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Afghanistan

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: Implementation and awareness of a government decree regarding violence against women remained a serious problem under the pre-August 15 government. The decree criminalizes 22 acts of violence against women, including rape, battery or beating, forced marriage, humiliation, intimidation, and deprivation of inheritance. The law criminalizes rape against both women and men. The law provides for a minimum sentence of five to 16 years’ imprisonment for conviction of rape, or up to 20 years if one or more aggravating circumstances are present. If the act results in the death of the victim, the law provides for a death sentence for the perpetrator. The law criminalizes statutory rape and prohibits the prosecution of rape victims for zina. The law provides for imprisonment of up to seven years for conviction of “aggression to the chastity or honor of a female [that] does not lead to penetration to anus or vagina.” Under the law, rape does not include spousal rape. Pre-August 15 government authorities did not always enforce these laws, although the government was implementing limited aspects of the decree, including through dedicated prosecution units. Women and girls with disabilities were at increased risk for sexual abuse.

Prosecutors and judges in rural areas were frequently unaware of the decree or received pressure to release defendants due to familial loyalties, threat of harm, or bribes, or because some religious leaders declared the law “un-Islamic.” Female survivors faced stringent or violent societal reprisal, ranging from imprisonment to extrajudicial killing.

The law criminalizes forced gynecological exams, which acted as “virginity tests,” except when conducted pursuant to a court order or with the consent of the subject. Awareness and enforcement of the restrictions on forced gynecological exams remained limited. There were reports police, prosecutors, and judges continued to order the exams in cases of “moral crimes” such as zina. Pre-August 15 government doctors, frequently men, conducted these exams, often without consent. Women who sought assistance in cases of rape were often subjected to the exams.

The law for the pre-August 15 government criminalized assault, and courts convicted domestic abusers under this provision, as well as under the “injury and disability” and beating provisions in the relevant decree. According to NGO reports, millions of women continued to suffer abuse at the hands of their husbands, fathers, brothers, in-laws, and other individuals. The AIHRC announced that of 3,477 cases of violence against women recorded with its organization in the first 10 months of 2020, 95.8 percent of cases involved a family-member perpetrator and that the home environment was the most dangerous place for women in the country. State institutions, including police and judicial systems, failed to adequately address such abuse. Lockdowns due to the COVID-19 pandemic forced women to spend more time at home, reportedly resulting in increased incidence of domestic violence as well as additional stress on already limited victim-support systems. One such incident included a man from Paktika Province who cut off his wife’s nose with a kitchen knife in May. The woman, who regularly faced physical abuse by her husband, was reportedly seeking to leave the abusive relationship when her husband attacked her.

Due to cultural normalization and a view of domestic violence as a “family matter,” domestic violence often remained unreported. The justice system’s response to domestic violence was insufficient, in part due to underreporting, a preference for mediation, sympathy toward perpetrators, corruption, and family or tribal pressure. According to an HRW report published in August, there were dedicated prosecution units in all 34 provinces as of March and specialized courts – at least in name – with female judges in 15 provinces, and dedicated court divisions expanded to operate at the primary and appellate levels in all 34 provinces.

Space at the 28 women’s protection centers across the country was sometimes insufficient, particularly in major urban centers, and shelters remained concentrated in the western, northern, and central regions of the country, under the pre-August 15 administration. Some women did not seek legal assistance for domestic or sexual abuse because they did not know their rights or because they feared prosecution or being sent back to their family or to the perpetrator. Cultural stigmatization of women who spent even one night outside the home also prevented women from seeking services that may bring “shame” to herself or her family.

At times, women in need of protection ended up in prison, either because their community lacked a protection center or because “running away” was interpreted as a moral crime. Adultery, fornication, and kidnapping are criminal offenses. Running away from home is not a crime under the law, and both the Supreme Court and the Attorney General’s Office issued directives to this effect, but some local authorities continued to detain women and girls for running away from home or “attempted zina.” The pre-August 15 government’s Ministry of Women’s Affairs, as well as nongovernmental entities, sometimes arranged marriages for women who could not return to their families (see also section 6, Children, Child, Early, and Forced Marriage).

On September 19, Taliban gunmen entered a women’s shelter in Kabul by force, interrogated staff and residents for several hours and forced the head of the shelter to sign a letter promising not to allow the residents to leave without Taliban permission. The Taliban told the shelter operator they would return married shelter residents to their abusers and marry the single residents to Taliban soldiers.

Additionally, sources in September reported the Taliban were conducting “audits” of women’s shelters and women’s rights organizations, including those that provided protection services. These audits were enforced with intimidation through the brandishing of weapons and threats of violence. Equipment, including computers, paper files, and other documentation, was confiscated, and staff reported being aggressively questioned regarding their activities and possible association with the United States. Essential service providers either reduced or ceased their services altogether, citing fear of putting battered women, an already vulnerable demographic, at greater risk of violence and harm.

Other Harmful Traditional Practices: Under the 2004 constitution, the law criminalizes forced, underage, and baad marriages (the practice of settling disputes in which the culprit’s family trades a girl to the victim’s family) and interference with a woman’s right to choose her spouse. NGOs reported instances of baad were still practiced, often in rural areas. The practice of exchanging brides between families was not criminalized and remained widespread. “Honor killings” continued throughout the year.

Sexual Harassment: The law under the pre-August 15 government criminalized all forms of harassment of women and children, including physical, verbal, psychological, and sexual harassment. By law all government ministries are required to establish a committee to review internal harassment complaints and support appropriate resolution of these claims. Implementation and enforcement of the law under the pre-August 15 government remained limited and ineffective. Media reported that the number of women reporting sexual harassment increased compared with prior years, although some speculated this could be an increased willingness to report cases rather than an increase in the incidence of harassment. Women who walked outside alone or who worked outside the home often experienced harassment, including groping, catcalling, and being followed. Women with public roles occasionally received threats directed at them or their families.

Prior to the August 15 Taliban takeover, businesswomen faced a myriad of challenges from the “traditional” nature of society and its norms regarding acceptable behavior by women. When it was necessary for a businesswoman to approach the government for some form, permit, or authorization, it was common for a male functionary to ask for sexual favors or money in exchange for the authorization.

After the Taliban takeover, most women-led businesses suspended operations due to the ongoing liquidity crisis and fear of violating Taliban edicts against women in the marketplace.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities. Under the pre-August 15 government, married couples had the legal right to decide the number, spacing, and timing of their children. The Family Law (2019), which was in effect by promulgation of a presidential proclamation (although parliament never passed it), outlines individuals’ rights to reproductive health. There were no recent, reliable data regarding reproductive rights. According to the 2015 Afghanistan Demographic and Health Survey, only 5 percent of women made independent decisions concerning their own health care, while 44 percent reported that their husbands made the decisions for them.

According to UNICEF, more than 50 percent of girls in the country started their period without knowing what to expect or understanding why it was happening, and 30 percent of female students in the country were absent during menstruation because schools did not have adequate water, sanitation, and hygiene facilities.

Having a child outside of wedlock is a crime according to the pre-August 15 government’s penal code and is punishable by up to three years’ imprisonment for both men and women. Mothers faced severe social stigma for having a child out of wedlock, even when the pregnancy was a result of rape. Abortion or ending a pregnancy was classified as a crime under the law and was punishable by three months’ to one year’s imprisonment.

Women must obtain their husband’s consent to use contraception under the law. Barriers impacting reproductive health care or obstetrical care included many men preventing their wives from receiving care from male doctors or from having a male doctor in attendance at the birth of a child. Sources in October reported continued availability of contraceptives after the Taliban takeover of Kabul.

Persons with disabilities faced increased barriers to reproductive health resources as a result of decreased access to transportation, education, and social support. LGBTQI+ persons, already disadvantaged prior to August 15, faced further barriers to accessing reproductive health resources after the Taliban takeover. The already fragile community, which provided some resources to its members, largely disintegrated as members either fled the country or went into deep hiding. Widespread discrimination and abuse prevented most members from seeking reproductive or sexual-health assistance from all but the most trusted confidants.

Families and individuals in cities generally had better access to information than did those living in rural areas. According to the United Nations, the rate of contraceptive use among married women was 35 percent for those living in urban areas compared with 19 percent in rural areas. According to the pre-August 15 government’s Ministry of Public Health, while there was wide variance, most clinics offered some type of modern family planning method.

The World Health Organization reported that the country had 638 maternal deaths per 100,000 live births in 2017 (the last year of reported data). A survey conducted by the Central Statistics Organization in the provinces of Bamyan, Daikundi, Ghor, Kabul, Kapisa, and Parwan concluded that many factors contributed to the high maternal death rate, including early pregnancy, narrowly spaced births, and high fertility. Some societal norms, such as a tradition of home births and the requirement for some women to be accompanied by a male relative to leave their homes, led to negative reproductive health outcomes, including inadequate prenatal, postpartum, and emergency obstetric care. Access to maternal health care services was constrained by the limited number of female health practitioners, including an insufficient number of skilled birth attendants. Additionally, the conflict environment and other security concerns limited women’s safe access to health services of any kind.

Since their takeover, the Taliban permitted women to continue their roles as health practitioners, but many women were afraid to return to work due to safety and security concerns related to the Taliban’s stated policies restricting women in the workplace. After August 15, the ever-smaller number of qualified female health practitioners steeply increased the risk of poor health outcomes for women.

Discrimination: Prior to the Taliban’s takeover, women who reported cases of abuse or who sought legal redress for other matters reported they experienced discrimination within the justice system. Some observers, including female judges, asserted that discrimination was a result of faulty implementation of law. Limited access to money and other resources to pay fines (or bribes) and the social requirement for women to have a male guardian affected women’s access to and participation in the justice system. Women do not have equal legal rights, compared to men, to inherit assets as a surviving spouse, and daughters do not have equal rights, compared to sons, to inherit assets from their parents. By law women may not unilaterally divorce their husbands but must obtain their husband’s consent to the divorce, although men may unilaterally divorce their wives. Many women petitioned instead for legal separation. According to the family court in Kabul, during the year women petitioned for legal separation twice as frequently as in the previous year.

Prosecutors and judges in some provinces continued to be reluctant to use the decree related to domestic violence, and judges sometimes replaced those charges with others based on other legal provisions.

The law provides for equal work without discrimination, but there are no provisions for equal pay for equal work. The law criminalizes interference with a woman’s right to work. Women faced discrimination in access to employment and terms of occupation.

After August 15, the Taliban prohibited most female government employees from working, although the Taliban claimed they continued to pay their salaries. Afghanistan Women Chamber of Commerce and Industry (AWCCI) executives sought meetings with the Taliban-controlled Ministry of Economy after the takeover to get clarity on whether the Taliban would allow the estimated 57,000 women-led private businesses in the country to remain open. The AWCCI stated they failed to get a formal meeting with high-level Taliban decisionmakers but were assured informally that women would be allowed to work “if that work conformed with Islamic law.”

Prior to August 15, in the Taliban-controlled areas of the country many women and girls could not decide whom they would marry or at what age, or object to beatings by their husbands. In Jowzjan’s Darzab district, a Taliban commander raped and killed a 16-year-old girl when the family refused to allow her to marry a Taliban fighter.

On April 28, the Taliban published an article, “Feminism as a Colonial Tool,” on its website, accusing the West of using feminism to justify its “invasion, subjugation and bullying of Muslims.” The article asserted the “man-made” concept of women’s rights has “destructive effects on human society” and that women’s rights must be defined by Islam.

Albania

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: Rape, including spousal rape, is a crime; the law also includes provisions on sexual assault. Penalties for rape and sexual assault depend on the age of the victim. For rape of an adult, the penalty is three to 10 years in prison. The government did not enforce the law effectively. Authorities did not disaggregate data on prosecutions for spousal rape. The concept of spousal rape was not well understood, and authorities often did not consider it a crime.

The law on domestic violence extends protection to victims in a relationship or civil union and provides for issuance of a protective order that automatically covers children as well. In November 2020 parliament amended the law to provide for ordering the abuser to leave the premises of the victim. Police operated an automated application issuance process within the police case management system that allowed for rapid issuance of protective orders and produced a record of orders issued. A National Strategy for Gender Equality 2021-2030 and its action plan were adopted in June and focused on the empowerment of women and the advancement of gender equality.

In April the Ministry of Health and Social Protection approved a protocol for operating shelters for victims of domestic violence and trafficking during the COVID-19 pandemic. The protocol provides services to victims of domestic violence and trafficking while following guidance on social distancing. The ministry posted a video message reminding citizens to report any case of suspected domestic violence and provided a hotline and police number on its web page.

As of August, police reported 33 cases of alleged sexual assault. NGOs reported high levels of domestic violence against women, and police reported 3,563 cases of domestic violence as of August. In 2,205 cases, a protection order was issued. As of August, 13 women had been killed by their partners.

State Social Services reported that 30 women and 33 children were accommodated in the national reception center for victims of domestic violence as of August. Social Services also reported there were 25 other centers around the country to deal with domestic violence cases with counseling and long-term services. State Social Services faced challenges in terms of employment and education because 75 percent of domestic violence survivors were from rural areas and did not have appropriate education. The government also operated a crisis management center for victims of sexual assault at the Tirana University Hospital Center.

Sexual Harassment: The law prohibits sexual harassment, but officials rarely enforced it. The commissioner for protection from discrimination generally handled cases of sexual harassment and could impose fines. Police reported 33 cases of sexual harassment as of August.

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

While there are no legal barriers to access to contraceptives, which were provided free of charge to insured women, women and girls often did not use this right for a variety of reasons, including fear of stigma from health-care service providers and members of their community. Some women and girls, particularly those living in remote, rural areas, faced significant challenges in accessing essential sexual and reproductive health services. Women from disadvantaged and marginalized groups, such as women with disabilities, members of the lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) community, Roma, and Balkan-Egyptian women, were often unaware of their rights to reproductive health services.

The Ministry of Health and Social Protection operated the Lilium Center in Tirana with the support of the UN Development Program (UNDP) to provide integrated services to survivors of sexual violence. The center was in a hospital setting and provided health-care services, social services, and forensic examinations at a single location by professionals trained in cases of sexual violence. Emergency contraception was prescribed or offered within the first five days after abusive sexual intercourse or rape; the contraceptive was suggested to be given as soon as possible to maximize effect. From its creation in 2018 through July, the center provided services to 85 survivors. Survivors in remote areas of the country did not have many options for assistance and support in their areas. Unless they were identified by authorities and brought to Tirana, they could only be referred to shelters for victims of trafficking.

Discrimination: The law provides the same legal status and rights for women as for men. Women were underrepresented in many fields at the highest levels. The law mandates equal pay for equal work, although many private employers did not fully implement this provision. In many communities, women experienced societal discrimination based on traditional social norms subordinating women to men.

There were reports of discrimination in employment. Through August the commissioner for protection from discrimination managed 94 cases of employment discrimination, 74 of which were against public entities and 21 against private entities. The complaints alleged discrimination based mainly on political affiliation, health conditions, or disability. The commissioner ruled in favor of the employee in 16 cases, 15 of which were against public entities and one against private entities. Through August the commissioner had received 17 complaints of discrimination based on gender and ruled in favor of the employee in two cases. Through August the commissioner found five cases of discrimination on grounds of disability.

Gender-biased Sex Selection: According to official figures, in 2020 the ratio of boys to girls at birth was 107 to 100. There were no government-supported efforts to address the imbalance.

Algeria

Andorra

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law prohibits rape of either gender, including spousal rape, both of which are punishable by up to 15 years’ imprisonment. It penalizes domestic physical or psychological violence with a prison sentence of up to three years. Authorities enforced the law effectively.

The Service for the Assistance of Victims of Gender Violence of the government’s Area of Equality Policies in the Ministry of Social Affairs, Youth, and Equality assisted 62 new survivors from January to June. The service also continued to support some of the 236 persons from the previous year. The service provided comprehensive medical and psychological help as well as legal assistance to survivors of gender violence and domestic violence. Additionally, the government temporarily placed abused women and their children in a shelter, in a hotel, or with voluntary foster families. The national hotline for survivors continued to function as a 24-hour service. Survivors of domestic and gender-based violence could also report abuse by saying the words “purple code” to hospital workers or law enforcement agents to activate all relevant assistance protocols. Survivors could also request help from the nongovernmental organizations (NGOs) Andorran Women’s Association (ADA), and Accio Feminista Andorra, with which the Ministry of Social Affairs, Youth, and Equality has a memorandum of understanding that establishes a survivor’s assistance collaboration framework.

The Area of Equality Policies, an entity of the Ministry of Social Affairs, Youth, and Equality, promoted and developed programs to prevent and fight against gender and domestic violence as well as any other forms of inequality. The area, in coordination with the University of Andorra, trained on gender violence more than 200 professionals including social workers in the national and municipal administrations, lawyers, psychologists, and law enforcement agents. At high schools the area also organized training workshops on gender violence, harassment, and equality.

To mark the International Day for the Elimination of Violence against Women the government launched an awareness campaign with other national institutions, including the ombudsman, law enforcement agencies, the judiciary and civil society organizations.

Sexual Harassment: The law prohibits sexual harassment under the provisions for other sexual aggressions, punishable by three-months’ to three years’ imprisonment. As of September, no cases were reported to authorities. Survivors were reluctant to file a complaint due to fear of reprisal.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of governmental authorities. The government provided access to sexual and reproductive health services for survivors of sexual violence.

Discrimination: The law provides for the same legal status and rights for women as for men. The law also prohibits discrimination privately or professionally with fines up to 24,000 euros ($27,600). The government enforced the law effectively.

Angola

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: Rape, including spousal rape and intimate partner rape, is illegal and punishable by up to 12 years’ imprisonment if convicted, depending on aggravating situations. Limited investigative resources, poor forensic capabilities, and an ineffective judicial system prevented prosecution of most cases. The Ministry of Justice and Human Rights worked with the Ministry of Interior to increase the number of female police officers and to improve police response to rape allegations.

The law criminalizes domestic violence and penalizes offenders with prison sentences of up to eight years and monetary fines, depending on the severity of their crime. The Ministry of Justice and Human Rights maintained a program with the Angolan Bar Association to give free legal assistance to abused women and established counseling centers to help families cope with domestic abuse.

According to the Ministry of Social Assistance, from January to August there were 639 reports of family-based violence, of which 588 victims were women. Reports decreased significantly from 2020, which reported more than 1,000 cases through May. Prosecutions were reportedly rare. In October the ministry joined an education campaign started by musician Sarissari called “Silencio Mata” (Silence Kills), which aimed to raise the awareness of domestic violence in the country.

Other Harmful Traditional Practices: There were anecdotal reports that some communities abused women and children due to accusations the latter practiced witchcraft. The Ministry of Culture and the National Institute for Children (INAC) had educational initiatives and emergency programs to assist children accused of witchcraft.

Sexual Harassment: Sexual harassment was common and not illegal. It may be prosecuted, however, under assault and battery and defamation statutes.

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

Persons living in rural areas faced more barriers to access of sexual and reproductive health services and postabortion emergency services than urban dwellers due to a lack of resources and health programs in those areas. According to 2015-16 World Health Organization (WHO) data, 62 percent of women between the ages of 15 and 49 made their own informed decisions regarding reproductive health care, contraceptive use, and sexual relations. Some cultural views, such as that women have a responsibility to bear children, and religious objections to using contraception limited access to reproductive health services. The WHO reported there were four nursing and midwifery personnel per 10,000 inhabitants in the country (2010-18 data). For survivors of sexual violence, the law on domestic violence provides for legal and medical assistance, access to shelter spaces, and priority care assistance to obtain legal evidence of the crime. Emergency contraception was available as clinical management of rape.

According to a 2017 WHO report, the country’s maternal mortality rate was 241 deaths per 100,000 live births, which was a significant reduction from 431 deaths in 2007 and 827 deaths in 2000. High maternal mortality was due to inadequate access to health facilities before, during, and after giving birth, a lack of skilled obstetric care, and early pregnancy. The WHO data reported a high adolescent birth rate of 163 births per 1,000 women between the ages of 15 and 19. A UN Population Fund report found that six of 10 teenage girls who abandoned school did so due to pregnancy. According to 2010-19 data, 30 percent of women of reproductive age had their need for family planning satisfied with modern methods. UNICEF reported in 2016 that 50 percent of births in the country were attended by skilled health personnel.

According to an official in the Ministry of Public Administration, Labor, and Social Security, lack of running water and sanitary facilities at some schools disproportionately affected teenage girls, causing them to not attend school for several days each month while they are having their period. The cumulative effect of lost class time was detrimental to their success in school, leading struggling students to drop out and enter the work force.

