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Canada

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

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape, as sexual assault, and the government enforced the law effectively. Penalties for sexual assault carry sentences of up to 10 years in prison, up to 14 years for sexual assault with a restricted or prohibited firearm, and between four years and life for aggravated sexual assault with a firearm or committed for the benefit of, at the direction of, or in association with, a criminal organization. Most victims of sexual assault were women.

The law provides protections against domestic violence for both men and women, although most victims were women. Although the criminal code does not define specific domestic violence offenses, an abuser can be charged with an applicable offense, such as assault, aggravated assault, intimidation, mischief, or sexual assault. Persons convicted of assault receive up to five years in prison. Assaults involving weapons, threats, or injuries carry terms of up to 10 years. Aggravated assault or endangerment of life carry prison sentences of up to 14 years. The government enforced the law effectively.

According to the government’s statistical agency, indigenous women were three times more likely than nonindigenous women to experience violent abuse and, according to the RCMP, were four times more likely to be victims of homicide. Civil society groups also claimed federal and subnational governments failed to allocate adequate resources to address these cases.

The federal government launched an independent national inquiry into the issue of missing and murdered indigenous women in 2016 with a mandate to report by the end of 2018. In March the inquiry body requested a two-year extension of its mandate and an additional 50 million Canadian dollars (C$) ($38.4 million) budget, but on June 5, the federal government granted a limited extension to allow the inquiry to submit its final report by April 30, 2019, and to end all operations by June 30, 2019. The inquiry is a collaborative federal-provincial exercise, and the federal government stated some provincial governments did not agree to extend the mandate for hearings, leaving only the option of extra time for writing the report. As of August, in addition to increased funding for the inquiry, the federal government allocated C$37.1 million ($28.5 million) for health-support services, family support, police investigative services, and a commemorative fund for victims in response to the inquiry’s interim reports. Indigenous and other critics criticized the inquiry for a slow work schedule.

Police received training in treating victims of domestic violence, and agencies provided hotlines to report abuse. In 2017 the RCMP, Ontario and Quebec provincial police services, and various municipal police forces announced reviews of their handling of sexual assault allegations. This review followed an investigative media report analyzing 870 police jurisdictions between 2010 and 2014 that found police dismissed complaints of sexual assault as “unfounded” without laying charges at an average national rate of 19 percent, with reported rates as high as 60 percent in some jurisdictions. As of December 2017, police had placed more than 37,000 case files under review across the country, of which they had reopened 402 cases of sexual assault previously deemed “unfounded” and determined 6,348 sexual assault cases had been misclassified. Some participating police forces announced they had initiated, or would launch, new training programs on policing sexual violence and its impact on victims. The same month a study by the national statistical agency of sexual assault cases between 2009 and 2014 across the country found one in five sexual assault cases substantiated by police went to court and an estimated one in 10 resulted in a conviction. The study estimated 5 per cent of sexual assaults in the country were reported to authorities. On January 19, the province of Nova Scotia hired two new prosecutors dedicated solely to sexual violence cases and to providing advice and specialized training to other Nova Scotia prosecutors.

The government’s Family Violence Initiative involved 15 federal departments, agencies, and crown corporations, including Status of Women Canada, Health Canada, and Justice Canada. These entities worked with civil society organizations to eliminate violence against women and advance women’s human rights. In 2017 the government launched a national strategy to prevent and address gender-based violence, budgeting C$101 million ($77.6 million) over five years to create a center of excellence within Status of Women Canada for research, data collection, and programming. In June the 2018 federal budget allocated an additional C$86 million ($66 million) over five years, starting in 2018-19, and C$20 million ($15.4 million) per year thereafter, to expand the strategy with a focus on preventing teen dating violence, bullying, and cyberbullying; health care for victims; investigative policing; police training; research; funding for rape crisis and sexual assault centers; and programs to prevent gender-based violence in postsecondary educational institutions. Provincial and municipal governments also sought to address violence against women, often in partnership with civil society.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C of women and girls and prosecutes the offense, including parents of minors, as aggravated assault with a maximum penalty of 14 years’ imprisonment. FGM/C was practiced on occasion in the country, predominantly in diaspora communities. While internal government reports obtained by media organizations asserted that FGM/C practitioners and victims often travelled to a third country to provide the illegal procedure, officials also sought to prevent the entry of FGM/C practitioners into Canada. In 2016 the government instructed border services officers to monitor inbound baggage for FGM/C equipment and to be aware of young female nationals returning from regions where they may be subjected to the practice.

Sexual Harassment: The law offers protections from sexual harassment at the workplace but does not articulate a specific offense of “sexual harassment” outside of work; instead it criminalizes harassment (defined as stalking), punishable by up to 10 years’ imprisonment, and sexual assault, with penalties ranging from 10 years for nonaggravated sexual assault to life imprisonment for aggravated sexual assault. Federal, provincial, and territorial human rights commissions have responsibility for investigating and resolving harassment complaints. Employers, companies, unions, educational facilities, professional bodies, and other institutions had internal policies against sexual harassment, and federal and provincial governments provided public education and advice.

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

Discrimination: Women have the same legal status and rights in the judicial system as men, and the government enforced the rights effectively. On May 1, the federal government passed legislation requiring companies in federally regulated sectors to file annual reports on the gender and racial diversity of their boards and on their diversity policies. The government reported women accounted for 48 percent of the workforce but held an estimated 14 percent of all seats on domestic corporate boards and an estimated 22 percent of seats in Financial Post 500 companies. Seven provinces and two territories require private-sector companies to report annually on their efforts to increase the number of women appointed to executive corporate boards. The government’s statistical agency reported hourly wages for women were, on average, lower than for men but that the wage gap had narrowed over the past two decades. On May 25, the Ontario government passed legislation to require employers to report salaries broken down by gender and other factors to promote transparency in pay and help close a gender wage gap. The measures apply first to the provincial public service and are to extend to private-sector employers in a staggered rollout over three years based on organizations’ number of employees.

Indigenous women living on reservations (where land is held communally) have matrimonial property rights. First Nations may choose to follow federal law or enact their own rules related to matrimonial real property rights and interests that respect their customs.

Indigenous women and men living on reserves are subject to the Indian Act, which defines status for the purposes of determining entitlement to a range of legislated rights and eligibility for federal programs and services. In December 2017 the federal government eliminated inequalities in the act that had prevented indigenous women from transmitting officially recognized Indian status to their descendants on the same basis as indigenous men. The change resulted from a 2015 Superior Court of Quebec ruling that the act violated equality rights provided for in the country’s constitution.

Children

Birth Registration: Citizenship is derived both by birth within the country’s territory and from one’s parents. Births are registered immediately and are not denied or not provided on a discriminatory basis. There were no reports of the government denying public services, such as education or health care, to those who failed to register.

