by allied forces, typhoid outbreaks, or the interruption of supplies of food and medicine caused by the bombardment. Magat also presented claims that gas chambers at concentration camps were used for delousing. The National Criminal Agency opened an investigation on suspicion of denying the crimes of totalitarian regimes, a crime that carries a sentence of up to three years in prison. The case remained pending.

In January the Specialized Criminal Court convicted LSNS regional chairman Anton Grno of supporting a movement aimed at suppressing fundamental rights and freedoms for shouting the greeting of the World War II-era Slovak fascist state’s paramilitary force during a 2018 Supreme Court hearing. Grno was fined 5,000 euros ($6,000) and sentenced to six months in prison should he fail to pay the fine. Media reported that Grno’s social media profiles contained several openly racist and anti-Semitic posts.

While direct denial of the Holocaust was relatively rare, expressions of approval of the World War II-era Slovak fascist state, which deported tens of thousands of Jews, Roma, and others to death camps, occurred frequently. Throughout the year far-right groups organized small events to commemorate dates associated with the Slovak fascist state and its president, Jozef Tiso. On March 14, the Slovenske Hnutie Obrody or SHO (Slovak Renewal Movement), a far-right political party, which ran in the February parliamentary elections but did not win any seats, organized a commemoration of the 1939 creation of the fascist Slovak state, laying wreaths at a statue of Jozef Tiso in the village of Cajakovce. On April 18, the LSNS commemorated the anniversary of the execution of Tiso through a post on its website, stating that April 18 marks the “sad day of the judicial murder of the first Slovak president, Jozef Tiso.”

On September 9, government officials commemorated the Day of the Victims of the Holocaust and of Racial Violence at the Holocaust Memorial in Bratislava. The coalition government undertook initiatives to promote Holocaust education in schools and funded school field trips to Auschwitz and the Slovak Holocaust Museum in Sered. Government leaders, including President Caputova, Prime Minister Matovic, and Speaker of Parliament Kollar, denounced the anti-Semitic rhetoric of the far right.

In January, President Caputova attended the Fifth World Holocaust Forum in Israel where she stated, “Fascism is still alive in our society, that’s why I think it’s very necessary that we…do our utmost to prevent it from getting back to power.” She also highlighted that racial hatred always starts with words and cautioned against increasing hatred over the internet and discrimination against some parts of the population.

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, the judicial system, other transportation, or the provision of other public services. The antidiscrimination law does not qualify the denial of reasonable accommodation as discrimination on the basis of disability.

NGOs reported that persons with disabilities continued to experience a number of challenges, particularly in access to education, employment, and government as well as private services.

According to the government’s Commissioner for Disabled Persons, while a few children with disabilities were able to participate in mainstream education, most were educated separately in so-called “special” schools that further contributed to their social isolation and stigmatization. Among the main reasons for the separate schooling of children with disabilities were physical barriers at state schools, lack of qualified support staff, and reluctance from teachers and parents of children without disabilities.

NGOs and municipalities continued to report problems, including excessive administrative burden and red tape, in applying the law on opening and operating “social enterprises” that could serve to employ persons with disabilities.

Psychiatric institutions and hospitals, which fall under the purview of the Ministry of Health, used cage beds to restrain patients. The law prohibits both physical and nonphysical restraints in social care homes managed by the Ministry of Labor, Social Affairs, and Family.

Broadcasters complied with laws requiring television stations to provide audio descriptions for viewers who are blind or have impaired vision only to a limited extent.

While the law defines mandatory standards for access to buildings, NGOs noted they were not fully implemented, although access to privately owned buildings improved more rapidly than access to public buildings. Civil society organizations and the disability rights commissioner noted that navigating most cities with a visual impairment or on a wheelchair remained difficult due to the many obstacles and barriers on sidewalks and in public transport.

The government’s Council on Human Rights, National Minorities, and Gender Equality operated a committee on persons with disabilities. The council served as a governmental advisory body and included representation from NGOs working on disability problems. The country’s national human rights strategy included a chapter on the rights of persons with disabilities. The disability rights commissioner presented an annual report to parliament summarizing progress in implementing the human rights strategy and the Convention on the Rights of Persons with Disabilities; containing recommendations for legislative and policy changes, based on the commissioner’s own monitoring and complaints lodged by citizens; and providing recommendations for legislative and policy changes, based on the commissioner’s own monitoring and complaints lodged by citizens.

Members of National/Racial/Ethnic Minority Groups

Segregation and societal discrimination against Roma and individuals of non-European ethnicity was common. A 2019 study by the UN Development Program (UNDP) and the Ministry of Interior, the most recent available, found that as much as 49 percent of the Romani population resided in marginalized communities, a slight decrease compared with the previous iteration of the study in 2013, which estimated that 53 percent of Roma resided in settlements. According to the same study, only 19 percent of the Romani minority lived integrated among the majority population. The UNDP identified 180 segregated rural settlements located outside municipalities and 418 communities on the outskirts of municipalities. The UNDP study found that 61 percent of inhabitants in the 100 largest concentrations of Romani citizens had access to drinking water, compared with 48 percent in 2013.

There were reports of harassment of members of ethnic minorities during the year and reports of violence and excessive use of force by members of the police against Romani citizens.

In April police officers allegedly beat a group of five Romani children trying to leave a marginalized Romani settlement that was placed under quarantine due to a COVID-19 outbreak in the community. According to the Union of Roma in Slovakia, the officers first threatened the children with a gun and then beat them using batons, causing bruises and other injuries. The ombudsperson, the government plenipotentiary for Romani communities, and the Slovak National Center for Human Rights condemned the incident and called for a thorough investigation. The Ministry of Interior’s inspection service launched an investigation into possible abuse of power by a public official.

Ahead of the February parliamentary elections, the LSNS party organized meetings and gatherings in areas with higher concentrations of Romani citizens, rallying voters from the majority against “asocial Gypsies” and “parasites” and promising to “restore order.” There were reports of small clashes between LSNS supporters and antifascist protesters at some of the LSNS rallies, but police mostly prevented an escalation of violence.

Police generally responded quickly to gatherings targeting the Romani community and prevented crowds from entering Romani communities or inciting confrontations.

There were instances of public officials at every level defaming minorities and making derogatory comments about Roma. In April former prime minister and chair of the opposition Smer Party Robert Fico criticized Prime Minister Matovic for his handling of the COVID-19 pandemic, asserting that Matovic was “the prime minister of gypsies” and claiming the COVID tests were made available for Roma but not senior citizens or homes for the elderly.

In August, President Caputova, Prime Minister Matovic, Interior Minister Roman Mikulec, Human Rights Ombudswoman Maria Patakyova, and other government officials attended a Romani Holocaust remembrance ceremony in Banska Bystrica. Media highlighted that this was the first time the Romani Holocaust Remembrance Day was marked by such high-level government attendance.

In February the Slovak Academy of Sciences released a representative survey of majority attitudes toward Romani citizens. When examining stereotypes about Roma, the survey found that most respondents (80 percent) tended to agree with a statement that Roma in the country received undeserved benefits from the social system, and almost two-thirds of respondents tended to identify with openly negative stereotypes of Roma. Only half of the respondents tended to agree with the statements that highlighted the value of Romani culture. The survey also found that respondents identified most with a so-called hostile political discourse, where politicians referred negatively to Romani citizens, particularly regarding work habits and crime rates in Romani communities.

Widespread discrimination against Roma continued in employment, education, health care, housing, loan practices, restaurants, hair salons, religious services, and public transportation.

In April the government began blanket testing for the presence of COVID-19 in chosen marginalized Romani settlements with a higher recorded number of persons returning from abroad. The government used the military to assist in the testing, arguing the process was necessary to protect public health and safety. Human rights NGOs reported the targeted testing contributed to further stigmatization and anti-Romani prejudice and that there were reports of increased hate speech against Roma on social media. The targeted testing contributed to further stigmatization and anti-Romani prejudice and there were reports of increased hate speech against Roma on social media.

Based on the result of COVID-19 testing in marginalized Romani communities, the government’s chief medical officer ordered mandatory full-area quarantines in five settlements, with armed police and military guards stationed at the entrances to the settlements. Quarantines lasted up to one month in some of the settlements. NGO Amnesty International spoke to residents of the quarantined settlements, who confirmed that no one informed them about the duration and conditions of the quarantine. Authorities reportedly did not isolate persons who tested positive for COVID-19 from other persons in the community. In addition human rights watchdogs reported that authorities did not ensure a sufficient supply of food and medical supplies to the sealed-off settlements, forcing impoverished inhabitants to procure grossly overpriced supplies from vendors offering delivery services. Amnesty International considered the conduct of the government a violation of human rights.

Local authorities continued to use regulatory obstacles, such as withholding of construction permits, to discourage the legal establishment of Romani settlements. Media reported cases where non-Romani persons tried to prevent Romani customers from buying or renting property in “their” neighborhood.

Members of the Romani minority continued to experience obstacles and discrimination in the access to quality health care. A government report released by the Ministry of Finance in January 2019, the latest available, estimated life expectancy within the marginalized Romani population at 69.6 years, nearly seven years less than the general population, and infant mortality at three times the country average. NGOs reported Romani women faced multiple forms of discrimination in reproductive health care, including segregation in maternity departments, verbal harassment, and maltreatment by medical personnel. The hospitals claimed they grouped persons according to their levels of hygiene and adaptability, not by race. NGOs continued to express concerns over the way medical personnel obtained informed consent from Romani patients.

Romani children from socially excluded communities faced educational discrimination and segregation and were disproportionately enrolled in “special” schools or placed in segregated classrooms within mainstream schools. A government review released by the Ministry of Finance’s analytical unit in January 2019, the latest available, confirmed earlier reporting from the ombudsperson that Romani children received an inferior education compared with their non-Romani peers. The report found a disproportionately high share of Romani children in “special” schools for children with intellectual disabilities (42 percent of all children enrolled) and schools with special classes for Romani children (63 percent). According to the review, only 32 percent of Romani children had received preschool education, compared with 75 percent for the general population, and one-third of Romani children dropped out of the education system before completing elementary school.

School closures during the COVID-19 pandemic deepened the educational gap between children from disadvantaged socioeconomic backgrounds, particularly children from marginalized Romani settlements, and children from more affluent families, educational experts pointed out. According to a study conducted by NGO EduRoma, 70 percent of marginalized Romani children did not participate in distance learning, and 60 percent of them had no contact with their teachers whatsoever during the nearly four-month-long closure of primary and secondary schools, mainly because they did not have access to a computer or the internet. Educational professionals warned this interruption in the education of children from disadvantaged backgrounds would have lasting impacts on their future educational and career prospects.

There were reports of racial discrimination and inappropriate language being used against members of the Romani minority at all levels of the education system. In April the regional court in Bratislava upheld a 2016 trial court ruling dismissing an antidiscrimination lawsuit against the segregation of Romani children at an elementary school in the town of Stara Lubovna. The court determined Romani children were not segregated in education even though the school was ethnically homogenous and attended exclusively by Romani children from a nearby marginalized settlement. The human rights NGO Poradna, which initiated the lawsuit, considered the court’s judgment in breach of international human rights law and planned to file an extraordinary appeal to the Supreme Court.

The government’s Council on Human Rights, National Minorities, and Gender Equality operated a Committee for the Prevention and Elimination of Racism, Xenophobia, Anti-Semitism, and Other Forms of Intolerance. Since 2017 “extremist” crimes, including incitement towards racial, religious, and ethnic hatred; discrimination on the basis of a deliberate hate motive; defamation of race, nation or belief; founding, supporting and expressing sympathy towards movements aimed at suppressing fundamental rights and freedoms; and producing and disseminating “extremist” materials, fall under the purview of the National Counter-Terrorism Unit at the National Crime Agency and are prosecuted by the Specialized Prosecution Service at the Specialized Criminal Court. Experts credited these specialized law enforcement and prosecution agencies for increasing the number of cases and the conviction rate for perpetrators of “extremist” crimes as well as for raising the profile of the issue in Slovak society.

The law bans the spreading of profascist propaganda and hatred in public, including on social media.

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

LGBTI organizations reported the law requires that persons seeking legal gender recognition provide confirmation from a medical practitioner that a person has undergone a “gender change” to obtain new identity documents. The law, however, does not define “gender change.” In practice authorities required confirmation that a person had undergone permanent sterilization before issuing new identity documents.

The law does not allow educational establishments to reissue educational certificates with a new first name and surname to transgender individuals after they have transitioned. The law does allow institutions to issue such individuals new birth certificates reflecting the name with which they identify.

NGOs reported violence and online harassment of LGBTI persons. Due to COVID-19 and associated restrictions on public gatherings, annual LGBTI Rainbow Pride celebrations in Bratislava and Kosice moved online. While there were no reports of physical altercations, organizers reported online hate speech directed at their virtual programs.

Ahead of the February parliamentary elections, several political parties, notably the LSNS and the Vlast (Homeland) Party of former Supreme Court judge Stefan Harabin, campaigned on anti-LGBTI platforms, presenting sexual minorities as “sick,” “decadent,” or “perverted.” In June during a debate about the ombudsperson’s annual report in parliament, LSNS MP Milan Mazurek stated that according to him, “there are no transgender people, there are some fools who say from day to day that I am no longer a woman, I am a man, I am no longer a man, I am a woman.”

According to an EU Fundamental Rights Agency (FRA) survey released in June, more than three-quarters of Slovak same-sex couples reported fears of holding hands in public. The survey also indicated only 26 percent of members of the LGBTI community openly declared their orientation and that 36 percent were afraid to visit certain sites for fear of being attacked. In total, 46 percent of members of the LGBTI community felt discrimination in at least one area and at least one in five transgender and intersex persons reported being physically assaulted in the five years prior to the survey, double the number of other LGBTI persons. The FRA survey found that only 8 percent of victims reported such an attack to the police and 6 percent alerted an equality body or other organization to discrimination.

The law prohibits discrimination based on sexual orientation and gender identity in employment, education, state social services, health care, and access to goods and services and identifies sexual orientation as a hate crime motivation that warrants stiffer sentences. NGOs reported the government did not always actively enforce these laws.

Other Societal Violence or Discrimination

NGOs reported online hate speech towards refugees.

Government officials at all levels and leaders from across the political spectrum, including the opposition, engaged in rhetoric portraying refugees and Muslims as a threat to society, and several political parties used antimigrant rhetoric in their parliamentary election campaign messaging. In January the political party Smer released a cartoon campaign video that mocked former president Andrej Kiska and his Za ludi political party and spread false statements that Kiska and his party intended to introduce legislation obliging each family in the country to take in one migrant family. In February, 12 major human rights organizations working with refugees and migrants in the country addressed an open letter to politicians urging them to refrain from spreading unfounded fear of migrants and using dehumanizing statements against migrants and refugees; the letter called for consistency and caution in the use of migration-related terms.

a. Freedom of Association and the Right to Collective Bargaining

The law, including related regulations and statutory instruments, provides for the right of workers to form and join independent unions of their choice. The law also provides for unions to conduct their activities without interference, including the right to organize and bargain collectively, and workers exercised these rights. The law recognizes the right to strike with advance notice, both when collective bargaining fails to reach an agreement and in support of other striking employees’ demands (solidarity strike). Civil servants in essential services, judges, prosecutors, and members of the military do not have the right to strike. The law prohibits dismissing workers who legally participate in strikes but does not offer such protection if a strike was illegal or unofficial. The law prohibits antiunion discrimination. The law does not state whether reinstatement of workers fired for union activity is required.

The government effectively enforced applicable laws and remedies, and penalties for violations were commensurate with penalties for other laws involving the denial of civil rights. These procedures were, however, occasionally subject to delays and appeals.

Workers and unions generally exercised these rights without restrictions. The government generally respected their rights.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. Police are responsible for investigating forced labor, but the government did not effectively enforce the law. The law provides strong penalties for labor traffickers, including imprisonment for terms of four to 25 years, depending on the seriousness of the case. These penalties were commensurate with those for other serious crimes, but were not fully applied. The Ministry of Interior, together with the International Organization for Migration, trained government officials in identifying victims subjected to trafficking for forced labor.

There were reports by NGOs of male and female migrants forced to work in the country under conditions of forced labor, including nonpayment of wages. Migrant workers in the retail and construction sectors or employed as household help were considered particularly vulnerable. Underemployed and undereducated Roma from socially segregated rural settlements were disproportionately vulnerable to forced labor. The government carried out extensive awareness-raising campaigns on the dangers of trafficking in persons with a focus on forced labor and organized joint inspections of business entities to identify illegal employment and forced labor. Courts continued to issue light and suspended sentences for the majority of convicted traffickers that failed to deter trafficking offenses or protect victims.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age for employment is 15, although younger children may perform light work in cultural or artistic performances, sports events, or advertising activities if it does not affect their health, safety, personal development, or schooling. The National Labor Inspection Service (NLI) and the Public Health Office must approve, determine the maximum hours, and set conditions for work by children younger than 15. The law does not permit children younger than 16 to work more than 30 hours per week on average and restricts children younger than age 18 to 37.5 hours per week. The law applies to all children who are high school or full-time university students. The law does not allow children younger than age 18 to work underground, work overtime, or perform labor inappropriate for their age or health. The violation of child and juvenile labor rules is punishable by penalties which are commensurate with penalties for other serious crimes, although application of those penalties was not always sufficient to deter violations. The NLI did not report serious violations of laws relating to child labor.

Regional inspection units, which are under the auspices of the NLI, received and investigated child labor complaints. Apart from regional inspection units, the state Social Insurance Company was also responsible for monitoring child labor law compliance. If a unit determined that a child labor law or regulation had been broken, it transferred the case to the NLI, which may also impose fines on employers and individuals that fail to report such incidents adequately.

The government generally enforced the law effectively. Resources, inspections, and remediation were generally adequate.

There were reports Romani children in some settlements were subjected to trafficking for commercial sex or forced marriage (see section 6, Children). NGOs reported that family members or other Roma exploited Romani victims, including children with disabilities. Child labor in the form of forced begging was a problem in some communities.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination regarding age, religion, ethnicity, race, sex, gender, disability, language, sexual orientation, social status, or “other status” but does not specifically prohibit discrimination based on HIV status. Relevant inspection bodies provide for the protection of migrant workers against abuses from private employment agencies. The Central Office of Labor, Social Affairs and Family and the Trade Business Office may cancel or suspend the business license of violators and impose penalties which are commensurate with those for other civil rights laws. The government did not consistently enforce the law.

Employers discriminated against members of the Romani minority. The government continued implementing a program to increase the motivation of the long-term unemployed Roma to find jobs. The Operational Program–Human Resources for 2014-20 included as one of its priorities the integration of marginalized Romani communities in the labor market through educational measures. A January 2019 government report prepared by the Ministry of Finance, the latest available, showed that Romani jobseekers were less likely to benefit from effective active labor market measures, particularly further training and requalification, compared with the non-Romani population of jobseekers. Activists frequently alleged that employers refused to hire Roma, and an estimated 70 percent of Roma from socially excluded communities were unemployed. NGOs working with Roma from such communities reported that, while job applications by Roma were often successful during the initial phase of selection, in a majority of cases employers rejected the applicants once they found they were Roma. Rejected job applicants rarely pursued discrimination cases through the courts, and if they did, the proceedings resulted in excessive and undue delays; even successful cases awarded minimal financial compensation. Human rights NGOs noted that Romani employees from marginalized settlements were disproportionately affected by the economic downturn and subsequent layoffs caused by COVID-19 and were usually among the first employees to be let go when companies began downsizing.

Despite having attained higher levels of education than men, women faced an employment gap of approximately 13 percent, and only 33 percent of entrepreneurs were women. Experts noted motherhood negatively affected career prospects due to long maternity and parental leave and a lack of preschool facilities and flexible work arrangements. Women earned on average 18 percent less than their male colleagues according to a 2017 survey by the personnel agency Trexima.

e. Acceptable Conditions of Work

The minimum wage exceeds the minimum living standard (an official estimate of the poverty income level).

The law mandates a maximum workweek of 48 hours, including overtime, except for employees in the health-care sector, whose maximum workweek is 56 hours, including overtime. Worker overtime generally could not exceed 150 hours per year, except for health-care professionals who, in specific cases and under an agreement with labor unions, could work up to 250 hours overtime. Employees who worked overtime were entitled to a 25 percent premium on their hourly rate. Employees who work under conditions that endanger their health and safety are entitled to “relaxation” leave in addition to standard leave and an additional 35 percent of their hourly wage rate. Employees who work during government holidays are entitled to an additional 50 percent of their hourly rate. Employers who fail to follow wage and overtime rules face fines that were commensurate with those for similar violations. If employers fail to pay an employee, they may face imprisonment of one to five years.

Trade unions, local employment offices, and the Ministry of Labor, Social Affairs, and Family monitored observance of these laws, and authorities effectively enforced them.