Discrimination: Under the constitution and law, women enjoy the same rights and legal status as men. The government, however, did not enforce the law effectively, and societal discrimination against women remained a problem, particularly in rural areas. Customary law prevailed over civil law, particularly in rural areas, and at times had a negative effect on a woman’s legal right to inherit property.

The law provides for equal pay for equal work, although women generally held low-level positions. There were legal restrictions on women’s employment in occupations and industries compared to men, including in jobs deemed hazardous, factory jobs, and those in the mining, agriculture, and energy sectors. The Ministry of Social Assistance led an interministerial information campaign on women’s rights and domestic abuse and hosted national, provincial, and municipal workshops and training sessions.

Antigua and Barbuda

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law establishes sentences ranging from 10 years’ to life imprisonment for conviction of the rape of women. The law also addresses rape of men and establishes sentences of five years’ to life imprisonment if convicted. Spousal rape is illegal under certain limited circumstances, such as after a legal separation, with a punishment of 15 years’ imprisonment if convicted. No spousal rape cases were filed in 2020. Authorities stated three rape cases were prosecuted in 2020, but the charges were withdrawn in all three. The officials stated that historically a significant percentage of rape cases were dismissed either for lack of evidence or because the victim declined to press charges. Government authorities declared that 12 sexual offenses cases in 2020 were discontinued. In nine of them, the complainants no longer wished to proceed with prosecution, in two there was insufficient evidence, and in the final one the accused died. The sexual offenses cases covered unlawful sexual intercourse, rape, and indecent assault.

Violence against women, including spousal abuse, continued to be a serious problem. The law prohibits domestic violence, but the law was not enforced. Anecdotal media reports suggested that police failed to fully carry out their obligations on domestic violence.

Authorities stated they had several domestic-violence programs, including training for law enforcement officers, health-care professionals, counselors, social workers, immigration officers, and army officers.

Sexual Harassment: The law covers indecent assault, incest, rape, and indecent exposure but does not prohibit sexual harassment. Authorities stated that during the year 10 men were prosecuted for unlawful sexual intercourse: seven were convicted, one was acquitted, and charges were dropped in two cases. The government also stated there were two prosecutions for indecent assault with two convictions and one case where charges were dropped.

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

There were no legal or social barriers to accessing contraception, but some religious beliefs and cultural barriers limited its usage.

The government provided access to sexual and reproductive health services, including emergency contraception for survivors of sexual violence through the Ministry of Social Transformation and the Blue Economy.

Discrimination: The law provides the same legal status and rights for women and men. Government officials declared that the law requires equal pay for equal work. The law does not specifically prohibit sexual harassment in the workplace. The labor code stipulates it is unlawful for an employer to discriminate against an individual because of his or her gender. The Ministry of Labour reported that it did not receive any complaints of employment discrimination during the year.

Sexual Exploitation of Children: Child pornography is illegal and subject to large fines and up to 20 years in prison. The minimum age for consensual sex is 16.

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

Area Administered by Turkish Cypriots

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The “law” criminalizes rape of men and women, 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 March there were multiple reports of violence against women. One man was arrested in north Nicosia for beating his wife with a stick, another man was arrested for breaking a woman’s finger after a dispute concerning a divorce case at the “court” in Famagusta, and three persons (including a relative) were arrested for repeatedly raping a 17-year-old girl. The girl was seven-and-a-half months pregnant.

According to a survey of local women conducted by the Nicosia Turkish Municipality’s Side by Side Against Violence Project in February 2020, 60 percent of women were subjected to psychological violence, and 40 percent of women were subjected to physical violence. Survey results also showed that one out of every four women had been exposed to sexual violence and one out of every four women had been exposed to economic violence – defined by the project as the manipulation of economic resources or money as a means of sanction, intimidation, or control over women. Two out of every 10 women had been threatened with physical violence.

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.

According to the Combatting Violence against Women Unit, 871 women filed complaints to the unit’s hotline seeking help between January-October. In 2020 a total of 1,063 women called the hotline and filed complaints or sought help.

In October the Coordination Center for Combating Domestic Violence, a joint effort of the “government,” the Nicosia Turkish Municipality Shelter House, police, and the SOS Children’s orphanage held a special training session on domestic violence for 100 police officers from the Combating Violence against Women Unit.

In November, Meral Akinci, Chair of the Association for Women who Support Living (KAYAD) reported that according to KAYAD’s research, one in every five women surveyed suffered from domestic violence. Akinci added that the survey indicated one in five women suffered from economic abuse in the form of spouses either seizing their salary or applying for a bank loan in their name without their consent.

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. The NGO Voice of International Students in Cyprus (VOIS) reported widespread sexual harassment of female international students and noted that police routinely dismissed complaints of sexual harassment from international students. The organization reported in March that an international student was raped by her landlord’s friend. The perpetrator allegedly tried to bribe the victim to keep her from reporting the incident to police. Although the victim sought help from local NGOs, as of year’s end, police had not opened an investigation.

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

Authorities did not provide access to sexual and reproductive health services for survivors of sexual violence. No publicly funded services were available to survivors of sexual violence. Emergency contraception was not available as part of clinical management of rape.

Some doctors in the private and public sectors required women to have their husband’s consent to proceed with sterilization, although the law does not require such consent.

According to KAYAD, women living in northern Cyprus did not have free access to contraception, one out of every four women was under pressure from their spouse not to use contraception, and abortion services were not provided at public hospitals upon request.

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. Some female teachers working at private schools were dismissed from their duties for being pregnant during or at the beginning of the school year.

Argentina

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: Rape of men and women, including spousal rape, is a crime. The penalties range from six months’ to 20 years’ imprisonment, depending on the ages of the perpetrator and victim, their relationship, the use of violence, and other factors. Most perpetrators received penalties between six and 15 years’ imprisonment. There were anecdotal reports of police or judicial reluctance to act on rape cases; women’s rights advocates alleged the attitudes of police, hospitals, and courts toward survivors of sexual violence sometimes victimized them again, often by forcing them to recount details of their trauma, conflating silence with consent, or admitting as evidence their past sexual history.

The law prohibits domestic violence, including spousal abuse. Survivors may secure protective measures. The laws were generally enforced, and survivors generally had access to protective measures. The law imposes a stricter penalty than murder on those who kill their spouses, partners, or children as a consequence of their gender. According to local NGOs, lack of police and judicial vigilance often led to a lack of protection for victims. The law requires all federal employees to receive training on gender and gender-based violence. The law was enforced, including for cabinet-level officials and the president. In June training on gender and gender-based violence also became a requirement for all persons applying for their first driver’s license.

The National Register of Femicides, maintained by the Supreme Court’s Office of Women, recorded that 287 women died because of domestic or gender-based violence during 2020. As of June 30, the National Ombudsman’s Office reported 137 women had died due to violence. Approximately 18 percent of the victims had previously filed formal complaints.

The ministry operated a 24-hour hotline for victims of gender-based violence and created emergency WhatsApp and email contact channels for victims unable to use the telephone. The Supreme Court’s Office of Domestic Violence provided around-the-clock protection and resources to victims of domestic violence. The office also carried out risk assessments necessary to obtain a restraining order. Public and private institutions offered prevention programs and provided support and treatment for abused women. A national network of shelters included 89 facilities. The law provides for the financial support of children who lost their mothers to gender-based violence; however, many families complained of delays in receiving payment. As of April an estimated 860 children and young adults had received support through the program.

Sexual Harassment: The law prohibits sexual harassment in public spaces and imposes disciplinary or corrective measures. In some jurisdictions, such as the city of Buenos Aires, sexual harassment could lead to the abuser’s dismissal, whereas in others, such as Santa Fe Province, the maximum penalty is five days in prison. The law does not prohibit sexual harassment in employment more broadly.

In December 2020 a new law entered into force that condemns harassment, especially sexual harassment, in work environments, both in the public and private sectors. This law effectively follows the precepts of the International Labor Organization’s Convention 190 on Eliminating Violence and Harassment in the World of Work.

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

With the slogan “End Forced Sterilizations,” several human rights organizations launched a campaign in October 2020 to change a 2006 law they argued had led to the sterilizations of many persons with disabilities without their consent. The law was written to provide all citizens with access to certain surgical contraceptive measures but allows legal representatives to provide consent for any individual declared legally incompetent. The organizations argued that this loophole, along with broad societal acceptance of forced sterilizations of individuals with disabilities, had led to extensive use of the practice.

Access to sexual and reproductive health services, information, and contraception was generally available, although access could be limited for indigenous or rural populations. Local media reported that indigenous pregnant women in Formosa Province were being forcibly taken to hospitals to induce their labor and have cesarean sections performed because of COVID-19 protocols. In April the Inter-American Commission on Human Rights issued a resolution suspending these protocols while an investigation could be conducted. The Inter-American Court of Human Rights lifted the commission’s measures on July 11, noting that at least five of the seven women had given birth and that their representatives had yet to provide sufficient proof of their allegations. Legal representatives supporting the women said they were partly unable to gather testimony and evidence because witnesses were afraid of reprisals from state and national authorities.

The government provided access to sexual and reproductive health services for survivors of sexual violence, including emergency contraception as part of clinical management of rape.

In August the National Directorate of Sexual and Reproductive Health reported that authorities in Salta Province were unable to meet demand for health-care services, noting that 25 percent of the calls they received from Salta on their national hotline represented women and girls who were unable to access abortions in due time and form. In addition, social and cultural barriers adversely affected access. There were reports that provincial health-care providers and facilities, especially in remote and conservative regions, intentionally delayed and obstructed access to abortion. In December 2020 congress legalized abortion up to the 14th week of gestation. After this period the law permits medical professionals to perform abortions only in the case of rape or danger to the life of the mother.

Discrimination: The constitution provides the same legal status and rights for women and men and prohibits discrimination in employment based on gender. The government generally enforced the law, although discrimination remained a persistent and pervasive problem in society.

The Supreme Court’s Office of Women trained judges, secretaries, and clerks to handle court cases related to gender problems and to provide equal access for women to positions in the court system. The office also trained judges, prosecutors, judicial staff, and law enforcement agents to increase awareness of gender-related crimes and develop techniques to address gender-related cases and victims.

Women are not able to work in all the same industries as men; there are restrictions on their employment in the mining, manufacturing, and transportation sectors. There are also restrictions on women working in jobs deemed hazardous or arduous.

Armenia

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: Rape is a criminal offense, and conviction carries a maximum prison sentence of 15 years; general rape statutes apply to the prosecution of spousal rape. Domestic violence was prosecuted under general statutes dealing with violence and carried various sentences depending on the charge (murder, battery, light battery, rape, etc.). Overall, law enforcement bodies did not effectively investigate or prosecute allegations of domestic violence. Although police responded to domestic violence cases, few were successfully prosecuted. Domestic violence against women was widespread. For example on August 11, a 33-year-old Yerevan resident reportedly went to his former wife’s residence and killed her with a knife. According to media reports, he then turned himself in at the Shengavit Police Department and confessed to the crime. He was arrested on suspicion of murder. According to some officials, the absence of a definition of domestic violence in the criminal code hampered their ability to fight it.

In March 2020 the Ministry of Justice launched a two-year campaign to raise awareness of domestic violence and encourage the public to call police to report signs of domestic violence. The campaign included public service announcements, two social experiments (to see if individuals would react to signs of domestic violence and call for help), posters, and a social media campaign that reached more than 4.2 million viewers.

Narrow definitions in the law against family violence prevented abuse survivors who were not married or in common-law relationships with their partners from receiving protection and support under the law. The new criminal code adopted on May 5 and scheduled to enter into force in July 2022 would introduce the concept of violence by an intimate partner but does not define domestic violence. According to the NGO Coalition to Stop Violence against Women, while the law addresses prevention of domestic violence and protection of victims, there are no provisions on the punishment of abusers. During the year the government continued to support two domestic violence survivor support centers, available to women from throughout the country.

According to the Coalition to Stop Violence against Women, the law’s failure to include lack of consent in definitions of sexual violence crimes left many coerced sexual acts unpunished. There were reports that police, especially outside Yerevan, were reluctant to act in cases of sexual and domestic violence and discouraged women from filing complaints. According to the Sexual Assault Crisis Center NGO, the investigation of sexual violence cases did not differ from the investigation of any other criminal case in terms of secrecy, investigator sensitivity, or number of interrogations, and survivors were obliged to testify or otherwise participate in investigations multiple times, including in face-to-face encounters with their abusers. In reports on standard forensic examinations into alleged rape, the expert reportedly addressed whether the subject was a virgin. Most domestic violence cases were considered by law as offenses of low or medium seriousness, and the government did not hire enough female police officers and investigators for fieldwork to address these crimes appropriately.

According to the Coalition to Stop Violence against Women, gaps in legislation and improper enforcement of the law made it difficult for domestic violence survivors to access services. Police continued to offer warnings to abusers without taking any measures of protecting the survivor. Police may grant emergency protective orders, for up to 20 days, when one member of a family has committed violence against another and there a reasonable belief of imminent risk of repeated violence; individuals must apply to a court for longer-term protective orders. Violations of emergency protective orders and court protective orders are not punishable. While the law provides that emergency orders may be given for up to 20 days, in practice there were cases where restrictive orders were issued for as little as one day. Similarly, the law provides that protective orders should be issued within 10 working days, but often courts took one or two months to issue them.

In December 2020, after a three-year trial, the court sentenced Vladik Martirosyan to 19 years in prison for attacking his former wife, Taguhi Mansuryan, and her parents with an axe in 2016. Mansuryan’s mother died as a result of the attack, while Mansuryan and her father were gravely injured. The Coalition to Stop Violence against Women expressed its hope that, following years of light sentencing of domestic violence perpetrators, the sentence could be a turning point in achieving justice for victims.

As a result of the intensive fall 2020 fighting in the Nagorno-Karabakh conflict, approximately 100,000 persons were displaced into Armenia, an estimated 25,000 to 35,000 of whom were expected to remain in the country permanently, the majority of them women and girls. The fighting exacerbated the country’s deeply rooted gender inequities. Women and girls directly impacted by the fighting, including women and girls displaced from Nagorno-Karabakh and family members of those who were killed, injured, or missing in the fighting, were among the most vulnerable groups and were at imminent risk of further marginalization, exploitation, and gender-based violence.

Activists and NGOs that assisted victims of domestic violence or promoted gender equality were frequent targets of hate speech and criticized for allegedly breaking up “Armenian traditional families” and spreading “Western values.”

Sexual Harassment: Although the law addresses lewd acts and indecent behavior, it does not cover all the elements of sexual harassment. The law considers “sexual harassment” as a form of gender-based discrimination, including acts of a sexual nature having a verbal or physical manifestation or any situation aimed at humiliating dignity, intimidation, hostility, or degradation. It does not include reference to quid pro quo elements, such as demands that an individual agree to a sexual demand to receive a benefit at work or in another context. The labor code does not have any reference to sexual harassment, and there is no specific law prohibiting sexual harassment in the workplace or providing criminal penalties or civil remedies for sexual harassment in the workplace.

Observers believed sexual harassment of women in the workplace and the political arena was widespread and was not adequately addressed by the government. There is no confidential and secure system for submitting complaints on sexual harassment in the workplace, a taboo topic that was not covered in government awareness-raising campaigns or the Gender Equality Strategy and Plan of Actions for 2019-2023.

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

In its June submission to the Committee on the Elimination of Discrimination of Violence against Women (CEDAW), two NGOs, the Women’s Resource Center (WRC) and the Sexual Assault Crisis Center, reported a lack of access to appropriate and safe sexual and reproductive health-care services for women from marginalized groups. The state did not ensure accessibility of health services in remote rural areas, including emergency gynecological care, and did not ensure that health workers received adequate and continuing training on sexual and reproductive health practices with special attention to marginalized groups of women, including lesbian, bisexual, and transgender women; women with HIV; and Yezidi women. According to a different WRC report, during the COVID-19 pandemic and the fall 2020 fighting, women’s access to sexual and reproductive health services worsened, especially for those in vulnerable groups and women with disabilities.

Physical barriers, a lack of accessible information and communication, inaccessible training or treatment equipment, and health-care professionals who lacked relevant knowledge limited the access of women with disabilities – especially those in the rural areas – to health services, including sexual and reproductive health-care services. There were no sign language interpreters in medical institutions, and women therefore had to find a corresponding specialist, which was an expensive service. Persons with hearing and visual disabilities and persons with intellectual disabilities had no access to alternative formats for health-care-related information. Cultural barriers continued to impact access to sexual and reproductive health services. There were no government policies preventing individuals’ ability to be informed and access sexual and reproductive health services.

Emergency healthcare was available to manage any complications resulting from abortion. There were no government programs to provide access to sexual and reproductive health services for survivors of sexual violence.

Discrimination: Men and women enjoy equal legal status in all spheres, but discrimination based on gender was a problem in both the public and private sectors. There were reports of discrimination against women with respect to occupation, employment, and pay. The law does not prohibit discrimination in access to credit based on sex.

Gender-biased Sex Selection: Despite legislative changes banning such practices and related public-awareness campaigns, data on newborns continued to indicate a skewed sex ratio at birth. According to the Statistical Committee of Armenia, the boy-to-girl ratio at birth in 2020 was 110 to 100. Women’s rights groups considered gender-biased sex selection practices as part of a broader problem of gender inequality in the country.

Australia

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape of men and women, including spousal rape, and the government enforced the law effectively. The laws of individual states and territories provide the penalties for rape. Maximum penalties range from 12 years’ to life imprisonment, depending on the jurisdiction and aggravating factors.

The law prohibits violence against women, including domestic abuse, and the government enforced the law. The laws of individual states and territories provide the penalties for domestic violence. Violence against women remained a problem, particularly in indigenous communities. Indigenous women were 32 times as likely to be hospitalized due to family violence as nonindigenous women, according to a 2018 report.

According to a 2020 statement by the Australian Bureau of Statistics, the proportion of women who experienced partner violence in the last decade remained relatively stable. Women were more likely than men to be victims of domestic violence, including homicide, across all states and territories. The Institute of Criminology released a paper in February that analyzed the prevalence of domestic violence against women during the initial stages of the COVID-19 pandemic. The research showed that 4.2 percent of women had experienced physical violence from a cohabiting partner, while 5.8 percent had experienced coercive control. Aboriginal and Torres Strait Islander women, pregnant women, women with a long-term restrictive health condition, women from non-English speaking backgrounds, and younger women were more likely to experience physical or sexual violence or coercive control in the three months prior to the survey.

Federal and state government programs provide support for victims, including funding for numerous women’s shelters. Police received training in responding to domestic violence. Federal, state, and territorial governments collaborated on the National Plan to Reduce Violence against Women and their Children 2010-22, the first effort to coordinate action at all levels of government to reduce violence against women.

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

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

State and territorial governments provided comprehensive sex education and sexual health and family planning services. Women had access to contraception and skilled medical care, including attendance by skilled health-care workers during pregnancy and childbirth. Indigenous persons in isolated communities had more difficulty accessing such services, including menstrual health- and hygiene-related products, than the population in general. Cultural factors and language barriers also inhibited use of sexual health and family planning services by indigenous persons, and rates of sexually transmitted diseases and teenage pregnancy among the indigenous population were higher than among the general population. Government, at national and state and territory levels, provided access to sexual and reproductive health services for survivors of sexual violence.

Discrimination: The law provides the same legal status and rights for women and men, including under laws related to family, religion, personal status, labor, property, nationality, and inheritance, as well as employment, credit, pay, owning or managing businesses, education, and housing. The government enforced the law effectively.

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

Austria

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: Rape of women or men, including spousal rape, is punishable by up to 15 years’ imprisonment; domestic violence is punishable under the criminal code provisions for murder, rape, sexual abuse, and bodily injury. The government generally enforced the law, and law enforcement response to rape and domestic violence was generally effective. Police can issue, and courts may extend, an order barring abusive family members from contact with survivors. Police referred victims of domestic violence to special shelters.

Under the law, the government provides 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 Ministry for Women, Family, Youth and Integration and the labor chamber regularly provided information to the public on how to address sexual harassment.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities. There are no legal barriers or government policies that adversely affected access to contraception.

The government provided access to sexual and reproductive health services for survivors of sexual violence, and emergency contraception was available as part of the clinical management of cases of rape.

Discrimination: The law provides the same legal status and rights for women as for men, including under family, religious, personal status, and nationality laws, as well as laws related to labor, property, inheritance, employment, access to credit and owning or managing businesses or property. Women were subject to some discrimination in remuneration and representation in certain occupations.

Azerbaijan

Section 6. Discrimination and Societal Abuses

Women

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

In October a minor and her family went public regarding an alleged August 2020 rape after the Yasamal Prosecutor’s Office dismissed the case due to a purported lack of evidence. The family claimed the case was not taken seriously, as shown by a year of official inaction and mishandling of the investigation; the family attributed the mishandling to their activism and opposition party membership. The resulting media attention caused the Prosecutor General’s Office to reopen the case and place the accused offender in pretrial detention.