Child Abuse: The law criminalizes violence and abuse against children, including assault, sexual exploitation, child pornography, abandonment, emotional maltreatment, and neglect. Provincial and territorial child welfare services investigate cases of suspected child abuse and may provide counseling and other support services to families, or place children in child welfare care, when warranted.

Early and Forced Marriage: The law establishes 16 years as the legal minimum age of marriage. Early marriages were not known to be a major problem. The law criminalizes the removal of a child from the country for the purpose of early and forced marriage and provides for court-ordered peace bonds, which may include surrendering of a passport, to disrupt an attempt to remove a child for that purpose.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children, the sale of children, and offering or procuring a child for child prostitution and practices related to child pornography. Authorities enforced the law effectively. The minimum age of consensual sex is 16 years. Persons convicted of living from the proceeds of the prostitution of a child younger than 18 face between two and 14 years’ imprisonment. Persons who aid, counsel, compel, use, or threaten to use violence, intimidation, or coercion in relation to a child younger than 18 engaging in prostitution face between five and 14 years’ imprisonment. Persons who solicit or obtain the sexual services of a child younger than 18 face between six months’ and five years’ imprisonment. Children, principally teenage females, were exploited in sex trafficking.

The law prohibits accessing, producing, distributing, and possessing child pornography. Maximum penalties range from 18 months’ imprisonment for summary offenses to 10 years’ imprisonment for indictable offenses.

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.html.

Anti-Semitism

Approximately 1 percent of the population is Jewish.

The B’nai Brith Canada League for Human Rights received 1,752 reports of anti-Semitic incidents in 2017, a 1.4 percent increase from 2016, which previously had recorded the highest number of incidents in the audit’s history. The greatest number of reports (808) came from Ontario, the most populous province. Incidents included harassment (80 percent), vandalism (19 percent), and violence (1 percent).

On January 18, a protester unfurled a Canadian flag defaced with Nazi symbolism and the words “evil empire” and “fig leaf” during a public meeting with the prime minister in Quebec City and was escorted out of the event by police.

In December 2017 at least eight synagogues in four cities across the country received anti-Semitic letters depicting swastikas and calling for the death of Jews. Police in each affected community opened investigations, and some proactively increased patrols of Jewish facilities.

On November 8, Prime Minister Trudeau delivered his previously announced formal apology for the then government’s decision in 1939 to refuse landing to Jewish refugees aboard the steamship St. Louis. The refugees on board had been fleeing a Nazi round-up in Europe.

Trafficking in Persons

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

Persons with Disabilities

The constitution and law prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities, including their access to education, employment, health services, transportation, the judicial system, and other state services. The federal minister of families, children, and social development, supported by the minister of persons with disabilities, provides federal leadership on protecting the rights of persons with disabilities, and provincial governments also have ministerial-level representation. Federal and provincial governments effectively implemented laws and programs mandating access to buildings, information, and communications for persons with disabilities, but regulation varies by jurisdiction. No comprehensive federal legislation protects the rights of persons with disabilities, creating a situation where accessibility provisions were unevenly implemented and enforced throughout the country.

Children with disabilities attended primary, secondary, and higher education, and the majority attended classes with nondisabled peers or in a combination of nondisabled and special education classes with parental consent.

Disability rights nongovernmental organizations (NGOs) reported that persons with disabilities experienced higher rates of unemployment and underemployment, lower rates of job retention, and higher rates of poverty and economic marginalization than the broader population.

Federal and provincial human rights commissions protected and promoted respect for the rights of persons with disabilities, and complainants could apply to them for investigation of alleged abuses or discrimination and for remedy. The government provided specialized services and disability monetary benefits. Facilities existed to provide support for persons with mental-health disabilities, but mental-disability advocates asserted the prison system was not sufficiently equipped or staffed to provide the care necessary for those in the criminal justice system, resulting in cases of segregation and self-harm.

On February 5, the Nova Scotia Human Rights Board of Inquiry heard a complaint that alleged the province discriminated against low-income persons with disabilities who relied on publicly funded residential care and were housed in institutions such as hospitals or locked custodial facilities, from which they could not freely leave. The plaintiffs wanted the province to fund housing and care in home-based settings in the community. The government supported the principle of community-based care but argued that access to subsidized housing of an individual’s choice is not a human right under provincial legislation. The case remained pending as of October 1.

National/Racial/Ethnic Minorities

The law prohibits discrimination because of race. Federal, provincial, and territorial human rights commissions investigated complaints and raised public awareness. The federal Canadian Race Relations Foundation coordinates and facilitates public education and research and develops recommendations to eliminate racism and promote harmonious race relations.

According to the government’s statistical agency, 1,409 incidents of hate crimes were reported to police in 2016 (the latest available figures), of which 666 were motivated by race or ethnic bias (up 4 percent from 2015), and 48 percent involved violence, including assault and uttered threats. Blacks and Jews constituted the most commonly targeted groups.

On January 19, a white nationalist group claimed responsibility for the erection of 24 racist posters at various locations on the University of New Brunswick campus in Fredericton. University authorities removed the posters as soon as they were discovered, and campus security and Fredericton police both opened investigations that remained pending as of October 1.

Indigenous People

Indigenous peoples constituted approximately 5 percent of the national population and much higher percentages in the country’s three territories: Yukon, 23 percent; Northwest Territories, 52 percent; and Nunavut, 86 percent. Disputes over land claims, self-government, treaty rights, taxation, duty-free imports, fishing and hunting rights, and alleged police harassment were sources of tension. Indigenous peoples remained underrepresented in the workforce, leadership positions, and politics; overrepresented on welfare rolls and in prison populations; and more susceptible than other groups to suicide, poverty, chronic health conditions, and sexual violence. According to the government’s statistical agency, the overall violent victimization rate (which includes sexual assault, assault, and robbery) for indigenous persons in 2014 was 163 incidents per 1,000 persons, more than double the rate of 74 incidents per 1,000 among nonindigenous persons.

The law recognizes individuals registered under the Indian Act based on indigenous lineage and members of a recognized First Nation as Status Indians and thereby eligible for a range of federal services and programs. Status and services are withheld from unregistered or nonstatus indigenous persons who do not meet eligibility criteria for official recognition or who may have lost status through marriage to a nonindigenous person or other disenfranchisement. According to the government’s statistical agency, in 2011 indigenous children accounted for 7 percent of the total population younger than 14 years, but almost 50 percent of the approximately 30,000 children younger than 14 in foster care. In November 2017 the federal minister responsible for indigenous services publicly described the disproportionate number of indigenous children in the child welfare system as a “humanitarian crisis.”