The law establishes occupational safety and health standards that the Office for Labor Safety generally enforced. Workers could generally remove themselves from situations that endangered health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation.

Minimum wage, hours of work, and occupational safety and health standards were appropriate for the main industries and effectively enforced. Penalties were commensurate with those for similar crimes. The number of labor inspectors was sufficient to ensure compliance with the law. The Ministry of Labor, Social Affairs, and Family may impose financial penalties on companies found to be noncompliant. In serious cases of labor rights violations, the NLI may withdraw an employer’s license. If there are safety and security concerns found at a workplace, the inspectors may require companies to stop using equipment that poses risks until they meet safety requirements. In cases of “serious misconduct” at a workplace, the law permits labor inspectors to impose additional financial penalties. There were 88 accidents during the year that caused serious workplace injuries or death and 8,934 workplace accidents that resulted in less severe injuries.

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

There were no reports that the government or its agents committed arbitrary or unlawful killings.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices, and there were no reports that government officials employed them.

Prison and Detention Center Conditions

Physical conditions were generally acceptable, according to the human rights ombudsman. There were some reports of inmate mistreatment, prisoner-on-prisoner violence, and overcrowding in prisons. Local NGOs stated the government-run asylum center and other intake facilities housing asylum seekers were often overcrowded. A significant increase in the number of migrant detainees coupled with the lack of personnel to process detainees, and a dearth of linguistic and cultural training, have exacerbated the problem with overcrowding.

The Human Rights Ombudsman noted that prisoners in the country’s sole incarceration facility for women, Ig prison, were discriminated against compared to their male counterparts at Dob prison, the country’s largest and highest-standard correctional facility. The ombudsman established that inmates at the Ig prison had unequal opportunities when it came to phone calls, electronic communication, recreational time, and that no female prisoner in the country had ever been afforded the opportunity to have a visitor overnight or to be allowed to have intimate contacts, something that is available to Dob prisoners.

Administration: Authorities investigated accusations of problematic conditions and documented the results in a publicly accessible manner.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her detention in court, and the government generally observed these requirements.

Arrest Procedures and Treatment of Detainees

Police generally made arrests with warrants issued by a prosecutor or judge based on evidence. Authorities may detain suspects for 48 hours before charging them. The law requires authorities to inform suspects of their rights immediately after arrest and to advise detainees in writing within six hours (or within three hours for minor offenses) of the reasons for their arrest. Suspects must have prompt access to a judge to assess whether they qualify for release on bail or should remain incarcerated pending trial. Authorities generally released defendants on bail except in the most serious criminal cases. The law provides for prompt access to immediate family members and detention under house arrest.

Upon arrest, detainees have the right to contact legal counsel of their choice and the right to counsel during interrogations, and the government protected these rights. While indigent defendants have the right to an attorney provided at public expense, there was no formal system for providing such legal counsel. The NGO Legal Information Center and the government’s Free Legal Aid Office made free counsel available to indigents. In a 2017 report, the committee for the Prevention of Torture expressed concern that persons unable to pay for a lawyer could not, as a rule, benefit from the right of access to a lawyer from the outset of their detention. The report noted, “ex officio lawyers would only be appointed if such an appointment was considered ‘in the interests of justice’ and, if appointed, they would meet detainees only after police questioning, very briefly before the court hearing.” Such practices remained common for persons facing minor offenses, but indigent defendants facing serious criminal charges generally had access to an attorney throughout legal proceedings provided at public expense.

e. Denial of Fair Public Trial

The constitution and law provide for an independent judiciary, and the government generally respected judicial independence and impartiality.

Trial Procedures

The constitution and law provide for the right to a fair public trial, and an independent judiciary generally enforced this right. Defendants enjoy rights to a presumption of innocence, to be informed promptly and in detail of the charges, to a fair and public trial without undue delay, to be present at their trial, and to communicate with an attorney of their choice or have one provided at public expense if unable to pay. Defendants have the right to adequate time and facilities to prepare a defense, to free interpretation as necessary from the moment charged through all appeals, to confront prosecution or plaintiff witnesses and present their own witnesses and evidence, not to be compelled to testify or confess guilt, and to appeal. The law also provides safeguards against self-incrimination. These rights extend to all defendants.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

The constitution and law provide for an independent and impartial judiciary in civil matters, including damages for, or cessation of, human rights violations. Individuals may appeal court decisions involving alleged government violations of the European Convention on Human Rights to the European Court of Human Rights once they exhaust all avenues of appeal in domestic courts.

Property Restitution

The law permits all persons who were citizens of the former Yugoslavia or Allied nations to recover property confiscated by fascist or Nazi occupying forces. Cases involving property confiscated after 1945-46 are subject to restitution procedures under the Criminal Procedure Act. Cases involving property that was nationalized are subject to restitution procedures under the Denationalization Act of 1991. The Denationalization Act requires claimants to have had Yugoslavian citizenship at the time the property was confiscated and excludes, with some exceptions, property confiscated before 1945. Some cases involving the restitution of property seized during the communist era (especially from 1946 to 1958) remained unresolved.

Although some heirs of Holocaust victims may seek restitution of confiscated property through these laws and mechanisms, NGOs and advocacy groups reported the government did not make significant progress on the resolution of Holocaust-era claims. This includes both former citizens who were required to renounce Yugoslavian citizenship as a condition for emigrating and Holocaust survivors from Yugoslavia and their heirs who did not return and never had Yugoslav citizenship. The World Jewish Restitution Organization (WJRO) engaged the government regarding Holocaust survivors and their heirs who were not eligible to file claims based on Slovenian law.

Some Holocaust survivors and their relatives, along with Slovene deportees, reclaimed pre-1945 confiscated property through 1945-46 restitution legislation. Most Holocaust-era claims are categorized as heirless property, for which there is no provision in law for restitution or compensation. In 2018 the WJRO and Ministry of Justice agreed to launch a joint research project to compile as complete a historical record as possible of heirless, formerly Jewish-owned properties in the country. Research teams commenced the project in 2018. Ministry of Justice researchers concluded their research in October 2019, while the WJRO report was under review as of year’s end. The ministry agreed to a one-year timeline for evaluating the values of heirless property after completion of the study.

Some remaining non-Jewish confiscated properties appeared to be unrecoverable because the parties occupying the sites were politically influential and thwarted attempts to reach a negotiated settlement. For example, since 1993 close ties between the local government’s administrative unit and Radenska d.d., a major mineral water producer, stymied a foreign family’s claims to the Radenci Spa property located on the family’s ancestral lands. Although the Supreme Court rejected the family’s claim in 2015, the litigants appealed to the Constitutional Court, which returned the case to lower courts where it remained pending consideration.

The Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 29, can be found on the Department’s website: https://www.state.gov/reports/just-act-report-to-congress/.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution and laws prohibit such actions, and there were no reports that the government failed to respect these prohibitions.

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, and the government generally respected these rights. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Freedom of Speech: The law prohibits the incitement to hatred, violence, and intolerance based on nationality, race, religion, gender, skin color, social status, political or other beliefs, sexual orientation, and disability in a way that could threaten or disrupt public order, typically requiring violence to occur for the prosecution of such incitement. The penal code also prohibits the expression of ideas of racial superiority and denial of the Holocaust.

On May 11, police launched an investigation against demonstrators for their participation in regular antigovernment protests, at which some brandished the slogan “Death to Jansism,” in reference to Prime Minister Janez Jansa. The Prime Minister claimed the slogan was a death threat that could escalate into physical violence. The state prosecution did not press charges, determining on May 20 that the word “death” in the slogan should be seen as metaphorical and as a call to halt the policies of Jansa.

Freedom of Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction. Nevertheless, journalist organizations reported growing hateful rhetoric and threats against journalists online, spurred by animosity from officials. The International Press Institute highlighted a series of Twitter attacks on reporters, “enabling a wider increase in digital harassment from online trolls and contributing to an increasingly hostile climate for watchdog journalism.”

On March 15, the government’s COVID-19 Crisis Headquarters retweeted an insulting claim about investigative journalist Blaz Zgaga, alleging that he had a “COVID Marx-Lenin virus,” after Zgaga filed a freedom of information request regarding the government’s handling of the COVID-19 pandemic. Following this tweet, progovernment media and social media users engaged in smears and verbal attacks on Zgaga, claiming he was an “enemy of the state.” Zgaga also received online death threats. Several international organizations, including the Council of Europe and the Organization for Security and Cooperation in Europe, as well as press freedom groups, condemned the threats against the journalist, and European Union Commissioner for Values and Transparency Vera Jourova contacted the country’s authorities about the media freedom situation. In a reply to the Council of Europe, the government condemned the case of alleged harassment of the journalist, but stated that there is no conclusive evidence as to what caused the harassment.

The European Commission reported in its September rule of law report for the country that concerns have been raised by stakeholders about possible politically motivated changes to the funding of the national public broadcaster and the governance of the national press agency.

Media freedom watchdogs also expressed concerns about government moves to exert pressure on public broadcaster RTV through changes to its governing bodies, especially following criticism by government officials of RTV’s reporting that was unfavorable to the government. One of the new administration’s early actions was to replace a subset of RTV’s supervisory board, intended to insure its financial independence, as is not uncommon with a change in government. Though the move was not unprecedented, one of the supervisory board members appealed, noting their terms had not expired. The case was still being adjudicated, however, an attempt to change two other supervisory board members was blocked by a parliamentary committee on May 21. The government also appointed some new members to RTV’s Program Council, which oversees its editorial policy and selects its director general.

On March 20, Prime Minister Jansa accused RTV on Twitter of spreading lies about an alleged decision by the government to raise salaries of ministers and state secretaries, adding that “obviously, there are too many of you and you are overpaid.” The Association of Slovenian Journalists expressed concern about the Prime Minister’s statement, asserting that it should be understood as a threat to RTV employees against possible loss of employment if they do not report according to the government’s liking. RTV Director General Igor Kadunc claimed that the comment had damaging consequences for media freedom and was aimed at the subordination of the central media to one political option.

RTV complained about a growing number of insulting tweets and verbal attacks against the institution and its journalists by politicians, labeling such attacks an attack on democracy. Following these verbal attacks, RTV journalists experienced several physical attacks by nongovernment actors.

The International Press Institute estimated that “few countries in Europe have experienced such a swift downturn in press and media freedom after a new government came to power,” leading to “a worrying decline in press freedom in a very short space of time in a country previously considered a relative safe haven for independent journalism, sending up further warning signs about deteriorating media freedom in Central Europe.”

Responding to allegations of pressure on the media in the country, the government attempted to justify its criticisms of the press by providing additional context in a April 7 letter to the Council of Europe, stating that the situation is a result of the country’s media having “their origin in the former communist regime” and the consolidation of media ownership in the hands of circles close to the left.

Journalists and media representatives stated existing media legislation does not address the problem of excessive concentration of ownership in media, which could limit the diversity of views expressed. On July 23, the European Commission expressed concern about transparency of media ownership in its rule of law report for the country. Particularly in the case of multiple shell owners, the law may make it difficult to identify who ultimately controls editorial decision making.

The European Commission also reported on a high level of political influence over some media companies, which could trickle down to the press and broadcasters at regional and local levels. Most media in the country are perceived by the population as somewhat biased, with those on the right asserting that the predominantly left-leaning media environment prevents a full spectrum of political views from being widely expressed.

Watchdog groups’ concerns about alleged financing of certain Slovenian media outlets by sources tied to Hungary’s ruling Fidesz party increased on September 30, when Telekom Slovenije sold Planet TV to Hungary’s TV2 Media, owned by Jozsef Vida, reportedly linked to the business network of Fidesz. Two Slovenian media outlets associated with the Slovenian Democratic Party, weekly newspaper Demokracija and the NovaTV web portal and TV channel, have long been rumored to receive funding from Fidesz allies.

The print and broadcast media, like online newspapers and journals, as well as book publishers, are subject to the laws prohibiting hate speech, libel, and slander.

Violence and Harassment: RTV journalists reported several physical attacks. On March 31, a news crew from RTV was verbally abused and threatened in the street by an unidentified individual as they were reporting from the capital, Ljubljana. After walking away, the assailant returned to the crew’s company vehicle and damaged the tires.

Such incidents were strongly condemned by the country’s senior officials and parties, including Prime Minister Jansa, who tweeted: “We condemn any form of street violence targeting journalists or anyone else, as well as any instigating of such acts.”

On June 1, Eugenija Carl, a journalist at RTV, received an envelope addressed to her containing a threatening handwritten note and a suspicious white powder that she said caused irritation and gave her a sore throat.

Physical attacks on journalists by nongovernment actors occurred particularly during protests. For example, on November 5, an unknown assailant hit photojournalist Borut Zivulovic in the head, apparently deliberately as journalists covered violent clashes with riot police during protests in Ljubljana. Press freedom groups strongly condemned the attack. A police investigation is ongoing. Several other media outlets also reported that their crews were intimidated, pushed, and obstructed during the protest.

During an antigovernment rally in Ljubljana on October 16, a protester, rapper Zlatan “Zlatko” Cordic, approached a cameraman for progovernment broadcaster Nova24 and grabbed his camera, demanding that he erase the recording. After police intervened, the camera was returned. Several videos of the incident appeared on social media. Journalist groups on both sides of the political spectrum condemned violence against media in response to the incident.

Censorship or Content Restrictions: Instances of overt political pressure on the press remained isolated. The Slovenian Association of Journalists and media analysts observed that standards of journalistic integrity suffered because of economic pressure, nonstandard forms of employment such as freelance or student status, and reduced protections for journalists, leading some to practice self-censorship to maintain steady employment.

Libel/Slander Laws: The print and broadcast media, like online newspapers and journals, as well as book publishers, are subject to the laws criminalizing hate speech, libel, and slander. The government has not used the law to retaliate against journalists or political opponents.

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports the government monitored private online communications without appropriate legal authority.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, and the government generally respected these rights.

Freedom of Peaceful Assembly

There were reports that police in rare cases used excessive force when responding to demonstrations. On October 11, several demonstrators addressed a protest letter to the acting Police Commissioner over the conduct of police during antigovernment protests in Ljubljana on October 9, claiming officers used excessive force without reason in several cases. The letter alleged that despite keeping a safe distance, “individuals were targeted without a warranted reason,” adding that the police should have acted differently, as the use of force was unnecessary. The Ljubljana Police Department denied allegations that they used excessive force. The police stressed in a press release that their task was to uphold public order, considering the temporary government decree restricting movement and assembly in public areas.

Freedom of Association

Several civil society organizations alleged that the government took steps to retaliate against them for their criticism of government policy (see section 5).

c. Freedom of Religion

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

d. Freedom of Movement

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

In-Country Movement: Due to COVID-19, the government instituted limitations on movement to within the borders of an individual’s municipality of residence from mid-March until mid-May. These limitations were re-established in October along with a 30-day epidemic declaration that included a 9 p.m. to 6 a.m. curfew. On December 17, the government formally extended the limitations by another 30 days, from December 18 until January 16, 2021. In the four regions with the best epidemiological situation, individuals using the national contact tracing app #OstaniZdrav (#StayWell) will be able to move between municipalities despite the general ban on intermunicipal movement.

Citizenship: Based on a 2012 decision by the European Court of Human Rights, in 2013 the government introduced a system for providing just satisfaction (i.e., restitution for damages) for the “erased” citizens of other former Yugoslav republics denied the right to reside legally in the country in the 1990s. To date, more than 10,300 “erased” individuals have regularized their legal status in the country. An additional 3,000 were presumed deceased, and approximately 12,000 were believed to be living abroad with no intention of returning to the country.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. NGOs alleged that border authorities continued to reject without due process most individuals seeking asylum.

NGOs reported that asylum seekers returned by Slovenian police to Croatia have no legal remedies to challenge border police decisions. NGOs alleged Croatian police forcibly pushed returning many migrants to Croatia into Bosnia and Herzegovina. Amnesty International stated that the expulsions from Slovenia took place without appropriate procedural safeguards against refoulement. This situation has made it difficult for migrants to apply for international protection.

On August 24, the Supreme Court overturned an Administrative Court ruling that blocked the return of migrants to Croatia without a formal Slovenian decision, effectively authorizing the immediate return of migrants to Croatia. The Administrative Court had ruled fast-track returns based on a Slovenian-Croatian interstate agreement but without a specific Slovenian decision in each case violated European and Slovenian legislation and constitutionally secured rights. The Supreme Court ruled that the 2006 agreement provides for the summary return of migrants.

The government also contended it lacks the capacity to process and house all new asylum seekers. Seven EU members, including the country, addressed a letter to the European Commission in June, expressing opposition to compulsory redistribution of migrants among EU member states.

Abuse of Migrants and Refugees: Due to an increase in numbers of asylum seekers and a backlog of cases, applicants were detained at asylum centers while waiting to lodge their application for international protection. The lack of capacity to address large numbers of arrivals resulted in lower hygienic standards and health risks.

A migrant rights advocacy group, Taskforce for Asylum, maintained that authorities were violating the rights of foreigners kept at the Center for Aliens in Postojna were being violated by returning them to Croatia. The center held 96 asylum seekers as of July, mostly from Pakistan, Morocco, Afghanistan, and Algeria, with 55 of them in the process of obtaining international protection. The remaining foreigners were in the process of being returned to neighboring countries on the basis of bilateral agreements or deported to their home countries.

Asylum seekers outside of EU resettlement and relocation programs often waited six or more months for their cases to be adjudicated and were barred from working during the initial nine months of this period, although many reportedly worked illegally. Local NGOs criticized this restriction, asserting it made asylum seekers vulnerable to labor exploitation and trafficking due to their illegal status, lack of knowledge of local labor laws, and language barriers.

Durable Solutions: In 2016 the government approved an EU plan to relocate asylum seekers from Italy and Greece and to resettle refugees from non-EU countries. The government also agreed to resettle Syrian refugees from Turkey. Individuals granted refugee status are eligible for naturalization once they have fulfilled the necessary legal conditions.

g. Stateless Persons

Not applicable.

The constitution and law provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: In 2018 the country held parliamentary elections in which the Slovenian Democratic Party won the plurality of votes. Observers considered the elections free and fair. The List of Marjan Sarec won the second largest share of votes and formed a five-party coalition. In January, Prime Minister Marjan Sarec resigned and in March the new government under Prime Minister Janez Jansa of the Slovenian Democratic Party was sworn in.

Participation of Women and Members of Minority Groups: No laws limit the participation of women and members of minorities in the political process, and they did participate. Women only occupied 22 percent on elected seats in the national legislature. The constitution provides for the National Assembly to include one member each from the Hungarian and Italian minorities.

The law provides criminal and civil penalties for corruption, conflicts of interest, and illegal lobbying by officials, and the government generally implemented the law effectively. There were widespread reports of government corruption during the year. Officials sometimes engaged in corrupt practices with impunity.

Local anticorruption experts said corruption in the country is systemic, however only isolated cases were investigated. Corruption manifested itself through politically motivated staffing in state-owned enterprises, conflicts of interest, bribes, and lack of transparency throughout the country’s political and economic spheres, particularly in public tenders. Due to limited police capacity, just one percent of alleged corrupt practices were investigated, and courts also had a poor track record in trying corruption cases.

There were reports of corruption in public procurement. On April 23, a whistleblower from the Commodity Reserves Agency, Ivan Gale, exposed alleged wrongdoing in the government’s purchasing of personal protective equipment (PPE) and other equipment for the COVID-19 pandemic. Specifically, Gale alleged that Minister of Economic Affairs Zdravko Pocivalsek personally directed eight million Euros in contracts for ventilators to a favored firm, Geneplanet. Allegations were made that several other high-level political figures also pressured the procuring authority to benefit individual companies. Gale lost his job at the Agency in October. His termination took immediate effect, and he was not eligible for severance or unemployment compensation.

State prosecutors launched a criminal investigation into Gale’s allegations in April, after TV Slovenija released information that featured Gale’s allegations and an audio recording of Minister Pocivalsek demanding that the Commodity Reserves Agency execute an advance payment to Geneplanet. As a result, the police searched the minister’s house. The contract with Geneplanet was changed after the story broke and as the epidemiological situation improved, and the company ended up delivering 110 ventilators while also buying 20 back. According to the business newspaper Finance, the final price tag of the transaction was EUR 3.6 million ($4.3 million). Pocivalsek survived a no confidence motion in parliament over the purchases. The criminal investigation is still pending and led to the resignation of both Police Commissioner Anton Travner and Interior Minister Ales Hojs. Hojs, however, withdrew his resignation in September after Prime Minister Jansa asked him to reconsider his decision and he survived a no confidence motion that was filed against him by four left-leaning parties.

On November 11, the Commission for the Prevention of Corruption announced they had detected risks throughout the PPE procurement process including a lack of traceability and transparency as well as and unequal treatment of bidders and selected contractors. Commission president Robert Sumi did not specify the persons or authorities suspected of wrongdoing.