The law establishes a framework for the investigation of domestic violence complaints, defines a process to issue restraining orders, and calls for the establishment of a shelter and rehabilitation center for survivors. Some critics of the domestic violence law asserted that a lack of clear implementing guidelines reduced its effectiveness. Activists reported that police continued to view domestic violence as a family matter and did not effectively intervene to protect survivors, including in cases where husbands abused or killed their wives. On September 30, police sergeant Ismail Mammadov used his service weapon to kill his wife, Khanym Mammadova, in a Baku police station after she came to the station to report his frequent beatings.

The SCFWCA addressed the problem of domestic violence by conducting public awareness campaigns and working to improve the socioeconomic situation of domestic violence survivors. In November 2020 the president approved the National Action Plan to Combat Domestic Violence for 2020-23. The government and an independent NGO each ran a shelter providing assistance and counseling to survivors of trafficking and domestic violence. In December 2020 the SCFWCA, together with the UN Population Fund, established an emergency hotline for gender-based violence. Callers could use the hotline to access free legal assistance, counseling support, and information concerning gender and domestic violence.

On August 8, the Prosecutor General’s Office issued a statement that in the first six months of the year, 33 women were victims of premeditated murders by family members; the office urged the public to report instances of domestic violence to authorities. The statement followed the forced dispersal by police of activists rallying to call attention to the problem of domestic violence (see section 2.b., Freedom of Peaceful Assembly.)

Sexual Harassment: The government rarely enforced the prohibition of sexual harassment or pursued legal action against individuals accused of sexual harassment.

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

Contraception was not available through the national health care system but could be purchased from private outlets. The cost of contraceptives for persons with limited income, a lack of education, and a lack of counseling limited the usage of contraceptives. Patriarchal norms based on cultural, historical, and socioeconomic factors in some cases limited women’s reproductive rights. For example, it was expected that women would become pregnant without any delay upon marriage.

The government referred survivors of sexual violence to free medical care including sexual and reproductive services. Emergency contraception was not available as part of the clinical management of rape.

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

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

Bahamas

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: Rape of men or women is illegal, but the law does not protect against spousal rape unless the couple is separated or in the process of divorce, or unless there is a restraining order in place. The maximum penalty for an initial rape conviction is seven years in prison. The maximum sentence for subsequent rape convictions is life imprisonment; however, the usual sentence was 14 years in prison. The government generally enforced the law effectively, except at the detention facility and the safe house (see section 1.c.).

Violence against women worsened during the COVID-19 pandemic due in part to lockdowns and curfews that prevented victims from seeking safe havens or other assistance. The government did not implement long-standing civil society recommendations to address gender-based violence.

The government generally enforced the law on gender-based violence, although women’s rights groups cited reluctance by police to intervene in domestic disputes. The Ministry of Social Services sponsored temporary, privately owned safe-house shelters, but there was a shortage of transitional housing. The Bahamas Crisis Centre provided a counseling referral service, operated a toll-free hotline, and managed a WhatsApp hotline during the year.

Sexual Harassment: Sexual harassment was a serious problem. The law prohibits sexual harassment in employment and authorizes moderate penalties and a maximum of two years’ imprisonment. The government generally enforced the law effectively; however, sexual harassment was underreported. The government did not have any permanent programs on sexual harassment but conducted educational campaigns.

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

Barriers affecting access to contraception included limited access to sexual and reproductive health services on all but the two most-populated islands (New Providence and Grand Bahama) and sociocultural stigma regarding premarital sex. The age for heterosexual consent is 16 (18 for homosexual consent), but the age for receiving contraception and other health services without requiring parental consent is 18. The government provided limited access to sexual and reproductive health services for survivors of sexual violence, including the provision of emergency contraception.

Discrimination: The law does not prohibit discrimination based on gender. Women with foreign-born spouses do not have the same right as men to transmit citizenship to their spouses or children (see section 2.g., Stateless Persons). In addition a child adopted by a married Bahamian couple may acquire citizenship only through the adoptive father.

Women were generally free from economic discrimination within public service, and the law provides for equal pay for equal work. The law provides for the same economic legal status and rights for women as for men. The government generally enforced the law effectively within the public sector; however, it did not enforce the law within the private sector. Pay discrepancies rendered female defendants less able to afford legal representation.

Bahrain

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: Rape is illegal, although the penal code allows men accused of rape to marry female survivors to avoid punishment. The law does not address spousal rape. Penalties for rape include life imprisonment or execution when the survivor is younger than age 16, the rapist is the survivor’s custodian or guardian, or the rape causes death.

The law states violence against women is a crime. Nevertheless, domestic violence against women was common, according to several women’s rights organizations. Although government leaders and some members of parliament participated in awareness-raising activities during the year, including debates on additional legislation, authorities devoted little attention to supporting public campaigns aimed at the problem. The government maintained a shelter for women and children who were survivors of domestic violence. The law provides that local police officials should be contacted in cases of domestic violence and that the public prosecutor may investigate if information is passed from police to them. Survivors of domestic violence, however, reported difficulty knowing whom to contact or how to proceed when filing a complaint.

The government did not provide statistics on documented instances or prosecutions physical or sexual abuse of women.

Female Genital Mutilation/Cutting (FGM/C): FGM/C was rarely practiced. No specific law prohibits the practice, although legal experts previously indicated the act falls under criminal code provisions that prohibit “permanent disability to another person.”

Other Harmful Traditional Practices: By law “honor” killings are charged as a homicide and punishable with life in prison or a death sentence. The penal code provides a prison sentence for killing a spouse caught in an act of adultery, whether male or female. There were no cases of honor killings reported during the year.

Sexual Harassment: The law prohibits sexual harassment, including insulting or committing an indecent act towards a woman in public, with penalties of imprisonment and fines. Although the government sometimes enforced the law, sexual harassment remained a widespread problem for women, especially foreign female domestic workers.

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

There are no known legal barriers or penalties for accessing contraception. Health centers did not require women to obtain spousal consent for provision of most family planning services but did require such consent for women seeking sterilization procedures. Mothers giving birth out of wedlock in public or government-run hospitals often faced challenges in obtaining birth certificates for their children.

Contraceptives were available without prescription throughout the country regardless of nationality, gender, age, or marital status. The government provided access to sexual and reproductive health services for survivors of sexual violence, although emergency contraception was not available.

Discrimination: Women have the right to initiate divorce proceedings in family courts, but unlike for men, both Shia and Sunni religious courts may refuse the request. In divorce cases the courts routinely granted custody of daughters younger than age nine and sons younger than age seven to Shia mothers, with Shia fathers typically gaining custody once girls and boys reached the ages of nine and seven, respectively. Sunni women were able to retain custody of daughters until age 17 and sons until age 15. Regardless of custody decisions, the father retains guardianship, or the right to make all legal decisions for the child, until age 21. A noncitizen woman automatically loses custody of her children if she divorces their citizen father “without just cause.” Any divorced woman who remarries loses custody of her children from a prior marriage.

The basis for family law is sharia, as interpreted by Sunni and Shia religious experts. In 2017 King Hamad ratified the Shia portion of the Unified Family Law codifying the rights of Shia citizens, in particular women, according to the civil code on issues such as marriage, divorce, child custody, and inheritance. Shia and Sunni family law is enforced by separate judicial bodies composed of religious authorities charged with interpreting sharia. The revised civil law provides access to family courts for all women, providing the standardized application of the law and further legal recourse, since decisions made by family court judges are subject to review by the Supreme Judicial Council. In instances of mixed Sunni-Shia marriages, families may choose which court hears the issue.

Lawyers expressed concern regarding the long waiting periods for final judgments in Shia courts, particularly in divorce cases.

Women may own and inherit property and represent themselves in all public and legal matters. In the absence of a direct male heir, Shia women may inherit all of their husband’s property, while Sunni women inherit only a portion, with the brothers or other male relatives of the deceased also receiving a share. The government respected wills directing the division of assets according to the deceased.

Bangladesh

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law only prohibits rape of girls and women by men and physical spousal abuse, but the law excludes marital rape if the girl or woman is older than 13. Conviction of rape may be punished by life imprisonment or the death penalty.

Credible human rights organizations found rape remained a serious issue in the country, with reported rapes throughout the year roughly keeping pace with previous years. Domestic human rights group ASK reported at least 1,321 women were raped during the year. In comparison Odhikar reported 1,538 women and children were raped in 2020; among them, 577 were women, and 919 were younger than age 18. There were allegations of rapists blackmailing survivors by threatening to release the video of the rape on social media.

Rights groups reported violence against women in all forms increased throughout the pandemic. ASK reported 640 women were survivors of domestic violence during the year, including 372 who died as a result of the violence. NGOs mobilized to address an increase in gender-based violence during the pandemic. There were reports of sexual violence committed with impunity. On June 14, actress Shamsunnahar Smriti, popularly known as Pori Moni, filed a case alleging businessman Nasir Mahmood and five other men attempted to rape and kill her at the Dhaka Boat Club. On August 4, the RAB removed Moni from her apartment during a raid in which agents allegedly found illegal substances including alcohol and narcotics. Some activists stated the police raid was in response to her filing a rape case against a powerful businessman.

On April 26, college student Mosarat Jahan Munia was found dead in her apartment in Dhaka. Nusrat Jahan, Munia’s sister filed a case against Bashundhara Group managing director Sayem Sobhan Anvir Anvi, alleging he abetted Munia’s reported suicide. On July 19, police submitted the final probe report exonerating Anvir of involvement in Munia’s death. On July 26, 51 activists and leaders across the country demanded a reinvestigation into her death, stating, “We believe a proper investigation and appropriate trial for Munia’s suicide or murder is essential in maintaining public confidence in the rule of law of the country.”

In response to a September 2020 gang rape case in Sylhet, Feminists Across Generations, a local group working against gender-based violence and abuse against women, launched “Rage Against Rape,” a movement declaring gender-based violence a national emergency. The organization’s 10-point plan urged for reform and argued the death penalty for conviction would not solve rape culture or gender-based violence. The organization advocated for women and girls’ safety from violence and raised awareness of individual cases of rape. Separately the Rape Law Reform Coalition, a coalition of 17 organizations, continued to advocate for its “Rape Law Reform Now” campaign, another 10-point plan urging for legal and institutional reforms.

According to guidelines for handling rape cases, the officer in charge of a police station must record any information relating to rape or sexual assault irrespective of the place of occurrence. Chemical and DNA tests must be conducted within 48 hours from when the incident was reported. Guidelines also stipulate every police station must have a female police officer available to survivors of rape or sexual assault during the recording of the case by the duty officer. The statements of the survivor must be recorded in the presence of a lawyer, social worker, protection officer, or any other individual the survivor deems appropriate. Survivors with disabilities should be provided with government-supported interpretation services, if necessary, and the investigating officer along with a female police officer should escort the survivor to a timely medical examination.

A collection of political, sociocultural, and human rights groups stated incidents of rape continued to occur due to a culture of impunity. According to human rights monitors, many survivors did not report rapes due to lack of access to legal services, social stigma, fear of further harassment, and the legal requirement to produce witnesses. The burden is on the rape survivor to prove a rape occurred, using medical evidence.

Barbados

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law prohibits rape and applies to both men and women. The maximum penalty is life imprisonment but judges have the discretion to impose shorter sentences.

The law prohibits domestic violence and protects all members of the family, including men and children. The law applies equally to marriages and to common-law relationships. The law empowers police to make an arrest after receiving a complaint, visiting the premises, and having some assurance that a crime was committed. The government did not consistently enforce the law. A nongovernmental organization (NGO) reported that the commissioner of police was very concerned about complaints raised by victims of domestic violence, and that the commissioner put mechanisms in place to improve victims’ experience with police. The NGO also reported this high level of support and recognition was not consistently evident throughout the police department, at all police stations, or at the officer level. The NGO reported that the judicial system revictimized victims of domestic abuse involving child custody disputes. It cited instances where reports of physical abuse and assault were not considered by courts when making determinations of child visitation and coparenting rights. The NGO said this led to situations where a victim had to continue to interact with their abuser in order to fulfill court visitation orders.

Penalties for domestic violence depend on the severity of the charges and range from a fine for first-time offenders (unless the injury is serious) to the death penalty for cases where the victim died. Victims may request restraining orders, which the courts often issued. The courts may sentence an offender to jail for breaching such an order. An NGO alleged that corruption impeded legal action on domestic violence cases, making it difficult for victims to obtain timely resolution of their cases.

In July an NGO reported the government did not measure domestic violence. The NGO said there was insufficient legal support for women, exposing them to abuse and exploitation.

Sexual Harassment: The law prohibits sexual harassment in the workplace and establishes civil penalties. Media reports indicated that sexual harassment was a problem. A union representative said he was not aware of any reports of workplace sexual harassment cases being filed or prosecuted during the year. Human rights activists, however, reported that workplace sexual harassment was widespread. In August an NGO reported that young girls and women were verbally harassed in the streets, faced sexual advances from men, and were verbally and emotionally abused when sexual advances were refused.

Media reported on a foreign woman participating in the country’s teleworker visa program. Although she intended to stay for at least 12 months, the woman abruptly departed the island after only a few months, citing intolerable sexual harassment. In another incident, a man sexually harassed two women on a public beach. When police responded to the women’s call for assistance, the officer was caught on video in a “blame the victim” moment, saying that he could see why the man was harassing the women.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities. There were no legal or social barriers to accessing contraception, but some religious beliefs and cultural barriers limited its usage. The government provided access to health care for all persons who required it, including victims of sexual violence. The government also provided financial support to NGOs that assisted victims of sexual violence.

An NGO reported that some girls in police custody as runaways were subjected to vaginal exams without their consent, and in some instances without the consent of their parents or guardians, to prove whether the girls were sexually active. The NGO said that some parents or guardians were coerced by police to consent to these exams and were not fully informed of their rights. The NGO also reported that police forced girls to take tests for pregnancy and sexually transmitted disease.

Discrimination: The law prohibits employment discrimination based on age, skin color, creed, disability, domestic partnership status, marital status, medical condition, physical features, political opinion, pregnancy, race, trade, sex, sexual orientation, social status, or union affiliation. The law provides the same legal status and rights for women and men.

Women actively participated in all aspects of national life and were well represented at all levels of the public and private sectors, although some discrimination persisted. The law does not mandate equal pay for equal work, and reports indicated women earned significantly less than men for comparable work. There are laws limiting types of work that women can do in factories.

The government stated that employers cannot mandate employees be vaccinated against COVID-19 and that the government would not tolerate any discrimination against employees based on their vaccination status.

Belarus

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape of women and men in general but does not include separate provisions on marital rape. The penalty for conviction of rape with aggravating factors is three to 15 years’ imprisonment. While sexual assault and rape continued to be significant problems, authorities generally prosecuted cases against nonspousal rape. For example, in October police in Barysau arrested a 57-year-old man on charges of raping a 16-year-old girl. According to police the case was considered under the law as rape of a known minor, which is punishable by imprisonment for a term of five to 13 years, and the abuser had been previously convicted on similar accounts. According to NGOs, authorities often did not adequately consider spousal rape incidents and did not prosecute such cases unless they involved severe aggravating factors and direct threats to victims’ lives or deaths.

Domestic violence was a significant problem, and authorities did not take effective measures to prevent it or its root causes, such as substance abuse, unemployment, and other economic, cultural, and social problems. For example, police in a village in the Lida region reported that a man continuously abused his common-law spouse. The man was sentenced in June 2020 to three months in prison for abuse, but in July 2020 before beginning his sentence, he attacked his spouse with a knife, injuring her face and chest. For the attack, in March he was convicted and sentenced to seven years in prison on charges of attempted murder. Nevertheless, the woman continued to claim she had no problem with her spouse and told doctors her injuries were accidental.

Authorities continued to issue protective orders mandating the separation of survivors and abusers and provided temporary accommodations for the duration of the orders. It also operated 138 crisis rooms that provided limited shelter and psychological and medical assistance to survivors.

The law establishes a separate definition of domestic violence and provides for implementation of protective orders, which are from three to 30 days in duration. The law requires authorities to provide survivors and abusers with temporary accommodation until the protective orders expire. In addition the law prescribes a substantial fine or detention for up to 15 days for violating protective orders, battery, intended infliction of pain, and psychological or physical suffering committed against a close family member.

According to women’s rights advocates, protective orders and crisis rooms remained ineffective and provided limited protection of the rights of survivors. Efforts to prosecute offenders and ensure legal and other remedies to correct their behavior were also lacking. NGO experts continued to note the lack of state-supported designated shelters and specialists who work with survivors, children, and aggressors.

According to a senior Ministry of Internal Affairs official, as of April officers were monitoring more than 8,000 individuals who had committed domestic violence-related crimes, including more than 10,000 administrative cases filed from January to March. The official stated the number of severe crimes related to domestic violence decreased from 109 to 78 cases in January through March, compared with the same period in 2020, and the number of persons killed by their spouse declined from 27 to 22. On October 25-30, Minsk city police reportedly inspected residences of families with a record of domestic violence or that were in vulnerable conditions and held “preventive” talks with them.

On July 15, the NGO Gender Perspectives stopped operating a nationwide hotline for domestic violence after authorities searched its offices and interrogated several personnel on July 14 in the framework of a broad crackdown on civil society (see sections 2 and 5). In 2020 it had also stopped working with the Ministry of Internal Affairs representative following the government’s crackdown on demonstrators. As of April the shelter and hotline providers had not seen an increase in requests for help in the country during the COVID-19 pandemic, associating this with the lack of a government-imposed countrywide lockdown or self-isolation requirements. The Ministries of Internal Affairs, Labor and Social Protection, and Health Care and NGOs continued a campaign, “Home without Violence,” that was held on April 5-9. The campaign was covered by state media.

On September 28, authorities liquidated Gender Perspectives, which in addition to operating the hotline, had cooperated with authorities to play a nationwide role in assisting domestic violence and trafficking survivors, advocating for their rights, promoting a separate law on countering domestic violence, and assisting victims. The NGO was one of many civil society organizations closed in cases widely seen as politically motivated (see section 5).

Despite numerous inspections by the government throughout the year, as of December the NGO Radislava continued to operate a private shelter for survivors of domestic violence, to advocate for their rights, and to assist women and their children with medical care, legal aid, employment, social reintegration, and psychological therapy. On November 9, police detained the former coordinator of Radislava’s shelter and leading women’s rights advocate for allegedly coordinating protests in 2020. As of December she remained in pretrial detention.

Sexual Harassment: Sexual harassment reportedly was widespread, but no specific laws, other than those against physical assault, address the problem. Victims of sexual harassment did not have access to criminal or civil remedies for sexual harassment that occurred in the workplace.

Reproductive Rights: In prior years women with disabilities, especially those who were institutionalized, as well as pregnant women whose children were diagnosed with potential disabilities in utero, reported that some doctors insisted they terminate their pregnancies. While there were no indications that the practice had changed, no specific cases were highlighted during the year by press or NGOs.

Institutionalized individuals with disabilities had no political or civil rights, and courts recognized the directors of these institutions as the legal guardians of these individuals. Institutionalized individuals were not able to provide informed consent to medical treatment affecting their reproductive health, including for sterilization, due to mental or other disabilities.

Although comprehensive education on reproductive health or pregnancy was not provided in schools, access to information on contraception was widely available. Government policy does not bar access to contraception, but some groups may oppose it on religious grounds. While there were no legal or cultural barriers to skilled health attendance during pregnancy and childbirth and skilled postpartum care was widely available, there were fewer professionals with the skills to assist with difficult pregnancies outside of Minsk. Authorities provided access to emergency health care, including emergency contraception for survivors of sexual violence.

Discrimination: The law provides for equal treatment of women with regard to religious, personal status, and nationality laws, as well as laws related to labor, property, inheritance, employment, access to credit, and owning or managing businesses or property. Women generally did not experience discrimination in such areas as marriage, divorce, child custody, education, the judicial process and other institutions, and in housing.

Although women have the same legal status as men, they experienced discrimination in employment, in access to economic resources, as well as discrimination in the workplace.

Belgium

Section 6. Discrimination and Societal Abuses

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, which range from eight days to 20 years in prison. In cases of domestic violence, these sanctions are doubled.

The activist blog StopFeminicide reported that at least 17 women died in connection with cases of rape or domestic violence during the first eight months of the year. The government did not keep a record of the number of femicides. According to 2020 federal police statistics, there were approximately 38,000 official complaints of domestic violence against men and women to include physical, psychological, or economic violence, including 175 complaints of sexual violence, during that year.

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

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. Authorities effectively enforced the law. 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. Most 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 found guilty are subject to fines. The government generally enforced antiharassment laws.