The law recognizes and specifically protects indigenous rights, including rights established by historical land claims settlements. Treaties with indigenous groups form the basis for the government’s policies in the eastern part of the country, but there were legal challenges to the government’s interpretation and implementation of treaty rights. Indigenous groups in the western part of the country that had never signed treaties continued to claim land and resources, and many continued to seek legal resolution of outstanding issues. As a result, the evolution of the government’s policy toward indigenous rights, particularly land claims, depended on negotiation or legal challenges.

The law imposes statutory, contractual, and common-law obligations to consult with indigenous peoples on the development and exploitation of natural resources on land covered by treaty or subject to land claims by First Nations. According to a Supreme Court ruling, the federal government has the constitutional duty to consult and, where appropriate, accommodate indigenous peoples when the government contemplates actions that may adversely affect potential or established indigenous and treaty rights.

The Supreme Court has affirmed that indigenous title extends to territory used by indigenous peoples for hunting, fishing, and other activities prior to contact with Europeans, as well as to settlement sites. Provincial and federal governments may develop natural resources on land subject to indigenous title but are obliged to obtain consent of the indigenous titleholders in addition to existing constitutional duties to consult, and where necessary, accommodate indigenous peoples in matters that affect their rights. If governments cannot obtain consent, they may proceed with resource development only based on a “compelling and substantial objective” in the public interest, in which the public interest is proportionate to any adverse effect on indigenous interests. The court has established that indigenous titles are collective in nature.

On February 14, the government announced it would develop a Recognition and Implementation of Rights Framework, in consultation with First Nations, Inuit, and Metis peoples, to reform government policies and practices to ensure that the premise for all federal government action is the recognition of indigenous rights. The government held national public consultations from February to May and committed to introduce the framework by the end of 2018 and to implement it in 2019.

On July 8, First Nations, Inuit, and Metis former students of federal and provincial government-funded day schools filed a national class-action lawsuit for alleged physical, sexual, and psychological abuse and loss of culture and language, which they claimed they suffered in church-run schools they were legally compelled to attend from 1920. The suit alleged the government breached its duty of care to the children. Indigenous students of day schools were excluded from a landmark residential schools settlement and compensation package in 2006. In 2016 the government settled a C$50 million ($38.4 million) class-action suit brought by survivors of indigenous residential schools in Newfoundland and Labrador who were also excluded from the 2006 settlement, and in November 2017 the prime minister issued a formal public apology to these survivors and their families.

On February 1, the government announced it would immediately begin funding child welfare services for indigenous children living on reserves at the same level as child welfare agencies off reserve, retroactive to January 2016. In 2016 the Canadian Human Rights Tribunal had ruled the federal government discriminated against indigenous children when it failed to fund welfare services for children living on reserves at the same level of services for off-reserve populations. While the government dedicated new funds to address inequities in welfare services for children living on reserve following the ruling, the tribunal issued four noncompliance orders, most recently in February, arguing discrepancies continued to exist. In November 2017 the government withdrew its application for judicial review of two parts of the tribunal’s ruling.

In 2017 the federal government signed the Canada-Metis Nation Accord with the Metis National Council to start negotiations on shared priorities in a permanent twice-annual forum chaired by the prime minister, as well as framework agreements with leaders of the five regional members of the Metis National Council to open negotiations on self-government, lands, rights, and other claims. In 2016 the Supreme Court had ruled unanimously the Metis and non-Status Indians are Indians under the Constitution Act and fall under the jurisdiction of the federal government. Nearly 600,000 citizens identify as Metis.

On August 9, the Federal Court and Ontario Superior Court approved a financial settlement between the federal government and indigenous citizens across the country of the “Sixties Scoop,” during which child-welfare services removed an estimated 20,000 indigenous children, 16,000 of them in Ontario, from their parents’ custody and placed them with nonindigenous foster families in Canada and the United States. The settlement compensates for loss of cultural identity. The package included C$50 million ($38.4 million) for a new Indigenous Healing Foundation to enable change and reconciliation.

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

The law prohibits discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons in housing, employment, nationality laws, and access to government services, including health care, and the government enforced the law. The law prohibits discrimination based on sexual orientation, gender identity, and gender expression, and the criminal code provides penalties for crimes motivated by bias, prejudice, or hate based on personal characteristics, including sexual orientation. Manitoba, Saskatchewan, and the Northwest Territories explicitly prohibit discrimination based on gender identity. Ontario, Nova Scotia, Prince Edward Island, Alberta, Newfoundland and Labrador, Quebec, New Brunswick, and British Columbia prohibit discrimination based on gender identity and gender expression. Nunavut and Yukon territories prohibit such discrimination implicitly based on “sex” or “gender.”

Provinces and territories have different requirements for persons to change their legal gender marker in documents such as birth certificates and identifications. Some provinces require one or more physicians to certify the applicant has completed sex reassignment surgery before an applicant may change their legal gender marker. The provincial governments of Newfoundland and Labrador, Prince Edward Island, Nova Scotia, British Columbia, Ontario, Saskatchewan, Manitoba, and Alberta allow residents to change their gender marker with a personal or physician’s declaration indicating the individual’s gender identity.

There were occasions of violence and abuse against individuals based on sexual orientation, but in general, the government effectively implemented the law criminalizing such behavior. NGOs reported that stigma or intimidation was a known or likely factor in the underreporting of incidents of abuse. Some police forces employed liaison officers for the LGBTI communities.

On February 14, the premier of Prince Edward Island publicly condemned vandalism by unknown perpetrators who spray-painted homophobic slogans on a church in the province.

In March the federal government directed public servants to use gender-neutral terms, such as “parent” instead of “mother” or “father,” when interacting with the public and committed to delete a requirement to provide a parent’s “maiden name” when completing government forms on behalf of their children to ensure terminology is inclusive and does not discriminate against same-sex parents.

On June 21, the federal government passed legislation to expunge the criminal records of men convicted for past consensual homosexual acts. In November 2017 the government issued a formal apology to, and reached an agreement in principle and a maximum C$110 million ($84.5 million) financial settlement with, former federal public servants, including members of the military and RCMP who were investigated and sometimes fired because of their sexual orientation over 30 years ending in the 1990s. The package remained subject to approval by the Federal Court.

In December 2017 the federal Correctional Service changed its policy to allow transgender offenders to be placed in male or female institutions according to their gender identity (except in exceptional cases where health or safety concerns cannot be resolved), to be addressed by their preferred name and pronoun, and to be offered a choice of male or female officers to conduct body searches, testing of bodily fluids, and camera surveillance.

Other Societal Violence or Discrimination

There were reports of societal violence and discrimination against members of other minority, racial, and religious groups, but the government generally implemented the law criminalizing such behavior effectively.

Cuba

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

Women

Rape and Domestic Violence: The law specifically criminalizes rape of women, including spousal rape, and separately criminalizes “lascivious abuse” against both genders. The government enforced both laws. Penalties for rape are at least four-years’ imprisonment.