Financial Disclosure: The highest-level officials in the government, the parliament, and the judiciary, representing approximately 5,000 of the country’s 170,000 public employees, are subject to financial disclosure laws. There are administrative sanctions for failing to respect these provisions. The government did not publicize cases in which these provisions were violated, but they may become part of the public record in other procedures (e.g., criminal or tax cases).

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials generally were cooperative and responsive to their views.

Several civil society organizations alleged that the government took steps during the year to retaliate against them for their criticism of government policy. On April 8, the government notified 15 NGOs that it was terminating grant agreements for projects related to civic education, media literacy, and assisting migrants and other vulnerable groups which had been signed under the previous government. Authorities stated that the funds were needed to address the COVID-19 pandemic. The NGOs pointed to rhetoric by the Prime Minister and other officials alleging the NGOs were partners of left-wing parties engaged in self-enrichment as an indication that the termination of the grant agreements was made on a political basis.

On October 19, 18 NGOs with offices in a state-owned building in Ljubljana received a letter from the Ministry of Culture informing them they must vacate the premises by the end of January 2021 or face a court-imposed eviction. The government explained that this action was because the building was to be renovated, but the affected groups commented to the press that they believed the eviction notice was politically motivated. A total of 200 NGOs signed a letter protesting the government’s decision. On November 5, the parliamentary Culture Committee asked the government to provide new premises for the NGOs by June 2021. Culture Ministry State Secretary Ignacija Fridl Jarc said that the ministry had the necessary legal grounds to evict the groups. The ministry stated, “the premises should be turned into a Museum of Natural History as soon as possible, while solutions should be found for the eligible tenants to find adequate premises, with the tenants also expected to take their own initiative in this respect.”

Government Human Rights Bodies: The constitution provides for an independent human rights ombudsman to monitor violations of human rights. Individuals may file complaints with the independent ombudsman to seek administrative relief in the case of a human rights violation by the government. The human rights ombudsman was effective, adequately resourced, reported to parliament annually on the human rights situation, and provided recommendations to the government. The Office of the Advocate of the Principle of Equality raises awareness of and helps prevent all types of discrimination, but reported that a lack of resources and personnel limited its effectiveness.

The Human Rights Ombudsman reported being frustrated by the government’s slow progress in responding to recommendations. In his 2019 annual report to the government, Human Rights Ombudsman Peter Svetina submitted 160 recommendations and criticized state organizations for failing to respond to as many as 200 recommendations from previous years.

Women

Rape and Domestic Violence: Rape of men and women, including spousal rape, and domestic violence, are illegal. Sexual violence is a criminal offense, and the penalty for conviction is six months’ to eight years’ imprisonment. The penalty for conviction for rape is one to 10 years’ imprisonment. Police generally investigated accusations of rape, and courts generally tried accused offenders. The penal code defines rape as a perpetrator coercing the victim into sexual intercourse by force or serious threats. Local NGOs criticized sentencing as excessively light and demanded the government change the penal code’s definition of rape to the absence of consent.

The law provides from six months’ to 10 years’ imprisonment for aggravated and grievous bodily harm. Upon receiving reports of spousal abuse or violence, police generally intervened and prosecuted offenders, but local NGOs reported victims of sexual violence often did not report crimes to police. Local NGOs assessed that police and courts did not effectively intervene in or prosecute cases of alleged domestic abuse. NGOs contend the problem lies in deficient institutional cooperation, lengthy court proceedings, untrained investigators, prosecutors, and judges in matters of domestic violence, and poor information flow between authorities, institutions, and NGOs.

A network of maternity homes, safe houses, and shelters provided care to women and children who were victims of violence. The police academy offered annual training on domestic violence. Local NGOs reported women lacked equal access to assistance and support services and that free psychosocial assistance from NGOs was unavailable in many parts of the country. NGOs also reported a lack of practical training and educational programs for professionals who are legally bound to offer services to survivors of violence. NGOs highlighted the lack of systematic and continuous prevention programs for domestic violence and rape and reported there were no specialized support programs for Romani women, elderly women, or other vulnerable groups.

Due to COVID-19, the police academy halted its annual training on domestic violence.

Sexual Harassment: Sexual harassment of men and women is a criminal offense carrying a penalty if convicted of up to three years’ imprisonment. The law prohibits sexual harassment, psychological violence, mistreatment, or unequal treatment in the workplace that causes “another employee’s humiliation or fear.” Authorities did not prosecute any sexual harassment cases during the year.

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

Under the law infertility treatment and biomedical fertilization procedures are only available for men and women living in a marital or cohabiting relationship who cannot expect to become pregnant through sexual intercourse and cannot be assisted by other treatments. Marital and cohabiting LGBTI couples and all single persons are excluded from the right to state-supported infertility treatment.

Infertility treatment and biomedical fertilization procedures are only available for spouses or common-law partners who are of legal age, can perform parental duties, and are mentally sound. The law does not restrict the right to in vitro fertilization with age but requires women must be of an age suitable for childbirth. In practice, in vitro fertilization was not available or covered by health insurance for women over the age of 43, forcing some women to have procedures in other countries.

The government provides access to sexual and reproductive health services for survivors of sexual violence but does not maintain specific statistics on whether a health services recipient was a victim 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 the same legal status and rights for women and men and prohibits official discrimination in matters such as employment, housing, inheritance, nationality, religious freedom, or access to education or health care. Despite legal provisions for equal pay, inequities persisted.

Children

Birth Registration: Citizenship is derived from the parents with certain limitations. A child is granted citizenship at birth if the child’s mother and father were citizens, or one of the child’s parents was a citizen and the child was born on the territory of the country, or one of the child’s parents was a citizen while the other parent was unknown or of unknown citizenship and the child was born in a foreign country. Naturalization is possible. Children of migrants and asylum seekers do not qualify for citizenship if they are born in the country; their parents may file for asylum or refugee status on their behalf.

Child Abuse: Child abuse is a criminal offense, and conviction carries a penalty of up to three years’ imprisonment. During school closures to prevent the spread of COVID-19, between March and May and again between October and November, police reported 54 cases of child abuse and 301 cases of negligence. Police were active with social media campaigns and appealed to citizens to report any violence against children and other vulnerable groups.

There were 10 crisis centers for youth with a combined capacity of 86 children. The government allowed children to stay at these centers until they reached the age of 18, or 21 if they were still in school.

Child, Early, and Forced Marriage: The minimum age for marriage is 18. With the approval of parents or legal guardians, centers for social service may approve or deny the marriage of a person between 16 and 17. Child marriage, of individuals aged 16 or 17, occurred in the Romani community, but were not a widespread problem.

Sexual Exploitation of Children: The possession, sale, purchase, or propagation of child pornography is illegal. The penalty for violations ranged from six months to eight years in prison. The government enforced the law effectively. The law prohibits sexual violence and abuse of minors and soliciting minors for sexual purposes. Statutory rape carries a prison sentence of three to eight years in prison. The law sets the minimum age of consent for sexual relations at 15. The government generally enforced the law. Some children were also subjected to sex trafficking; however, in 2019, the government did not identify any child trafficking victims.

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 are an estimated 300 persons of Jewish descent in the country. There were no reports of anti-Semitic violence or overt discrimination.

In 2019 the Supreme Court annulled the 1946 death sentence on General Leon Rupnik, who collaborated with the Nazi occupying forces during World War II, on an appeal lodged by a relative, and sent the case to the Ljubljana District Court for retrial. The annulment means the case will be sent to retrial. Under the criminal procedure act, however, courts cannot try dead persons, which means that Rupnik’s guilt might not be re-examined. If rehabilitated, Rupnik’s heirs may claim the return of property seized by the state after the trial. The Jewish Cultural Center in Ljubljana expressed deep concern to what it called “these contemptible acts of Holocaust denial, revision…and attempts at reviving and justifying the Fascist and Nazi horrors.”

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 law mandates access to buildings and public transportation for persons with disabilities, but modification of public and private structures to improve access continued at a slow pace, and some public transportation stations and buildings–particularly older buildings–were not accessible, especially in rural areas. The law provides social welfare assistance and early-childhood, elementary, secondary, and vocational education programs for children with disabilities. Children with physical, sensory, intellectual, and mental disabilities are entitled to tailored educational programs with additional professional assistance and resources. Depending on their individual needs, some children attended school (through secondary school) with nondisabled peers, while others attended separate schools. The law also provides vocational and independent living resources for adults with disabilities. The government continued to implement laws and programs to provide persons with disabilities access to education, employment, health services, buildings, information, communications, the judicial system, transportation, and other state services. The government generally enforced these provisions effectively.

In April 2019 the government adopted a proposal to register Slovenian sign language as a constitutionally official language.

The electoral law requires all polling stations to be accessible to persons with disabilities, but the National Electoral Commission estimated that, as of the 2017 presidential election, only 56 percent of polling stations were accessible. In March a local NGO filed a suit at the Constitutional Court alleging the country’s existing legislation did not provide persons with disabilities full access to polling stations. As of December the case remained pending. In the 2018 parliamentary elections, the National Electoral Commission used mobile ballot boxes to provide equal access to voters with disabilities. Voters with disabilities who are unable to reach a polling station on election day may also vote by mail.

Members of National/Racial/Ethnic Minority Groups

Two constitutionally recognized national minorities and one ethnic minority living in the country: Roma, Hungarians, and Italians. Other minorities living in the country are not officially recognized, such as Germans, Albanians, Bosniaks, Croatians, Macedonians, Montenegrins, and Serbs. Only members of official minorities are guaranteed special parliamentary seats to represent their communities.

Discrimination against socially marginalized Roma persisted in some parts of the country. Organizations monitoring conditions in the Romani community noted that Roma faced difficulties securing adequate housing in traditional housing markets. Many Roma lived apart from other communities in illegal settlements lacking basic utilities and services, such as electricity, running water, sanitation, and access to transportation. Government officials emphasized that the illegality of settlements remained the biggest obstacle to providing Roma access to adequate housing, water, and sanitation. By law only owners or persons with other legal claims to land, such as legal tenants, may obtain public services and infrastructure (see also section 7, Discrimination with Respect to Employment and Occupation). Ethnic Roma are particularly vulnerable to trafficking in the country.

In the first-ever case brought by the country’s Roma to the European Court of Human Rights, two families living in two separate informal Roma settlements asserted in 2014 that the government failed to offer access to basic public utilities, drinking water, and sanitation and that local authorities had engaged in negative and discriminatory treatment. In March the court found that the government took adequate steps to provide Roma settlements with drinking water and rejected the case. Several groups, including Amnesty International Slovenija and several Roma families, appealed the decision, alleging the court had not considered all circumstances in the case. In September, five judges forming the European Court of Human Rights grand chamber dismissed the appeals, quashed the allegations, and sustained the initial ruling.

Organizations monitoring conditions in the Romani community and officials employed in schools with large Romani student populations unofficially reported that high illiteracy rates among Roma persisted. While education for children is compulsory through grade nine, school attendance and completion rates by Romani children remained low.

Privacy protection laws limited the government’s ability to collect personal data on nationality, race, color, religious belief, ethnicity, sex, language, political or other belief, sexual orientation, material standing, birth, education, social position, citizenship, place or type of residence or any other personal circumstance. This resulted in, among other gaps, a lack of official data about Roma in the country.

The Center for School and Outdoor Education continued its 2016-22 project on Romani education, financed by the Ministry of Education, Science and Sport and the European Social Fund. The project helped Romani children succeed in the educational system through mentoring and support, including extracurricular activities and preschool education at community multipurpose centers. Although segregated classrooms are illegal, a number of Roma reported to NGOs their children attended segregated classes and that school authorities selected them disproportionately to attend classes for students with special needs. A local NGO estimated that 30 to 40 percent of the students attending special needs schools and classes were Romani, despite the fact that Roma comprise less than 1 percent of the total population.

In 2018 the government adopted the National Program of Measures for Roma for 2017-21 to improve living conditions of the Romani community through 41 specific measures, including improving health-care access; reducing poverty; providing antidiscrimination training; and promoting education, employment, and social inclusion. The Office for National Minorities coordinated this program and monitored its implementation. Although the government consulted Romani community representatives in preparing the National Program, NGOs claimed it focused too much on project-based initiatives and did not adequately consider the Romani community’s suggestions to address systemic issues, such as a lack of electricity, running water, sanitation, and access to transportation. Some Roma community members expressed concern over planned government reductions in funding for Roma communities due to budgetary pressures resulting from COVID-19 that could affect preparation of a National Program for 2022-26.

Local NGOs called on the government to adopt new measures to improve access to housing, education, and employment for Roma. The human rights ombudsman reported elderly Roma were among the most vulnerable individuals and needed additional care and support services. The average life expectancy of Roma is estimated to be 10 years shorter than that of the rest of the population.

A government-established commission to safeguard the rights of Roma continued to function. The commission included representatives from the Romani community, municipalities, and the government.

Representatives of the Romani community participated in a program that improved communication between police and individual Roma through discrimination prevention training for police officers working in Romani communities. As a result of COVID-19, for first time since the program’s inception in 2016, representatives of the Romani community did not participate in discrimination prevention training for police officers working in Romani communities.

The government provided medical equipment to health-care facilities and supported programs, workshops, and educational initiatives to provide best practices for health-care professionals working in Romani communities.

The German-speaking community called on the government to recognize the community as a minority officially in the constitution. The community called on the government to include German as a language of instruction in schools, recognize the minority language in radio and television programming, and provide additional funds to support German culture.

The ethnic Albanian, Bosniak, Croatian, Macedonian, Montenegrin, and Serbian communities also called on the government to recognize their communities officially in the constitution. In 2019 the government established the Government Council for Ethnic Communities of Members of Former Yugoslav Nations in Slovenia as a consultative body to address issues faced by such ethnic groups living in the country.

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

The law prohibits discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons in housing, employment, nationality laws, and access to government services. The government enforced such laws effectively, but societal discrimination was widespread.

The Ministry of Labor, Family, Social Affairs, and Equal Opportunities, as well as law enforcement authorities, recorded incidents of violence, but they did not track the number of cases of violence against LGBTI persons. Local NGOs asserted that violence against LGBTI persons was prevalent but that victims often did not report such incidents to police.

On June 5, a man attacked a well known gay activist and his friends at a bar in Maribor. The perpetrator approached the activist and insulted him, tore his jacket, and attacked the activist’s friends who stood up for him. The case was reported to the police, who established that it was a homophobic attack. The investigation is still under way and no arrests have been made. The case is pending.

Local NGOs assessed that transgender persons remained particularly vulnerable to societal discrimination and targeted violence. NGOs reported that in 2019, a transgender individual alleged a doctor refused to provide medical services due to the individual’s transgender status. In 2020 the case was placed under administrative complaint procedures and through the help of Amnesty International the transgender individual was able to access her desired medical services.

While the law and implementing regulations establish procedures for changing one’s legal gender, LGBTI NGOs maintained the provisions are too general, subject to misinterpretation and arbitrary decisions, and insufficiently protect the rights to health, privacy, and physical integrity of transgender persons. For example, NGOs reported only two psychiatrists were authorized to provide documentation required for individuals to begin the process, which resulted in waiting times of up to a year.

HIV and AIDS Social Stigma

NGOs reported HIV-positive individuals often faced stigma and discrimination in access to health care. For example, Activists for the Rights of People Living with HIV and medical experts from the Clinic for Infectious Diseases and Febrile Conditions reported that 90 percent of individuals living with HIV experienced discrimination in medical institutions due to their HIV status.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions, bargain collectively, and conduct legal strikes. The law does not prohibit antiunion discrimination or require reinstatement of workers fired for union activity; however, courts have ruled that the right to unionize is protected in law. NGOs reported that in practice employers have informally pressured employees to refrain from organizing or to deunionize, particularly workers in the metal industry and transport sector.

The law requires unionization of at least 10 percent of workers in a sector before the sector may engage in collective bargaining. The law restricts the right to strike for police, members of the military, and some other public employees, providing for arbitration instead. Local NGOs assessed that although penalties for violations were sufficient, a shortage of labor inspectors impeded the government’s ability to effectively prevent, monitor, and deter violations. Judicial and administrative procedures were not subject to lengthy delays or appeals.

b. Prohibition of Forced or Compulsory Labor

While the law prohibits all forms of forced or compulsory labor, and the government generally enforced the law, forced labor occurred and was most common in the metal and wood industry, construction, hospitality, and transport sectors. Local NGOs assessed that while penalties for violations were sufficient, there were concerns that the number of inspectors and resources dedicated to trafficking, coordination between labor inspectors and police, and the prioritization of prosecuting labor trafficking was insufficient, which impeded the government’s ability to effectively prevent and monitor violations.

There were reports men, women, and children were subjected to forced labor in the construction sector and forced begging. A government report found minors and migrant workers were particularly vulnerable to forced labor or trafficking conditions, while fraudulent employment and recruitment of migrant workers remained a problem. Penalties were not commensurate with those for other analogous serious crimes, such as kidnapping.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. The minimum legal age of employment is 15. The law limits hours, mandates rest periods, prohibits working in hazardous locations, and specifies adult supervision for workers younger than age 18. While no specific occupations are restricted, hazardous work locations specified by the law include those that are underground and underwater and those involving harmful exposure to radiation, toxic or carcinogenic agents, extreme cold, heat, noise, or vibrations. Penalties for child labor were not commensurate with those for other analogous serious crimes, such as kidnapping. Penalties related to child labor violations range from a fine to one year in prison and were sufficient to deter violations. The government generally enforced child labor and minimum age laws effectively. Nevertheless, children younger than 15 in rural areas often worked during the harvest season.

d. Discrimination with Respect to Employment and Occupation

The law establishes a general framework for equal treatment and prohibits discrimination with respect to employment or occupation based on race or ethnic origin, sex, color, religion, age, citizenship, disability, or sexual orientation. The law specifically prohibits discrimination based on language or HIV-positive status. The government effectively enforced these laws. Penalties for violations range widely, depending on the type and size of the employing organization, and were sufficient to deter violations. Women’s earnings were approximately 68 percent of those of men; in comparable positions, women’s earnings were approximately 97 percent those of men. Under the law, women were prohibited from working in some industries.

There were few formal complaints of discrimination, although there were some reports of employment discrimination based on gender, age, and nationality. In certain sectors foreign workers are required to remain employed with their initial employer for a minimum of one year. Local NGOs assessed this requirement enabled labor exploitation through lower salaries, poor living conditions, and longer working hours. Migrant workers enjoyed the same labor rights as citizens, but they faced discrimination. Many migrants worked in the hospitality sector or in physically demanding jobs. Some migrant workers were not aware of local labor laws regarding minimum wage, overtime, health care, and other benefits, a problem compounded by language barriers.

One NGO estimated only 2 percent of Roma in the southeastern part of the country worked in the formal economy. Employment in informal sectors made Roma vulnerable to labor law violations, particularly in terms of benefits and procedures for termination of employment. Employment discrimination against Roma was not limited to a specific sector. The government attempted to address problems experienced by Roma (see also section 6, National/Racial/Ethnic Minorities).

e. Acceptable Conditions of Work

The national monthly gross minimum wage exceeded the poverty line. The official poverty line was increased from 662 ($794) euros to 703 euros ($823) per month for single-member households. The Ministry of Labor, Family, Social Affairs, and Equal Opportunities monitors minimum wage compliance and has inspection authority. According to NGOs and advocacy groups, authorities generally enforced the laws effectively, except in some cases involving migrant workers and asylum seekers, who faced conditions of exploitation. Penalties for violations were sufficient to deter violations.

Collective agreements determined whether workers received premium pay for overtime. The law limits overtime to eight hours per week, 20 hours per month, and 170 hours per year.

The European Trade Union Confederation reported five cases of potential labor exploitation of Slovenian nationals temporarily working in other EU countries to the European Labor Authority. A local trade union confederation expressed concern that authorities issued temporary work permits for its nationals to work in other EU countries based on false pretenses and without adequately monitoring the posted employees or checking for potential violations. The trade union confederation urged the government to adopt measures to prevent and combat such violations. Common examples of such exploitation included pay discrepancies between local workers (workers who are employed by companies in the country and also work there in the country) and posted workers (workers employed by companies in the country but whose job location is in other countries of the EU joint labor market), and companies neglecting to pay social security contributions or grant paid holidays and sick leave.

Special commissions under the Ministry of Health and the Ministry of Labor, Family, Social Affairs, and Equal Opportunities set occupational health and safety standards for workers that are appropriate for the main industries in the country. Workers may remove themselves from situations that endanger health or safety without jeopardizing their employment, and authorities effectively protected employees in this situation. Workers facing hazardous working conditions included professional divers, mountain rescuers, sailors, construction workers, and miners. Workers facing exploitative working conditions included those employed in construction, the transport sector, the wood industry, and exotic dancers. The government did not effectively enforce occupational safety and health laws. Penalties for violations of these laws were not commensurate with those for crimes like negligence.