A June study by the NGO Plan International of 700 persons between the ages of 15 and 24 in the cities of Brussels, Antwerp, and Charleroi found that 91 percent of girls and 28 percent of boys had been victims of some form of sexual harassment in the street. Eighty-two percent of girls reported that sexist comments and catcalling were the most frequent forms of harassment.

Another June study by the Universities of Ghent and Liege and the National Institute for Forensic Science and Criminology of 5,000 persons between the ages of 16 and 100 found that 70 percent had been victims of sexual violence in their life. Women were most affected. Within the lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) community, 80 percent reported having experienced sexual violence.

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

The government provided access to sexual and reproductive health services for survivors of sexual violence. Emergency contraception was available as part of clinical management of rape.

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.

Belize

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape. The government generally enforced the law. The law states that a person convicted of rape should be sentenced to imprisonment for eight years to life, although on occasion sentences were much lighter. Problems facing the wider justice system generally resulted in poor conviction rates for rape. Victims frequently requested the charges be dropped, often citing spousal support from the perpetrators as key to providing for their children’s well-being.

Data from the BPD indicated that 62 percent of reported sexual violence was against girls between the ages of 10 and 19. The Belize Crime Observatory, a unit of the BPD, indicated that women were the victims in 77 percent of the 1,794 domestic violence cases registered by the BPD through the end of September. Public perception was that complaints may be filed without repercussion but that insufficient numbers of police officers and inadequate funding hampered investigations.

Some NGOs working with the BDF indicated that sexual assault was a problem in the BDF. In August a BDF soldier accused a male captain of spanking him on his buttocks during a social event on BDF grounds. The matter was referred to the BPD for investigation.

Domestic violence is prohibited, and the law was generally enforced. Victims noted the procedure was lengthy but that nevertheless, perpetrators were convicted. Domestic violence is considered a civil matter; however, perpetrators were often prosecuted with criminal charges such as harm, wounding, grievous harm, rape, and marital rape. Police, prosecutors, and judges recognized both physical violence and mental injury as evidence of domestic violence. Penalties include fines and imprisonment. The law empowers the Family Court to issue protection orders against accused offenders.

In August, Mercedez Pais killed his mother-in-law, 64-year-old Angela Flores Rodriguez. Pais was beating two of Flores Rodriguez’s daughters when Flores Rodriguez intervened. Pais turned himself in to police, was charged with murder, and at the end of the year awaited trial.

The government had awareness campaigns against gender-based and domestic violence. It had a domestic violence hotline and shelters for victims. Major police stations designated domestic abuse officers. Due to understaffed police stations, however, these measures were not always effective. The NGO Live and Let Live conducted a study that found 20 percent of respondents indicated women feared for their safety at certain times and places.

Sexual Harassment: The law provides protection from sexual harassment in the workplace, including provisions against unfair dismissal of a victim of sexual harassment in the workplace. The government enforced the law, but officials noted that no criminal cases had ever been brought under the law’s sexual harassment provisions. The Women’s Department, under the Ministry of Human Development, Families, and Indigenous Peoples’ Affairs, recognized sexual harassment as a subset of sexual violence. A representative of local NGO Tikun Olam Belize noted that some victims did not report sexual harassment due to fear of further victimization or losing their job.

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

Some NGOs said that in socially conservative communities, women seeking tubal ligation sought the permission of the husband for cultural and religious reasons.

The government provided access to sexual and reproductive health services to survivors of sexual violence, but the government lacked rape response kits, including emergency contraception.

Reports noted some religiously affiliated educational institutions did not allow pregnant girls to attend school. Because of the stigma and discrimination of underage pregnancy, some families opted not to report the matter to the authorities and instead enrolled the young girl at another institution following the birth. Male adolescents involved in the case normally did not face expulsion. Because school attendance is by law compulsory only to age 14, educational institutions are not obligated to enroll pregnant girls older than 14.

Discrimination: The law provides for the same legal status and rights for women as for men. The law mandates equal pay for equal work, but the labor commissioner verified that men on average earned more per month than women did, often because men held higher positions. There are restrictions on women working in certain industries, including mining, construction, factories, energy, water, and transportation. The law provides for the continuity of employment and protection against unfair dismissal, including for sexual harassment in the workplace, pregnancy, or HIV status, but the law was not enforced.

Despite legal provisions for gender equality and government programs aimed at empowering women, NGOs and other observers reported women faced social and economic discrimination. Although women participated in all spheres of national life, outnumbered men in university classrooms, and had higher graduation rates from high school, women held relatively few top managerial or government positions.

In January the Supreme Court ruled that female police officers of African descent may wear their hair in dreadlocks, contrary to the instructions of the commissioner of police. The court noted that the commissioner’s interpretation of the BPD policy against dreadlocks infringed on the officers’ freedom of expression.

Benin

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law prohibits rape without reference to gender. Enforcement was weak due to police ineffectiveness, official corruption, and victims not reporting cases due to fear of social stigma and retaliation. Sentences for conviction of rape range from five to 20 years’ imprisonment. The law explicitly prohibits spousal rape and provides the maximum penalty for conviction of raping a domestic partner. Because of the lack of police training in collecting evidence associated with sexual assaults, ignorance of the law, and inherent difficulties survivors faced in preserving and presenting evidence in court, judges reduced most sexual offense charges to misdemeanors. The primary form of evidence used to prove sexual assault required physician certification. Since physicians were only accessible in large cities, survivors in rural areas were effectively precluded from pursuing charges.

Penalties for conviction of domestic violence range from six to 36 months’ imprisonment. Nevertheless, domestic violence against women was common. Women remained reluctant to report cases, and judges and police were reluctant to intervene in domestic disputes.

The Ministry of Social Affairs provided financial support to some survivors of abuse. The ministry’s Center for Social Promotion provided mediation services that in some cases resulted in restitution. The ministry also organized public outreach campaigns to raise public awareness of violence against girls and women. During the year the Ministry of Health and the Ministry of Social Affairs conducted a services-training program for survivors of rape, domestic violence, and other forms of gender-based violence to health clinic and social service first responders. On July 21, the government created the National Institute for the Promotion of Women to address complaints of violations of women’s rights and provide financial assistance to women who are survivors of violence.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C and provides penalties for conviction of performing the procedure, including prison sentences of up to 10 years and substantial monetary fines. Nevertheless, FGM/C occurred, and enforcement was rare due to the code of silence associated with this crime. The practice was largely limited to remote rural areas in the north. According to UNICEF, 7 percent of girls and women ages 15 to 49 underwent FGM/C in 2018.

The government, in conjunction with NGOs and international partners, continued to raise public awareness of the dangers of the practice.

Sexual Harassment: The law prohibits sexual harassment and offers protection for victims, but sexual harassment was common in the workplace and in schools. Persons convicted of sexual harassment face sentences of one to two years’ imprisonment and substantial monetary fines. The law also provides for penalties applicable to persons who are aware of sexual harassment but do not report it. Victims, however, seldom reported harassment due to fear of social stigma and retaliation; furthermore, police, examining magistrates who conduct pretrial investigations, and prosecutors lacked the legal knowledge and capacity to pursue such cases. Although laws prohibiting sexual harassment were not widely enforced, judges used other provisions in the penal code to address sexual abuses involving minors. Nevertheless, on July 19, the Cotonou Appellate Court convicted a business owner of sexual harassment of a female employee, imposed a substantial fine, and sentenced him to three months’ imprisonment.

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

On October 20, the National Assembly passed amendments to the 2003 Law on Sexual and Reproductive Health legalizing elective abortion. The amended law provides for termination before 12 weeks if the pregnancy is likely to aggravate or cause a situation of material, educational, professional, or moral distress incompatible with the interest of the woman, the unborn child, or both. As of November 15, the amended law had yet to be signed by the president.

Societal pressures imposed barriers to contraception. Although minors have the legal right to access contraception without parental consent, health-care workers sometimes impeded access by requiring parental consent. Cultural norms also influenced low rates of contraception. In some areas, notably the Plateau Department bordering Nigeria, traditional leaders used voodoo to threaten women to stay indoors during contraceptive campaigns, according to the Beninese Association for Social Marketing. Some religious groups, including the Roman Catholic Church and Celestial Christian Church, strongly discouraged the use of contraceptives. Poor access to reproductive health information in rural areas, poverty, and limited formal education contributed to low usage of contraceptives and high pregnancy rates. Only 13 percent of girls and women between ages 15 and 49 used a modern method of contraception, and 35 percent of women had an unmet need for contraception.

The government provided access to sexual and reproductive health services for survivors of sexual violence; however, lesbian, gay, bisexual, transgender, queer, or intersex (LGBTQI+) persons reported being routinely refused medical care and social services because of their sexual identity.

According to the government’s 2017-2018 Demographic Health Survey, the maternal mortality rate was 391 deaths per 100,000 live births. Factors contributing to the high mortality rate were deliveries without adequate medical assistance, lack of access to emergency obstetric care, and unhygienic conditions. According to the survey, 84 percent of live births took place in a health center (most of which were public), and 20 percent of girls and women between the ages 15 and 19 were either pregnant or had already had one live birth. These rates varied dramatically with higher adolescent birth rates (24 to 38 percent) in northern departments and lower rates (ranging from 8 to 16 percent) in southern departments. See also the Female Genital Mutilation/Cutting (FGM/C) subsection for additional information.

Discrimination: Although the constitution provides for equality for women in political, economic, and social spheres, women experienced extensive discrimination in obtaining employment, credit, equal pay, and in owning or managing businesses. There were legal restrictions on women in employment, including limitations on the occupations in which women are allowed to work (see section 7.d.).

The law bans all discrimination against women in marriage and provides for the right to equal inheritance. The government and NGOs educated the public on women’s inheritance and property rights and their increased rights in marriage, including prohibitions on forced marriage, child marriage, and polygamy. The government did not enforce the law effectively, however.

Sexual Exploitation of Children: The penal code provides penalties for conviction of rape, sexual exploitation, and corruption of minors, including procuring children for commercial sexual exploitation; it increases penalties for cases involving children younger than age 15. The child trafficking law provides penalties for conviction of all forms of child trafficking, including child commercial sexual exploitation, prescribing penalties if convicted of 10 to 20 years’ imprisonment. Individuals convicted of involvement in child commercial sexual exploitation, including those who facilitate and solicit it, face imprisonment of two to five years and substantial monetary fines. The child code prohibits child pornography. Persons convicted of child pornography face sentences of two to five years’ imprisonment and substantial monetary fines.

Infanticide or Infanticide of Children with Disabilities: Although concealed from authorities, traditional practices of killing breech babies, babies whose mothers died in childbirth, babies considered deformed, and one newborn from each set of twins (because they were considered sorcerers) occurred. The NGO Franciscan-Benin reported that communities in the four northern communes of Djougou, Gogounou, Kouande and Kandi continued to practice ritual infanticide. Authorities enforced prohibitions and discouraged the practice through door-to-door counseling and awareness raising.

Institutionalized Children: The government and human rights organizations reported poorly managed orphanages were not compliant with the law governing child protection centers. During the year the government inspected and closed several orphanages following reports of child abuse and neglect. In August the government closed one unregistered orphanage in Allada in southern Benin after inspections revealed poor living conditions and insufficient staffing. Authorities sanctioned an orphanage run by Roman Catholic nuns for using children as beggars to encourage charitable donations.

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

Bhutan

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape and makes no reference to gender in its definition of rape. In cases of rape involving minors, sentences for conviction range from five to 15 years in prison. In extreme cases a person convicted of rape may be imprisoned for life. Spousal rape is illegal and prosecuted as a misdemeanor. In January the NCWC published the Standard Operating Procedure for Gender Based Violence Prevention and Response, which lays out policies and procedures related to gender-based violence and the roles and responsibilities of the government and civil society in combating it. According to the Office of the Attorney General (OAG) 2020 Annual Report, in 2019 there were 12 reported sexual offenses committed against women, including five cases of rape. A 2017 NCWC report stated that more than two in five women experienced at least one form of sexual, physical, psychological, or economic violence.

The law prohibits domestic violence, including physical and sexual abuse. Physical abuse is prosecuted as battery under the penal code, and penalties for convicted perpetrators range from one month to three years’ imprisonment. Sexual abuse is prosecuted as a corresponding sexual offense, and punishable if convicted by three years’ to 15 years’ imprisonment. The law provides for increased sentences for conviction of second (and subsequent) domestic violence offenses.

Three police stations had protection units to address crimes involving women and children, and 11 police stations had officers specifically devoted to women and children’s matters. The government operated a dedicated toll-free helpline to report violence against women and children. The government trained police on gender abuse matters and cooperated with civil society groups that undertook further efforts, including operation of a crisis and rehabilitation center. Freedom House reported that cultural taboos resulted in the underreporting of domestic violence, although reports have increased in recent years. Between January and April 2020, there were 97 reported cases of domestic violence. Between December 2020 and January 15, there were 223 reported cases of gender-based violence. The increase in cases was reportedly due to enforced confinement and other COVID-19 pandemic measures.

Sexual Harassment: The law includes specific provisions to address sexual harassment in the workplace. NGOs reported these provisions were generally enforced. According to UNICEF, the Royal Civil Service Commission operated the Civil Service Support Desk to address sexual harassment in the civil service. The commission has designated points of contact to assist civil servants who experience sexual harassment in the workplace. The NCWC developed an internal framework to address gender matters in the workplace, including preventing and responding to sexual harassment. Approximately 29 government agencies and local governments have adopted the framework. The NCWC and Royal Civil Service Commission conducted awareness programs on sexual harassment and related legislations.

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

A lack of awareness of comprehensive sexual and reproductive health care contributed to unplanned early pregnancies, postpregnancy complications, child abandonment, and financial instability. In 2020 more than 237 cases of teenage pregnancy were reported. The World Bank reported that equity and access to medical care for pregnant women in some remote rural areas was a challenge because of difficult terrain, leading to disparities in access to skilled birth attendants.

The NCWC and a government funded NGO provided shelter, and medical and counseling services to women and girls who are survivors of violence, including sexual violence.

Discrimination: The law mandates the government take appropriate measures to eliminate all forms of discrimination and exploitation of women and girls, including trafficking, abuse, violence, harassment, and intimidation, at work and at home. The government generally enforced this law. The law is gender neutral and provides equal rights of property inheritance to female spouses and children.

Sexual Exploitation of Children: The law prohibits commercial sexual exploitation of children, including child pornography, child sex trafficking, and the sale of children. Authorities generally enforced the law. The legal age of consent is 16 for both boys and girls.

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

Bolivia

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law establishes penalties of imprisonment for 15 to 20 years for conviction of the rape of an adult (man or woman), but it was rarely enforced.

The law prohibits domestic violence, but it too was rarely enforced. Conviction of domestic abuse resulting in injury is punishable by three to six years’ imprisonment, and the penalty for conviction of serious physical or psychological injury is a five- to 12-year prison sentence. Despite these legal provisions, the NGO Community of Human Rights reported two-thirds of domestic violence cases were closed without action, and the conviction rate of the remaining cases was less than 1 percent.

Lack of training on the law and slow judicial processes, among other factors, continued to hinder the law’s full implementation, according to the UN Entity on Gender Equality and the Empowerment of Women (UN Women) and human rights groups. Domestic violence was the most frequently committed crime in the country, according to the National Observatory of Public Safety. According to a survey conducted by the local NGO Coordinator of Women, 50 percent of women were survivors of a violent crime sometime in their lives; two-thirds of these women suffered violence in their own home.

The law criminalizes femicide, the killing of a woman based on her identity as a woman, and conviction stipulates a sentence of 30 years in prison. Activists stated corruption, a lack of adequate crime scene investigation, a lack of specialized prosecutors, and a dysfunctional, underfunded judiciary hampered convictions for femicide.

On July 20, Lucy Alejandra Huanca was found dead in her home in Santa Cruz after her partner, a police officer, allegedly beat her to death. Huanca had twice filed domestic abuse reports against her partner. A court issued a protective order in 2019, and Huanca retracted her second complaint in 2020.

In August 2020 Betsabe Mara Alacia was killed by her partner, police lieutenant Adan Boris Mina. Investigations showed that Mina shot and killed, burned, and dismembered Alacia’s body. Mina was captured, tried, convicted, and sentenced to 30 years in prison, but investigators indicated that two or three police officers helped cover up the crime and were not apprehended. On March 10, it was reported Mina regularly left the prison with help from authorities and that he threatened the victim’s family.

Women’s rights organizations reported police assigned to the Special Force against Violence did not have sufficient resources and frontline officers lacked proper training regarding their investigatory responsibilities. Women’s organizations also reported domestic violence survivors received poor representation from public defenders and generally abandoned their cases after the cases languished in the justice system for years. On average it took three years for a domestic violence case to conclude. Once the case was closed, the survivor was often responsible for the legal fees. The lack of public services, lengthy judicial processes, and financial burdens discouraged most women from reporting domestic abuse by their spouses.

A law passed in 2014 called for the construction of women’s shelters in each of the country’s nine departments, but as of 2020 only four departments had shelters. Human rights activists explained the shelters for domestic violence survivors were not well staffed, did not promise anonymity, and could not provide protection from abusers. Activists stated that shelters mixed populations of vulnerable women, girls, and boys, including juvenile delinquents, human trafficking victims, sexual abuse survivors, and minors with mental-health problems.

On August 3, El Alto mayor Eva Copa signed an agreement with the domestic NGO Women Creating to implement “a critical route for women in situations of violence” across the municipality of El Alto. The agreement sought to provide high-quality and timely services to survivors of violence. The agreement expanded 24-hour legal and medical assistance and aimed to offer a seamless support system for survivors whenever they decided to flee violence and seek safety.

Sexual Harassment: The law considers sexual harassment a criminal offense for which conviction is punishable by up to eight years’ imprisonment. There were no comprehensive reports on the extent of sexual harassment, but observers generally acknowledged it was widespread (see also section 3, Participation of Women and Members of Minority Groups) and that the sexual harassment laws were rarely enforced.

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

Civil society noted information on access to reproductive health could be difficult to obtain in rural areas due to lack of medical infrastructure.

The law provides for access to contraceptives, but according to reproductive rights group Marie Stopes International-Bolivia, many health-care providers refused to provide the service and stigmatized patients who requested contraceptives. Some health-care providers required the consent of an adult woman’s husband or other male family member before providing her with contraceptives and would not provide contraceptives to adolescents without parental consent. Misinformation and social taboos made women hesitant to seek contraceptives.

Lack of access to quality medical care in remote areas adversely affected access to skilled health-care attendance during pregnancy and birth. In addition many indigenous women feared their cultural traditions regarding who should be present at the birth, the treatment of the placenta, and treatment of the umbilical cord would not be respected if they gave birth in a hospital or clinic.

The government provided access to sexual and reproductive health services for survivors of sexual violence, including emergency contraception.

According to the World Health Organization, the maternal mortality rate was 155 per 100,000 live births in 2017. The Pan American Health Organization reported one-third of all maternal deaths were caused by obstetric hemorrhage, usually postpartum. Another leading cause of maternal death was unsafe, clandestine abortions; access to adequate postabortion care and obstetric emergency services was limited.

The maternal mortality rate was higher among indigenous women due to lack of access to adequate medical services. In El Alto, the second largest city, largely composed of indigenous persons, the maternal mortality rate was 316 per 100,000 live births. The higher mortality rate was attributed to the city’s slow-growing health-care system not keeping pace with the city’s 30 percent population growth in the last 10 years.

Girls in rural areas lacked access to menstrual hygiene products, which affected their performance in school. The law prohibits schools from expelling pregnant girls, but 25 percent of pregnant girls dropped out of school in 2019 either because of social pressure or lack of government assistance, or both.

Discrimination: The law provides for the same legal status and rights for women as for men, but women generally did not enjoy a social status equal to that of men. The government did not enforce the law effectively. (See also section 7.d. for information regarding labor laws that discriminate against women.)

Bosnia and Herzegovina

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape (including of men), including spousal rape, and domestic and intimate partner violence. The maximum penalty for rape, regardless of gender, including spousal rape, is 15 years in prison. The failure of police to treat spousal rape as a serious offense inhibited the effective enforcement of the law. Women victims of rape did not have regular access to free social support or assistance and continued to confront prejudice and discrimination in their communities and from representatives of public institutions.

While laws in both the Federation and the RS empower authorities to remove the perpetrator of domestic violence from the home, officials rarely, if ever, made use of these provisions.