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

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

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

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

Children

Birth Registration: Citizenship is normally derived by birth within the country’s territory, and births were generally registered promptly. Those who emigrate abroad and have children must request a Cuban passport for the child before re-entering Cuba.

Early and Forced Marriage: The legal minimum age of consent for marriage is 18. Marriage for girls as young as age 14 and for boys as young as age 16 is permitted with parental consent.

Sexual Exploitation of Children: Prostitution is legal for those age 16 and older. There is no statutory rape law, although penalties for rape increase as the age of the victim decreases. The law imposes seven- to 15-years’ imprisonment for involving minors younger than age 16 in pornographic acts. The punishment may increase to 20 to 30 years or death under aggravating circumstances. The law does not criminalize the possession of pornography, but it punishes the production or circulation of any kind of obscene graphic material with three months’ to one year’s imprisonment and a fine. The offer, provision, or sale of obscene or pornographic material to minors younger than age 16 is punishable with two to five years in prison. Child trafficking across international borders is punishable with seven- to 15-years’ imprisonment. The law does not establish an age of consent, but sexual relations with children younger than age 16 can be prosecuted if there is a determination of rape. In such cases the law leaves room for consideration of possible consent and the age of the other person, especially if the other person is also a minor. A determination of rape may be made if the victim lacks the ability to understand the extent of the action or is not in command of his or her conduct, which could be applied or claimed for a person age 15 or 14. The penalty ranges from four- to 10-years’ imprisonment. If the victim is older than age 12 and younger than age 14, the penalty is seven- to 15-years’ imprisonment. The punishment for having sex with a minor age 12 is 15- to 30-years’ imprisonment or death.

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

Anti-Semitism

There were between 1,000 and 1,500 members of the Jewish community. There were no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

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

Some persons with disabilities who opposed the government were denied membership in official organizations for the disabled, such as the National Association for the Blind. As a result, they were denied benefits and services, which include 400 minutes of telephone usage, training in the use of a white cane and in Braille, and reduced fare on public transportation.

On March 7, authorities barred Acelia Carvajal Montane, the wife of Juan Goberna, an advocate for the rights of persons with disabilities, from accompanying her husband on international travel in connection with his advocacy activities. Goberna, who is blind, required assistance from his wife when he travelled. In April authorities again barred her from accompanying her husband to Lima, Peru, for the Summit of the Americas.

National/Racial/Ethnic Minorities

Afro-Cubans often suffered racial discrimination, and some were subject to racial epithets while undergoing unlawful beatings at the hands of security agents in response to political activity. Afro-Cubans also reported employment discrimination, particularly in sought-after positions within the tourism industry and at high levels within the government.

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

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

The government did not recognize domestic human rights groups or permit them to function legally. Several unrecognized NGOs that promote lesbian, gay, bisexual, transgender, and intersex human rights faced government harassment, not for their promotion of such topics, but for their independence from official government institutions.

HIV and AIDS Social Stigma

The government operated four prisons exclusively for inmates with HIV/AIDS; some inmates were serving sentences for “propagating an epidemic.” Special diets and medications for HIV patients were routinely unavailable.

Dominican Republic

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

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape, domestic violence, and other forms of violence, such as incest and sexual aggression. The sentences for conviction of rape range from 10 to 15 years in prison and a fine of 100,000 to 200,000 pesos ($2,000 to $4,000).

Rape was a serious and pervasive problem. Despite government efforts, violence against women was pervasive. The Attorney General’s Office oversees the specialized Violence Prevention and Attention Unit, which had 19 offices in the country’s 32 provinces. The Attorney General’s Office instructed its officers not to settle cases of violence against women and to continue judicial processes, even in cases in which victims withdrew charges. District attorneys provided assistance and protection to victims of violence by referring them to appropriate institutions for legal, medical, and psychological counseling. In November 2017 the attorney general announced a new national plan to combat violence against women and funding for a “City of Women” to provide comprehensive services for victims. During the year the government relaunched its 24-hour domestic violence hotline, launched a national publicity campaign against domestic violence, opened five new victims assistance units (of a planned 14 new units), hired 200 new specialized staff to serve in the units, and signed an agreement with National University Pedro Henriquez Urena for a degree program for prosecutors and inspectors specializing in gender violence and in intrafamily and sex crimes. In September the attorney general also launched a “100-day challenge,” for which his office opened 1,986 new domestic violence cases, nine times the number in the 100 days before the challenge. The attorney general declared his office resolved 215 cases during the challenge.

The Ministry of Women actively promoted equality and the prevention of violence against women through implementing education and awareness programs and the provision of training to other ministries and offices. It also operated shelters and provided counseling services, although NGOs argued these efforts were inadequate.

Sexual Harassment: Sexual harassment in the workplace is a misdemeanor, and conviction carries a sentence of one year in prison and a fine equal to the sum of three to six months of salary. Union leaders reported the law was not enforced and sexual harassment remained a problem.

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

Discrimination: Although the law provides women and men the same legal rights, women did not enjoy social and economic status or opportunity equal to that of men (see also section 2.d.).

Children

Birth Registration: Citizenship comes with birth in the country, except to children born to diplomats, to those who are “in transit,” or to parents who are illegally in the country (see section 2.d.). A child born abroad to a Dominican mother or father may also acquire citizenship. A child not registered at birth remains undocumented until parents file a late declaration of birth.

Education: The constitution stipulates free, compulsory public education through age 18; however, education was not universal through the secondary level for undocumented students. Public schools enrolled children who lacked identity documentation and promoted undocumented children between grades, although an identity document was necessary for the Ministry of Education to issue a high-school diploma. The Ministry of Education and the Vice President’s Office, through the Progressing with Solidarity program, worked with families to assist children with late registration of birth and identity documentation.

Child Abuse: Abuse of children, including physical, sexual, and psychological abuse, was a serious problem. The law contains provisions concerning child abuse, including physical and emotional mistreatment, sexual exploitation, and child labor. The law provides for sentences of two to five years’ incarceration and a fine of three to five times the monthly minimum wage for persons convicted of abuse of a minor. For additional information, see Appendix C.

Early and Forced Marriage: The legal minimum age for marriage with parental consent is 16 for boys and 15 for girls. Marriage, particularly of women, before age 18 was common. According to a 2014 UNICEF-supported government survey, 10 percent of girls were married by age 15 and 37 percent by age 18. The government conducted no known prevention or mitigation programs. Girls often married much older men. Child marriage occurred more frequently among girls who were uneducated, poor, and living in rural areas.

Sexual Exploitation of Children: The law defines statutory rape as sexual relations with anyone younger than age 18. Penalties for conviction of statutory rape are 10 to 20 years in prison and a fine of 100,000 to 200,000 pesos ($2,000 to $4,000).