The law requires employers to protect workers injured on the job. If incapacitated, such workers may perform other work corresponding to their abilities, obtain part-time work, and receive occupational rehabilitation and wage compensation.

The Ministry of Labor, Family, Social Affairs, and Equal Opportunities monitors labor practices and has inspection authority; police are responsible for investigating violations of the law. According to NGOs and advocacy groups, authorities enforced the laws effectively, except in some cases involving migrant workers and asylum seekers who faced conditions of exploitation. The International Labor Organization’s Committee of Experts on the Application of Conventions and Recommendations observed that conflicts between laws governing inspection could lead to uncertainty over whether inspectors have the right to access work sites. The law requires employers to make social security payments for all workers. The Free Legal Aid Society reported that employers of migrant workers usually did not deduct social security from paychecks, leaving those workers without a future pension or access to social services. The number of inspectors was insufficient to monitor potential labor contract or occupational safety and health violations; the committee of experts and NGOs reported an urgent need to increase the number of inspectors to keep up with the workload. Labor inspectors carried out some labor contract and occupational safety and health inspections, found violations, and issued penalties. The majority of violations took place in the wood processing industry, the metal industry, construction, and bars and restaurants.

There were no major industrial accidents during the year in which workers were injured.

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

There were no reports that the government or its agents committed arbitrary or unlawful killings. In the event of the killing of an individual by security forces, the internal affairs division of the corresponding agency is responsible for investigating whether the killing was justifiable.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and laws prohibit such practices. There were reports of police mistreatment; courts dismissed some of the reports. The constitution provides for an ombudsman to investigate claims of police abuse, and the Office of the Ombudsman serves as the National Mechanism for the Prevention of Torture. In 2019 the ombudsman received four complaints of police mistreatment and 68 complaints of verbal abuse. Impunity was not a significant problem in the security forces.

There were multiple reports of excess use of force by law enforcement during the government-decreed state of alarm from March 14 through June 20 enacted in response to the COVID-19 pandemic. In August the nongovernmental organization (NGO) Defend Those Who Defend reported it registered 70 cases of mistreatment of individuals by state security forces. The NGO Rights International Spain reported several cases of excessive use of force documented on video showing police slapping, shoving, or kicking individuals.

A video posted online in March by Amnesty International showed police officers in Bilbao shoving a young man of North African descent, hitting him with a baton, and later hitting and arresting his mother after she told the police he was suffering from poor mental health. The Basque regional government opened an internal investigation into the use of force in the incident. The investigation continued as of November. Neighbors who filmed the incident were fined for “unauthorized use of images of law enforcement officials” and “lack of respect for law enforcement officials,” which Amnesty International denounced as restricting the right to freedom of expression.

In addition to its concerns about the police’s “unlawful use of force in the enforcement of lockdown measures,” Amnesty International in June cited concerns about the “lack of prompt, impartial, and thorough investigations into allegations of unlawful use of force as well as about discriminatory police checks.” In June the government detailed in a parliamentary response that it had opened proceedings against two civil guards and four national police officers for irregular actions during the state of alarm and was investigating approximately 30 additional complaints.

Prison and Detention Center Conditions

There were some reports regarding prison and detention center conditions that raised human rights concerns. NGOs reported extreme overcrowding at some temporary migrant detention centers due in part to the COVID-19 pandemic.

After the periodic visit of the Council of Europe’s Committee for the Prevention of Torture (CPT) to the country in September, the press reported the CPT alleged during the visit mistreatment of an inmate in the Estremera prison in Madrid. On September 9, the inmate was reportedly placed in an isolation cell after he became unruly. When he was released, a medical examination found bruises on his buttocks, legs, soles of his feet, and ankles that had not been present when he was reviewed by a doctor before being admitted to the isolation cell. Prison leadership opened an internal investigation, and the Ministry of the Interior referred the incident to the court.

The UN Subcommittee for the Prevention of Torture (SPT) reported in October 2019 that, during its 2017 visit, it found that authorities in detention centers and other places of confinement frequently resorted to “measures of mechanical restraint and other coercive means.” Subsequent to that visit, the Ministry of the Interior updated its protocols, restricting the use of mechanical confinement to very limited parameters. In his 2019 report, the ombudsman reported that the prison administration officials informed the ombudsman that the use of mechanical restraints decreased, with 189 instances from January to April of 2019 compared with 322 instances during the same period in 2018. The use of mechanical restraints gained renewed attention after a video of the July 2019 death of 18-year-old Ilias Tahiri in a juvenile detention center in Almeria was made public in June. The video showed six prison officials strapping Moroccan-born Tahiri face down to a bed with his hands bound behind his back while two officials knelt on his back until he stopped breathing. In October a judge reopened the investigation into Tahiri’s death, looking at possible charges of reckless homicide, after his family appealed the judge’s January ruling that his death was an accident.

In its report on prison conditions in Catalonia released on February 4, the CPT reported complaints in all four prisons it visited of physical abuse of prisoners by prison officials, including slaps, punches, and blows with batons. The report alleged Catalan regional police officers subjected some detainees to an unauthorized restraint called a “sandwich” (entailing restraint of ankles and being placed between two plastic mattresses joined by strips of Velcro). The CPT expressed concerns about the practices of tying agitated prisoners to beds with straps and of forced medication of immobilized prisoners, noting they can cause serious injuries. The CPT also noted admission procedures failed to consider gender-specific needs, including detection of sexual abuse or other gender-based violence inflicted prior to admission.

Physical Conditions: The COVID-19 pandemic put considerable stress on the temporary internment centers for foreigners (CETIs) in Ceuta and Melilla, which housed irregular migrants pending their repatriation who crossed the border fence from Morocco. A CETI in Melilla was at nearly double its capacity as of September, prompting local authorities temporarily to house migrants at the city’s bullring alongside the homeless and Moroccan nationals unable to repatriate after Morocco closed its borders in March. (See section 2.f. for more information).

The CPT’s February report on its visit to Catalonia noted Catalan regional police detention centers lacked access to natural light and outdoor space for exercise and had inadequate artificial lighting, poor ventilation, and insufficient access to drinking water and personal hygiene products.

Administration: Authorities conducted investigations of credible allegations of mistreatment.

Independent Monitoring: The government generally permitted monitoring by independent nongovernmental observers, including the Office of the Ombudsman, which is also the National Mechanism for the Prevention of Torture, the CPT, and the SPT, in accordance with their standard operating procedures. In 2019 the ombudsman made 106 visits to places where individuals were deprived of their liberty to assess conditions of confinement. During the year the ombudsman conducted primarily virtual visits to prisons and detention centers due to the COVID-19 pandemic. The CPT made a scheduled periodic visit to the country on September 13 to 28. A report of its findings was not public at year’s end.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed these requirements.

Arrest Procedures and Treatment of Detainees

The law permits police to apprehend suspects for probable cause or with a warrant based on sufficient evidence as determined by a judge. With certain exceptions police may not hold a suspect for more than 72 hours without a hearing. In certain rare instances involving acts of terrorism, the law allows authorities, with the authorization of a judge, to detain persons for up to five days prior to arraignment. Authorities generally informed detainees promptly of the charges against them. These rights were respected. The country has a functioning bail system, and the courts released defendants on bail unless they believed the defendants might flee or be a threat to public safety. If a potential criminal sentence is less than three years, the judge may decide to set bail or release the accused on his own recognizance. If the potential sentence is more than three years, the judge must set bail. The law provides detainees the right to consult a lawyer of their choice. If the detainee is indigent, the government appoints legal counsel.

The law allows incommunicado detention when there is a threat to the detainee’s life or physical integrity, or a need to avoid compromising criminal proceedings. Under the law incommunicado detention can only be applied by judicial order and is limited to 10 days’ duration. In certain rare instances involving acts of terrorism, a judge may order incommunicado or solitary detention for the entire duration of police custody. The law stipulates that terrorism suspects held incommunicado have the right to an attorney and medical care, but it does not allow them either to choose an attorney or to see a physician of their choice. The court-appointed lawyer is present during police and judicial proceedings, but detainees do not have the right to confer in private with the lawyer.

e. Denial of Fair Public Trial

The constitution provides for an independent judiciary, and the government generally respected judicial independence and impartiality.

Trial Procedures

The constitution and law provide for the right to a fair and public trial, and an independent judiciary generally enforced this right. Defendants enjoy a presumption of innocence, the right to be informed promptly and in detail of the charges against them, the right to a fair and public trial without undue delay, and the right to be present at their trial. Defendants have the right to an attorney of their choice. If the defendant is indigent, the government provides an attorney. Defendants and their attorneys have adequate time and facilities to prepare a defense. Government policy is to provide free interpretation as necessary from the moment the defendant is charged through all appeals, although there were reports that translations of charges and interpretation throughout trials were not always provided. During the trial defendants may confront prosecution or plaintiff witnesses, and present their own witnesses and evidence. Defendants may not be compelled to testify or to confess guilt, and they have the right of appeal.

Political Prisoners and Detainees

On March 8, the UN special rapporteur for minority issues expressed concerns about the restrictions and criminal charges against Catalan politicians and civil society activists involved in the October 2017 “referendum.” The special rapporteur called on the government to abide by its legal obligations to protect the human rights of minorities, including the Catalan minority, especially regarding the freedoms of expression; peaceful assembly, association; and participation in public life. The ombudsman rejected the categorization of the Catalan-speaking population as a minority. The special rapporteur agreed with conclusions of the Working Group on Arbitrary Detention that the extended detentions and subsequent convictions of Jordi Sanchez and Jordi Cuixart, the two civil society activists convicted in the case, as well as the other Catalan political leaders in prison, were to intimidate them because of their political views.

On May 13, Amnesty International criticized the Supreme Court’s interpretation of sedition as “excessively broad” and alleged it resulted in the “criminalization of acts of protest.” On November 3, it reiterated its call for the government to release Sanchez and Cuixart.

In July the UN Working Group on Arbitrary Detention reiterated its previous recommendation to release seven of the nine Catalan proindependence prisoners convicted of sedition by the Supreme Court for their role in the October 2017 “referendum” on Catalan independence. Representatives of several Catalan national political parties called those convicted “political prisoners,” but neither the government nor any international human rights NGO supported this claim.

Civil Judicial Procedures and Remedies

Individuals or organizations may bring civil lawsuits seeking damages for a human rights violation. The complainant may also pursue an administrative resolution. Persons may appeal court decisions involving alleged violations of the European Convention on Human Rights to the European Court of Human Rights (ECHR) after they exhaust all avenues of appeal in national courts.

Property Restitution

The country endorsed the 2009 Terezin Declaration but has no immovable property restitution laws because, as the European Shoah Legacy Institute notes, private and communal property were not seized from Spanish Jewish communities during the Holocaust. The government participated in the 1998 Washington Conference on Holocaust Era Assets and is a signatory to the International Council of Museums Code of Ethics. Some Jewish groups say that the government has not sufficiently investigated the movement of Nazi-looted art works through the country or sufficiently researched existing art collections in Spain to ascertain whether they include works of Nazi-looted art. The Federation of Jewish Communities of Spain reported there were no existing or prior cases of compensation or restitution in the country stemming from the Holocaust. The Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 29, 2020, can be found on the Department’s website: https://www.state.gov/reports/just-act-report-to-congress/.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution prohibits such actions. On October 22, a court in Barcelona agreed to investigate a complaint filed by Catalan regional parliament president Roger Torrent and regional parliamentarian Ernest Maragall that their cell phones were surveilled in 2019 using a software program developed by the Israeli company NSO Group. Amnesty International called on the government to publish information about any contracts it has with digital surveillance companies.

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Freedom of Speech: The law prohibits, subject to judicial oversight, actions including public speeches and the publication of documents that the government interprets as celebrating or supporting terrorism. The law provides for imprisonment from one to four years for persons who provoke discrimination, hatred, or violence against groups or associations on the basis of ideology, religion or belief, family status, membership in an ethnic group, race, national origin, sex, sexual orientation, illness, or disability.

On February 25, the Constitutional Court ruled that criticism, even severe, of politicians is protected speech and overturned the prison sentence of rapper Cesar Strawberry. In 2017 the Supreme Court sentenced Strawberry to a one-year imprisonment related to his social media posts criticizing politicians that the court ruled as hate speech.

The Law on the Protection of Citizen Security, known as the “gag law,” penalizes the downloading of illegal content, the use of unauthorized websites, violent protests, insulting a security officer, recording and disseminating images of police, and participating in unauthorized protests outside government buildings. The NGO Reporters without Borders (RSF) called the law a threat to press freedom, and the Professional Association of the Judiciary considered it contrary to freedom of speech and information. During the government-decreed state of alarm from March 14 through June 20, state security forces used this law to fine citizens who violated mandatory confinement orders. Amnesty International protested the use of the law to fine several persons who filmed an incident allegedly showing police harassing a mentally ill man and his mother, noting its longstanding concerns with the vague formulation of the law, which authorizes sanctions for “lack of respect of law enforcement officials.” The acting ombudsman declared in April his intention to investigate its application during the confinement. On November 19, the Constitutional Court, in deciding a case brought by the Spanish Socialist Workers’ Party (PSOE) in 2015, upheld most of the law but ruled the provision against unauthorized recordings of members of security forces to be unconstitutional.

In a March 8 report, the UN special rapporteur for minority issues expressed concern that the October 2019 sentencing of 12 Catalan politicians and civil society activists interfered with the freedom of expression and nonviolent political dissent of the Catalan minority and could serve as a signal to prevent the political dissent of other minority groups. The national ombudsman rejected the categorization of the Catalan-speaking population as a minority.

On July 16, Amnesty International called on the government to repeal the criminalization of the glorification of terrorism, insults to the crown, and offending “religious feelings,” which it maintained unduly restricts freedom of expression.

On January 16, the Barcelona hate crimes prosecutor presented the first-ever legal complaint against an individual who falsely claimed in social media that unaccompanied foreign minors were linked to school violence. The prosecutor noted that online hate speech was often not prosecuted due to lack of information on the identities of the perpetrators.

Freedom of Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views generally without restriction. The RSF and other press freedom organizations, however, indicated that the country’s restrictive press law and its enforcement impose censorship and self-censorship on journalists. In January the Universal Periodic Review of the country by the UN Human Rights Council noted that the Law on the Protection of Citizen Security was used against journalists who reported on police action during protests.

Journalist associations denounced the format of the government’s press conferences during the government-decreed state of alarm during the COVID-19 pandemic. The journalists claimed they had to send all questions in writing in advance to a government communications office, which then relayed them to the relevant ministry. They alleged that not all their questions were passed on and that they were unable to engage in direct dialogue with government officials. More than 400 journalists signed an open letter to the government under the title “The Freedom to Ask” and demanded increased access to question government officials. In April the government ended its requirement that questions be submitted in writing in advance.

Violence and Harassment: There were multiple reports of government officials’ verbally attacking certain media outlets and specific journalists. On March 1, President Pedro Sanchez accused “conservative” media of “stirring up society” every time conservatives lose an election. The same day, Second Vice President and Podemos party Secretary General Pablo Iglesias claimed press critical of the government had “offended the dignity of journalism.” Also in March, Iglesias threatened to send a journalist to prison for publishing compromising information about his party, especially regarding its financing. The comments were immediately condemned by the Press Association of Madrid.

In July, following comments by Iglesias against the press and a tweet by Podemos party congressional spokesperson Pablo Echenique attacking the professionalism of a television anchor, the Federation of Journalists Associations of Spain condemned Iglesias and Echenique for attempting to “coerce and intimidate” journalists to prevent them from freely exercising their profession. The RSF also called on the Podemos party leadership and all political parties to respect the freedom of the press.

The RSF blamed repeated attacks against media by the Vox party for provoking verbal and physical attacks on reporters during May countrywide protests against the government’s COVID-19 policies. In one instance several individuals assaulted a photographer covering a protest in Madrid, threw his camera to the ground, and tore his shirt. The RSF also voiced concerns about Vox’s online harassment of critical journalists and fact checkers and condemned Vox for banning some media outlets from attending its press conferences and election events.

In February the International Federation of Journalists warned in its 2019 annual report about the increase in cases of violence against the exercise of journalism in Catalonia, asserting that this community has become “dangerous territory” for journalists.

Censorship or Content Restrictions: The government fully funds the public media conglomerate Spanish Radio Television (RTVE). The RTVE’s president is proposed by the government and confirmed by parliament. Journalists complained that the RTVE, under a caretaker president since 2018, operated with insufficient oversight and claimed that the caretaker president arbitrarily reassigned news directors and journalists.

Libel/Slander Laws: Under the law slander is an offense punishable with six months’ to two years’ imprisonment or a fine. The law was not used by the government or individual public figures to restrict public discussion or retaliate against journalists or political opponents. The law does not criminalize blasphemy, but fines may be levied against those who offend the feelings of members of a religious belief or of those who do not have a religious belief.

National Security: Amnesty International and other organizations criticized the antiterrorism law as overly broad, but there were no known reports of the government using the law to suppress its critics.

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority. Authorities monitored websites for material containing hate speech or promoting anti-Semitism or terrorism.

Academic Freedom and Cultural Events

There were no official government restrictions on academic freedom or cultural events.

In its 2019 annual report published on May 13, the ombudsman reported continuing complaints about the lack of “ideological neutrality” in places of education, particularly in Catalonia. This included instances of “partisan symbolism” on the facades of schools and other public spaces in Catalonia. The ombudsman reported resistance by authorities–particularly Catalan regional government departments and city councils as well as educational, cultural, and health centers–to removing such symbolism after receiving citizen complaints. The ombudsman called upon these authorities to uphold principles of ideological neutrality in public spaces.

b. Freedoms of Peaceful Assembly and Association

Freedom of Peaceful Assembly

The law provides for the freedom of peaceful assembly, and the government generally respected this right. The Law on the Protection of Citizen Security provides for fines of up to 600 euros ($720) for failing to notify authorities about peaceful demonstrations in public areas, up to 30,000 euros ($36,000) for protests resulting in “serious disturbances of public safety” near parliament and regional government buildings, and up to 600,000 euros ($720,000) for unauthorized protests near key infrastructure. By law any protesters who refuse to disperse upon police request may be fined.

In July, Amnesty International expressed concern that the right to peaceful assembly was “unduly restricted” under the Law on the Protection of Citizen Security. The organization asserted the Law on the Protection of Citizen Security was arbitrarily enforced during the March-June government-mandated state of alarm due to the COVID-19 pandemic.

c. Freedom of Religion

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

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

The government declared a state of alarm throughout the country from March 14 through June 20 due to the COVID-19 pandemic. The state of alarm restricted internal movement and foreign travel. During most of this period, movement was restricted to purchasing food, medicine, and essential goods; visits to the doctor, bank, or insurance company; going to essential employment; or taking care of children, the elderly, or other dependent persons. Police were empowered to impose sanctions on those who did not comply with the restrictions. According to data provided by the national government representatives in the country’s 17 autonomous regions, during the state of alarm there were more than 1.1 million proposed sanctions (generally fines) and more than 9,000 arrests for violations of confinement orders. When the national state of alarm ended, some regional governments imposed restrictions of movement in certain places because of an increase in the number of infections.

While the state of alarm was legally enacted by parliamentary approval, some civil society organizations noted it was applied inconsistently and arbitrarily. The ombudsman reported receiving thousands of citizens’ complaints during the state of alarm and expressed concern about possible abuses, but on September 4, the ombudsman ultimately declared the measure constitutional in light of significant health concerns.

During the state of alarm, immigrants in irregular status and those working in the informal economy, particularly domestic workers, were often sanctioned by law enforcement while travelling to their workplaces due to the lack of required employer authorization paperwork. Amnesty International expressed concern about the disproportionate impact of the state of alarm on homeless persons and the “dozens of cases” in which they were fined for being on the streets. The NGOs Rights International Spain and International Decade for People of African Descent maintained police enforced an excessive interpretation of sanctions during the state of alarm by not requiring police officers to issue direct, specific, and individualized infractions.

On June 16, the European Parliament’s Petitions Committee approved a request from a Spanish lawyer to investigate whether the government exceeded the limits of the state of alarm and violated fundamental rights.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

Irregular migration to the country increased by 26 percent during the year compared with the same time in 2019, with 37,303 arrivals as of November 30, according to the Office of the UN High Commissioner for Refugees (UNHCR). Sea arrivals increased by 50 percent (35,862 arrivals as of November 30) primarily due to the increased popularity of the West African route to the Canary Islands, which saw a more than 10-fold increase during the year, with 21,028 migrants arriving by this route as of December 6. Local NGOs reported that more than 2,000 of the arrivals were unaccompanied minors, who were placed under the care of the Canary Islands regional government. According to UNHCR, the government’s limited resources for evaluating new arrivals often made it difficult for the government to distinguish between economic migrants and those seeking international protection.