NGOs reported that authorities often returned offenders to their homes less than 24 hours after a violent event, often reportedly out of a concern over where the perpetrator would live. In the Federation and in the RS, authorities prosecuted domestic violence as a felony, while in Brcko District it can be reported as a felony or a misdemeanor. In January the Federation amended its law on protection from domestic violence by introducing a “person of confidence,” who can assist victims during court proceedings. Even when domestic violence resulted in prosecution and conviction, offenders were often given suspended sentences, even repeat offenders. To avoid prolonged court proceedings, judges both in the Federation and in the RS rarely applied domestic violence law, which would prescribe greater sanctions for offenders, but instead applied only criminal code and other laws, resulting in lesser charges and sentences.

Domestic violence was recognized as one of the most important problems involving gender equality. The Gender Equality Agency (GEA) reported that one of every two girls or women older than 15 experienced some type of domestic violence (psychological, economic, or physical) and that the problem was underreported because most victims did not trust the support system (police, social welfare centers, or the judiciary). NGOs operated eight safe houses in the country (five in the Federation and three in the RS) with a total capacity of 181 beds. In the RS entity, safe houses were officially included in the system of government-supported institutions and received regular financial support from the government. In the Federation, the safe houses were not supported by the entity government and received no budgetary assistance, as no bylaw was adopted that would regulate financing of safe houses. The Federation provided support to safe houses through government grants. During the year the Federation government allocated KM 240,000 ($142,000) as a grant to safe houses. The Ministry of Human Rights and Refugees (through GEA) also provided KM 100,000 ($59,000) as support to operations of all eight safe houses. Additionally, as a response to the increase in gender-based violence during the COVID-19 pandemic, in 2020 the ministry (through GEA) gave an additional KM 160,000 ($94,600) to safe houses. According to NGOs running safe houses, 679 cases of domestic violence were registered during 2020, an increase of 50 percent from 2019. The country had a gender action plan for 2018-22. The Council of Ministers has a steering board for coordination and monitoring of implementation of the plan. The country lacked a system for collecting data on domestic violence cases. The GEA worked to establish a local-level mechanism to coordinate support for victims. In 2019 the agency performed an analysis of the data collection system on domestic violence cases that were processed by the judiciary and sent its recommendations for improving the system to the High Judicial and Prosecutorial Council. The GEA also continued developing a computerized data collection system on domestic violence in the Federation since the RS refused to participate in this internationally supported project, citing their perception of this initiative as a transfer of competencies from the entity to the state level.

The network of institutional mechanisms for gender equality in the country comprised GEA at the state level and gender centers at the entity levels. There was also the Gender Equality Commission of the BiH Parliamentary Assembly, the Gender Equality Commissions of the Federation House of Peoples and the House of Representatives, the Equal Opportunities Committee of the RS National Assembly, and the Commission for Gender Issues of the Brcko District Assembly. Gender equality commissions also were established at the cantonal level; at the local level, respective commissions operated within municipal councils.

Sexual Harassment: Combating violence against women and domestic violence is mainly the responsibility of the entities. BiH law defines and prohibits gender-based harassment, including sexual harassment, as a form of discrimination.

NGOs reported that sexual harassment was a serious problem but that women rarely reported it due to the expectation they would not receive systematic support from law enforcement institutions and that the perpetrators would go unpunished or receive light punishment, as evident by years of such practices by judicial authorities.

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

There was no comprehensive sexual education program, and education, including on reproductive health and related topics, was not standardized through the country. Members of minorities, in particular Romani women, experienced disparities in access to health-care information and services, including for reproductive health. For example, many Romani women were not enrolled in the public insurance system because of their inability to meet local legal requirements due to the lack of official documentation of residency or registration, poverty, and social marginalization, which prevented them from accessing health care. Another problem for Romani women was that moving from one part of the country to another invalidates their registration and makes their access to health services subject to a different set of rules and requirements.

Both BiH entities (the Federation and Republika Srpska) as well as the Brcko District have laws that provide for survivors of sexual violence to access sexual and reproductive health services. Women with disabilities in BiH continued to face obstacles in accessing sexual and reproductive health. For example, health-care facilities lacked staff trained to work with women with disabilities and gynecological examination tables adjusted for women with certain disabilities.

Discrimination: The law provides for the same legal status and rights for women as for men, including under family, religious, personal status, and nationality laws, as well as laws related to labor, property, inheritance, employment, access to credit, and owning or managing businesses or property, and authorities generally treated women equally. The law does not explicitly require equal pay for equal work, but it forbids gender discrimination. Women and men generally received equal pay for equal work at government-owned enterprises but not at all private businesses. As evaluated by the Gender Equality Agency in the 2018-2022 Gender Action Plan, women in the country faced multiple obstacles in the labor market, such as longer waiting periods for their first jobs, long employment disruptions due to maternity leave or elder care, and the inability of middle-aged women to successfully re-enter the labor market due to market shifts and discontinuation of some types of work. NGOs also reported that during hiring interviews, potential employers routinely asked women if they were planning to have a family soon, sometimes requesting that women sign a written agreement stipulating that they do not plan to become pregnant in the next three years.

Both Federation and RS labor laws stipulate that an employer must not terminate a woman’s employment contract while she exercises her rights to be pregnant; use maternity leave; work half time after the expiration of maternity leave; work half time until a dependent child is three years of age if the child requires enhanced care according to the findings of a competent health institution; or use leave for breastfeeding. While the law provides for these rights, its implementation was inconsistent. In practice women were often unable to use maternity leave for the period of one year as provided by law, return to their work position after maternity leave, or take advantage of the right to work half time. Employers continued to terminate pregnant women and new mothers despite the existence of legal protections. The level of social compensation during maternity leave was regulated unequally in different parts of the country. The RS government paid a monthly KM 405 ($250) maternity allowance to unemployed new mothers for a period of one year or for a period of 18 months in cases of twins and following the birth of every third and subsequent child. Employed mothers were entitled to one year of paid maternity leave. In the Federation this compensation is regulated differently in each of its 10 cantons, while Federation labor law and law on social protection provide only a framework for compensation. For example, Sarajevo Canton pays 533 KM ($307) per month for one year, while Western Herzegovina Canton pays 80 percent of the last earned salary of the employee for the first six months and a fixed amount defined by the canton for the remaining six months. Women remained underrepresented in law enforcement agencies. According to a Center for Security Studies survey, women made up only 20 percent of police agencies in BiH and generally held low officer ranks, with no women in ranks of a general or chief inspector general of police forces. The survey found that women were generally underrepresented in managerial positions.

Gender-biased Sex Selection: The boy-to-girl birth ratio for the country was 107 boys per 100 girls in 2020.

Botswana

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape without specifying gender but does not recognize spousal rape as a crime. By law formal courts try all rape cases. Authorities effectively enforced laws against rape when victims pressed charges, although police noted victims often declined to press charges against perpetrators. In 2019 the BPS Commissioner announced BPS would no longer allow the withdrawal of gender-based violence cases waiting to be heard by magistrate court. In October 2020 President Masisi announced the BPS would establish standard operating procedures for dealing with gender-based violence, including establishing dedicated units to handle such cases, establishing a special hotline for victims, and requiring victims to be interviewed in private spaces. In November 2020 the government introduced special courts to hear gender-based violence cases. By law the minimum sentence for conviction of rape is 10 years’ imprisonment; the sentence increases to 15 years with corporal punishment if the offender was unaware of being HIV-positive; and increases to 20 years with corporal punishment if the offender was aware of being HIV-positive. A person convicted of rape is required to undergo an HIV test before sentencing.

The law prohibits domestic and other violence, whether against women or men, but domestic violence remained a serious problem. Although statistics were unavailable, media widely reported on cases of violence against women, including several high-profile murder cases. For example, over the Independence Day weekend in October, authorities reported six women were killed in domestic violence incidents.

The government regularly referred survivors of gender-based violence to a local NGO that ran shelters for women.

In April 2020 shelter operators and civil society groups reported a significant increase in victims of gender-based violence at the start of the seven-week COVID-19 lockdown. The shelter operators noted the situation has since stabilized but was still significantly higher than before COVID-19 emerged. The government made statements to discourage such violence but did not devote extra resources to address the issue or help shelters overwhelmed by the influx of victims.

Sexual Harassment: The law prohibits sexual harassment in both the private and public sectors. Sexual harassment committed by a public officer is considered misconduct and punishable by termination, potentially with forfeiture of all retirement benefits, suspension with loss of pay and benefits for up to three months, reduction in rank or pay, deferment or stoppage of a pay raise, or reprimand. Nonetheless, sexual harassment, particularly by men in positions of authority, including teachers, was widespread.

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

Couples and individuals have the right to decide the number, spacing, and timing of their children; and to manage their reproductive health. They had the information and means to do so, free from discrimination, coercion, and violence. A 2018 study of family planning found that 98 percent of women knew of at least one family-planning method. The major factors hindering greater contraceptive prevalence rates included a shortage of supplies, provider biases, inadequately skilled health-care workers, HIV status, culture, religion, and popularly accepted myths and misconceptions. Access to health care during pregnancy and childbirth was widespread, with 95 percent of the population living within an average of five miles from the nearest health facility.

The government provided access to sexual and reproductive health services for survivors of sexual violence, including postexposure prophylaxis, emergency contraceptives, counseling, treatment of injuries, and rapid HIV testing.

According to 2019 data, the maternal mortality ratio was 166 deaths per 100,000 live births. The leading causes of maternal mortality included postpartum hemorrhage, genital tract and pelvic infections following unsafe abortion, and ectopic pregnancy.

Discrimination: Under the constitution women and men have the same civil rights and legal status. Under customary law based on tribal practice, however, several traditional laws restricted women’s property rights and economic opportunities, particularly in rural areas. Women increasingly exercised the right to marriage “out of common property,” in which they retained their full legal rights as adults. Although labor law prohibits discrimination based on gender and the government generally enforced the law effectively, there is no legal requirement for women to receive equal pay for equal work.

Brazil

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape. In addition, the law criminalizes physical, psychological, and sexual violence against women, as well as defamation and damage to property or finances by someone with whom the victim has a marriage, family, or intimate relationship. The law defines femicide as homicide of a woman due to her gender, including but not limited to, homicide that escalated from other forms of domestic violence, discrimination, or contempt for women. The law stipulates a sentence of 12 to 30 years. According to NGOs and official data, there were 1,350 femicides in 2020, compared with 1,326 in 2019. According to the National Council of Justice, the number of new cases involving the killing of a woman rose 39 percent in 2020 to 2,788 cases, and courts imposed sentences in 2,016 cases of femicide in 2020 – a 24 percent decrease from the 2,657 sentences in 2019, due to process difficulties in light of the pandemic. According to the Brazilian Public Security Forum, in cases of femicide, the killer was a partner or former partner of the victim 81.5 percent of the time.

The state of Rio de Janeiro had a total of 42 victims of femicide in the first five months of the year according to the Institute of Public Security. The state of Bahia had 64 cases of femicide in the first six months, according to the Bahian Public Security Secretariat. The Espirito Santo Public Security Secretariat recorded 13 victims in the first five months of the year. The state of Minas Gerais recorded 67 victims of femicide from January to June and 70,450 victims of domestic violence during the same period.

On April 2, justice prosecutor Andre Luiz Garcia de Pinho killed his wife, Lorenza Maria Silva de Pinho. In July the Minas Gerais Court of Justice decided that de Pinho would be brought to trial for aggravated homicide. He remained in pretrial detention after a request for habeas corpus was denied.

NGO and public security representatives reported that, culturally, domestic violence was often viewed as a private matter and that survivors and bystanders often did not report cases of violence. On July 14, police arrested Iverson de Souza Araujo (also known as DJ Ivis), in Fortaleza after videos of assaults against his former wife, Pamella Holanda, were posted by her on her social media account. The public release of the video led to widespread public condemnation, and distribution contracts and music collaborations were cancelled.

According to NGOs and public security data, gender-based violence was widespread. According to the 15th Public Safety Yearbook released annually by the Brazilian Public Security Forum, there were 60,460 cases of rape in 2020. Due to underreporting, the actual number of cases was likely much higher. The state of Sao Paulo recorded an average of 34 cases of rape per day in the first quarter of the year, 7 percent higher than the same period of 2020, according to a survey conducted by the NGO Instituto Sou da Paz. Data showed that 75 percent of the victims were girls younger than age 14.

Each state secretariat for public security operated police stations dedicated exclusively to addressing crimes against women. State and local governments also operated reference centers and temporary women’s shelters, and many states maintained domestic violence hotlines. In January, Rio de Janeiro State’s Civil Police announced a new hotline for victims of gender-based violence in an effort to reduce instances of feminicide. During the pandemic the court of justice in the state of Piaui invested in campaigns and online assistance to facilitate access for victims of violence. There were several ways to denounce domestic violence: through the Salve Maria application or calling the Francisca Trindade Center, Maria da Penha Patrol, Esperanca Garcia Institute, Ombudsman of the Public Ministry of Piaui, or Public Defender’s Office. In April in the state of Piaui, requests for protective measures for women victims of domestic violence increased more than 30 percent, compared with the same period in 2020.

During the first quarter of the year, the state of Rio Grande do Sul saw a 375 percent increase in preventive arrests for domestic violence, compared with the same period of 2020. A key factor contributing to this increase was the rise of information sharing with the government through electronic means, such as WhatsApp and Online Police. The state also inaugurated an additional 17 salas das margaridas, a dedicated space within police stations to receive women at risk, bringing the total in Rio Grande do Sul to 40.

In July 2020 Rio de Janeiro’s then governor Witzel signed a bill that temporarily authorized gun permit suspensions and weapons seizures in cases of domestic violence and femicide during the COVID-19 pandemic. Authorities cited concerns that quarantine could lead to increases in domestic violence cases involving weapons. According to Rio de Janeiro’s Public Security Institute, as of June 2020 domestic violence calls to the military police aid hotline had increased by 12 percent, in comparison with the same period the previous year. In August 2020 a police operation resulted in the arrest of 57 suspects accused of domestic violence.

The law recommends health facilities contact police regarding cases in which a woman was harmed physically, sexually, or psychologically and instructs police to collect evidence and statements should the victim decide to prosecute. Despite these protections, allegations of domestic violence were not always treated as credible by police.

Sexual assault and rape of minors was widespread. In 2020, 44,400 cases of rape and rape of vulnerable minors were registered, representing 60.6 percent of the total number of rape cases. A “vulnerable” victim is defined as a person younger than age 14, or who is considered physically, mentally, and therefore legally incapable of consenting to sexual intercourse. According to the 15th Brazilian Yearbook of Public Security, 54 percent of these victims were 11 years old or younger.

In Dourados, Mato Grosso do Sul, a group of five men (two adults and three adolescents) raped and killed an 11-year-old Kaiowa indigenous girl in August. Police arrested the perpetrators, who confessed the crimes, and indicted them on charges of rape of a vulnerable person, femicide, and aggravated homicide. One of them, the girl’s uncle, died in prison three days later, and police were investigating the case as a possible suicide.

On March 12, the STF unanimously decided to invalidate the use of the “legitimate defense of honor thesis” in cases of femicide. The 11 STF justices assessed this thesis contradicts constitutional principles of human dignity, protection of life, and gender equality and, therefore, cannot be applied in jury trials as a defense argument in cases of femicide. The legitimate defense of honor thesis was used in jury courts to largely absolve men who killed women to “protect their own honor,” for example in cases of betrayal in romantic relationships.

On July 28, the federal government approved a law that includes the crime of psychological violence against women in the penal code, assigning a punishment of six months’ to two years’ imprisonment and a fine. The text approved by Congress defines the crime as: “Causing emotional damage to women that can harm and disturb them, or their full development, or that aims to degrade or control their actions, behaviors, beliefs and decisions, through threat, embarrassment, humiliation, manipulation, isolation, blackmail, ridicule, limitation of the right to come and go, or any other means that harm their psychological health and self-determination.”

On May 10, the government of the state of Alagoas inaugurated A Casa da Mulher Alagoana. The center serves women victims of domestic violence and provides professional psychology, advocacy, and social care services. Victims may file a police report and request protective measures in-person at the facility, as well as receive temporary shelter.

In the state of Ceara, the Women’s Reference Center, which offers a psychologist, lawyer, and social worker service and partnership with the Maria da Penha Patrol, received 240 requests for assistance in 2020, but within the first four months of 2021 it responded to 142 requests. According to the center’s director, most victims were financially dependent on their partner, which deepened during the COVID pandemic.

Sexual Harassment: Sexual harassment is a criminal offense, punishable by up to two years in prison. The law includes actions performed outside the workplace. NGOs reported sexual harassment was a serious concern, and perpetrators were infrequently held accountable. A 2019 study conducted by research institutes Patricia Galvao and Locomotiva with support from Uber found that 97 percent of women had experienced sexual harassment on public transportation, in taxis, or while using a rideshare application.

On June 15, the National Council of Justice ruled that Judge Glicerio de Angiolis Silva from Rio de Janeiro’s Court of Justice should be removed from the bench for two years for morally and sexually harassing public workers and interns at the court of Miracema, in the northwestern part of the city of Rio de Janeiro, in 2015. The victims reported that the judge asked them to send him photographs of them in bikinis, asked them out, and requested them to work late with no reasonable purpose. By law the judge was still entitled to receive his salary while away from his regular duties.

In June the Rio Grande do Sul Civil Police opened an investigation into plastic surgeon Klaus Wietzke Brodbeck on suspicion of sexually abusing more than 95 women patients, including one sedated patient he allegedly raped after surgery.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities. The government provided access to sexual and reproductive health services for sexual violence survivors, including emergency contraceptives and termination of pregnancy as provided for by law. According to the UN Population Fund (UNFPA), persons in remote regions experienced difficulty accessing reproductive health services.

According to UNFPA, in 2020, 89 percent of women of reproductive age had their need for family planning satisfied with modern methods, and skilled health personnel attended to 99 percent of births from 2014 to 2019. UNFPA also reported that adolescent birth rate per 1,000 girls for those between the ages of 15 to 19 averaged 53 births for the period of 2003 to 2018. The Ministry of Health reported that the maternal mortality ratio averaged 59 deaths per 100,000 live births as of 2018 and was higher among Black women than among white women. Data published in May by the Oswaldo Cruz Foundation found that the risk of death of pregnant brown and Black women from COVID-19 was almost twice that of white women and noted that Black women were less likely to have gynecological and prenatal care and travelled farthest to reach a maternity ward.

In May, UNICEF and UNFPA published a report on menstrual poverty experienced by Brazilian girls who lived in conditions of poverty and vulnerability, sometimes without access to basic sanitation services, hygiene resources, and minimal knowledge about the body. More than 700,000 girls had no access to a bathroom or shower in their homes. More than four million girls experienced at least one deprivation of hygiene in schools, including lack of access to feminine care products and basic facilities such as toilets and soap. Nearly 200,000 of these students were completely deprived of the minimum conditions to handle menstruation at school. A study from Girl Up Brazil, a network to end menstrual poverty in the country, found that one in four girls had missed school because they lacked access to feminine products.

In October, President Bolsonaro signed a law to create the Program for the Protection and Promotion of Menstrual Health, a strategy to promote health and attention to feminine hygiene and aims to combat lack of access to hygiene products related to menstruation. The president vetoed a provision contained in the measure to provide free basic hygiene products to low-income students, persons living on the streets, and prisoners because he said the legislation did not establish a funding source. In November the Foreign Trade Chamber reduced the import tax rate from 12 to 10 percent on sanitary pads and baby diapers to make the products more affordable to consumers.

Discrimination: The law provides for the same legal status and rights for women as for men in all circumstances. The law does not require equal pay for equal work. According to the International Labor Organization, women not only earned less than men but also had difficulties entering the workplace: 78 percent of men held paid jobs, compared with 56 percent of women. Sexual harassment in the workplace is illegal, but the law was not effectively enforced.

Brunei

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: Secular law stipulates imprisonment from eight to 30 years plus caning with a minimum of 12 strokes as punishment for rape. The SPC provides stoning to death as the maximum punishment for rape. The law does not criminalize rape against men or spousal rape and explicitly states that sexual intercourse by a man with his wife is not rape if she is not younger than 14 (15 if she is ethnic Chinese). There is no specific domestic violence law, but authorities arrested individuals in domestic violence cases under the law on protection of women and girls. The criminal penalty under the law is one to two weeks in jail and a fine for a minor assault; an assault resulting in serious injury is punishable by caning and a prison sentence of up to five years. Islamic family law provides protections against spousal abuse and for the granting of protection orders, and it has been interpreted to cover sexual assault. The penalty for violating a protection order is a significant fine, maximum imprisonment of six months, or both.

Police investigated domestic violence only in response to a report by a victim but reportedly did respond effectively in such cases.

The government reported rape cases, but there were no data available on the prevalence of the crime. All rape cases are tried under the secular civil law. A special police unit staffed by female officers investigated domestic abuse and child abuse complaints.