The commercial sexual exploitation of children generally occurred in tourist locations and major urban areas. The government conducted programs to combat the sexual exploitation of minors.

Displaced Children: Large populations of children, primarily Haitians or Dominicans of Haitian descent, lived on the streets and were vulnerable to trafficking (see section 2.d.).

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

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

Anti-Semitism

The Jewish community comprised approximately 350 persons. There were no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

Although the law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities, these individuals encountered discrimination in employment, education, the judicial system, and in obtaining health care and transportation services. The law provides for access to basic services and physical access for persons with disabilities to all new public and private buildings. It also specifies that each ministry should collaborate with the National Disability Council to implement these provisions. Authorities worked to enforce these provisions, but a gap in implementation persisted. Very few public buildings were fully accessible.

The Dominican Association for Rehabilitation received support from the Secretariat of Public Health and from the Office of the Presidency to provide rehabilitation assistance to persons with physical and learning disabilities as well as to operate schools for children with physical and mental disabilities. Lack of accessible public transportation was a major impediment.

The law states the government should provide for persons with disabilities to have access to the labor market as well as to cultural, recreational, and religious activities, but it was not consistently enforced. There were three government centers for care of children with disabilities–in Santo Domingo, Santiago de los Caballeros, and San Juan de la Maguana. In 2016 the Ministry of Education reported that 80 percent of registered students with disabilities attended school, but this had not been independently verified.

National/Racial/Ethnic Minorities

There was evidence of racial prejudice and discrimination against persons of dark complexion, but the government denied such prejudice or discrimination existed and, consequently, did little to address the problem. Civil society and international organizations reported that officials denied health care and documentation services to persons of Haitian descent.

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

The constitution upholds the principles of nondiscrimination and equality before the law, but it does not specifically include sexual orientation or gender identity as protected categories. It does prohibit, however, discrimination on the grounds of “social or personal condition” and mandates that the state “prevent and combat discrimination, marginalization, vulnerability, and exclusion.” The law prohibits discrimination based on sexual orientation and gender identity only for policies related to youth and youth development.

Discrimination limited the ability of LGBTI persons to access education, employment, health care, and other services.

NGOs reported police abuse, including arbitrary arrest, police violence, and extortion, against LGBTI persons. According to civil society organizations, authorities failed to properly document or investigate the incidents that were reported. According to a report presented by civil society before the UN Human Rights Committee, the law does not provide for the prosecution of hate crimes against LGBTI individuals based on their sexual orientation or gender identity.

NGOs reported widespread discrimination against LGBTI persons, particularly transgender individuals and lesbians, in such areas as health care, education, justice, and employment. LGBTI individuals often faced intimidation and harassment.

HIV and AIDS Social Stigma

Although the law prohibits the use of HIV testing to screen employees, Human Rights Watch, Amnesty International, and the International Labor Organization (ILO) reported that workers in various industries faced obligatory HIV testing. Workers were sometimes tested without their knowledge or consent. Many workers found to have the disease were not hired, and those employed were either fired from their jobs or denied adequate health care.

Other Societal Violence or Discrimination

On a number of occasions, citizens attacked and sometimes killed alleged criminals in vigilante-style reprisals for theft, robbery, or burglary.

Peru

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

Women

Rape and Domestic Violence: The law criminalizes rape of men and women, including spousal rape, with penalties of six to eight years in prison. The law defines femicide as the killing of a woman or girl based on gender. In July the government increased the minimum sentence for femicide to 20 years and to 30 years when the crime includes aggravating circumstances (e.g., crimes against minor, elderly, or pregnant victims). Enforcement of these laws, however, was often ineffective.

The law prohibits domestic violence; penalties range from one month to six years in prison. The law also authorizes judges and prosecutors to prevent a convicted spouse or parent from returning to the family home and authorizes the victim’s relatives and unrelated persons living in the home to file complaints of domestic violence. The law requires a police investigation of domestic violence to take place within five days of a complaint and obliges authorities to extend protection to female victims of domestic violence. Enforcement of these laws, however, was lax.

Violence against women and girls–including rape, spousal abuse, and sexual, physical, and psychological abuse–were serious national problems. A National Institute of Statistics (INEI) survey found 68 percent of women suffered some form of gender-based violence in their lives. The Ministry of Women and Vulnerable Populations reported 43 femicides and 103 attempted femicides between January and April, a 26 percent and 39 percent increase, respectively, for the same period in 2017. In February, Jimena B., an 11-year-old girl, was abducted, raped, and killed in Lima. The alleged perpetrator, Cesar Alva Mendoza, was apprehended, placed in preventative detention, had several hearings, and awaited final trial as of November. He did not know the victim.

The Ministry of Women and Vulnerable Populations continued to operate service centers with police, prosecutors, counselors, and public welfare agents to help victims. NGOs expressed concerns about the program’s quality and quantity, particularly in rural areas. The ministry operated a toll-free hotline and implemented projects to sensitize government employees and the citizenry to domestic violence. Following the abduction, rape, and killing of Jimena B., public protests called for more protection for children. In response, the PNP formed a family violence prevention unit to provide follow-up visits on domestic abuse and other criminal complaints.

The government continued to support temporary shelters, but NGOs and members of Congress stated there were not enough.

Sexual Harassment: Sexual harassment remained a serious problem. Sexual harassment is defined as unsolicited comments, actions, and touching of a sexual nature that is unwanted by the female or male victim. In December 2017 Congress passed a law that criminalized sexual harassment in the workplace. In September Congress revised the law, providing penalties of up to eight years in prison for sexual harassment. Sexual harassment is a labor rights violation subject to administrative punishment as well. Government enforcement of laws against sexual harassment were minimally effective.

In October a court sentenced a man to three years in prison for sexual harassment, threats, and indecent proposals to a 15-year-old girl through social media. It was the first prison sentence handed down by a court for sexual harassment.

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

Discrimination: The law provides for equality between men and women and prohibits discrimination against women with regard to marriage, divorce, pregnancy, pay, and property rights, but the government did not enforce the law effectively. While the law prohibits discrimination in employment and educational opportunities based on gender, there was a persistent underrepresentation of women in high-ranking positions, and the arbitrary dismissal of pregnant women and workplace discrimination was common. The law stipulates that women should receive equal pay for equal work, but women often were paid less than men. The INEI estimated that as of September, women received 71 percent of the average income of men.

Children

Birth Registration: Citizenship is derived either by birth within the country’s territory or from one’s parents. Problems with government registration of births continued in remote areas of the country, although the government made significant progress in promoting registration.