The government cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

Abuse of Migrants, Refugees, and Stateless Persons: UNHCR, the International Organization on Migration (IOM), NGOs, the national police union, and an association of judges criticized the government-operated internment centers for foreigners who are to be deported (CIEs) for a variety of reasons, including alleged violation of human rights, overcrowding, prison-like treatment, and a lack of interpreters. The law sets the maximum time for detention in CIEs at 60 days. Prior to the COVID-19 pandemic, Moroccan and Algerian migrants were detained in CIEs upon entry to Spain, because these countries have extradition agreements with the Spanish government. Migrants from sub-Saharan Africa were not sent to CIEs but were placed into the voluntary care of humanitarian NGOs.

In May the government closed the CIEs because border closures prevented the return of migrants to their countries of origin. Most new irregular arrivals arriving by sea were tested for COVID-19, and those who tested positive were referred to health authorities. Moroccans and Algerians already present in CIEs were released, and new arrivals from those countries were either placed into the care of NGOs or released. On September 22, the government announced it would reopen the seven CIEs on the peninsula and the Canary Islands and resume repatriations. The CETIs in Ceuta and Melilla remained open during the state of alarm.

In Melilla overcrowding at a CETI prompted local authorities to house migrants temporarily at the city’s bullring. On August 26, police arrested 33 migrants at a CETI after a protest against poor conditions and concerns of contagion turned violent. In late August, Amnesty International, UNHCR, the IOM, and the Council of Europe’s Commissioner for Human Rights expressed concern about deteriorating conditions in Melilla and called on the government to transfer migrants to the mainland to alleviate severe overcrowding. Two judges blocked the local government’s attempts to lock down the CETI after several migrants tested positive for COVID-19, stating it was the central government’s responsibility to transfer migrants to the mainland in accordance with a Supreme Court decision on July 29 allowing freedom of movement throughout the country for asylum seekers who applied in Melilla and Ceuta. On September 2, a total of 60 migrants were transferred from the bullring to the mainland, the first such transfer since May.

The regional governments in Andalusia, Murcia, and the Canary Islands all reported difficulties managing COVID-19 testing and quarantine requirements for migrants arriving by sea. Local NGOs in the Canary Islands reported being overwhelmed by the large number of migrant arrivals to the islands exacerbated by the central government’s decision not to transfer most migrants to the mainland to prevent encouraging more migrants to make the journey. Beginning in August the government started housing thousands of migrants in Red Cross tents at the Arguineguin port on Grand Canary Island, reaching a peak of 2,600 migrants in mid-November. NGOs and local government officials reported insufficient toilets and other sanitation supplies, bedding, and nutritional food for the migrants. On November 28, the ombudsman, citing overcrowded conditions, called on the interior minister to close the port immediately and to transfer the migrants to other facilities. On December 1, the government closed the port and transferred newly arrived migrants to a military installation, also on Grand Canary Island.

Since 2019 the Committee on the Rights of the Child (CRC) of the UN Office of the High Commissioner for Human Rights (OHCHR) adopted 14 decisions against the country concerning age determination of unaccompanied minors seeking asylum in the country. On October 13, the CRC stated that the country’s procedures to assess the age of unaccompanied migrant children violated their fundamental human rights. The CRC experts found various violations of the Convention on the Rights of the Child, including the right to identity, the right to be heard, and the right to special protection of children deprived of their family environments. In one case, according to the CRC, a 17-year-old Guinean teenager arrived in Almeria in 2017 after the Red Cross intercepted the small boat in which he was travelling. Although the teenager told police he was younger than 18, the police allegedly registered him as an adult without performing any age assessment. Police rejected his asylum application and detained him in a CIE for adults. Authorities released him 52 days later after an NGO helped him obtain his birth certificate, but, according to the CRC, he was not assigned a guardian to look after his legal interests, and he was not offered special protection provided for children under Spanish and international law.

Refoulement: The country has bilateral agreements with Morocco and Algeria that allow Spain to deport approximately 95 percent of irregular migrant arrivals of citizens from those countries, almost all without administrative processing or judicial order, in accordance with the Law of the Protection of Citizen Security. NGOs continued to criticize this practice, known as “hot returns.” Repatriations under these agreements stopped in March when the border was closed due to the COVID-19 pandemic. The government maintained this practice is legal and did not report the statistics of the number of persons returned to Morocco or Algeria. An agreement between Spain and Morocco permits the Spanish Maritime Safety Agency to operate from Moroccan ports and to return irregular migrants it rescues off the Moroccan coast to shore in Morocco rather than to Spain.

On February 13, the ECHR reversed its position on Spanish “hot returns” of migrants that occasionally cross the land border from Morocco into the enclave cities of Ceuta and Melilla. In 2017 the ECHR ordered Spain to pay 10,000 euros ($12,000) in compensation to two migrants who were returned to Morocco immediately after jumping the border at Melilla in 2014. The Spanish government at the time appealed the ruling. The ECHR’s new ruling determined that the government did not violate the European Convention on Human Rights, because the migrants put themselves in an illegal situation instead of attempting a regularized entry. Therefore, their immediate return was a consequence of their own conduct, the ruling concluded.

Local NGOs and UNHCR reported several cases of refoulement by authorities in Ceuta and Melilla. The local NGO Walking Borders accused the government of the refoulement of 42 migrants to Morocco on January 3. According to the group’s statement, which was cosigned by more than 60 other human rights groups, authorities picked up the migrants from the Spanish islands of Chafarinas and returned them to neighboring Morocco without verifying their identity or ensuring that those eligible for asylum could have their claims processed. Authorities denied the so-called “hot return,” stating that the migrants were rescued at sea by Moroccan authorities and were never on Spanish territory. The ombudsman rejected the government’s claim.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. Authorities review asylum petitions individually, and there is an established appeals process available to rejected petitioners. The law permits any foreigner in the country who is a victim of gender-based violence or of trafficking in persons to file a complaint at a police station without fear of deportation, even if that individual is in the country illegally.

The COVID-19 pandemic froze the asylum application process during the government-decreed state of alarm, during which time potential asylum seekers were unable to make new petitions for asylum. NGOs including the Spanish Commission for Refugees (CEAR) and the Red Cross as well as UNHCR continued to report concerns about delays in the asylum application process, with wait times varying across regions. UNHCR reported a one- to three-month waiting period to get an appointment to request asylum in Madrid and up to a year in some areas of Catalonia. Since the end of the state of alarm, the Ministry of the Interior has acknowledged continued delays because of the limited ability to conduct in-person interviews.

The ministry began digitalizing its asylum system to alleviate some of the case backlog. On November 4, a ministry official told congress that the Office of Asylum and Refugees increased its staff from 60 to 291 to speed up application processing. According to the secretary of state for migration, by October 30 the government had reduced the case backlog to 3,000, down from 8,000 earlier in the year.

UNHCR reported that 78,812 individuals had filed asylum claims in the country as of the end of October, a decrease of 16 percent from the same period in 2019. Of these, Latin Americans (particularly from Venezuela, Colombia, Peru, Nicaragua, Honduras, and El Salvador) accounted for 86 percent of applications; Venezuelans were the largest group (see below Temporary Protection). Most migrants arriving to the country from Africa and the Middle East sought to transit to other destinations in Europe and therefore did not apply for asylum in Spain.

According to CEAR’s 2020 Annual Report, in 2019, 118,264 individuals applied for asylum in the country. The government offered international protection to 5.2 percent of applicants whose cases were resolved, compared with 24 percent in 2018. Of the 60,198 persons whose cases were resolved in 2019, 2.7 percent (1,653) were granted refugee status. Large percentages of applicants from Colombia (98.9 percent), the West Bank and Gaza (90.6 percent), El Salvador (88.5 percent), Nicaragua (84 percent), and Honduras (79.5 percent) did not receive either asylum status or other protection.

Safe Country of Origin/Transit: Under EU law the country considers all other countries in the Schengen area, the EU, and the United States to be safe countries of origin.

Freedom of Movement: The COVID-19 pandemic limited migrants’ freedom of movement since the government blocked many transfers of migrants from Ceuta, Melilla, and the Canary Islands to reception centers on the mainland. According to UNHCR, the government regularly facilitated humanitarian transfers from Ceuta and Melilla prior to the government-decreed state of alarm from March to June, but during the state of alarm it facilitated only two such transfers. The government did not provide data on transfers from the Canary Islands, but NGOs including the Spanish Red Cross reported it slowed considerably due to the pandemic. In November the interior minister announced the government would only transfer a small minority of vulnerable migrants to the mainland to prevent encouraging more migrants to make the journey. The ombudsman criticized the decision, and stated the government violated the freedom of movement of migrants it kept in tents at the Arguineguin port beyond the 72 hours of police custody permitted under the law.

On July 29, the Supreme Court ruled that migrants who apply for asylum in Ceuta or Melilla have the right to freedom of movement throughout the country. Previously, NGOs had criticized the government for not allowing freedom of movement for asylum seekers from the two autonomous enclaves until a decision had been made on the admissibility of their claim.

Employment: NGOs noted that many asylum seekers were unable to renew their paperwork required for employment due to lack of in-person appointments, leading some to miss job opportunities.

Access to Basic Services: Migrants from countries without a return agreement and those who demonstrated eligibility for international protection were provided housing and basic care for up to three months as part of a government-sponsored reception program managed by various NGOs. Due to the difficulty for migrants seeking international protection on the Canary Islands to travel to the mainland during the COVID-19 pandemic, the Spanish Red Cross permitted some migrants to stay in their reception centers for longer than three months.

In September the secretary of state for migration issues accepted the ombudsman’s recommendation to grant temporary residency permits to those seeking international protection without having to give up their applications for asylum.

Durable Solutions: The government accepted refugees for relocation and resettlement and provided assistance through NGOs such as CEAR, Accem, and the Spanish Red Cross. UNHCR noted the country’s system for integrating refugees, especially vulnerable families, minors, and survivors of gender-based violence and trafficking in persons, needed improvement.

The government assisted in the safe, voluntary return of failed asylum seekers and migrants to their homes or the country from which they came.

Temporary Protection: The government also provided temporary protection to individuals whose applications for asylum were pending review or who did not qualify as refugees. CEAR reported that in 2019 the government granted international subsidiary protection to 1,503 individuals. Additionally, the government granted one-year residency permits (which can be extended to two years) on humanitarian grounds to 39,776 applicants (66 percent of applicants whose cases were resolved), the overwhelming majority of them from Venezuela. Humanitarian protection was generally not granted to immigrants from other Latin American countries.

According to the Ministry of the Interior, the country has adopted a policy of providing humanitarian protection to Venezuelans who do not qualify for other types of international protection in the country, including asylum. As of October 31, a total of 25,858 Venezuelans applied for asylum in the country, at 33 percent of all applicants, the largest group of asylum seekers. Humanitarian protection provides residency and work authorization for one year, which can be extended. Humanitarian protection was generally not granted to immigrants from other Latin American countries.

g. Stateless Persons

According to UNHCR, at the end of 2019, a total of 4,246 stateless persons lived in the country. The law provides a path to citizenship for stateless persons. The law includes the obligation to grant nationality to those born in the country of foreign parents, if both lack nationality or if legislation from neither parent’s country of nationality attributes a nationality to the child, as well as to those born in the country whose parentage is not determined.

The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: All national observers and those from the Office for Democratic Institutions and Human Rights of the Organization for Security and Cooperation in Europe considered the national elections in April and November 2019 to have been free and fair.

Participation of Women and Members of Minority Groups: No laws limit the participation of women or members of minority groups in the political process, and they did participate.

In a March 8 report, the UN special rapporteur for minority issues expressed concern that the October 2019 sentencing of 12 Catalan politicians and civil society activists interfered with the freedom of expression and nonviolent political dissent of the Catalan minority and could serve as a signal to prevent the political dissent of other minority groups. The Spanish Ombudsman rejected the categorization of the Catalan-speaking population as a minority.

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. Prosecutions and convictions for corruption were rare compared to the complaints filed, mainly because of the extensive system of legal appeals.

Corruption: Corruption was a problem in the country. Corruption cases crossed party, regional, and municipal lines, and while the backlog of cases was significant, analysts noted courts continued to process them regardless of political pressure.

On August 11, a Madrid judge formally charged key members of the Podemos party with alleged misappropriation of public funds and embezzlement related to the financing of its headquarters renovations and consulting contracts during the 2019 electoral campaigns. The investigation stemmed from testimony by Podemos’ former lawyers, Jose Manuel Calvente and Monica Carmena, who claimed financial irregularities, including the allocation of the renovation of the party’s headquarters and the payment of surcharges to members of the party. The lawyers also claimed that Podemos was linked to Neurona Consulting, a purported front company used to divert money through contracts made during the April 2019 general election campaign and allegedly to pay commissions to Podemos’ founder, Juan Carlos Monedero.

Financial Disclosure: Public officials are subject to financial disclosure laws and are required to publish their income and assets on publicly available websites each year. There are administrative sanctions for noncompliance.

A wide variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were often cooperative and responsive to their views.

Government Human Rights Bodies: The national ombudsman serves to protect and defend basic rights and public freedom on behalf of citizens. The Office of the Ombudsman was generally effective, independent, and had the public’s trust. The ombudsman’s position has been vacant since July 2017 and is filled on an acting basis by the first deputy assessor. The ombudsman is appointed by parliament but serves in an independent oversight capacity.

Women

Rape and Domestic Violence: The law prohibits rape, including spousal rape; it does not distinguish between rapes of women and men. The government generally enforced the law effectively, although there were reports that judicial authorities dismissed cases if victims were not physically present in the country. The penalty for rape is six to 12 years in prison. Additional charges, including if the victim was a minor or if the assailant ridiculed the victim, may add to the length of the overall prison sentence. The law also prohibits violence against women and sets prison sentences of six months to a year for domestic violence, threats of violence, or violations of restraining orders, with longer sentences if serious injuries result.

The law establishes “the mere act of aggression by a man against a woman who is his partner or former partner already constitutes an act of gender-based violence”; there is no requirement to establish “the intent to dominate.” Amnesty International reported this change resulted in a two-tier system for sexual assault victims, with increased protections for those assaulted by a partner.

On July 31, the Ministry of the Interior reported a 5 percent decrease in the number of reported rapes during the first six months of the year. According to a joint report by the Observatory against Gender-Based and Domestic Violence and the General Council of the Judiciary, there were 51,790 verdicts in gender-based violence cases in 2019 with a 70 percent conviction rate. According to the Ministry of Equality’s Survey of Violence against Women 2019 published on September 11, more than 57 percent of the nearly 10,000 women surveyed reported being the victim of violence related to their gender, with nearly 20 percent reporting experiencing such violence within the last year.

Amnesty International cited continuing concerns with investigations of sexual assault and lenient sentencing for offenders. Lack of training on sexual assault cases for police, forensic investigators, and judges was a problem. There were reports that police officers were sometimes dismissive of rape allegations involving acquaintances and did not actively pursue such cases. Differing protocols for handling sexual assault cases around the country led to inconsistent access to justice for sexual assault victims. In Madrid a victim is required first to file a formal complaint and then visit a designated hospital in order for the hospital to activate protocols to collect criminal evidence. In Catalonia a victim may go to any hospital, and the hospital will activate the protocols. In Andalusia the situation varied based on city. Amnesty International also reported a lack of clear sentencing guidelines and varying sentences for sexual crimes based almost entirely at the discretion of the judge.

In several cases police leaked allegations of sexual assault to the press, which often excoriated women who alleged sexual assault, publishing without their permission their names, photos, and intimate details of their claims and lives. The press often questioned the validity of their claims and veracity of their statements.

On March 18, the Superior Court of Castile and Leon overturned the rape conviction of Raul Calvo and reduced the convictions of Carlos Cuadrado and Victor Rodriguez from rape to sexual abuse for their role in the 2017 sexual assault of a 15-year-old girl in what was known as the “Arandina case.” In December 2019 the three former Arandina Football Club soccer players had been sentenced to a combined 38 years in prison. The March court decision set Calvo free and reduced the sentences of Cuadrado and Rodriguez to four and three years, respectively. Amnesty International, the Clara Campoamor Association, and other victims’ rights groups condemned the reversal.

According to the government’s delegate for gender-based and domestic violence, as of December 9, partners or former partners were responsible for the deaths of 42 women. According to the General Council of the Judiciary, 31,375 cases of gender-based violence were open for prosecution in 2019. The Observatory against Domestic and Gender Violence reported 168,057 complaints of gender-based violence in 2019. There were 36,185 allegations of gender-based violence in the first quarter of the year. Independent media and government agencies generally paid close attention to gender-based violence.

A 24-hour toll-free national hotline advised battered women on finding shelter and other local assistance. Police also alerted female victims of gender-based violence of any changes in prison sentences of their attackers. According to the delegate of the government for gender-based violence, between March 14 and May 15, during the nationwide lockdown under the state of alarm, there was an almost 62 percent increase in calls to the domestic violence hotline compared with the same period in 2019.

The Ministry of Equality published a guide for women suffering from domestic violence during the lockdown that included information on whom to call for emergency, legal, and psychological aid, as well as what to do if someone was threatened or in danger.

In November the Supreme Court ruled that women have the right, provided they meet other requirements, to petition for a widow’s pension even if, due to domestic violence, they were not living with their partner at the time of his death. The ruling allows unmarried women the same rights as married women in petitioning for the pension.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C and authorizes courts to prosecute residents of the country who committed this crime in the country or anywhere in the world. Doctors must ask parents residing in the country who originate from countries that practice FGM/C to sign a declaration promising their daughter(s) will not undergo FGM/C when they visit countries where the practice is common. Once a family returns to the country, a doctor must examine the girl(s) again and may start legal action against the parents if examination finds that the minors underwent FGM/C during their trip.

The State Plan against Gender Violence includes FGM/C as a form of gender-based violence.

Sexual Harassment: The law prohibits sexual harassment in the workplace, but few cases came to trial. The punishment in minor cases may be between three and five months in jail or fines of six to eight months’ salary. Harassment continued to be a problem, according to media reporting. The Ministry of Equality’s Survey of Violence against Women noted more than 40 percent of women reported having been sexually harassed over their lifetime, with more than 17 percent reporting harassment from a work colleague. More than 15 percent of the women surveyed reported being the victim of stalking.

In March the Republican Left of Catalonia party announced the removal of Carles Garcias Hernandez from his position as chief of staff to the regional government’s foreign affairs counselor after multiple female colleagues accused him of sexual harassment and sexist behavior. In July, King Juan Carlos University suspended one of its professors for 13 months without pay after several female students accused him of sexual harassment and showed the university sexually explicit messages he had sent them. In addition to the suspension, the university announced it would publish a new antiharassment policy.

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

Coercion in Population Control: On December 18, an amendment to the Organic Law entered into force to prohibit forced or nonconsensual sterilization of persons with disabilities. There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: Under the law women enjoy the same rights as men. The government generally enforced the law effectively.

Children

Birth Registration: Citizenship is derived from one’s parents. All children born in the country, except children of diplomats and children whose parents’ country of origin gives them nationality, are registered as citizens. When a child does not acquire the parents’ nationality, the government may grant it.

Child Abuse: The law provides protections against various forms of child abuse. Those accused of sexual abuses involving minors receive larger penalties. For example, in cases of sexual abuse, instead of one to four years of imprisonment, the penalty increases to four to 10 years when the victim is a child. Cases of sexual aggression, which normally receive six to 12 years in jail, are punished with 12 to 15 years in cases involving minors.

According to the government’s delegate for gender-based and domestic violence, as of December 9, either a parent or a parent’s partner were responsible for the deaths three children.

In July the Catalan regional government opened a center in Tarragona to assist minors who are victims of sexual abuse. The center, the first of its kind in the country, provided integrated and child-centered services for children and adolescents exposed to violence and sexual abuse.

Child, Early, and Forced Marriage: The minimum age of marriage is 16 years for minors living on their own. Underage marriage is not uncommon in the Romani community. In April a regional court in Murcia sentenced a Romani man to 10 years’ imprisonment and five years of supervised probation for continuous sexual abuse related to the 2015 marriage between the then 26-year-old man and a then 15-year-old girl.

Sexual Exploitation of Children: The law criminalizes the “abuse and sexual attack of minors” younger than age 13 and sets the penalty at imprisonment from two to 15 years, depending on the nature of the crime. Individuals who contact children younger than age 13 through the internet for the purpose of sexual exploitation face imprisonment for one to three years. Authorities enforced the law.

The minimum age for consensual sex in the country is 16. The law defines sexual acts committed against persons younger than age 16 as nonconsensual sexual abuse and provides for sentences from two to 15 years in prison, depending on the circumstances.

The penalty for recruiting children or persons with disabilities into prostitution is imprisonment from one to five years. The penalty for subjecting children to prostitution is imprisonment from two to 10 years, depending on the age of the victim and the existence of violence or intimidation. The penalty for child sex trafficking is from five to eight years’ imprisonment.