At a December 2020 event highlighting the importance of protecting women’s and girls’ human rights and community approaches to preventing gender-based violence, participants said it was difficult to address gender-based violence because of the lack of support by law enforcement and courts for victims (especially minors); lack of resources and expertise among NGOs for dealing with gender-based violence issues; and poor coordination between NGOs and government offices.

The Department of Community Development in the Ministry of Culture, Youth, and Sports provided domestic violence and abuse counseling for women and their spouses. Some female and minor victims of domestic violence and rape were placed in protective custody at a government-sponsored shelter while waiting for their cases to be scheduled in court. Sharia courts staffed by male and female officials offered counseling to married couples in domestic violence cases. Both secular and sharia courts recognized assault as grounds for divorce.

Female Genital Mutilation/Cutting (FGM/C): No law criminalizes FGM/C for women of any age. There were no statistics on the prevalence of FGM/C, but international media and others reported that in general Type 4 FGM/C was done within 40 days of birth based on religious belief and custom and that the practice was widespread. Contacts also reported that the procedure was sometimes performed outside of a medical setting. The Ministry of Religious Affairs declared “circumcision” for Muslim girls (sunat) to be a religious rite obligatory in Islam and described it as the removal of the hood of the clitoris (Type 1 per World Health Organization classification).

Sexual Harassment: The law prohibits sexual harassment and states that whoever utters any word, makes any sound or gesture, or exhibits any object intending to insult the modesty of a woman shall be punished by up to three years in prison and a fine. The law also stipulates that whoever assaults or uses criminal force, intending thereby to outrage, or knowing the act is likely to outrage the modesty of a person, shall be punished by caning and a maximum imprisonment of five years. During the March Legislative Council sessions, members reported a government study showed 55 percent of civil servants faced sexual harassment in the workplace and 75 per cent of those who encountered sexual harassment did not report the incident and 85 per cent were unaware there were laws to protect them.

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

Social, cultural, and religious pressures affected some women’s access to contraception or health care for sexually transmitted infections. Unmarried Muslim women had difficulty obtaining contraception from government clinics, turning to private clinics or reproductive services abroad instead. Women seeking medical assistance for complications arising from illegal abortions were reported to police after being given care. Unenforced provisions of the law set imprisonment or fines as punishments for abortion; there have been no prosecutions for illegal abortions for several years. The government provides access to health services, including emergency contraception, for sexual violence survivors.

Discrimination: In accordance with the government’s interpretation of the Quran, Muslim women and men are accorded different rights, particularly as codified in sharia. Secular civil law permits female citizens to own property and other assets, including business properties. Noncitizen husbands of citizens may not apply for permanent resident status until they reside in the country for a minimum of seven years, whereas noncitizen wives may do so after two years of marriage. Although citizenship is automatically inherited from citizen fathers, citizen mothers may pass their nationality to their children only through an application process in which children are first issued a certificate of identity (and considered stateless).

Bulgaria

Section 6. Discrimination and Societal Abuses

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.

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 order special counseling. Noncompliance with a restraining order may result in imprisonment for up to three years, or a fine. In September the Sofia regional prosecution service reported a 24 percent increase in the number of domestic violence cases in the first six months of the year compared to the same period in 2020. Over 10 percent of the cases involved a death threat.

According to the NGO Center for Creative Justice, the law does not provide sufficient protection to victims of domestic violence. The ombudsman criticized the legal provisions that exonerate an offender 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.

In one example, in May the Dobrich regional court issued a restraining order against a 29-year-old man who entered a guilty plea and gave him a one-year suspended sentence for pouring gasoline on his former girlfriend and threatening to set her on fire. According to media reports, the two had lived together for a few years during which time the woman suffered numerous instances of physical and psychological violence but was afraid to complain to the authorities. After the woman broke up with him in January, the batterer stalked, intimidated, and harassed the woman.

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.

The Animus Association Foundation and other NGOs provided short-term protection and counseling to domestic violence survivors in 14 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. According to the Bulgarian Fund for Women, which provided free legal and psychological consultations, domestic violence was still a taboo outside big cities where there was less access to counseling and protection services.

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

Women in poor rural 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.

Romani NGOs stated that many municipalities set discriminatory requirements for access to health services to restrict Romani women’s access to them (see Systematic Racial and Ethnic Violence and Discrimination, below).

Lack of health insurance sometimes limited skilled attendance at childbirth. In April the NGO LARGO Association issued a report which estimated that 60 to 70 percent of all uninsured women, or between 8 and 9 percent of all women in the country, did not receive prenatal care and had no access to relevant medical tests. According to the report, 57 percent of uninsured women were Roma. Home births were illegal, and medical personnel could be prosecuted if they assisted them.

Victims of sexual violence, who NGOs stated were mainly uninsured, often did not have access to sexual and reproductive health services. Emergency contraception was available as part of clinical management of rape. Trafficking victims had access to health care through NGOs approved by 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 provides for 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 all decision-making bodies; and overcoming gender-based stereotypes.

In June the government adopted a two-year national gender equality plan that focuses on labor market equality, economic independence, decreasing the gender income gap, equal participation in decision making in politics, business, and society, combating gender-based violence, and overcoming gender stereotypes.

According to the National Statistical Institute, in 2020 women received on average 14 percent lower wages and 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.).

Burkina Faso

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: Gender-based violence was prevalent, including rape and domestic violence. According to the penal code, rape is punishable by a prison sentence of 11 to 20 years and a substantial monetary fine when committed against an adult or minor age 13 years or older. The penalty is 11 to 30 years in prison and even higher monetary fines when the survivor is younger than 13. Rape was widely underreported in part due to societal taboos and the drawn-out judicial process owing to the overburdened justice system. Media, however, reported on the prevalence of rape cases and subsequent convictions.

Two women were killed by their spouses on May 2 and May 9 in the Nord Region. Following these deaths hundreds of women marched on the local headquarters of the gendarmerie, where the men had taken refuge. Carrying tree branches and threatening to whip any man in their path, the protesters demanded justice for the two women, both of whom had been pregnant. The minister of women joined the demonstrations to show solidarity with the women but urged the crowd to allow the cases to work their way through the justice system.

On August 31, a man was sentenced to 48 months in prison plus a fine of 500,000 CFA francs ($177) for forcing a European woman, in May in a park in Ouagadougou, to perform oral sex on him under threat of stabbing her.

Survivors of domestic violence seldom pursued legal action due to shame, fear, or reluctance to take their spouses to court. For the few cases that went to court, the Ministry of Justice could provide no statistics on prosecutions, convictions, or punishment. On International Women’s Day, the Ministry of Women, National Solidarity, Family, and Humanitarian Affairs launched a toll-free number for survivors of domestic abuse. According to the head of the center, more than 425 calls were received in the hotline’s first two months of operation and 30 survivors received care. A government-run shelter for survivors of gender-based violence housed women and girls regardless of nationality. In Ouagadougou the ministry assisted survivors of domestic violence at four centers. The ministry sometimes provided counseling and housing for abused women.

The ministry has a legal affairs section to educate women on their rights, and several NGOs cooperated to protect women’s rights. To raise awareness of gender discrimination and reduce gender inequalities, the ministry organized numerous workshops and several awareness campaigns mainly in the Nord, Sahel, Est, and Centre-Ouest Regions.

The law makes conviction of “abduction to impose marriage or union without consent” punishable by six months to five years in prison. Conviction of sexual abuse or torture or conviction of sexual slavery is punishable by two to five years in prison. Conviction of these crimes may also carry substantial monetary fines.

The law requires police to provide for protection of domestic violence survivors and their minor children and mandates the establishment of chambers in the High Court with exclusive jurisdiction over cases of violence against women and girls. According to the minister of women, in 2020 the High Court of Ouagadougou heard more than 120 rape cases, 43 cases of assault, and 18 abduction cases of young girls. The law requires all police and gendarmerie units to designate officers to assist women affected or threatened by gender-based violence and to respond to emergencies; however, some units had not complied by year’s end. It also mandates the creation of care and protection centers in each commune for gender-based violence survivors and a government support fund for their care. The centers receive survivors on an emergency basis, offer them security, provide support services (including medical and psychosocial support), and, when possible, refer them to court.

Female Genital Mutilation/Cutting (FGM/C): The practice of FGM/C is prohibited by law, and those found guilty are liable to a prison sentence of one to 10 years with a substantial monetary fine. If a victim of FGM/C dies following the excision, the sentence increases to a term of 11 to 20 years’ imprisonment and an even higher monetary fine. Accomplices are also punishable with penalties. While comprehensive statistics were not available, as of 2019 the Ministry of Women, National Solidarity, Family, and Humanitarian Affairs had registered 185 FGM/C cases in the Sud-Ouest Region. Some arrests were reported.

Media reported some FGM/C cases. For example, on May 4, five girls ages between one and three years were excised in the village of Masbore, Nord Region. On June 29, the Ouahigouya Court held a criminal hearing on the case and sentenced four defendants to 24 months’ imprisonment with a suspended sentence and a fine of 100,000 CFA francs ($177). In July, 10 girls ages seven to 11 were excised in the village of Sideratougou in Banfora, but no arrests were reported.

The government continued to fund and operate a toll-free number to receive anonymous reports of the practice. The government continued to fund the Permanent Secretariat of the National Council for the Fight against the Practice of Excision. The council strengthened the skills of regional coordinators of women’s associations in the campaign against excision through training. The government also provided training to hundreds of health workers to strengthen their skills in caring for FGM/C-related medical complications. On July 14, President Kabore spoke with representatives of youth from the 13 regions of the country engaged in the campaign.

Other Harmful Traditional Practices: In the Centre-Est and Nord Regions, primarily in rural areas, self-proclaimed traditional healers performed rituals in which participants denounced others as “witches” whom they held responsible for their misfortune. Those accused, often elderly women, and less frequently men, were sometimes tied up, humiliated, beaten, brutalized, banned from their villages, or killed. Widows were disproportionately accused of witchcraft by male relatives, who then claimed their land and other inheritance. The law, which was seldom enforced, makes the conviction of physical or moral abuse of women or girls accused of witchcraft punishable by one to five years in prison, a substantial monetary fine, or both.

Sexual Harassment: The law provides for sentences of three months to one year in prison and a substantial monetary fine for conviction of sexual harassment; the maximum penalty applies if the perpetrator is a relative or in a position of authority, or if the survivor is “vulnerable.” The government was ineffective in enforcing the law. Owing to social taboos, survivors rarely reported sexual harassment.

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

Government and private health centers were open to all women and offered reproductive health services, skilled medical assistance during childbirth (essential obstetric and postpartum care), and diagnosis and treatment of sexually transmitted diseases. Family planning services were free in all public health facilities. Remote villages, however, often lacked these facilities or did not have adequate transportation infrastructure to permit easy access.

According to a March survey, modern contraceptive prevalence among women in union increased from 28 percent in February 2020 to 32 percent in March. The survey revealed an increase in unavailability for certain methods such as the implant, the pill, and the male condom in health facilities in the first quarter of the year compared with 2020. The survey revealed unmet reproductive needs dropped from 32 percent to 17 percent between December 2014 and March.

Geographical distance, illiteracy, insufficient capacity of providers, lack of medical supplies, and religious and social beliefs regarding the negative effects of contraceptive methods were the main barriers to access to contraception. Women’s limited decision-making power and men’s lack of support for and understanding of family planning were also barriers to access to contraception.

The government worked with international and local aid organizations to provide access to sexual and reproductive health services for IDPs.

The country’s volatile security situation impacted women’s and girls’ sexual and reproductive health needs because 12 percent of the health centers in the Nord, Sahel, and Est Regions closed due to insecurity.

In 2016, according to the National Institute of Statistics and Demography, the maternal mortality rate was 320 deaths per 100,000 live births. According to the UN Population Fund, between 2014 and 2019, 80 percent of births were attended by skilled health personnel. Among the leading causes of maternal deaths were hemorrhage (30 percent) and infection (23 percent).

The government’s official midwifery curriculum included components on the prevention of FGM/C and care for women and girls affected by it.

Discrimination: Although the law generally provides the same legal status and rights for women as for men, including under family, labor, property, and inheritance laws, discrimination frequently occurred. Labor laws provide that all workers, male and female, should receive equal pay for equal working conditions, qualifications, and performance. Women nevertheless generally received lower pay for equal work, had less education, and owned less property. There were legal restrictions on women’s employment under certain working conditions and in the same occupations and industries as men.

Although the law provides equal property and inheritance rights for women and men, land tenure practices emphasized family and communal land requirements more than individual ownership rights. As a result, authorities often denied women the right to own property, particularly real estate. Many citizens, particularly in rural areas, held to traditional beliefs that did not recognize inheritance rights for women and regarded a woman as property that could be inherited upon her husband’s death.

The government conducted media campaigns to change attitudes toward women. It sponsored several community outreach efforts and awareness campaigns to promote women’s rights.

Burma

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: Rape of women and men is illegal but remained a significant problem, and the regime did not enforce the law effectively. Rape of a woman outside of marriage carries a maximum sentence of 20 years in prison. Spousal rape is not a crime unless the wife is younger than the legal age of marriage (which may vary according to ethnicity or religion), and the penalty is a maximum of two years in prison. The law prohibits committing bodily harm against another person, but there are no laws specifically against domestic violence or spousal abuse unless the wife is younger than the legal age of marriage. Overlapping and at times contradictory legal provisions complicated implementation of these limited protections.

Domestic violence against women, including spousal abuse, remained a serious problem. Abuse within families was prevalent and considered socially acceptable. Spousal abuse or domestic violence was difficult to measure because the government did not maintain comprehensive statistics and survivor typically did not report it, although the government attempted to document cases, and reported cases were on the rise.

Sexual Harassment: The law prohibits sexual harassment and prescribes a maximum penalty of two years in prison if the harassment involves physical contact. Harassment is punishable by a fine or up to one year in prison. The regime did not report information on the prevalence of the problem, and many of these crimes were unreported. NGOs reported regime police investigators were not sensitive to survivors and rarely followed through with investigations or prosecutions.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities. The law allows the government to impose coercive birth-spacing requirements – 36 months between children – if the president or national government designates “special regions” for health care based on factors such as population, migration rate, natural resources, birth rates, and food availability. In such special regions, the government may create special health-care organizations to perform various tasks, including establishing family planning regulations. The government did not designate any such special regions.

In Rakhine State, local authorities prohibited Rohingya families from having more than two children, although some Rohingya with household registration documents reportedly circumvented the law.

The law otherwise limits the right of individuals to manage their reproductive health. Access to sexual and reproductive health services, including emergency contraception, for sexual violence survivors through public and private facilities was very limited and further exacerbated by the collapse of the public-health system after the coup. While September reports from Population Services International indicated that demand for oral contraceptives increased significantly in Rangoon after the coup, access to family planning was limited in rural areas. Economic hardship and security concerns in conflict-affected regions also limited access to family planning.

The Department of Social Welfare adapted gender-based violence services to COVID-19 restrictions, including expanding virtual platforms for online training.

The United Nations estimated in 2017 that the maternal mortality rate nationwide was 250 deaths per 100,000 live births. No more recent reliable data were available. The 2017 National Maternal Death Surveillance and Response Report stated that the maternal mortality ratio was highest in Shan, Chin, and Ayeyarwady States. NGOs regularly reported throughout the year that humanitarian access and movement restrictions among Rohingya limited access to health-care services and contributed to maternal mortality rates in Rakhine State being higher than the national average. Complications resulting from unsafe abortions were also a leading cause of maternal deaths.

Other major factors influencing maternal mortality included poverty; the high rate of home births (63 percent; a number that likely rose after the coup); limited availability of and access to comprehensive sexual and reproductive health services and information, including contraception, and maternal and newborn health services; low coverage of antenatal care visits; and the lack of access to services from appropriately trained and skilled birth attendants and other trained community health workers.

Discrimination: By law women enjoy the same legal status and rights as men, including property and inheritance rights and religious and personal status, but regime officials did not enforce the law. Communities around the country implemented customary law to address matters of marriage, property, and inheritance that differed from the provisions of statutory law and which was often discriminatory against women. The law requires equal pay for equal work, but the formal sector did not respect this requirement, and the regime did not actively enforce it. NGOs reported other forms of workplace discrimination were common (see also section 7.d.). The law restricts the ability of Buddhist women to marry non-Buddhist men by requiring public notification prior to any such marriage and allowing objections to the marriage to be raised in court. The law was rarely enforced. Poverty affected women disproportionately.

Burundi

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law prohibits rape against men and women, including spousal rape, with penalties of up to 30 years’ imprisonment for conviction. The law prohibits domestic abuse of a spouse, with punishment if convicted ranging from fines to three to five years’ imprisonment. The government did not enforce the law uniformly, and rape and other domestic and sexual violence were serious problems.

A 2016 law provides for the creation of a special gender-based crimes court, makes gender-based violence crimes unpardonable, and provides stricter punishment for police officers and judges who conceal violent crimes against women and girls. As of November 30, the special court had not been established, and no police officers or judges had been prosecuted under the law.

The National Police’s Unit for the Protection of Minors and Morals is responsible for investigating cases of sexual violence and rape as well as those involving the trafficking of girls and women. The government-operated Humura Center in Gitega and integrated centers in Makamba, Muyinga, and Cibitoke Provinces, provided a full range of services, including legal, medical, and psychosocial services, to survivors of domestic and sexual violence.

Sexual Harassment: The law prohibits sexual harassment, including the use of threats of physical violence or psychological pressure to obtain sexual favors. Punishment for conviction of sexual harassment may range from a fine to a prison sentence of one month to two years. The sentence for sexual harassment doubles if the victim is younger than 18. The government did not actively enforce the law. There were reports of sexual harassment but no data available on its frequency or extent and no evidence of arrests made under antisexual-harassment laws.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities. The government recognized the right of couples and individuals to decide the number, spacing, and timing of their children, and they had access to the information and means to do so free from discrimination, coercion, and violence. Men often made the final decisions regarding family planning.

The government provided free prenatal and postpartum services. There were no restrictions on access to contraceptives; the contraceptive prevalence rate was 29 percent. Health clinics and NGOs freely disseminated information on family planning under the guidance of the Ministry of Public Health. Faith-based clinics promoted the use of traditional family planning methods.

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

The 2016-2017 Demographic and Health Survey estimated the maternal mortality rate at 548 per 100,000 live births. According to the Ministry of Health, severe bleeding, infections, high blood pressure during pregnancy, complications during delivery, and unsafe abortions were the leading causes of maternal mortality. Other causes included effects from disease, such as malaria, or were related to chronic conditions like heart disease and diabetes. Mothers and pregnant women suffered from lack of access to adequate medical care, particularly in rural areas.

World Health Statistics indicated the adolescent birth rate was 54 per 1,000 in 2019. Leading causes of high adolescent birth rates likely included high rates of poverty and widespread lack of reproductive health education. Ministry of Education policy requires pregnant girls to stop attending classes until one year after they give birth or if they provide medical records showing the pregnancy ended.

There were reports of social and cultural barriers related to menstruation and access to menstruation hygiene that impacted women and girls’ ability to participate equally in society, including limits on girls’ access to education. Human rights organizations reported that lack of knowledge led to misconceptions, taboos, and negative cultural and social norms around menstruation. As a result, women and girls experienced negative health consequences and higher rates of school absenteeism and poor educational outcomes. Additionally, menstruation stigma prevented women and girls from seeking treatment for menstruation-related disorders or pain. They also refrained from taking certain jobs or were not able to work because of menstruation stigma.

Discrimination: The law provides for equal status for women and men, including under family, labor, property, and nationality. Women faced legal, economic, and societal discrimination, including regarding inheritance and marital property laws. Traditional practices continued to control distribution of assets in favor of men and boys. A woman does not inherit her father’s land and was expected to work on and benefit from the land of her husband.

By law women must receive the same pay as men for the same work, but the government did not effectively enforce the law (see section 7.d.). Some employers suspended the salaries of women on maternity leave, and others refused medical coverage to married female employees. The government provided only limited resources to enforce labor laws in general and did not enforce antidiscrimination laws effectively.

The law requires unmarried couples who cohabit to legalize their relationships through church or state registrations. On September 28, the minister of interior requested citizens to report any local authorities in unmarried cohabitation so that they would be suspended from their government jobs.

Cabo Verde

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: Conviction for rape of women and men is punishable by eight to 16 years’ imprisonment, and conviction for domestic violence is punishable by one to five years’ imprisonment. Spousal rape is implicitly covered by the law; penalties for conviction range from one to five years’ imprisonment. The law focuses on increasing protection of victims, strengthening penalties for convicted offenders, and raising awareness regarding gender-based violence. The law calls for establishing several care centers with financial and management autonomy, but implementation lagged due to inadequate staffing. Violence and discrimination against women remained significant problems. The National Police Annual Report for 2020 reported 1,667 cases of gender-based violence, a figure that represented 24 percent of all reported crimes against persons for that year. The Attorney General’s Office reported 1,832 cases of gender-based violence between August 2020 and July.