Obtaining a national identity document requires a birth certificate, which was a problem in the most remote rural areas, where many births occurred at home and were not registered. As a result poor indigenous women and children disproportionately lacked identity documents as they were less able than men to travel outside these remote areas to obtain the documents. Undocumented citizens faced social and political barriers to accessing government services, including running for public office or holding title to land. Government representatives and NGOs assessed that undocumented citizens were particularly vulnerable to labor exploitation, human trafficking, and crime.

Child Abuse: Violence against and sexual abuse of children were serious nationwide problems. The country strengthened its laws in 2017 and 2018 to protect minor girls and boys without parents or guardians as well as children living in at-risk, poor households. The law mandates government safeguards for vulnerable children, including access to education, health, and housing at Ministry of Women and Vulnerable Populations operated residential shelters, to reduce their susceptibility to sexual exploitation, child labor, and human trafficking. The law requires all government authorities, courts, and social service institutions to use the “best interests of the child” standard in all decisions affecting these children. The Peruvian Penal Code imposes stiff prison sentences for promoting child prostitution, abusing minors, and trafficking in children.

The government supported overnight shelters. Provincial or district governments operated approximately one-half of the offices to assist victims, while schools, churches, and NGOs ran the others. Law students continued to staff the units, particularly in rural districts. When these offices could not resolve disputes, officials usually referred cases to the Public Ministry’s local prosecutor offices, whose adjudications had the same force as court judgments.

Early and Forced Marriage: The legal minimum age of marriage is 18. The law allows minors older than 16 to marry with civil judge authorization.

Sexual Exploitation of Children: The law prohibits exploiting children in prostitution and penalizes promoters with a minimum of 15 years in prison. The law prohibits child pornography, and the penalty for conviction of involvement in child pornography is four to 12 years’ imprisonment and a fine. Government officials, police, NGOs, civil society leaders, and journalists identified numerous cases of child prostitution during the year. The country remained a destination for child sex tourism.

While the country has strong laws to protect children, it frequently had serious problems with enforcement. Media for example, frequently reported on the sexual exploitation of minor girls in the illicit gold mining sites of the remote Amazonian Madre de Dios region. In one broadly circulated article, Yaneth, a 14-year-old girl, was sent by her aunt to work as a waitress in a mining site’s bar-brothel. Within a few weeks of her arrival, Yaneth was forced into prostitution to pay off the cost of transporting her to the encampment. The police rescued Yaneth and she now resides in a Ministry of Women and Vulnerable Populations shelter. A local NGO estimated there are approximately 400 brothels in the Madre de Dios mining region, with hundreds of minor girls living in debt bondage and working 13-hour days as prostitutes.

The minimum age for consensual sex is 14. A conviction of rape of a minor younger than 14 carries penalties ranging from 25 years to life in prison. The law also prohibits adults from using deceit, abuse of power, or the vulnerability of a teenager to have sex with a minor under 18.

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

Anti-Semitism

Estimates of the Jewish population ranged from 3,000 to 4,000 persons. There were no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The law establishes infractions and sanctions for noncompliance. The law also provides for the protection, care, rehabilitation, security, and social inclusion of persons with disabilities; mandates that public spaces be free of barriers and accessible to persons with disabilities; and provides for the appointment of a disability rights specialist in the Ombudsman’s Office. The law mandates the government make its internet sites accessible for persons with disabilities and requires the inclusion of sign language or subtitles in all educational and cultural programs on public television and in media available in all public libraries. The government generally did not effectively enforce these laws.

In September the government issued the General Law on People with Disabilities, requiring companies to improve their selection processes to enable persons with disabilities the opportunity to apply for jobs on equal terms. The law requires employers to provide employees up to 56 hours per year to accompany their disabled relatives to medical appointments. In August the Army implemented a pilot program to recruit persons with disabilities for military and civilian positions. The initial military class included 15 soldiers who will receive cyber-security and administrative assignments following their initial training.

The government failed to enforce laws protecting the rights of persons with mental disabilities. NGOs and government officials reported the number of medical personnel providing services in psychiatric institutions was insufficient.

While government officials improved enforcement of the rights of persons with disabilities, the country’s disability community still faced immense challenges due to inaccessible infrastructure, minimal access to education, insufficient employment opportunities, and discrimination, according to government and civil society leaders. The Ombudsman’s Office reported approximately 87 percent of children with disabilities did not attend school and 76 percent of persons with disabilities did not work. One government survey reported that 70 percent of employers stated they would not hire a person with a disability.

National/Racial/Ethnic Minorities

The law requires the government to treat all citizens equally and prohibits discrimination based on race, national origin, or language, and the government did not enforce the law effectively.

Indigenous People

Indigenous communities remained politically, economically, and socially marginalized. There were reports of threats directed against indigenous leaders with respect to land grabs and illicit gold mining in the Amazon. Indigenous leaders expressed concerns that the national and regional governments did not adequately protect them and their property interests.

While the constitution recognizes indigenous persons have the right to own land communally, indigenous groups often lacked legal title to demarcate the boundaries of their lands. Amazonian indigenous peoples in particular continued to accuse the national government of delaying the final allocation of their land titles. By law, local communities retain the right of unassignability. Some indigenous community members, however, sold land to outsiders without the majority consent of their community.

The national government retains the subsurface mineral rights for land nationwide, which frequently caused disputes between the local indigenous communities, national government, regional governments, and the various extractive interests. The law requires the government to consult with indigenous communities on proposed extractive projects or changes to ongoing extractive projects and to produce a detailed implementation plan to facilitate government and private-sector compliance; implementation of this law was somewhat effective. The law also requires the Ministry of Culture to establish a database of indigenous communities entitled to consultation. As of September the ministry had recognized 55 indigenous groups as being entitled to prior consultation. From 2014 to October the government initiated 24 prior consultations with various indigenous communities, which generated 487 agreements. Ten of the prior consultations had concluded, and 14 were ongoing.

Indigenous NGOs, legal experts, and the Ombudsman’s Office continued to express concerns that indigenous communities did not have sufficient training to engage in consultations with the government and extractive industry.

Indigenous persons continued to face threats from narcotics traffickers and illegal miners and loggers who operated near or within their claimed land holdings.

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

The constitutional procedure code recognizes the right of individuals to file legal claims of discrimination based on sexual orientation or gender identity. Four of the regional governments (Piura, La Libertad, Loreto, and San Martin) have regulations that prohibit discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals explicitly and provide for administrative relief, but not criminal sanctions.

Government officials, NGOs, journalists, and civil society leaders reported widespread official and societal discrimination against LGBTI persons in employment, housing, education, and health care on the basis of their sexual orientation or gender identity. NGOs continued to report that law enforcement authorities repeatedly failed to protect, and on occasion violated, the rights of LGBTI citizens. Police harassed and abused transgender women. For example, the local police in Lima frequently demanded that transgender women working as sex workers pay the police for protection, and physically harmed them if they did not pay.