The law prohibits using a minor “to prepare any type of pornographic material” as well as producing, selling, distributing, displaying, or facilitating the production, sale, dissemination, or exhibition of “any type” of child pornography by “any means.” The penalty is one to five years’ imprisonment; if the child is younger than age 13, the length of imprisonment is five to nine years. The law also penalizes knowingly possessing child pornography.

A registry for sex offenders provides a basis to bar them from activities in which they could be in the presence of minors.

The sex trafficking of teenage girls into prostitution remained a problem. See also 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 Jewish community numbered approximately 40,000 to 50,000 persons.

The law considers denial and justification of genocide to be a crime if it incites violence, with penalties that range from one to four years in prison.

The Observatory for Religious Freedom and Conscience reported that during 2019 there were three instances of religiously motivated aggression targeting Jews, all cases of attacks against Jewish property.

According to the Observatory of Anti-Semitism of the Federation of Jewish Communities of Spain, anti-Semitic incidents included hate speech on social media and anti-Semitic graffiti. In May a regional court in Ceuta sentenced a man convicted of inciting hatred against Israel and Jewish communities on social networks to a one-year imprisonment (suspended due to lack of prior convictions), a fine, and a three-year prohibition from working in educational or sports vocations. In mid-March the observatory noted an increase in anti-Semitic speech on social media, including blaming Jews for creating the COVID-19 pandemic.

There were multiple instances of anti-Semitic graffiti. On September 9, the Cartagena Association for Historic Memory denounced the defacement with swastikas, stars of David, and “Jews out” graffiti of a municipal monument dedicated to Spanish Republicans from Cartagena who fled to France after the Spanish Civil War and were subsequently deported to Nazi concentration camps. In January a building at Alfonso X the Wise University in Villanueva de la Canada was defaced with graffiti that read, “I command, kill Jews” and a swastika. A wall at a nearby park was defaced with swastikas and graffiti that read, “free Palestine” and “kill a Jew.”

In February during separate carnival celebrations, participants dressed as Nazis and Holocaust victims during town parades. In Badajoz a 160-member group paraded dressed in suits split down the middle of half Nazi soldier and half concentration camp prisoner, choreographed to march and dance together to pop music. Props included a tank, metal fences, and a banner that displayed a swastika and Star of David together and signaled the gateway to the Auschwitz camp. In Campo de Criptana, a 130-member group dressed as Jewish prisoners, Nazi officers, and women in red coats akin to costumes from the movie Schindler’s List and danced to disco music with props that included a gas-chamber float embellished with two crematorium chimneys. The Israeli embassy in Spain condemned the Campo de Criptana parade, stating it made a “mockery of the six million Jews killed by the Nazis.” The Campo de Criptana City Council also issued a statement condemning the parade. Both groups of participants stated their intention was to pay tribute to Holocaust victims.

Government institutions promoted religious pluralism, integration, and understanding of Jewish communities and history, but their efforts did not reach all of the country’s autonomous regions. Following a July 20 meeting with the Federation of Jewish Communities of Spain, First Vice President Carmen Calvo announced that the government would employ the International Holocaust Remembrance Alliance’s Working Definition of Anti-Semitism. This move reaffirmed the country’s 2016 vote to endorse the working definition under the previous government.

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 with fines discrimination against persons with physical, sensory, intellectual, and mental disabilities. The government generally enforced these provisions effectively. The law requires private companies with more than 50 employees to hire persons with disabilities for at least 2 percent of their jobs.

In July the interior minister published the Action Protocol for Law Enforcement Agencies on Hate Crimes to guarantee the equality of and prevent discrimination against vulnerable groups from abuse based on, inter alia, intellectual and physical disabilities. This follows the Interior Ministry’s January 2019 action plan to protect vulnerable groups.

According to the State Employment Public Service’s 2020 report, in 2019 more than 65 percent of persons with disabilities were unemployed, more than twice the percentage of the general population. Percentages increased with age and with the degree of visible disability.

The law mandates access to buildings for persons with disabilities. While the government generally enforced these provisions, levels of assistance and accessibility varied among regions.

In August the Spanish Confederation of Personal with Physical and Organic Disabilities (CERMI) reported significant challenges in providing assistance to persons with disabilities due to the COVID-19 pandemic. This included the failure to provide educational and personal support such as in-person consultations with teachers and lack of access to sign language interpreters, communication mediators, and physiotherapists. CERMI also reported the lack of curriculum adaptations for students with disabilities for remote learning. It noted that the lack of psychological and emotional support negatively affected both the physical and mental health of students with disabilities. The situation for women and girls was particularly difficult, according to CERMI, in part because of higher rates of poverty and increased social exclusion.

On September 21, the OHCHR Committee on the Rights of Persons with Disabilities determined that the country violated the right to inclusive education of a child with Down syndrome by sending the child to a special education center over the objections of his parents. The committee concluded the government failed to assess the child’s specific requirements and to take reasonable steps that could have allowed him to remain in mainstream education.

Members of National/Racial/Ethnic Minority Groups

In July the interior minister issued the Action Protocol for Law Enforcement Agencies on Hate Crimes, which seeks to guarantee the equality of and prevent the discrimination against vulnerable groups based on, inter alia, national origin and ethnicity. The protocol orders law enforcement officers to avoid the use of terms or expressions that may be perceived as offensive or pejorative. For example, law enforcement officers are instructed to avoid using racially based word to address individuals belonging or appearing to belong to minority groups. The protocol followed the Interior Ministry’s January 2019 action plan to protect vulnerable groups from abuse through increased training for security forces to identify hate crimes; digital tools to identify and counteract hate speech on social media; an increase in coordinating efforts with human rights NGOs; increasing attention for victims of hate crimes; and amplifying the legal response to these incidents.

The Ministry of the Interior reported 515 hate crimes linked to racism (20 percent of the total) in 2019, an increase of 20.8 percent from 2018. The regions of Catalonia, Melilla, Navarra, and the Basque Country had the highest numbers of hate crimes according to the ministry’s data.

During the state of alarm, some civil society organizations noted the Law on the Protection of Citizen Security was applied inconsistently and arbitrarily, with law enforcement officers disproportionately stopping and sanctioning persons belonging to racial and ethnic minority groups as well as immigrants. The report Racism and Xenophobia during the State of Alarm in Spain released in June by the NGO Rights International Spain noted a spike in racist speech and actions during the COVID-19 pandemic. The report registered 70 instances of alleged racism during confinement committed by National Police, Civil Guard, the Basque regional police, and the Barcelona (municipal) Urban Guard. The report alleged the Ministry of the Interior did not initiate “prompt, exhaustive, and effective investigations into all acts of brutality and excessive use of force by the Security Forces.” The report cited numerous media reports of verbal attacks against those of Chinese or Asian decent during the state of alarm, including blaming individuals for the COVID-19 epidemic. The Gitano Secretariat Foundation (FSG) reported the dissemination of numerous anti-Roma hate messages via social media and WhatsApp during the state of alarm, such as messages warning individuals not to go to markets where Romani families sold their wares.

The UN special rapporteur for minority issues in a March 9 report stated that, although authorities took positive steps to train police to reduce racial profiling, minority groups still reported incidents of harassment, profiling, intimidation, and occasional violence. Marginalized groups including immigrants, persons of African descent, and Roma told the rapporteur they mistrusted and feared police and the judiciary.

In the country’s first investigation for glorifying white supremacist terrorism, on September 11, Catalan regional police arrested two individuals in the towns of Lleida and Alicante (Valencia) for inciting hatred against various groups of foreigners, glorifying racist terrorism, and calling for attacks inspired by the massacre that took place in Christchurch, New Zealand.

In February the European Commission noted that immigrants from outside the EU and Roma continued to face integration challenges. Persons not born in the EU faced a nearly four times greater risk of severe material deprivation than natives and were considerably more exposed to precarious working conditions and to in-work poverty. In his February 7 report following his visit to the country, the UN special rapporteur on extreme poverty and human rights expressed concern that 72 percent of Romani, immigrant, and economically disadvantaged children studied in de facto segregated schools that had lower assessment scores and higher rates of grade repetition, failure, and dropping out. The UN special rapporteur for minority issues also expressed concern about school segregation affecting the Romani community, specifically public schools in Seville, which had a 90-percent Romani student population.

The Romani community is the largest minority group in the country, with an estimated 750,000 persons. Three representatives of Romani heritage were elected to the national congress in November 2019 elections, down from four elected in the April 2019 elections. The FSG reported significant integration challenges for the Romani community, including a high poverty rate (86 percent live below the poverty line, with 46 percent in extreme poverty), 52 percent unemployment rate (60 percent among Romani women), and 64 percent dropout rate for children in secondary education. The UN special rapporteur for minority issues stated the regulation of street trade, a central economic activity for Roma, was arbitrarily applied to Roma in different areas of the country and sometimes resulted in discriminatory treatment. According to a November 2019 FSG report, there were 334 cases of discrimination against Roma in 2018, 102 more than in 2017.

According to the FSG, 44 percent of Romani families, typically dependent on daily wages, struggled to afford food during the March to June state of alarm. The FSG reported significant educational challenges for Romani children, including de facto school segregation in many cities and curriculums that either excluded the Romani community or promoted stereotypes. Lack of access to internet connections at home prevented many Romani children from participating in remote learning due to the state of alarm.

The UN special rapporteur for minority issues expressed concern about the increase in Catalonia of hate speech against Catalans as a minority group in social and other media as a result of the protests following the October 2019 sentencing of 12 Catalan politicians and civil society activists. The special rapporteur also reported that politicians and others outside the region had begun to paint Catalans as traitors who had to be dealt with severely, at times using violent language. The national ombudsman rejected the categorization of the Catalan-speaking population as a minority.

The report For Rent? Racism and Xenophobia in the Housing Market published in October by the NGO Provivienda noted discrimination in the housing rental market against immigrants and racial and ethnic minorities in Madrid, Barcelona, Alicante, and Granada. According to the report, seven of 10 of the real estate agencies contacted permitted clients to discriminate explicitly, and the other three permitted subtler forms of discrimination.

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

The country’s antidiscrimination laws prohibit discrimination based on sexual orientation and gender identity, and the government enforced the law. The law penalizes those who provoke discrimination, hate, or violence based on sexual orientation with up to three years’ imprisonment. The law also prohibits denial or disqualification of employment based on sexual orientation and the formation of associations that promote discrimination, hate, or violence against others based on their sexual orientation. The law may consider hatred against lesbian, gay, bisexual, transgender, and intersex persons an aggravating circumstance in crimes.

The interior minister’s Action Protocol for Law Enforcement Agencies on Hate Crimes published in July sought to guarantee the equality of and prevent the discrimination against vulnerable groups based on, inter alia, sexual orientation and identity.

The number of homophobic attacks continued to rise in Catalonia. The Observatory against Homophobia of Catalonia reported 117 incidents as of September, a 20 percent increase from the same timeframe in 2019. According to the Barcelona Hate Crimes Prosecutor, law enforcement agencies in Barcelona also identified a 59 percent increase in the number of complaints received on discrimination on the basis of sexual orientation. The Observatory against Homophobia of Madrid reported 321 incidents in 2019.

Other Societal Violence or Discrimination

According to the Ministry of the Interior, 1,598 hate crimes were reported in 2019, an 8.2 percent increase from 2018. Of these, 320 cases involved physical injuries and 350 involved threats.

According to a report from the Observatory for Religious Freedom and Conscience, in 2019 there were 175 instances of religiously motivated violence, compared with 200 in 2018.

The interior minister’s Action Protocol for Law Enforcement Agencies on Hate Crimes published in July recalled the need to guarantee the equality and nondiscrimination of persons due to their special vulnerability, whether due to the lack of a family environment; abuse suffered; status as a refugee, asylum seeker or subsidiary protection; or any other relevant characteristic or circumstance.

On October 21, the national police joined the NGO Legalitas Foundation in a new campaign aimed at young persons under the slogan #SayNoToHate with the goal of raising awareness about preventing hate crimes.

a. Freedom of Association and the Right to Collective Bargaining

The constitution allows most workers, including foreign and migrant workers, to form and join independent trade unions of their choice without previous authorization or excessive requirements. Military personnel and national police forces do not have the right to join generalist unions. Judges, magistrates, and prosecutors may join only bar associations.

The constitution provides for the right of part-time and full-time public sector workers to adopt collective bargaining agreements with employers’ representatives. Public-sector collective bargaining includes salaries and employment levels, but the government retains the right to set the levels if negotiations failed. The government has the unilateral power to annul, modify, or extend the content and scope of collective agreements in the public sector, and all collective bargaining agreements must be registered with the government.

The constitution and law provide for the right to strike, and workers exercised this right by conducting legal strikes. The law prohibits strikers from disrupting or seeking to disrupt harmonious relationships among citizens, disturbing public order, causing damage to persons or property, blocking roads or public spaces, or preventing authorities or bodies from performing their duties freely. Any striking union must respect minimum service requirements negotiated with the respective employer. Law and regulations prohibit retaliation against strikers, antiunion discrimination, and discrimination based on union activity, and these laws were effectively enforced. According to the law, if an employer violates union rights, including the right to conduct legal strikes, or dismisses an employee for participation in a union, the employer could face imprisonment from six months to two years or a fine if the employer does not reinstate the employee.

Workers freely organized and joined unions of their choice. The government effectively enforced applicable laws and generally did not interfere in union functioning. Penalties were commensurate with those for other laws involving denials of civil rights, such as discrimination. Collective bargaining agreements covered approximately 80 percent of the workforce in the public and private sectors. On occasion employers used the minimum service requirements to undermine planned strikes and ensure services in critical areas such as transportation or health services.

Although the law prohibits antiunion discrimination by employers against workers and union organizers, unions contended that employers practiced discrimination in many cases by refusing to renew the temporary contracts of workers engaging in union organizing. There were also antiunion dismissals and interference in the activities of trade unions and collective bargaining in the public sector.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor including by children.

The government maintained strong prevention efforts, although the efforts focused more on sex trafficking and forced prostitution than forced labor. The government had an insufficient number of inspectors and did not enforce the law effectively. The government did not implement new forced labor awareness campaigns. Penalties for applicable laws were commensurate with those for other analogous crimes, such as kidnapping.

There were cases of employers subjecting migrant men and women to forced labor in domestic service, agriculture, construction, and the service industry. Unaccompanied children were particularly vulnerable to labor exploitation and labor trafficking through forced begging.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor, as defined by international standards. The statutory minimum age for the employment of children is 16, although permission from parents or guardians is required up to 18 years of age unless the person is legally emancipated. The law also prohibits those younger than 18 from employment at night, overtime work, or employment in sectors considered hazardous, such as the agricultural, mining, and construction sectors. Laws and policies provide for protection of children from exploitation in the workplace, and these laws generally were enforced.

The Ministry of Labor and Social Economy (Ministry of Labor) has primary responsibility for enforcement of the minimum age law, and it enforced the law effectively in industries and the service sector.

The ministry did not always effectively enforce the law on small farms and in family-owned businesses, where child labor persisted. The government effectively enforced laws prohibiting child labor in the special economic zones. Penalties were not commensurate with those for other analogous serious crimes, such as kidnapping. In 2018, the most recent year for which data was available, the Ministry of Labor detected 31 violations of child labor laws that involved 45 minors between ages 16 and 18 and 17 violations involving 23 minors younger than age 16. The fines amounted to more than 324,000 euros ($389,000). In 2018 there were 27 violations related to the safety and health of working minors, involving 35 minors, with penalties of more than 500,000 euros ($600,000).

There were reports that criminals exploited children in child sex trafficking and forced prostitution as well as pornography. Police databases do not automatically register foreign children intercepted at the borders, making them vulnerable to exploitation and human trafficking, including labor trafficking through forced begging and child sex trafficking and forced prostitution (see section 6, Children).

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation, and the government effectively enforced the law, although discrimination in employment and occupation still occurred with respect to race and ethnicity, gender, and sexual orientation. The government requires companies with more than 50 workers to reserve 2 percent of their jobs for persons with disabilities, but it does not effectively enforce this law. Penalties were commensurate with laws related to civil rights, such as election interference.

The law mandates equal remuneration for work of equal value, but a pay gap exists between men and women. On September 24, the Spanish National Statistics Institute reported that women earned on average more than 11 percent less per hour than their male counterparts, compared with 14 percent less in 2014. The gap exists across variables such as age, education, years of service, occupation, type of contract, length of working day, activity, and company size.

In March 2019 the government approved an executive order on urgent measures to guarantee equal treatment and opportunities between women and men in employment and occupation. Congress validated the order in April 2019.

On October 13, the Council of Ministers approved a decree aimed at lessening the wage gap and increasing transparency of employee wages by requiring companies with more than 50 employees to publish salary data for all their workers, disaggregated by gender. On July 30, the Ministries of Labor and Equality signed with two major unions an agreement on effective equality between women and men at work. Under the agreement companies with more than 50 employees must create equality plans and maintain and audit payroll records for over- or undervaluation of positions based on gender.

On International Women’s Day on March 8, hundreds of thousands of women and men demonstrated in most cities to call attention to gender-based violence, wage gaps, and sexual harassment.

e. Acceptable Conditions of Work

The law provides for a national minimum wage, which barely met the poverty level in 2019. In June the government approved an increase to the minimum living wage, which will guarantee an income of between 461 euros ($553) and 1,015 euros ($1,218) for approximately 850,000 households. The measure aimed to reduce extreme poverty in the country by 80 percent.

The government effectively enforced minimum wage, hours of work, and occupational safety and health (OSH) standards in the formal economy but not in the informal economy. Penalties were commensurate with those for similar crimes, such as fraud.

The law provides for a 40-hour workweek, with an unbroken rest period of 36 hours after each 40 hours worked. The law restricts overtime to 80 hours per year unless a collective bargaining agreement establishes a different level. Pay is required for overtime and must be equal to or greater than regular pay.

The National Institute of Safety and Health in the Ministry of Labor has technical responsibility for developing OSH standards. The law protects workers who remove themselves from situations that could endanger their health or safety without jeopardy to their employment.

The Inspectorate of Labor has responsibility for enforcing OSH laws through inspections and legal action if inspectors find infractions. The number of inspectors was insufficient to enforce the law in all instances, although the number of inspectors and infractions identified increased since 2014. The penalties were not sufficient to deter violations, with 45,605 violations identified in 2018, the latest year for which data was available. Unions criticized the government for devoting insufficient resources to inspection and enforcement. The most common workplace violations included OSH in the construction sector and infractions of wages and social security benefits on workers in the informal economy. The Ministry of Labor issued specific COVID-19 guidelines addressed to self-employed persons and companies that included measures to protect the health of workers.

In 2019 the Ministry of Labor recorded 650,602 workplace accidents, of which authorities considered 4,518 as serious but nonfatal. There were 716 fatal accidents, 13 fewer than in 2018.

Through July the Ministry of Labor recorded 263,434 workplace accidents, of which 418 were fatal accidents, 47 more than the same period in 2019.

During the government-decreed state of alarm, many domestic workers reportedly were dismissed from their employment in Madrid because they were unable to obtain the required employer-provided paperwork to travel between city districts due to their irregular status. Prior to the pandemic, the UN special rapporteur on extreme poverty and human rights in February described extremely poor living conditions for seasonal migrant workers in Huelva, including the lack of clean water and electricity, as well as inadequate sanitary conditions. Rights groups had long criticized migrant worker conditions in Huelva, noting exploitative labor conditions, physical abuse, sexual assaults, and racism.

After the Moroccan government closed its borders in March due to the COVID-19 pandemic, an estimated 7,100 Moroccan seasonal strawberry pickers, mostly women, were trapped in Huelva in unsanitary and overcrowded conditions, unable to repatriate following the termination of their contracts in mid-June. On July 15, the Spanish and Moroccan governments announced an agreement to repatriate the workers.

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

There were no reports that the government or its agents committed arbitrary or unlawful killings. The Special investigations Department investigates, following a directive by the Special Prosecution Office, complaints filed against police officials. The department is an independent organization of the Swedish Police Authority.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices, and there were no reports that government officials employed them.

Impunity was not a significant problem in the security forces.

Prison and Detention Center Conditions

There were no significant reports regarding prison or detention center conditions that raised human rights concerns.

Physical Conditions: There were no major concerns in prisons and detention centers regarding physical conditions or inmate abuse.

Administration: Authorities conducted proper investigations of credible allegations of mistreatment.

Independent Monitoring: The government permitted monitoring by independent, nongovernmental observers, including the Council of Europe’s Committee for the Prevention of Torture (CPT).

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed these requirements.