The National Police regularly accompanied victims of sexual violence and other forms of gender-based violence to the hospital and escorted them to their homes to collect their belongings. Police officers helped victims go to a location where they believed they would be safe. The Cabo Verdean Institute for Gender Equality and Equity ran five shelters on four islands, two on Santiago and one each on Fogo, Sao Vicente, and Boa Vista.

The government did not always enforce the law against rape and domestic violence effectively. NGO sources noted the lack of social and psychological care for perpetrators and victims alike.

Sexual Harassment: The penal code criminalizes sexual harassment. Penalties for conviction include up to one year in prison and a substantial monetary fine. Although authorities generally enforced the law, sexual harassment was common.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities. Survivors of sexual violence had access to contraception and sexual and reproductive health services, including emergency contraception.

Discrimination: The law, including that related to family, religious, personal status and nationality, labor, property, inheritance, employment, access to credit, and owning or managing business or property, provides for the same legal status and rights for women as for men, and the government enforced the law somewhat effectively.

Women suffered discrimination in equal pay for equal work (see also section 7.d.). Women often worked in informal jobs and lacked access to social security. When girls became pregnant while still in school, they nearly always dropped out and did not resume their education.

Cambodia

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: Rape and domestic violence were significant problems. The law, which does not specify the sex of a victim, criminalizes rape and “indecent assault.” Rape is punishable by five to 30 years’ imprisonment. Spousal rape is not specifically mentioned in the law, but the underlying conduct may be prosecuted as “rape,” “causing injury,” or “indecent assault.” Charges for rape were rare. The law criminalizes domestic violence and assigns penalties ranging from one to 15 years’ imprisonment.

Rape and domestic violence were likely underreported due to fear of reprisal, social stigma, discrimination, and distrust of police and the judiciary. Women comprised a small proportion of judicial officials, which likely contributed to underreporting of rape and domestic abuse. NGOs reported authorities inadequately enforced domestic violence law and avoided involvement in domestic disputes.

Rape and domestic violence sometimes led to death. Most observers believed neither authorities nor the public generally regarded domestic violence as a criminal offense.

In one example, Heng Sear, a wealthy businessman with connections to the government, was accused of sexual assault by university student and former beauty pageant contestant Mean Pich Rita who, after refusing Heng’s advances, was arrested in May for allegedly stealing his cell phone. She was quickly released after a public outcry, but police took no action against Heng.

The Ministries of Information and Women’s Affairs implemented a code of conduct for media reporting on violence against women, which bans publication of a survivor’s personal identifiable information, photographs of victims, depictions of a woman’s death or injury, depictions of nudity, and the use of certain offensive or disparaging words against women.

Sexual Harassment: The law criminalizes sexual harassment, imposing penalties of six days’ to three months’ imprisonment and modest fines. Workplace sexual harassment was believed to be widespread.

As of September no legal action had been taken against Ouk Kosal, the former police chief of Kampong Thom Province. In July 2020 four female police officers submitted a letter to Deputy Prime Minister and Interior Minister Sar Kheng reporting that Kosal sexually assaulted them. The letter stated they had reported the abuse on multiple occasions since 2018, but the case had not progressed. National Police chief Neth Savoeun stated that police did not take action because they “wanted to protect the dignity of the women.”

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

Cultural barriers played a significant role in limiting women’s access to contraceptives. Unmarried, sexually active persons were often too shy or embarrassed to ask for contraceptives at health centers, clinics, and pharmacies.

The government provided access to sexual and reproductive health services to survivors of sexual violence, including emergency contraception.

According to the country’s 2019 census, the maternal mortality rate was 141 deaths per 100,000 live births, compared with 178 deaths per 100,000 live births in 2015. Major factors influencing high maternal mortality rates included shortages of adequate health facilities, medications, and skilled birth attendants.

Discrimination: The constitution and law provide for equal rights for women and men, including equal pay for equal work and equal status in marriage. The government did not effectively enforce the law. For the most part, women had equal property rights, the same legal right as men to initiate divorce proceedings, and equal access to education, but cultural traditions and greater parenting responsibilities than men limited the ability of women to reach senior positions in business and government or participate in the workforce.

The government expected women to dress and comport themselves according to “Khmer traditions.” In March a female police officer was forced to apologize for a Facebook post showing her nursing her baby while in uniform, leading to an outcry from civil society groups and some government officials, who came to the woman’s defense. On June 5, authorities arrested a woman selling lotions online for “ruining women’s honor” and accused her of using inappropriate and sexual words during an online promotion of her product.

Cameroon

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape and provides penalties of between five and 10 years of imprisonment for convicted rapists. Police and courts rarely investigated or prosecuted rape cases, especially since survivors often did not report them. The law does not address spousal rape, nor does it specifically prohibit domestic violence, although assault is prohibited and punishable by imprisonment and fines.

During the year there were allegations that persons associated with the government raped women and children. Authorities investigated the allegations in some cases but denied the reports in other cases. On August 2, HRW reported that on June 8-9, members of the security forces raped a 53-year-old woman in the Northwest Region. Authorities did not order any investigation into the allegations (see also sections 1.a, 1.c., and 1.g.).

On April 29, Yaya Hamza Bamanga, an examining magistrate at the Koung-Khi High Court in Bandjoun, charged senior police inspector Asso’o Simon Jean with aggravated rape of a student (see also section 1.c.).

Female Genital Mutilation/Cutting (FGM/C): The law protects the bodily integrity of persons and prohibits genital mutilation for all women, including women ages 18 and older and girls younger than 18. Perpetrators are subject to a prison sentence of 10 to 20 years or imprisonment for life if the offender habitually carries out this practice for commercial purposes, or if the practice causes death. According to estimates by the UN Population Fund (UNFPA), FGM/C prevalence among girls ages 15 to 19 between 2004 and 2018 was zero percent. On February 6, the International Day of Zero Tolerance to Female Genital Mutilation, Minister of Women’s Empowerment and the Family Marie Therese Obama met the Muslim community at the Yaounde Briquetterie neighborhood to raise awareness concerning FGM/C. Although the practice was gradually dying out as indicated by statistical data collected during the previous 10 years, the minister said she believed it continued in some areas. As in the previous year, anecdotal reports suggested children were subjected to FGM/C in isolated areas of the Far North, East, and Southwest Regions and among the Choa and Ejagham ethnic groups.

Other Harmful Traditional Practices: Widows were sometimes forcibly married to one of their deceased husband’s relatives to secure continued use of property left by the deceased husband, including the marital home. The government included provisions in the law outlawing the eviction of a spouse from the marital home by any person other than the other spouse. The practice of widow rites, by which widows were subject to certain trials such as bathing in public or movement restrictions, was also prevalent in some parts of the country, including in some rural communities of the West Region.

Sexual Harassment: The law prohibits sexual harassment. Offenders may be subject to imprisonment for periods of six months to one year and a fine. If the survivor is a minor, the penalty may be one to three years in prison. If the offender is the survivor’s teacher, the penalty may increase to three to five years in prison. Despite these legal provisions, sexual harassment was widespread and there were no reports during the year that anyone was fined or imprisoned for sexual harassment, in part due to sexual harassment survivors’ reluctance to file official complaints for fear of reprisal and or stigmatization.

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

The Ministry of Public Health offered counseling services to women during prenatal visits, promoting the concept of responsible parenthood and encouraging couples to use contraception to space the timing of their children. Many women, however, lacked the means to manage their reproductive health, and societal pressures continued to reinforce taboos on discussing reproductive health within certain communities. Women’s dependence on receiving their husbands’ consent continued to be a barrier in contraceptive decisions.

The government provided support to survivors of sexual violence and other forms of gender-based violence through the development of policies to protect survivors of gender-based violence, legal support to survivors via the judiciary network, general clinical care offered in health facilities, and collection of data through the District Health Information System and provision of situational analysis. Many of the prevention and basic support programs for survivors of gender-based violence were implemented by community-based organizations.

The Ministry of Health did not provide emergency contraception for survivors of gender-based violence. UNFPA provided a kit with emergency contraception as part of post-gender-based violence clinical care. These kits were offered in a few clinical sites that provided services to gender-based violence survivors.

UNFPA indicated that as of mid-September the contraceptive prevalence rate among all women ages 15 to 49 using any method was 27 percent, and 23 percent among married or in-union women ages 15 to 49. The information also indicated that contraceptive prevalence rate among all women ages 15 to 49 using a modern method was 22 percent and 17 percent among married or in-union women. Unmet need for family planning among all women ages 15 to 49 was 16 percent, while it was 23 percent of married or in-union women. Access to and availability of basic social services, including sexual and reproductive health care, however, were severely limited in conflict-affected regions, and many pregnant women did not have access to adequate maternal health care.

The 36 billion CFA francs ($65.5 million) Health Check project launched in 2015 in the Adamawa, North and Far North Regions to contribute to the reduction of maternal and child mortality came under review on March 4. Maternal and neonatal mortality decreased to 467 maternal deaths per 100,000 live births, and 28 neonatal deaths per 100,000 infants. Health checks were sold to women at a cost of 6,000 CFA francs ($11), which granted women access to four prenatal consultations, echography, delivery including cesarian and postnatal consultations, and a 42-day stay after delivery in a health-care facility.

Discrimination: The constitution provides women and men the same legal status and rights. The government, however, often did not enforce the law. In practice, women did not enjoy the same rights and privileges as men. Although local government officials claimed women had access to land in their constituencies, the overall sociocultural practice of denying women the right to own land, especially through inheritance, was prevalent in most regions. The government did not implement any official discriminatory policy against women in such areas as divorce, child custody, employment, credit, pay, owning or managing business or property, education, the judicial process, or housing. There were legal restrictions to women’s employment in some occupations and industries. Within the private sector, fewer women occupied positions of responsibility.

Canada

Section 6. Discrimination and Societal Abuses

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 prison sentences of up to 10 years, 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 law does not define specific domestic violence offenses, assault, aggravated assault, intimidation, mischief, or sexual assault charges apply to acts of domestic violence. 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 generally enforced the law effectively. Police received training in interacting with victims of sexual assault and domestic violence, and agencies provided hotlines to report abuse.

The law was appropriately enforced, but a study prepared for federal, provincial, and territorial ministers of justice and released to the public in 2018 acknowledged challenges in reporting, investigating, and prosecuting sexual assault cases. Crimes of sexual assault were self-reported, and the majority of incidents were not reported to police. According to studies in 2014 by the federal department of justice, 83 percent of survivors of sexual assault did not report their assaults to police in that year. Of all sexual assaults reported to and substantiated by police from 2009 to 2014, 43 percent resulted in police laying a charge, 21 percent proceeded to court, and 12 percent resulted in a criminal conviction over the six-year period. Indigenous women and girls were disproportionately victims of sexual abuse. In 2014 indigenous women reported a sexual assault rate of 115 incidents per 1,000 population, significantly higher than the rate of 35 per 1,000 reported by nonindigenous women.

Approximately 1,180 indigenous women disappeared or were killed from 1980 to 2012, according to a 2014 report by the Royal Canadian Mounted Police. Indigenous advocates and a report issued in 2019 by the government-commissioned National Inquiry into Missing and Murdered Indigenous Women and Girls (NIMMIWG) stated the number was probably far higher, since many deaths had gone unreported. Indigenous women and girls made up an estimated 5 percent of the country’s women but represented 16 percent of the women killed, according to government statistics. Indigenous women and children were also at high risk of human trafficking.

The NIMMIWG concluded in 2019 that the government’s treatment of indigenous peoples amounted to “deliberate race, identity, and gender-based genocide,” that the harm continued, and that it required immediate remedy. On June 1, two years after the NIMMIWG report and one year later than the government had originally promised an official response, the Native Women’s Association of Canada (NWAC) said it had “lost confidence” in the government and released its own NIMMIWG action plan without waiting for government action. NWAC is a nongovernmental organization (NGO) that had originally spurred creation of the NIMMIWG. On June 3, the government released its National Action Plan in response to the NIMMIWG inquiry’s 231 recommendations. The government attributed the delay to the COVID-19 pandemic. The plan committed C$2.2 billion ($1.7 billion) over five years and C$160.9 million ($127 million) for data collection, counseling and support services, culture, health, justice, safety, and security, and to combat human trafficking. It committed to no timeline for action.

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 to advance women’s human rights. The government continued a national strategy begun in 2017 to prevent and address gender-based violence, budgeting C$101 million ($77.8 million) over five years and C$20.7 million ($16.6 million) annually thereafter to create a center of excellence within Status of Women Canada for research, data collection, and programming, and to provide support for prevention, victim and family support, public education, justice, training, and programming. 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.

In July preliminary findings from the Canadian Femicide Observatory for Justice and Accountability’s (CFOJA) midyear report found 92 women and girls were killed between January and June, 79 of whom were killed by men. Indigenous women accounted for 12 percent of femicide victims, despite comprising 5 percent of the country’s population. The CFOJA reported 60 women and girls were victims of femicide in 2020. NGOs reported higher demand for services during the COVID-19 pandemic and attributed increases in domestic partner fatalities in part to the stress of societal lockdowns. The Ontario Association of Interval and Transition Houses reported an increase of domestic violence fatalities in Ontario of more than 84 percent, from 19 to 35 in the first half of the year, compared with the same period in 2020.

On April 23, the Quebec government allocated C$223 million ($173.4 million) over five years to combat gender-based violence, including C$90 million ($70 million) for women’s shelters. The new money, combined with allocations in the provincial budget in March and previous commitments, totaled C$425 million ($330.5 million) over five years. According to the Quebec public security minister, as of October, 16 women had been killed by their male partners in Quebec, a significant increase from an average of 12 deaths in the province attributed to domestic violence in a calendar year.

Female Genital Mutilation (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 occurred on occasion, predominantly in diaspora communities. While internal government reports leaked to media asserted that FGM/C practitioners and victims often traveled to the country of the practitioners’ origin for the illegal procedure, officials also sought to prevent the entry of FGM/C practitioners into the country.

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 guidance.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of the government. A class action suit filed in 2017 against the province of Saskatchewan by at least 60 indigenous women who claimed physicians in the provincial health system subjected them to coerced sterilization or sterilization without proper or informed consent between 1972 and 2017 remained in progress as of November.

No significant legal, social, or cultural barriers or government policies adversely affected access to contraception; cost was cited as the most important barrier to contraception access in the country, particularly for young and low-income women and indigenous women in northern or remote communities where menstrual products and other imported consumer goods cost significantly more than in southern and urban communities. The government provided access to sexual and reproductive health services for survivors of sexual violence in hospitals and through dedicated sexual assault care centers, including emergency contraception as part of clinical management of rape.

Women had access to emergency health care, including services for the management of complications arising from abortion. Skilled health attendants were available during pregnancy and childbirth and were publicly funded; however, women in rural, remote, and Arctic areas had more difficulty accessing care. Although the country’s maternal mortality rate in 2018 was low at 8.5 per 100,000 live births, a 2016 medical study reported indigenous women had a two times higher risk of maternal mortality than the national average and a higher risk of adverse outcomes, including stillbirth, perinatal death, low-birth weight infants, prematurity, and infant deaths. The country’s birth rate among females 15 to 19 years of age was 6.3 per 1,000 in 2019, the latest available figure, and varied widely by province. In Ontario, the most populous province that includes multiple urban centers, the birth rate was 4.3 per 1,000 females between the ages of 15 and 19. In the rural northern territory of Nunavut – 86 percent of the population of which was indigenous – the rate was 97.3 per 1,000. The country’s national statistical agency cited low income, overcrowded or inadequate housing, lack of a high school diploma, and lack of access to sexual health education and contraception as social determinants of higher birth rates among indigenous adolescents.

Discrimination: Women have the same legal status and rights as men, including under family, religious, personal status and nationality laws, as well as laws related to labor, property, inheritance, employment, access to credit, and owning or managing businesses or property. The government enforced these rights effectively.

In May the government released 2020 data regarding female representation and diversity on the corporate boards of approximately 669 publicly traded companies in the country required by law to disclose annual diversity data. Women held 25 percent of all senior management positions in the identified companies and 50 percent had at least one woman on their board of directors. Fourteen percent had set targets for the representation of women on their boards and 32 percent had written policies relating to the identification and nomination of women for board seats. 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 that hourly wages for women were, on average, lower than for men but that the wage gap had narrowed to 87 cents for women for every dollar earned by men in 2018 (latest available figures), except at the top of corporate structures. The agency attributed the change to women’s higher rates of public-sector work, unionization, and higher educational attainment and cited factors such as differences in the industries where men and women work, and the higher likelihood for women to work part-time, for the continuing gap.

An April 20 ruling by Quebec’s Superior Court upheld most of a provincial law that bans specific public employees in positions of authority from wearing religious symbols at work. The Superior Court judge acknowledged the law violated the rights of Muslim women and had “cruel” and “dehumanizing” consequences for those who wore religious symbols but concluded it did not violate the country’s constitution. The province had shielded the law by invoking a constitutional override provision that allows a province to suspend protected rights for a period of five years. The judge, however, struck down the application of the law for two worker categories: members of the provincial National Assembly and those working for Anglophone school boards. Under the law judges, lawyers, police officers, and teachers in the majority Francophone public school system continued to be prohibited from wearing visible religious symbols at work. The two-tiered ruling was seen by minority rights groups as a major setback that they said would perpetuate violation of religious freedom and permit the continuation of legal discrimination in the province – especially against Muslim women. The judge remarked in his ruling that persons who “fall into this category can no longer seek out new jobs in the public service without compromising their beliefs.”

In June the Quebec government appealed the Superior Court ruling, which remained pending as of November. The government’s appeal paused the exemption from the law for Anglophone school boards; the English Montreal School Board asked the Quebec Court of Appeal for a temporary exemption to allow them to hire staff before the appeal was decided. A judicial decision on the temporary exemption also remained pending as of November. Separately, Muslim and civil rights organizations in Quebec in May said they would appeal the Superior Court ruling. Their appeal remained pending as of November.

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

Central African Republic

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes all forms of physical and sexual violence, as well as sexual exploitation. The law prohibits rape of all persons regardless of gender, although it does not specifically prohibit spousal rape. Rape is punishable by imprisonment with hard labor, but the law does not specify a minimum sentence. The government did not enforce the law effectively.

Domestic abuse, rape, and sexual slavery of women and girls by several armed rebel groups continued to threaten security, as did the use of sexual violence as a deliberate tactic of conflict. Attackers enjoyed broad impunity.

Although the law does not specifically mention spousal abuse, it prohibits violence against any person and provides for penalties of up to 10 years in prison and prohibits all forms of violence against women. Domestic violence against women was common, including physical and verbal abuse and spousal rape. There were no reports of prosecutions during the year for domestic violence, although many courts did not operate for much of the year due to instability throughout the country. According to UNICEF’s 2006 Multiple Indicator Cluster Survey (MICS), nearly 45 percent of women suffered physical violence from their husbands or relatives; 52 percent suffered verbal abuse, and 32 percent were raped.

Women and girls were particularly affected by high rates of conflict-related sexual violence. Decades of unrest and harmful traditions and cultural practices in the country exacerbated gender-based violence, in particular rape, forced marriage, and domestic violence. Survivors of sexual violence were discriminated against, and the government was unable to provide adequate care, including health and social services, to survivors. Sexual violence committed by armed actors increased the risk of spreading HIV and other sexually transmitted infections. In Bangui, Medecins Sans Frontieres (Doctors Without Borders) observed a significant increase in cases of conflict-related sexual violence; the number of consultations linked to such attacks in its Bangui-based Tongolo center rose from 173 in December 2020 to 421 in February. Local NGOs like the National Association for the Support of Free Women and Girls Victims of Sexual Violence in Situations of Distress, the Flamboyants, and the Nengo (“Dignity” in the country’s predominant Sango language) Project assisted victims of sexual violence.

Increased instances of sexual violence corresponded to rising armed group activity and clashes between CPC rebels and the FACA after December 2020. Between January and June, MINUSCA’s human rights office documented 131 incidents of sexual violence connected to the conflict, including 115 rapes. Of these, 19 cases involved government security forces and Wagner Group elements, while 112 involved CPC rebels. For example during the electoral period, 3R and Anti-balaka rebels seized control of Bouar town in Nana-Mambere Prefecture. MINUSCA recorded 21 cases of rape pursuant to this single incident.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C of women and girls and establishes penalties of two to five years’ imprisonment and a monetary fine. When FGM/C results in the death of the victim, sentences can reach life terms with hard labor and a substantial monetary fine.