The law does not provide transgender persons the right to obtain national identity documents that reflect their gender identity. Transgender persons, therefore, often did not have national identification cards, which consequently limited their access to government services.

HIV and AIDS Social Stigma

Persons with HIV/AIDS faced discrimination and harassment, including societal discrimination for employment, housing, and general social inclusion. The Ministry of Health implemented policies to combat discrimination based on HIV/AIDS status. HIV/AIDS affected transgender women disproportionately, and many of them could not obtain health care because they lacked national identification cards reflecting their gender and appearance.

Other Societal Violence or Discrimination

The Ombudsman’s Office reported 134 active social-conflict cases as of August, compared with 109 in August 2017. The report found most conflicts involved socioenvironmental issues, with mining-related incidents accounting for 68 percent of the cases.

Two potato farmers died and dozens of others were wounded during several February clashes between protesting farmers and police in the Pasco and Huancavelica regions. Three police officers were also injured, and authorities arrested three farmers. The farmers had demanded the national government declare an agricultural emergency to help them sell their crops. After resolving the conflict, the government launched an investigation into the two deaths.

Police opened an investigation in January of the December 2017 killing of environmental activist Jose Napoleon Tarrillo. Media reported that land invaders killed Tarrillo for his efforts to protect the Chaparri Ecological Reserve in the Chiclayo region. Tarrillo’s wife informed police she had received death threats for pursuing her husband’s case with the authorities.

Philippines

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

Women

Rape and Domestic Violence: Rape, including spousal rape, is illegal, with penalties ranging from 12 to 40 years’ imprisonment with pardon or parole possible only after 30 years’ imprisonment. Conviction can also result in a lifetime ban from political office. Penalties for forcible sexual assault range from six to 12 years’ imprisonment. The law criminalizes physical, sexual, and psychological harm or abuse to women and children committed by spouses, partners, or parents. Penalties depend on the severity of the crime and may include imprisonment or fines.

Authorities generally took reports of rape seriously. In August a witness reported a rape and murder to authorities. Authorities asked the witness to identify the suspects, which he did, and police arrested the suspects in less than 24 hours. In another example police acting on a tip arrested a man with an outstanding warrant for seven counts of rape in 1999. NGOs noted that in smaller localities perpetrators of abuse sometimes used personal relationships with local authorities to avoid prosecution.

Statistics were unavailable on prosecutions, convictions, and punishments for cases filed by the PNP, but difficulty in obtaining rape convictions remained a challenge to effective enforcement. Moreover, NGOs report that because of cultural and social stigmatization, many women did not report rape or domestic violence. Reports of rape and sexual abuse of women in police or protective custody continued; the Center for Women’s Resources stated that 16 police officers were involved in eight rape cases from January 2017 to July 2018.

Cases of rape reported to the Social Welfare Department (DSWD) declined 12 percent from 2016 to 2017, to 7,584. The DSWD provided shelter, counseling, and health services to female survivors of rape.

Domestic violence against women remained a serious and widespread problem. As of July the PNP reported 14,899 cases of domestic violence against women and children. The great majority of these cases involved physical, psychological, and sexual abuse, and the number included 1,139 female victims of trafficking in persons. The DSWD also assisted women victims of other abuses, including emotional and economic battery.

The PNP and the DSWD both maintained help desks to assist survivors of violence against women and to encourage reporting. From January to June, the DSWD reported assisting 47,268 women categorized as “in especially difficult circumstances,” significantly fewer than in the same period the year before. DSWD staff attributed the decline to budget cuts. With the assistance of NGOs, the CHR, and the Philippine Commission on Women, law enforcement officers continued to receive gender sensitivity training to deal with victims of sexual crimes and domestic violence. The PNP maintained a women and children’s unit in 1,802 police stations throughout the country with 1,918 help desks to deal with abuse cases. The PNP assigned 4,843 officers to the desks nationwide, almost 98 percent of them women. The law provides 10 days of paid leave for domestic violence victims.

Sexual Harassment: The law prohibits sexual harassment, and violations are punishable by imprisonment from one to six months, a fine of from 10,000 to 20,000 pesos ($187-374), or both.

Sexual harassment remained widespread and underreported, including in the workplace due to victims’ fear of losing their jobs. A 2016 Social Weather Stations study showed that 60 percent of women in Metro Manila were harassed at least once in their lifetime.

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

Discrimination: In law but not always in practice, women have most of the rights and protections accorded to men, and the law seeks to eliminate discrimination against women. The law accords women the same property rights as men. In Muslim and indigenous communities, however, property ownership law or tradition grants men more property rights than women.

The CHR and others alleged that multiple statements by President Duterte incited violence against women. One example included Duterte telling soldiers to shoot NPA women in their genitals.

No law mandates nondiscrimination based on gender in hiring, although the law prohibits discrimination in employment based on sex. Nonetheless, women continued to face discrimination on the job as well as in hiring (see section 7.d.).

The law does not provide for divorce. Legal annulments and separation are possible, and courts generally recognized foreign divorces if one of the parties was a foreigner. These options, however, are costly, complex, and not readily available to the poor. The Office of the Solicitor General is required to oppose requests for annulment under the constitution. Informal separation is common, but brings with it potential legal and financial problems. Muslims have the right to divorce under Muslim family law.

Children

Birth Registration: Citizenship derives from birth to a citizen parent and, in certain circumstances, from birth within the country’s territory to alien parents. The government promoted birth registration, and authorities immediately registered births in health facilities. Births outside of facilities were less likely to be registered promptly, if at all. NGOs previously estimated that more than 2.5 million children were unregistered, primarily among Muslim and indigenous groups. The Department of Social Welfare continued working closely with local governments to improve registration; the Philippines Statistics Authority operated mobile birth registration units to reach rural areas. The lack of a birth certificate does not generally result in a denial of education or other services, but may cause delays in some circumstances, for example if a minor becomes involved in the court system.

Education: Education is free and compulsory through age 18, but the quality of education was often poor, and access difficult, especially in rural areas where substandard infrastructure makes traveling to school challenging.

Child Abuse: Child abuse remained a problem. Department of Welfare statistics indicated that approximately 70 percent of child abuse victims were girls. Several cities ran crisis centers for abused women and children.

Early and Forced Marriage: The legal minimum age for marriage for both sexes is 18 years; anyone younger than 21 must have parental consent. Under Muslim personal law, Muslim boys may marry at 15 and girls may marry when they reach puberty.

Sexual Exploitation of Children: The law prohibits the commercial exploitation of children and child pornography and defines purchasing commercial sex acts from a child as a trafficking offense. The statutory rape law criminalizes sex with minors under 12 and sex with a child under 18 involving force, threat, or intimidation. The maximum penalty for child rape is 40 years in prison plus a lifetime ban from political office. The production, possession, and distribution of child pornography are illegal, and penalties range from one month to life in prison, plus fines of from 50,000 to five million pesos ($935 to $93,500), depending on the gravity of the offense.