Arrest Procedures and Treatment of Detainees

The law requires warrants based on evidence and issued by duly authorized officials for arrests. Police must file charges within six hours against persons detained for disturbing public order or considered dangerous and within 12 hours against those detained on other grounds. Police may hold a person six hours for questioning or as long as 12 hours if deemed necessary for the investigation, without a court order. After questioning, authorities must either arrest or release an individual, based on the level of suspicion. If a suspect is arrested, the prosecutor has 24 hours (or three days in exceptional circumstances) to request continued detention. Authorities must arraign an arrested suspect within 48 hours and begin initial prosecution within two weeks unless there are extenuating circumstances. Authorities generally respected these requirements.

Although there is no system of bail, courts routinely released defendants pending trial unless authorities considered them dangerous, had reason to believe they would tamper with witnesses or evidence, or believed the suspect might leave the country. The law affords detainees prompt access to lawyers. A 2015 CPT report noted that access to legal counsel at times was delayed. A suspect has a right to legal representation when the prosecutor requests his detention beyond 24 hours (or three days in exceptional circumstances). Detainees may retain a lawyer of their choice. In criminal cases the government is obligated to provide an attorney, regardless of the defendant’s financial situation.

Restrictive conditions for prisoners held in pretrial custody remained a problem, although the law includes the possibility of appealing a decision to impose specific restrictions to the court of appeals and ultimately to the Supreme Court. Restrictions can be imposed on detainee’s rights to be held with other detainees, interact with others, follow events in the outside world, be in the possession of newspapers and magazines, see visitors, communicate with others by electronic means, and send or receive mail. Such restrictions may only be applied if there is a risk that a suspect will tamper with evidence or otherwise impede the investigation of the matter at issue.

By law a detainee not under restriction has the right to be with others during daytime hours. According to the Swedish Prison and Probation Service, 68 percent of those who ended a pretrial custody some time during 2019 had been under some kind of restriction at the beginning of their custody. The Swedish Prison and Probation Service failed to provide 30 percent of persons held in pretrial custody in 2019 with at least two hours per day of meaningful social interaction, which is the UN minimum. The government reimburses defendants found not guilty for damages suffered during pretrial detention.

e. Denial of Fair Public Trial

The constitution and law provide for an independent judiciary, and the government generally respected judicial independence and impartiality.

Trial Procedures

The constitution provides for the right to a fair and public trial, and an independent judiciary generally enforced this right.

Defendants enjoy a presumption of innocence, have a right to be informed promptly and in detail of the charges against them, and have a right to a fair, timely, public trial. Cases of a sensitive nature, including those involving children, rape, and national security, may be closed to the public. Defendants may be present at their trial. Defendants have the right to consult an attorney of their choice. In criminal cases the government is obligated to provide a defense attorney. Prisoners always have the right to meet their lawyers in private. Defendants generally have adequate time and facilities to prepare their defense, with free language interpretation as required, from the moment the defendant is charged through all appeals. Defendants may confront or question prosecution or plaintiff witnesses, and present witnesses and evidence on their own behalf. They may not be compelled to testify or confess guilt. If convicted, defendants have the right to appeal.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

Individuals and organizations may seek civil remedies for human rights violations in the general court system. Citizens may appeal cases involving alleged violations of the European Convention on Human Rights by the government to the European Court of Human Rights.

Property Restitution

The government did not confiscate property belonging to Jews, Roma, or other groups targeted by Nazi Germany during the Holocaust era, and Jewish and human rights nongovernmental organizations (NGOs) reported no disputes related to restitution.

The Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 29, 2020, can be found on the Department’s website: https://www.state.gov/reports/just-act-report-to-congress/.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution and law prohibit such actions, and there were no reports that the government failed to respect these prohibitions.

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Freedom of Speech: The law criminalizes expression considered to be hate speech and prohibits threats or statements of contempt for a group or member of a group based on race, color, national or ethnic origin, religious belief, or sexual orientation. Penalties for hate speech range from fines to a maximum of four years in prison. In addition the country’s courts have held that it is illegal to wear xenophobic symbols or racist paraphernalia or to display signs and banners with inflammatory symbols at rallies.

Freedom of Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction. The law criminalizing hate speech applies as well to print and broadcast media, the publication of books, and online newspapers and journals.

Nongovernmental Impact: Journalists were subjected to harassment and intimidation. Swedish Television (SVT) reported it handled an average of 35 security threats daily. Threats ranged from social media attacks on journalists and information technology breaches to physical threats against employees. The CEO stated in August that security costs had quadrupled since 2015 and that she had to have a bodyguard.

On February 26, Tumso Abdurakhmanov, a blogger critical of authorities in Chechnya, Russia, survived a violent assault in his home in Gavle. Two Russian nationals were arrested in connection with the attack.

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

c. Freedom of Religion

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

d. Freedom of Movement

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

e. Status and Treatment of Internally Displaced Persons

Not applicable.

f. Protection of Refugees

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. Applicants may appeal unfavorable asylum decisions.

Safe Country of Origin/Transit: In accordance with EU regulations, the government denied asylum to persons who had previously registered in another EU or Schengen member state or in countries with which the government maintained reciprocal return agreements.

Access to Basic Services: Asylum seekers who have been denied residence are not entitled to asylum housing or a daily allowance, although some municipalities continued to support rejected asylum seekers through the social welfare system at the local level.

Durable Solutions: The government assisted in the voluntary return of rejected asylum seekers to their homes and authorized financial support for their repatriation in the amount of 30,000 kronor ($3,425) per adult and 15,000 kronor ($1,712) per child, with a maximum of 75,000 kronor ($8,562) per family. The country also participated in the European Reintegration Network that offered support for the reintegration of returning rejected asylum seekers.

Temporary Protection: The government also provided various forms of temporary protection to individuals who may not qualify as refugees and provided subsidiary protection to 2,307 persons in 2019.

g. Stateless Persons

According to UNHCR there were 30,305 stateless persons in the country at the end of December 2019. The large number of stateless persons was due to the influx of migrants and refugees and the birth of children to stateless parents who remained stateless until either one parent acquired citizenship or a special application for citizenship (available for stateless children under the age of five) was made. Most stateless persons came from the Middle East (Gaza and the West Bank, Lebanon, Syria, and Iraq) and Somalia.

Stateless persons who are granted permanent residence can obtain citizenship through the same naturalization process as other permanent residents. Gaining citizenship generally took four to eight years, depending on the individual’s grounds for residency, ability to establish identity, and lack of a criminal record.

The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: Observers considered the general elections held in 2018 to be free and fair.

Participation of Women and Members of Minority Groups: No laws limit participation of women or members of minority groups in the political process, and they did participate.

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. There were isolated reports of government corruption.

Financial Disclosure: The law requires public officials and political parties to disclose their income and assets. The declarations are available to the public, and there are criminal and administrative sanctions for noncompliance.

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials often were cooperative and responsive to their views.

Government Human Rights Bodies: The country had nine national ombudsmen: four justice ombudsmen; the chancellor of justice; the children’s ombudsman; the consumer ombudsman; the child and school student ombudsman; and the equality ombudsman with responsibility for ethnicity, gender, transsexual identity, religion, age, sexual orientation, and disabilities. There were normally ombudsmen at the municipal level as well. The ombudsmen enjoyed the government’s cooperation and operated without government or party interference. They had adequate resources, and observers considered them generally effective.

Women

Rape and Domestic Violence: Rape of both women and men, including spousal rape and domestic violence, is illegal, and the government enforced the law effectively. Penalties range from two to 10 years in prison.

The National Council for Crime Prevention (NCCP) reported 8,580 cases of rape in 2019, an increase of approximately 8 percent compared with the previous year. Women and girls were victims in 92 percent of the cases. In 2019, 1,510 cases were taken to court (10 percent more than in 2018). The number of rape convictions increased by 75 percent between 2017 (190 convictions) and 2019 (333), since a new law based the criminal liability on the absence of consent. Domestic violence remained a problem, and 10,500 cases between adults were reported during 2019. Of these cases, 8,820 were violence against women.

The law provides for the protection of survivors from contact with their abusers. When necessary, authorities helped survivors to protect their identities or to obtain new identities and homes. Both national and local governments helped fund volunteer groups that provided shelter and other assistance for abused women.

Other Harmful Traditional Practices: Honor-related violence often involved immigrants from the Middle East or South Asia. The national support line for those who need advice in situations concerning honor-related violence reported a significant increase of calls from 223 in 2018 to 427 calls in 2019. The calls mostly concerned child or forced marriage, abduction or being held abroad, or female genital mutilation or cutting (FGM/C).

Sexual Harassment: The law prohibits sexual harassment and provides for criminal penalties from a fine to up to two years in prison. The government generally enforced this law.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children; to manage their reproductive health; and to have access to the information and means to do so, free from discrimination, coercion, or violence. 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: Women have the same legal status and rights as men, including under family, religious, personal status, labor, property, nationality, and inheritance law. Women were underrepresented in high-ranking positions in both the public and the private sectors. The government enforced the laws effectively.

Children

Birth Registration: Citizenship is derived from one’s parents. The tax authority immediately registered in the national population register all children born in the country, regardless of their parents’ citizenship, or immigration or residency status in the country.

Child Abuse: The law prohibits parents or other caretakers from abusing children mentally or physically. Penalties range from a fine up to 10 years in prison. Cases of child abuse were reported. Authorities may remove abused children from their homes and place them in foster care. Rape of a child carries a penalty of two to 10 years in prison.

Child, Early, and Forced Marriage: The minimum age of marriage is 18, and it is illegal for anyone under 18 to marry. The government will legally recognize as valid the marriage of anyone who comes to the country after the age of 18, even if they were married abroad before the age of 18. The government does not recognize a foreign child marriage if either of the parties was a Swedish citizen or resident in Sweden at the time of marriage. According to changes in the law during the year, compelling or allowing a child to marry is punishable by up to two years in prison. Municipalities’ social welfare services can petition administrative courts to issue travel restrictions to protect at-risk children from being taken out of the country for marriage. Such children are not to be issued passports, and issued passports are to be rescinded. The law makes it a crime to take a child under travel restrictions out of the country, with a punishment of up to two years in prison.

Sexual Exploitation of Children: The law criminalizes “contact with children under 15 for sexual purposes,” including internet contact intended to lead to sexual assault. Penalties range from fines to one year in prison. The law prohibits the sale of children; penalties range from two to 10 years in prison. It also bans child pornography with penalties ranging from fines to six years in prison. Authorities enforced the law. The minimum age for consensual sex is 15.

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

Anti-Semitism

Leaders of the Jewish community estimated there were 20,000 Jews in the country and approximately 6,000 registered members of Jewish congregations. The NCCP registered 280 anti-Semitic crimes in 2018, compared with 182 in 2016. Anti-Semitic crimes accounted for 4 percent of all hate crimes. Anti-Semitic crimes included threats, verbal abuse, vandalism, graffiti, harassment in schools, and Holocaust denial. Anti-Semitic incidents were often associated with neo-Nazi movements, events in the Middle East, and the actions of the Israeli government. Swedish Jews were often blamed for Israeli policies.

The most common forms of anti-Semitism were hate speech (45 percent of complaints), unlawful threats or harassment (34 percent), vandalism or graffiti (8 percent), and defamation (8 percent). Of the 182 investigations opened in 2016, 52 percent were dismissed; 37 percent were directly dismissed without a formal investigation due to lack of evidence. Formal charges were brought in 9 percent of the cases.

Media reported that on Yom Kippur, the most holy day of the Jewish calendar, approximately 10 members of the neo-Nazi Nordic Resistance Movement (NRM) demonstrated outside the synagogue in Norrkoping. The NRM also distributed flyers with anti-Semitic messages and hung posters with anti-Semitic messages in 10 cities. The Official Council of Swedish Jewish Communities expressed disgust over the actions and called for the government to ban the organization. On October 1, the Swedish Committee against Anti-Semitism requested increased action and awareness from police and judicial agencies regarding anti-Semitic crimes in an opinion piece in the major newspaper, Dagens Nyheter.

In 2019 the government-appointed an all-party committee to consider the introduction of specific criminal liability for participation in a racist organization and a ban on racist organizations, such as the NRM.

In February unknown persons left a bag with a Star of David on it containing soap and anti-Semitic literature outside an exhibition about the Holocaust in Norrkoping.

Police, politicians, media, and Jewish groups have stated that anti-Semitism has been especially prevalent in Malmo. The Simon Wiesenthal Center left in place its travel advisory, first issued in 2010, regarding travel in southern Sweden, because Jews in Malmo could be “subject to anti-Semitic taunts and harassment.” A small group of young men participated in anti-Semitic chants during August riots that were sparked after a right-wing group burned a Quran.

In January the prime minister endorsed the International Holocaust Remembrance Alliance Working Definition of Anti-Semitism, including its examples. In the same month, the prime minister visited Jerusalem and the Auschwitz-Birkenau concentration camp in Poland.

In January the equality ombudsman concluded the first of three inquiries into a Jewish doctor’s allegations of anti-Semitism at New Karolinska Hospital and found that the hospital did not comply with its duty under the law to investigate alleged harassment. In November the equality ombudsman concluded the second inquiry and found that the doctor’s union, the Swedish Medical Association, also violated the law. The union had advised the doctor to file a criminal case, since it assessed a union complaint would be unsuccessful and risked harming the relationship between the union and the employer. The equality ombudsman found that the union would not have advised a member in this way if the grounds for the complaint had been disability or sex, and therefore it had discriminated against the doctor on the basis of ethnicity. The third inquiry continued at year’s end.

For 2019 and 2020, the government allocated 22 million kronor ($2.5 million) for grants to increase security for threatened places of worship and other parts of civil society. All religious communities and civil society actors who believe they have been threatened may apply for the grant. In 2019 a total of 9.2 million kronor ($1.1 million) was allocated for security measures in 10 different faith communities. Of the amount, 57 percent was granted to the Official Council of Swedish Jewish Communities.

On February 27, the government allocated an additional 10 million kronor ($1.1 million) to increase knowledge-based activities about the Holocaust and anti-Semitism as a part of a special initiative connected to the high-level forum on Remembrance of the Holocaust and addressing contemporary anti-Semitism.

The Living History Forum is a public authority commissioned to address societal problems related to religious and ethnic tolerance, democracy, and human rights using the Holocaust and other crimes against humanity as its starting point. The Forum sensitized the public, and particularly the young, to the need to respect the equal value of all persons, with a specific focus on teaching about the Holocaust as a means of fighting Holocaust denial and anti-Semitism.

The Media Council, a government agency whose primary task is to train minors to be conscious media users and to protect them from harmful media influences, initiated a No Hate Speech Movement campaign and worked to stop anti-Semitic conspiracy theories. The government allocated five million kronor ($571,000) annually from 2018 to 2020 to strengthen opportunities for study visits to Holocaust memorial sites and allow more students and teachers to visit them.

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 disabilities. The government effectively enforced these provisions and held accountable those responsible for violations.

Government regulations require new buildings and public facilities to be fully accessible. Observers reported cases of insufficient access to privately owned buildings used by the public, such as apartments, restaurants, and bars. Some means of public transportation remained inaccessible.

Members of National/Racial/Ethnic Minority Groups

Societal discrimination and violence against immigrants and Roma continued to be problems.

Police registered reports of xenophobic crimes, some of which were linked to neo-Nazi or white supremacy ideology. Police investigated and the district attorney’s office prosecuted race-related crimes. The Security Service has concluded that right-wing extremism was on the rise in Sweden: Right-wing propaganda spread more widely, and more individuals were attracted to the movement. Neo-Nazi groups operated legally (see section 2.a.). The NRM was the largest white supremacy group with approximately 160 active members. The NRM registered as a political party and participated in the parliamentary and local elections in 2018 but did not win any seats. Rallies organized by the NRM attracted 500-600 participants.

The National Coordinator for Vulnerable EU Citizens estimated in 2019 that 4,500-5,000 vulnerable EU citizens, the vast majority of whom were Roma from Romania and Bulgaria, resided in the country in abject poverty at any given time. As EU citizens, they are allowed to stay in the country without permission for up to three months, but authorities did not enforce this limit. Police stated that most Roma were in the country voluntarily but that there were cases of trafficking and forced begging. When the coordinator’s work finished, NGOs criticized the final report as insufficiently thorough.

Several districts in the country where a majority of the population was of immigrant origin or parentage suffered social segregation from the rest of the country. The result was lower levels of education, higher levels of unemployment, and separation from the country’s mainstream culture mainly due to poor Swedish-language skills.

The country’s official minority languages are all varieties of Finnish, Yiddish, Meankieli, Romani Chib, and Sami. In 2019 government supported with grants a language workshop (Yiddish), a festival and summer camp (Meankieli), children’s reading with support of retired citizens as volunteers (Finnish), interviewing and writing about the Romani experience (Romani Chib), and a writing competition (Sami).

Indigenous People

The approximately 20,000 Sami in the country are full citizens with the right to vote in elections and participate in the government, including as members of the country’s parliament. They are not, however, represented as a group in parliament. A 31-member elected administrative authority called the Sami parliament (Sametinget) also represented Sami. The Sami parliament acts as an advisory body to the government and has limited decision-making powers in matters related to preserving the Sami culture, language, and schooling. The national parliament and government regulations govern the Sami parliament’s operations.

Longstanding tensions between the Sami and the government over land and natural resources persisted, as did tensions between the Sami and private landowners over reindeer grazing rights. Certain Sami have grazing and fishing rights, depending on their history.

Citing laws from the 14th and 15th century, the Supreme Court ruled that the Girjas Sami village, not the government, has the exclusive right to administer hunting and fishing in their area. The case, which lasted more than a decade, only applied to Girjas, but other Sami villages filed similar cases.

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

Antidiscrimination laws exist; apply to lesbian, gay, bisexual, transgender, and intersex individuals; and were enforced. In the assessment of a crime’s penalty, special consideration must be given if the crime was motivated by a person’s or group’s sexual orientation.

Other Societal Violence or Discrimination

In 2018 the NCCP identified 7,090 police reports with a hate-crime motive, a majority with xenophobic motives. Of the reports, 8 percent were anti-Muslim. Anti-Christian, and other antireligious hate crimes accounted for 4 percent each.

In August, Swedish followers of a Danish right-wing extremist in Malmo burned a Quran. Right-wing extremists also burned Qurans in September in predominantly Muslim suburbs of Stockholm and Malmo. The Danish far-right Hard Line (Stram Kurs) party claimed responsibility for the burnings, which were filmed and posted on the internet. The August burning of the Quran in Malmo provoked rioting, but the September Quran burnings did not.

The basic training for police officers includes training on identifying and investigating hate crimes. Emergency call responders are continuously trained in identifying hate crime motives in crime reports. Police cooperated with Victim Support Sweden, which helps and supports victims, witnesses, and others affected by crime.

Police in Stockholm, Gothenburg, and Malmo have democracy and anti-hate-crime groups. The National Center for Preventing Violent Extremism under the auspices of the NCCP serves as a clearinghouse for information, best practices, and support of municipalities, agencies, and other actors.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions, bargain collectively, and conduct legal strikes. The government effectively enforced the law and penalties were commensurate with those for similar crimes. The law prohibits antiunion discrimination and provides for protection of workers from being fired because of union activity. If a court finds a dismissal to be unlawful, the employee has the right to reinstatement.

Foreign companies may be exempt from collective bargaining, provided they meet minimum working conditions and levels of pay. Public-sector employees enjoy the right to strike, subject to limitations in the collective agreements protecting the public’s immediate health and security. The government mediation service may also intervene to postpone a strike for up to 14 days for mediation. The International Trade Union Confederation (ITUC) claimed the law restricts the rights of the country’s trade unions to take industrial action on behalf of foreign workers in foreign companies operating in the country. The law allows unions to conduct their activities largely without interference. The government effectively enforced applicable laws. The Labor Court settles any dispute that affects the relationship between employers and employees. An employer organization, an employee organization, or an employer who has entered into a collective agreement on an individual basis may lodge claims. The Labor Court may impose prison sentences commensurate with those for similar violations. Administrative and judicial procedures were not subject to lengthy delays and appeals.

Workers and employers exercised all legal collective bargaining rights, which the government protected. The government and employers respected freedom of association and the right to collective bargaining. ITUC reported no serious violations of worker rights in 2019 and 2020.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, including by children, and the government effectively enforced the law. Penalties of imprisonment were generally commensurate with those for similar crimes. Forced labor involving trafficked men and women occurred in agriculture (including involving companies providing foreign labor for berry picking), construction, hospitality, domestic work, forced begging, and theft, and there were reports of forced begging involving trafficked children (see section 7.c.). In some cases employers or contractors providing labor seized the passports of workers and withheld their pay. Resources and inspections were adequate.

According to the latest government statistics from the NCCP, 274 cases of suspected human trafficking were reported to police in 2019. Of those, 42 concerned adult forced labor, six adult forced begging, and 54 other forms. The figures included reports for a new category of crime, human exploitation, with 41 cases of human exploitation for adult forced labor and three for human exploitation of adults for the purpose of begging.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. It permits full-time employment from the age of 16 under the supervision of local authorities. Employees younger than age 18 may work only during daytime and under supervision. Children as young as 13 may work part time or perform light work with parental permission. The law limits the types of work children may or may not engage in. For instance, a child may not work with dangerous machinery or chemicals. A child may also not work alone or be responsible for handling cash transactions. The law considers illegal employment of a child in the labor market a civil rather than a criminal violation. According to the law, forcing a child to work may be treated as coercion, deprivation of liberty, or child abuse, and it carries a wide range of penalties, including fines and imprisonment. The government effectively implemented these laws and regulations. Criminal penalties were commensurate with those for other serious crimes, such as kidnapping.

According to the most recent government statistics from the Crime Prevention Council, 274 cases of suspected human trafficking were reported to police in 2019. For children, there were 12 cases of child sex trafficking, seven cases of child forced labor, 11 cases of child forced begging, one case of forced child war service, and 45 cases of other forms of child trafficking.

Boys were mainly subjected to forced begging and forced petty theft. Girls were mainly subjected to sexual exploitation, forced begging, and child marriage. Police and social services reportedly acted promptly when cases were reported.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in respect of employment and occupation. The government effectively enforced applicable law, and penalties were commensurate with similar crimes. The law requires equal pay for equal work. The government effectively enforced the law prohibiting gender discrimination by investigating and prosecuting complaints. The equality ombudsman investigated complaints of gender discrimination in the labor market. In 2019 the ombudsman received 833 complaints of discrimination in the labor market, of which 185 were related to gender and 136 to disabilities. Of the complaints of ethnic discrimination, 246 involved the labor market. Complaints may also be filed with the courts or with the employer. Labor unions generally mediated in cases filed with the employer.

e. Acceptable Conditions of Work

There is no national minimum wage law. Annual collective bargaining agreements set wages within industries, which were greater than the poverty income level. By regulation both foreign and domestic employers must offer conditions of employment on par with the country’s collective agreements. Nonunion establishments generally observed these contracts as well.

The labor law and collective bargaining agreements regulate overtime and rest periods. The law allows a maximum of 200 hours of overtime annually. Collective agreements determined compensation for overtime, which could take the form of money or time off. The law requires a minimum period of 36 consecutive hours of rest, preferably on weekends, over a seven-day period.

Occupational safety and health (OSH) standards were appropriate. The responsibility for identifying unsafe situations remains with OSH experts and not the worker. The Swedish Work Environment Authority, a government agency, effectively enforced these standards. In 2019 the authority conducted 27,715 inspections. The number of inspectors was sufficient to enforce the law. The Swedish Work Environment Authority reported 36 industrial accidents that caused death of workers in 2019, the third lowest number in the last 20 years. In 2019 the authority took part in a cross-agency task force that made 1,833 visits to check on work permits, taxes, and working environment regulations. In 2018 the number of inspectors increased to 274.

The Swedish Work Environment Authority issued occupational health and safety regulations and trained union stewards and safety ombudsmen whom government inspectors monitored. If an employee finds that the work involves immediate and serious danger to life or health, the employee must immediately notify the employer or safety ombudsman. Workers have the right to remove themselves from unsafe conditions without jeopardy to their employment. Safety ombudsmen have authority to stop unsafe activity immediately and to call in an inspector. The authority effectively enforced these rules. An employer may be fined for violating work environment regulations. Penalties were sufficient to deter violations.

Foreign seasonal workers, including berry pickers from Asia and Bulgaria, have faced poor living and working conditions. The guidelines of the Swedish Retail and Food Federation cover EU citizens who pick berries in the country but not workers from outside the EU. Under the guidelines, berry pickers are to be informed that they have the right to sell their berries to all buyers and that nobody has the right to control their work hours. A foreign company providing berry pickers to a local company must also demonstrate how it expects to pay workers in case of limited work or a bad harvest. The guidelines task food and retail organizations and brokers with ensuring their implementation. While the situation improved in previous years as the result of cooperation between unions and employers, during the COVID-19 pandemic, some problems returned. An exploitation complaint was filed on behalf of 100 Bulgarian berry pickers in Vidsel (578 miles north of Stockholm) in July. In September a group of berry pickers from an EU member state filed two complaints to police in Berg municipality (308 miles northeast of Stockholm) over exploitation for not being paid and trafficking.

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

The Independent Office for Police Conduct investigates whether security force killings were justifiable, and if appropriate, passes cases to the Crown Prosecution Service to pursue prosecution.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices, but there were a few reports that government officials employed them.

A female convict with a diagnosed borderline personality disorder alleged to the visiting delegation from the Council of Europe’s Committee on the Prevention of Torture (CPT) visiting Scotland in October 2019 that she was twice roughly handled during transfers between prisons resulting in bruises on her left upper thigh, on her left elbow, and a black eye in the first instance and injuring her elbow in the second. The CPT investigated uses of force at the Cornton Vale Prison in Scotland, where the woman was incarcerated. Authorities provided more than 200 incident reports covering the period from October 2018 to the day of the visit (i.e., one year). Half of all the incidents involved control and restraint measures and, notably, the use of wrist and thumb-locks. In approximately 25 percent of the incidents when force was used, the female prisoners involved had shown aggression and had first attacked prison staff. In approximately 75 cases, the female prisoners had failed to comply with orders to move cells or get into their cells. In 27 of these control and restraint cases, the refusal to comply with orders had happened after acts of self-harm or suicide attempts.

On February 20, the Subcommittee on Torture of the UN Human Rights Council reported on a visit to the country in September 2019. The report has not been published.

Impunity was not a problem in the security forces. The Independent Office for Police Conduct, Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services, and Her Majesty’s Inspectorate of Prisons carried out investigations into complaints of abuses by security forces. The United Kingdom’s (UK’s) College of Policing incorporates human rights-oriented guidance on policing into its Authorized Professional Practice, the official source of policing practice.

Prison and Detention Center Conditions

Prison and detention center conditions met international standards but had shortcomings. The government has documented and was investigating these problems.

Physical Conditions: The 2019-20 annual report by Her Majesty’s chief inspector of prisons found that 12 of 14 men’s prisons in the UK had “poor or less than suitable” levels of safety. It also found that only 40 percent of prisons followed the recommendations laid out by the Prisons and Probation Ombudsman following a death in custody, and that several men’s prisons, such as Hewell, and youth institutions, such as Feltham A, were missing documentation recording the use of force, making it difficult to evaluate whether force was used proportionally.

The Ministry of Justice recorded 64,552 incidents of self-harm in UK prisons from March 2019 to March 2020, up 11 percent from the previous 12 months. The chief inspector of prisons found that self-harm had risen in all immigration detention centers.

The CPT delegation that visited England found severe overcrowding (147 percent of capacity) at Doncaster Prison. The CPT also noted that the population of women prisoners was 85 percent higher than what facilities were designed to support, resulting in many women prisoners being held in primarily men’s facilities. According to the International Center for Prison Studies, as of August 28, the overall occupancy level in prisons in England and Wales was 104.6 percent. The CPT also recommended a “deep-cleaning and refurbishment” of the Liverpool and Wormwood Scrubs Prisons.

The House of Commons Justice Select Committee conducted an inquiry in July to evaluate the effectiveness of measures put in place in March to guard the prison population from COVID-19. The final report showed that some prisoners detained during the pandemic were kept in conditions akin to “internationally accepted definitions of solitary confinement.” Citing the wide variation in the interpretation of COVID-19 prevention measures in prisons across the UK, the committee recommended that the Ministry of Justice set a standard minimum time out of cell and provide additional mental health support to prison populations. During the strictest pandemic lockdown measures from March to July, 23 prisoners and nine prison staff members eventually died after testing positive for the virus.

The CPT’s report on its visit to Scotland expressed concern about the use of “long-term segregation” and recommended that “alternatives…should urgently be considered.”

The Urgent Notification Protocol allows the chief inspector of prisons to alert the lord chancellor and secretary of state for justice directly if he or she has an urgent and significant concern about the performance of a prison. There were no urgent notifications during the year.

According to the Ministry of Justice, from June 2019 to June 2020, there were 294 deaths in prison custody, a decrease of 5 percent from 309 deaths the previous 12 months. Of these, 76 deaths were self-inflicted, a 13 percent decrease from the 87 self-inflicted deaths in the previous 12 months. Serious prisoner-on-prisoner assaults decreased by 8 percent to 2,782 in the 12 months to March. During the same period, serious assaults on staff decreased by 5 percent to 953.

Offenders younger than age 20 were held in young offender institutions. Security training centers (STCs) are institutions for young persons up to the age of 17. There were three STCs in England and Wales. The Inspectorate of Prisons warned the House of Commons Justice Select Committee it was “unacceptable” that children in young offender institutions were being locked up in excess of 22 hours a day during the COVID-19 pandemic. The CPT report on England stated that between 2016 and 2019, assaults both on staff members and on other young persons at the Feltham A and Cookham Wood Young Offenders Institutions and the Rainsbrook Secure Training Centre had risen by 10 percent at Cookham Wood and by more than 100 percent at Feltham A and at Rainsbrook. It noted “widespread” use of force by guards in all three institutions.

Separate from prisons, there were seven immigration removal centers in England and Wales used solely for the detention of failed asylum seekers and migrants. In May a report by Her Majesty’s Chief Inspectorate of Prisons found that four of the eight immigration removal centers had “dramatically reduced their populations” since March because migrants can only be held if there is a reasonable expectation of removal. Given the widespread use of travel bans to stop the spread of COVID-19, this expectation did not exist, allowing detainees to be released until removal proceedings could be resumed. There was no update to this trend at year’s end.

The CPT delegation that visited Scotland in October 2019 considered the separation and reintegration unit of the Scottish Cornton Vale Prison was “a totally inappropriate environment for holding vulnerable women prisoners, especially mentally ill and young women, for long periods of time.” In Scotland the CPT found that two women in the segregation unit at Cornton Vale Prison (known as “the Dumyat”) were locked alone in their cells for 23.5 to 24 hours each day, allowed at most one hour of outside exercise alone and 15 minutes on the telephone every day. They were offered no purposeful activities to structure their days and no mixing with other prisoners.

There were 13 publicly managed and two privately managed prisons in Scotland.

In 2019 there were 37 deaths in custody in Scotland, of which 28 resulted from natural causes and nine resulted from suicide.

According to the annual Northern Ireland prisoner ombudsman report for 2018/19, the latest data available, investigations into eight deaths were carried out. Five of those deaths were suicides, and the other three were due to natural causes.

Administration: Authorities conducted investigations of credible allegations of mistreatment.

Independent Monitoring: In England and Wales, the government permitted monitoring by independent nongovernmental observers. Every prison, immigration removal center, and some short-term holding facilities at airports have an independent monitoring board. Each board’s members are independent, and their role is to monitor day-to-day activity in the facility and to ensure proper standards of care and decency. Members have unrestricted access to the facility at any time and can talk to any prisoner or detainee they wish, out of sight and hearing of staff, if necessary.

Scotland operates the Independent Prison Monitoring system. The 2018-19 annual report by the chief inspector of prisons for Scotland, the latest information available, found that “prisoners and staff reported they felt largely safe” and that there were “positive and respectful relationships between staff and prisoners.”

On April 30, the CPT published the report of its visit to England in May 2019. On October 8, it published the report of its visit to women’s prisons in Scotland in October 2019.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government routinely observed these requirements.

Police officers in England and Wales have powers to stop and search anyone if they have “reasonable grounds” to suspect the individual may be in possession of drugs, weapons, stolen property, or any item that could be used to commit a crime.

In Scotland guidelines allow police to stop and search persons only when police have “reasonable grounds,” a refinement after criticism that stop-and-search was being used to target specific racial groups. Data published in April revealed 32,107 stop and searches conducted between April and December 2019.

Arrest Procedures and Treatment of Detainees

Nationally there is a functioning bail system, but defendants may be denied bail if they are judged to be flight risks, likely to commit another offense, are suspected terrorists, or for other limited circumstances.

If questioned at a police station, all suspects in the UK have the right to legal representation, including counsel provided by the government if they are indigent. Police may not question suspects who request legal advice until a lawyer is present. In Gibraltar the Duty Legal Representative Scheme provides free legal representation to anyone in Gibraltar police custody earning less than 14,000 pounds ($18,480) per year, the minimum wage. All law firms in Gibraltar with five or more lawyers are required to register as part of the scheme.

In Scotland police may detain a suspect for no more than 24 hours. After an initial detention period of 12 hours, a police custody officer may authorize further detention for an additional 12 hours without authorization from the court, if the officer believes it necessary. Only a judge can issue a warrant for arrest if he or she believes there is enough evidence against a suspect. A suspect must be informed immediately of allegations against him or her and be advised promptly of the charges if there is sufficient evidence to proceed. Police may not detain a person more than once for the same offense. Authorities respected this right. Depending on the nature of the crime, a suspect should be released from custody if he or she is deemed not to present a risk. There is a functioning bail system.

In Bermuda a court must issue a warrant for an arrest to proceed. The law permits arrests without warrant only in certain conditions. When a police officer has reasonable grounds for suspecting that any offense that is not an arrestable offense has been or is being committed or attempted, they may arrest the relevant person if it appears that service of a summons is impracticable. No arrests or detentions may be made arbitrarily or secretly, and the detainee must be told the reason for his or her arrest immediately. Individuals may be detained initially for six hours, and for two further periods of up to nine hours each subject to review and justification. Authorities respected this right.

There is a functioning system of bail in Bermuda. House arrest and wearing an electronic monitoring device may be a condition of bail. A detainee has an immediate right of access to a lawyer, either through a personal meeting or by telephone. Free legal advice is provided for detainees. Police must inform the arrestee of his or her rights to communication with a friend, family member, or other person identified by the detainee. The police superintendent may authorize incommunicado detention for serious crimes such as terrorism.

Pretrial Detention: On September 26, temporary legislation came into effect extending the maximum length of pretrial detention from 182 to 238 days to address delays in jury trials due to COVID-19.

e. Denial of Fair Public Trial

The law provides for an independent judiciary, and the government respected judicial independence and impartiality.

Trial Procedures

The law provides for the right to a fair and public trial, and an independent judiciary routinely enforced this right. Defendants enjoy a presumption of innocence, and the right to be informed promptly and in detail of the charges. Criminal proceedings must be held without undue delay and be open to the public except for cases in juvenile court or those involving public decency or security. Under the Official Secrets Act, the judge may order the court closed, but sentencing must be public. Defendants have the right to be present at their trial.

Defendants have the right to communicate with an attorney of their choice or to have one provided at public expense if unable to pay. Defendants and their lawyers have adequate time and facilities to prepare a defense and free assistance of an interpreter if necessary, from the moment charged through all appeals. Defendants have the right to confront witnesses against them, to present their own witnesses and evidence, and not to be compelled to testify or to confess guilt. Defendants have the right to appeal adverse verdicts.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

Nationally, individuals, nongovernmental organizations (NGOs), and groups of individuals may seek civil remedies for human rights violations and have the right to appeal to the European Court of Human Rights decisions involving alleged violations by the government of the European Convention on Human Rights.

In Bermuda the Human Rights Tribunal adjudicates complaints.

Property Restitution

The UK complies with the goals of the 2009 Terezin Declaration and 2010 Guidelines and Best Practices. The government has laws and mechanisms in place, and NGOs and advocacy groups reported that the government made significant progress on resolution of Holocaust-era claims, including for foreign citizens.

The Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, which covers Holocaust-era restitution and related issues, was released publicly on July 29, 2020. The report is available on the Department’s website: https://www.state.gov/reports/just-act-report-to-congress/.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law prohibits such actions, and there were no reports that the government failed to respect these prohibitions.

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, and the government routinely respected these rights. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Freedom of Speech: The law prohibits expressions of hatred toward persons because of their color, race, nationality (including citizenship), ethnic or national origin, religion, or sexual orientation as well as any communication that is deemed threatening or abusive and is intended to harass, alarm, or distress a person. The penalties for such expressions include fines, imprisonment, or both.

Freedom of Press and Media, Including Online Media: The law’s restrictions on expressions of hatred apply to the print and broadcast media. In Bermuda the law prohibits publishing written words that are threatening, abusive, or insulting, but only on racial grounds; on other grounds, including sexual orientation, the law prohibits only discriminatory “notices, signs, symbols, emblems, or other representations.”

In September the Council of Europe issued a “Level 2 Media Freedom Alert” to the UK after Ministry of Defence press officers refused to engage with Declassified UK, an investigative media outlet. The secretary of state for defence issued an apology to lawyers for Declassified UK and said he would open an investigation into the incident.

Violence and Harassment: During Black Lives Matter protests in London in June, two Australian and one British journalist, were violently attacked. The National Union of Journalists called for the arrest of the perpetrators, which had not taken place at year’s end.

In July charges were brought against a suspect for the killing of freelance reporter Lyra McKee in April 2019 in Londonderry, Northern Ireland.

Libel/Slander Laws: On February 12, the governor of the British Virgin Islands signed into law a bill that criminalizes with imprisonment for up to 14 years and a fine “sending offensive messages through a computer.” The law applies to a message that is “grossly offensive or has menacing character” or that is sent “for the purpose of causing annoyance or inconvenience.” The provision carries penalties up to 14 years in prison and a fine. Media freedom NGOs strongly criticized the law.

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority. The country has no blanket laws covering internet blocking, but the courts have issued blocking injunctions against various categories of content such as depictions of child sexual abuse, promotion of violent extremism and terrorism, and materials infringing on copyrights.

By law the electronic surveillance powers of the country’s intelligence community and police allow them, among other things, to check internet communications records as part of an investigation without a warrant.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events. Under emergency COVID-19 legislation, participation in cultural events was severely restricted.

In March the UK’s cultural scene, including restaurants, museums, galleries, cinemas, and sporting events, was closed down because of the COVID-19 pandemic. Outdoor music events were allowed from July, but indoor musical events remained restricted at year’s end. The government provided a support package of 1.57 billion pounds ($2.07 billion) for arts groups and venues. From March through the end of the year, the government imposed restrictions on the number of persons from separate households who could gather socially indoors and outdoors, including with regard to protest.

b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government routinely respected these rights. Under emergency COVID-19 legislation, the government banned mass gatherings.

c. Freedom of Religion

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

d. Freedom of Movement

Except for areas affected by COVID-19 laws and guidelines, the law generally provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government routinely respected these rights.

In March, Prime Minister Boris Johnson introduced extraordinary measures, including curbs on the freedom of movement, to slow the spread of COVID-19 in England. These measures continued in force in some form at year’s end. From March 24 through May 13, the government instructed individuals they were only allowed out of their homes to purchase essential items.

COVID-19 legislation empowers police to enforce the evolving government guidelines. Police officers could issue fixed penalty notices (FPNs) to those they suspected of acting contrary to government guidelines on social interaction. FPNs allowed the accused to pay a fine rather than face prosecution for the offense.

On May 13, the prime minister announced changes that allowed those in England to leave their homes for outdoor recreation. The governments of Scotland, Wales, and Northern Ireland also began easing their lockdown restrictions in May. From May through year’s end, COVID-19 guidelines in all four nations of the UK were frequently relaxed or tightened to account for shifting trends in the spread of COVID-19 as well as public pressure to reopen schools and businesses. The prime minister announced that from July 4, lockdown laws in England would no longer provide legal restrictions associated with the government’s social distancing guidance. The other three nations made similar changes to their laws in July. Laws across the UK mandate some restrictive rules on social gatherings. As the spread of COVID-19 began to slow, the government took steps in July and August to loosen restrictions, allowing individuals to have small gatherings, return to the office and schools, and reopen retail businesses, restaurants, and pubs. The UK government passed laws in September that imposed additional restrictions called “local lockdowns” in areas where the virus was most prevalent. From November 5 until December 2, the prime minister imposed a lockdown across England to slow the spread of the virus.

In-country Movement: The home secretary may impose terrorism prevention and investigation measures (TPIMs) based on a “balance of probabilities.” TPIMs are a form of house arrest applied for up to two years to those thought to pose a terrorist threat but who cannot be prosecuted or deported. The 14 measures include electronic tagging, reporting regularly to the police, and facing “tightly defined exclusion from particular places and the prevention of travel overseas.” A suspect must live at home and stay there overnight, possibly for up to 10 hours daily. Authorities may send suspects to live up to 200 miles from their normal residence. The suspect may apply to the courts to stay elsewhere. The suspect may use a mobile phone and the internet to work and study, subject to conditions.

Exile: The law permits the home secretary to impose “temporary exclusion orders” (TEOs) on returning UK citizens or legal residents if the home secretary reasonably suspects the individual in question is or was involved in terrorism-related activity and considers the exclusion necessary to protect people in the UK from a risk of terrorism. TEOs impose certain obligations on the repatriates, such as periodic reporting to police. The measure requires a court order and is subject to judicial oversight and appeal.