While authorities endeavored to enforce the law, inadequate prosecutorial resources and computer evidence analysis were challenges to enforcing the law effectively. The government made serious efforts to address this crime and collaborated with foreign law enforcement, NGOs, and international organizations. Despite the penalties, law enforcement agencies and NGOs reported that criminals and family members continued to use minors unlawfully in the production of pornography and in cybersex activities. The country remained the top global internet source of online child pornography.

Child prostitution continued to be a serious problem as well, and the country remained a destination for foreign and domestic child sex tourists. The government continued to prosecute accused pedophiles and deport those who were foreigners. Additionally, the live internet broadcast of young Filipino girls, boys, and sibling groups performing sex acts for paying foreigners continued. To reduce retraumatization of child victims and spare children from having to testify, the government increased its use of plea agreements in online child sexual exploitation cases. In June, for example, two foreign pedophiles pled guilty 37 days after their arrest. The National Bureau of Investigation and the PNP worked closely with the labor department to target and close facilities suspected of prostituting minors. The PNP reported 93 child trafficking cases involving 196 persons. Of the total, 56 were victims of prostitution while 24 involved online sexual exploitation of children.

Displaced Children: While there are no recent, reliable data, involved agencies and organizations agreed that there are hundreds of thousands of street children in the country. The problem was endemic nationwide and encompassed local children and the children of IDPs, asylum seekers, and refugees. Many street children were involved in begging, garbage scavenging, and petty crime.

Service agencies, including the DSWD, provided residential and community-based services to thousands of street children nationwide, including in a limited number of residential facilities and the growing Comprehensive Program for Street Children, Street Families, and Indigenous Peoples. This program included activity centers, education and livelihood aid, and community service programs.

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

Anti-Semitism

An estimated 2,000 persons of Jewish heritage, almost all foreign nationals, lived in the country. There were no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

The constitution prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. In June, President Duterte signed the Philippine Mental Health Law aimed at providing affordable and accessible mental health services. Other laws provide for equal access for persons with disabilities to all public buildings and establishments.

The National Council for Disability Affairs formulated policies and coordinated the activities of government agencies for the rehabilitation, self-development, and self-reliance of persons with disabilities and their integration into the mainstream of society.

The law was not effectively enforced, and many barriers remained for persons with disabilities. Advocates for persons with disabilities contended that equal access laws were ineffective due to weak implementing regulations, insufficient funding, and inadequately focused integrative government programs. The great majority of public buildings remained inaccessible to persons with physical disabilities. Many schools had architectural barriers that made attendance difficult for persons with disabilities. Government efforts to improve access to transportation for persons with disabilities were limited.

Persons with disabilities continued to face discrimination and other challenges in finding employment (see section 7.d.).

Some children with disabilities attended schools in mainstream or inclusive educational settings. The Department of Education’s 648 separate education centers did not provide nationwide coverage, and the government lacked a clear system for informing parents of children with disabilities of their educational rights and did not have a well defined procedure for reporting discrimination in education.

From January to June, the DSWD provided services to 3,374 persons with disabilities in assisted-living centers and community based vocational centers nationwide, significantly more than reported in 2017. If a person with disabilities suffered violence, access to after-care services was available through the DSWD, crisis centers, and NGOs. Of local government units, 60 percent had a Persons with Disability Office to assist in accessing services including health, rehabilitation, and education.

The constitution provides for the right of persons with physical disabilities to vote. The Commission on Elections determines the capacity of persons with mental disabilities to vote during the registration process, and citizens may appeal exclusions and inclusions in court. A federal act authorizes the commission to establish accessible voting centers exclusively for persons with disabilities and senior citizens.

Indigenous People

Although no specific laws discriminate against indigenous people, the geographical remoteness of the areas many inhabit and cultural bias prevented their full integration into society. Indigenous children often suffered from lack of health care, education, and other basic services. Government officials indicated that approximately 80 percent of the country’s government units complied with the long-standing legal requirement that indigenous peoples be represented in policy making bodies and local legislative councils.

The National Commission on Indigenous Peoples, a government agency staffed by tribal members, was responsible for implementing constitutional provisions to protect indigenous peoples. It has authority to award certificates identifying “ancestral domain lands” based on communal ownership, thereby stopping tribal leaders from selling the land. Additionally, the commission studies “ancestral sea” claims, since some indigenous groups, such as the Sama-Bajau, who customarily lived in western Mindanao, traditionally practiced migratory fishing. No “ancestral sea” claims were approved, and the lack of access to traditional fishing grounds contributed to the displacement of many Sama-Bajau.

Armed groups frequently recruited from indigenous populations. Indigenous peoples’ lands were also often the site of armed encounters related to resource extraction or intertribal disputes, which sometimes resulted in displacement or killings. In December 2017, eight Lumad persons were killed in a firefight with the AFP in South Cotabato, Mindanao. An internal AFP investigation reported that the army had responded to valid reports of 25 armed NPA members encamped near the Lumad lands to recruit members from the group. The NGO network Karapatan filed a complaint with the CHR, alleging the AFP massacred the Lumads who were simply defending their ancestral lands. The CHR investigation was underway as of November.

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

National laws neither criminalize consensual same-sex sexual conduct among adults nor prohibit discrimination based on sexual orientation and gender identity. Eighteen cities, six provinces, three barangays, and one municipality have enacted a version of an antidiscrimination ordinance that protects lesbian, gay, bisexual, and transgender–but not intersex–rights.

Officials prohibit transgender individuals from obtaining passports that reflect their gender identity. Authorities print the sex assigned at birth, as reported on the certificate of birth, in the individual’s passport, which posed difficulty for transgender persons seeking to travel, including instances of transgender individuals denied boarding.

NGOs reported incidents of discrimination and abuse against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons, including in employment (see section 7.d.), education, health care, housing, and social services. In August a restaurant denied entry to a transgender patron and her friends, allegedly because transgender individuals harassed customers the previous evening. The patron returned with local government officials to receive an explanation and posted a social media video about the confrontation. Afterwards Congresswoman Geraldine Roman said she would file a resolution in Congress to investigate the incident.

HIV and AIDS Social Stigma

The law prohibits discrimination against persons with HIV/AIDS, including in access to basic health and social services. Nevertheless, there was anecdotal evidence of discrimination against HIV/AIDS patients in the government’s provision of health care, housing, employment, and insurance services (see section 7.d.).

Other Societal Violence or Discrimination

From January to July, the Children’s Legal Rights and Development Center recorded 18 children’s deaths in either police operations or vigilante-style killings connected to the antidrug campaign.

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