Nearly one-quarter of girls and women were subjected to FGM/C, with variations according to ethnicity and region. One percent of girls ages 10 to 14 were mutilated. Both the prevalence of FGM/C and support for the practice appeared to be decreasing, according to 2018 data, the most recent available. Information on what may be causing this trend was unavailable.

Sexual Harassment: The law prohibits sexual harassment, but the government did not effectively enforce the law, and sexual harassment was common. The law prescribes no specific penalties for the crime. In August the National Assembly passed a law on the prevention of sexual harassment in the workplace.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities. The most recent available data on reproductive health is based on 2019 surveys. According to UNICEF’s 2018-2019 MICS Findings Report, 82 percent of women, and 89 percent of girls ages 15 to 19 years did not use contraception. Individuals have the right to decide freely and responsibly the number, spacing, and timing of children. The law authorizes abortion for pregnancies resulting from rape. The MICS 2010 survey indicated that the abortion rate was 7 percent among women ages 15 to 45.

The maternal mortality rate was 829 per 100,000 live births, according to the World Health Organization. The major factor contributing to the high maternal death rate was the lack of access to adequate health care. According to 2019 data from the Ministry of Health, the most recent available, there were 873 health-care establishments in the country, of which approximately 52 were hospitals. Of these, 50 percent were small, often rural doctor’s offices, and 44 percent were clinics. Most health-care establishments received medicine, supplies, and other support from humanitarian organizations including UN organizations, the ICRC, and Doctors Without Borders.

Only 19 percent of women reported receiving prenatal care for their last pregnancy (MICS 2018-2019). The birth rate was high at 6.4 per woman (MICS 2018-2019) and 43 percent of women reported having a child before age 18 (MICS 2018-2019). Lacking sexual and reproductive education contributed to early pregnancy among girls, which was more prevalent in rural than in urban areas (MICS 2010). Only 53 percent of births in 2006 were attended by qualified health personnel (83 percent in urban areas, 35 percent in rural areas). Data from the 2018-2019 MICS survey indicated that the infant mortality rate was 100 per 1,000 live births, and 53 percent of deliveries were assisted.

The government worked closely with the International Organization for Migration and MINUSCA to train and deploy the Mixed Unit for Rapid Intervention and Repression of Sexual Violence to Women and Children (UMIRR). UMIRR opened a new office in Bouar in September to reach victims of sexual violence in the country’s northwestern region. Emergency contraception was not widely available to women as a part of the country’s clinical management of rape. (See the Female Genital Mutilation/Cutting (FGM/C) subsection for additional information.)

Menstrual health and hygiene issues severely impacted girls’ ability to attend school. Socioeconomic barriers, rather than explicit policies, often prevented pregnant girls from attending school.

Discrimination: The formal law does not discriminate against women in inheritance and property rights, but the government did not enforce the formal law effectively, and discriminatory customary laws often prevailed. Women’s statutory inheritance rights often were not respected, particularly in rural areas. Women experienced economic and social discrimination. Customary law does not consider single, divorced, or widowed women, including those with children, to be heads of households. By law men and women are entitled to family subsidies from the government, but several women’s groups complained of lack of access to these payments for women.

Chad

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: Rape is punishable by eight to 30 years in prison. Nevertheless, rape – including rape of female refugees – was a problem. The law does not specifically address spousal rape, the gender of victims, or domestic violence. Police often detained alleged perpetrators, but rape cases were rarely tried. Authorities fined and released most rape suspects, according to local media. Communities sometimes compelled rape survivors to marry their attackers.

Although the law prohibits violence against women, gender-based violence was widespread. Police rarely intervened, and women had limited legal recourse. On June 21, the Chadian League for Women’s Rights and other women’s associations demonstrated in N’Djamena against rape and all forms of violence faced by women.

During the year the Ministry of Women, Family, and Childhood Protection worked to address gender-based violence. The ministry helped organize events against gender-based violence at universities and seminars throughout the country, and on November 25, it launched a 16-day campaign against the abuse. In December the ministry also inaugurated two hospital-based centers to address the psychosocial, medical, and social reintegration needs of survivors of gender-based violence. The ministry also took an active role in advocating for an update to the National Gender Strategy and held an event in December in support of this effort. The ministry had a leadership role in advocating for women’s rights via the G5 Sahel.

During the year local newspapers began reporting what many perceived as an increase in cases of gender-based violence. For example, on September 27, a man killed his former wife in southeastern Sila Province. In response, on September 29, CMT President Mahamat Deby responded to the wave of gender-based violence, assuring that “these abject acts, contrary to our habits and customs, will not go unpunished.” The government did not provide further information on investigations or prosecutions following the September 29 announcement.

On April 4, Niger’s National Human Rights Commission and the G5 Sahel Joint Force affirmed that Chadian soldiers engaged in the fight against jihadists in the Sahel were responsible for the rapes of several women (see section 1.c.).

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C for girls and women, but the practice remained widespread, particularly in rural areas. According to 2019 data from UNICEF, the latest available, approximately 29 percent of girls and women ages 15 to 49 were survivors of FGM/C. The Ministry of Women and Early Childhood Protection is responsible for coordinating activities to combat FGM/C. By law FGM/C may be prosecuted as a form of assault, and charges may be brought against the parents of survivors, medical practitioners, or others involved. Nevertheless, lack of specific penalties hindered prosecution, and authorities prosecuted no cases during the year.

NGOs cited enduring local social norms and limited federal authority in rural areas as major impediments to progress. Observers denounced ineffective local officers and ministry officials, saying that despite local NGO efforts, such initiatives would not gain traction without government action. Observers reported that FGM/C continued to have the tacit support of local leaders and had become increasingly common over the past year, with impunity and political influence hindering its eradication.

Sexual Harassment: Sexual harassment, both verbal and physical, was widespread at all levels of society and typically targeted women. The law provides penalties for sexual harassment ranging from six months to three years in prison and fines. The government did not effectively enforce the law.

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

Many persons lacked access to reproductive information or care, particularly in rural areas. Obstacles to contraception use included the lack of education, the limited supply of contraceptive products, and cultural paradigms. The government provided some contraception products for free to the public through NGOs. The UN Population Fund (UNFPA) estimated only 24 percent of live births were attended by skilled health personnel between 2014 and 2019. The country had a severe shortage of health-care providers, including nurses, midwives, hospital staff, and specialists, such as obstetricians. Prenatal care remained limited, particularly in rural areas. The government provided limited access to sexual and reproductive health services for survivors of sexual violence due to capacity constraints. Emergency contraception was officially unavailable, including as part of the clinical management of rape.

UNFPA estimated that in 2017, the latest data available, the maternal mortality rate was 1,140 deaths per 100,000 live births. Factors contributing to maternal mortality included adolescent pregnancies, multiple closely spaced births, and lack of access to medical care.

UNICEF reported in 2013, the latest available, the adolescent birth rate was 179 per 1,000 adolescent women ages 15 to 19. The country’s high adolescent birth rate was partially attributed to conservative cultural practices, traditional gender norms in both urban and rural areas, lack of birth control, and lack of access to family planning services.

Adolescent women reported barriers to access education due to menstruation or childbirth (see the Discrimination subsection for additional information). Peers and community members often shamed female students who become pregnant while studying, and some schools did not permit their attendance.

Discrimination: Although property and inheritance laws provide the same legal status and rights for women as for men, the government did not enforce the laws effectively. Inheritance, property, and housing practices frequently discriminated against women due to cultural and religious elements present in many communities. Women often could not inherit property from their father or husband. Additionally, local leaders settled most inheritance disputes in favor of men, according to traditional practice. Women seeking to rent a house often had to prove they were married, while men were able often to rent without a similar burden. Women requesting divorce from men often faced a process that took three times as long as men asking for the same. While access to financial resources typically benefited men in child custody cases, some courts granted child custody to economically disadvantaged women who demonstrated a better ability to care for children over better-resourced men.

Women who did not enjoy access to the same resources as men often struggled to qualify for credit based on one’s resources. Female entrepreneurs reported perceptions of slowness of administrative paperwork approval relative to male peers. Female entrepreneurs also pointed to a lack of understanding of their needs, since longstanding gender norms had also filled the ranks of local administrators with a male-heavy decision chain. There were legal restrictions to women’s employment in occupations deemed dangerous, including mining, construction, and factories.

In some ethnic groups, when a woman menstruated she was not permitted to prepare food for men to eat because she was considered “unclean.” Some religious groups prohibited a woman from praying during her menstrual period.

Chile

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape. Penalties for rape range from five to 15 years’ imprisonment, and the government generally enforced the law.

The law criminalizes some forms of both physical and psychological domestic violence and protects the privacy and safety of the victim making the charge of rape or domestic violence.

Family courts handle cases of domestic violence and penalize offenders with monetary fines and other sanctions, such as eviction of the offender from the residence shared with the survivor, restraining orders, confiscation of firearms, and court-ordered counseling. Cases of habitual psychological abuse and physical abuse are prosecuted in the criminal justice system. Penalties are based on the gravity of injuries and range from 61 days’ to 15 years’ imprisonment. Murder in the context of domestic violence is defined as femicide in the criminal code, and penalties range from 15 years to life in prison. The government generally enforced the laws against domestic violence effectively.

The Ministry of Women and Gender Equality had a victim’s assistance and protection program that operated psychological, legal, and social assistance centers and shelters throughout the country and maintained an emergency hotline.

Violence against women and girls, including rape and femicide, was a significant problem. Reports to police and prosecutors of domestic violence were less frequent than in previous years due to public health measures restricting movement to prevent the spread of COVID-19, thus making it more difficult for victims to report.

On September 6, Jessica del Carmen Gonzalez Toledo was found dead of stab wounds in her home after coworkers filed a missing-person report. Police found and arrested her partner at the scene. The man was charged with femicide and placed in pretrial detention.

On November 28, well known environmental activist Javiera Rojas was found dead in Calama, in the Antofagasta Region. Police reported her body was found with hands and feet bound. On December 2, two men, including her partner with whom she lived, were charged with murder and placed in pretrial detention.

On November 26, Hugo Bustamante and Denisse Llanos were convicted for the August 2020 rape and murder of 16-year-old Ambar Cornejo, Llanos’s daughter, and were sentenced to life imprisonment. Bustamante, who was Denisse Llanos’s partner, had prior convictions for killing a previous partner and her nine-year-old son in 2005 and was freed on parole in 2016. Both were given additional sentences for multiple other crimes, including for sexually abusing Ambar’s brother.

Sexual Harassment: Workplace sexual harassment is a civil but not criminal offense; penalties are outlined exclusively in the labor code. By law sexual harassment in the workplace is cause for immediate dismissal from employment. The law requires employers to define internal procedures or a company policy for investigating sexual harassment. Employers may face fines and additional financial compensation to victims if it is shown the company did not follow its policy on sexual harassment. The law provides protection to those affected by sexual harassment by employers and coworkers. The law provides severance pay to individuals who resign due to sexual harassment if they have worked at least one year with the employer.

Sexual harassment in public spaces is a crime. The law defines any words or gesture of a sexual nature designed to intimidate or humiliate another person as harassment. The law also covers audiovisual recordings of an individual’s genital area or private parts without consent. Depending on the severity of the crime, penalties range from 61 days’ to five years’ imprisonment and monetary fines.

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

The national health service provided contraception and reproductive health services. Access to sexual and reproductive health services and information was limited in remote regions, which especially affected poor women.

On February 23, the government fined the pharmaceutical company responsible for supplying defective or improperly packaged birth control pills distributed by public health clinics during 2020. The defective pills allegedly caused at least 170 unwanted pregnancies. The government withdrew the pills from the market in September 2020 but did not publicize the problem or warn women using the potentially defective pills. On March 28, the National Corporation of Consumers and Users sued two laboratories, Silesia and Andromaco, in a Santiago civil court for reparation for economic and moral consequences to the affected mothers.

The government’s National Service for Women and Gender Equality provided access to medical, legal, and psychological services for victims of sexual violence. Emergency contraception was available at pharmacies without a prescription. The National Service operated specialized centers for victims of sexual violence in Santiago, Valparaiso, and Concepcion, 110 centers nationwide for victims of gender-based violence, and a toll-free victims’ hotline. The National Service for Minors (SENAME) provided assistance and shelters for victims younger than 18.

Discrimination: Although women possess most of the same legal rights as men, local human rights organizations reported that the government did not enforce the law effectively and that discrimination persisted in employment, pay, ownership and management of businesses, and education.

Certain laws defining the marital relationship enable discrimination. The most common marital arrangement is “conjugal society,” which provides that a husband has the right to administer joint property, including his wife’s property, without consultation or written permission from his wife, but a wife must demonstrate that her husband has granted his permission before she is permitted to make financial arrangements. Legislation was pending despite a 2007 agreement with the Inter-American Commission on Human Rights to modify the conjugal society law to give women and men equal rights and responsibilities in marriage. The law provides that, unless a woman is married under the separate-estate regime or a joint-estate regime, she may not enter into a commercial partnership agreement without permission from her husband, while a man may enter into such an agreement without permission from his wife.

Despite a law providing for equal pay for equal work, one-third of women were paid less than men, according to an organization specializing in market and consumer data. The Ministry of Women and Gender Equality oversaw protecting women’s legal rights and was specifically tasked with combatting discrimination against women.

China (Includes Hong Kong, Macau, and Tibet)

Section 6. Discrimination and Societal Abuses

Women

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

Domestic violence remained a significant problem. Some scholars said victims were encouraged to attempt to resolve domestic violence through mediation. Societal sentiment that domestic violence was a personal, private matter contributed to underreporting and inaction by authorities when women faced violence at home. The law defines domestic violence as a civil, rather than a criminal, offense. The web publication Sixth Tone reported in 2019 that 25 percent of families had experienced domestic violence.

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

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

On November 2, professional tennis player Peng Shuai in a since-deleted post on Weibo accused former Politburo Standing Committee member and vice premier Zhang Gaoli of sexually assaulting her in 2018. Peng said she and Zhang previously had an extramarital relationship and that she went to Zhang’s house “about three years ago” at his invitation to play tennis with him and his wife, when he sexually assaulted her. International media said this was the first such public accusation against a senior CCP official. Peng disappeared from public view following her post, and her social media accounts were blocked. Her disappearance sparked an international outcry, and a subsequent series of public sightings were criticized as staged propaganda intended to defuse international criticism.

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

Sexual Harassment: The law prohibits sexual harassment against women. The law defines behaviors included in the definition of harassment, eliminates the statute of limitations of minors seeking to sue on sexual harassment grounds, and requires employers to make affirmative efforts to prevent and address sexual harassment in the workplace. It remained difficult for victims to file a sexual harassment complaint and for judges to reach a ruling on such cases. Human Rights Watch cited one statistic showing nearly 40 percent of women said they experienced sexual harassment in the workplace. Many women, however, remained unwilling to report incidents of sexual harassment, believing the justice system was ineffectual, according to official media. Several prominent media reports of sexual harassment were widely shared on social media, helping to raise awareness of the problem, particularly in the workplace.

In August a female employee of Hangzhou-based Alibaba wrote she had been sexually assaulted by her manager and a client and that Alibaba had not initially taken the matter seriously. Alibaba subsequently fired the accused manager, and two other senior employees resigned for not properly handling the allegations. The criminal case against the accused manager was ultimately dropped by prosecutors who said the “forcible indecency” committed by the man was not a crime.

On September 14, the Haidian District Court in Beijing ruled against plaintiff Zhou Xiaoxuan (also known as Xianzi) in a high-profile sexual harassment case, stating there was insufficient evidence to support her claims that China Central Television personality Zhu Jun had groped and forcibly kissed her in 2014 when she was an intern working for him.

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

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

Reproductive Rights: Through law and policy the CCP and government limit the rights of parents to choose the number of children they have. The law restricts most married couples to three children (increased from two in May) and allows couples to apply for permission to have a fourth child if they meet local and provincial requirements. In August the NPC formally passed the law raising the number of children permitted, including several provisions aimed at boosting the birth rate and “reducing the burden” of raising children. These provisions included abolishing the “social maintenance fee” that was a fine for having children beyond the previous limit, encouraging local governments to offer parental leave, and increasing women’s employment rights.

Enforcement of population control policy relied on social pressure, education, propaganda, and economic penalties, as well as on measures such as mandatory pregnancy examinations, contraception and, less frequently, forced sterilizations and, in some provinces, coerced abortions. Penalties for exceeding the permitted number of children were not enforced uniformly and varied by province. The law as implemented requires each woman with an unauthorized pregnancy to abort or to pay a social compensation fee, which can reach 10 times a person’s annual disposable income. Those with the financial means often paid the fee to ensure their children born in violation of the birth restrictions would have access to a wide array of government-provided social services and rights. Some avoided the fee by hiding such children with friends or relatives. The law only mentions the rights of married couples, which means unmarried women are not authorized to have children. They consequently have social compensation fees imposed on them if they give birth “outside of the policy,” and they could be subject to the denial of legal documents such as birth documents and the hukou residence permit, although local governments rarely enforced these regulations.

While authorities have liberalized population control measures for members of the Han majority since 2016, birth control policies directed toward Uyghurs became more stringent. Ethnic and religious minority women were often subject to coercive population control measures. Government targeting of ethnic and religious minorities in Xinjiang with intensified coercive family-planning measures resulted in plummeting birth rates since 2018. Most Xinjiang prefectures reported large increases in sterilizations and implantation of intrauterine devices (IUD), with Hotan Prefecture alone more than doubling its female sterilization numbers from 2017 to 2018. There were widespread reports of coercive population control measures – including forced abortions, forced sterilizations, involuntary IUD insertions, and pregnancy checks – occurring at detention centers in the region and targeting minority groups, primarily Uyghurs and ethnic Kazaks. Parents judged to have exceeded the government limit on the number of children (three or more) risked being sent to detention centers unless they paid exorbitant fines. In a January post later removed by Twitter, the PRC Embassy in the United States claimed, “Study shows that in the process of eradicating extremism, the minds of Uygur women in Xinjiang were emancipated and gender equality and reproductive health were promoted, making them no longer baby-making machines. They are more confident and independent.”

Since national family planning law mentions only the rights of married couples, local implementation was inconsistent, and unmarried persons were required to pay for contraception.

Sexual and reproductive health services including emergency contraception were available for survivors of sexual violence at public hospitals.

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

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

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

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

Gender-biased Sex Selection: The most recent information from the State Council Information Office stated the boy-girl birth ratio had dropped from 113.5 in 2015 to 110.1 boys per 100 girls in 2019.

Nonmedical fetal sex diagnosis and aborting a pregnancy based on gender selection are illegal.  Private and unregistered clinics, however, provided these services. Provincial health commissions made efforts to crack down on sex-selective abortions.

Colombia

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: Although prohibited by law, rape of men or women, including spousal rape, remained a serious problem. The law provides for sentences ranging from eight to 30 years’ imprisonment for violent sexual assault. For acts of spousal sexual violence, the law mandates prison sentences of six months to two years. By law femicide is punishable with penalties of 21 to 50 years in prison, longer than the minimum sentence of 13 years for homicide.

Violence against women, as well as impunity for perpetrators, continued to be a problem. Members of armed groups continued to rape and abuse women and children sexually.

The government continued to employ the elite Sexual Assault Investigative Unit interagency unit in Bogota, which was dedicated to the investigation of sexual assault cases. From January through July, the Attorney General’s Office opened 63,000 investigations into domestic violence, with women identified as the victim in 50,000 of those investigations.

The law requires the government to provide victims of domestic violence immediate protection from further physical or psychological abuse.

The Ministry of Defense continued implementing its protocol for managing cases of sexual violence and harassment involving members of the military. The District Secretariat of Women in Bogota and the Ombudsman’s Office offered free legal aid for victims of gender violence and organized courses to teach officials how to treat survivors of gender violence respectfully.

The law augments both imprisonment and fines if a crime causes “transitory or permanent physical disfigurement,” such as acid attacks, which have a penalty of up to 50 years in prison.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C, but isolated incidents were reported in several indigenous communities in different parts of the country. Two-thirds of women from the Embera community had undergone FGM/C, according to the UN Population Fund.

Sexual Harassment: The law provides measures to deter and punish harassment in the workplace, such as sexual harassment, verbal abuse or derision, aggression, and discrimination, which carries a penalty of one to three years’ imprisonment. Nonetheless, NGOs reported sexual harassment remained a pervasive and underreported problem in workplaces and in public.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities. The law, however, allows the involuntary surgical sterilization of children with cognitive and psychosocial disabilities in certain cases.

Contraception was widely available. The government provided access to sexual and reproductive services and emergency contraception was available for survivors of sexual violence, including survivors of conflict-related sexual violence.

Discrimination: Although women have the same legal rights as men, discrimination against women persisted. There is no law prohibiting access to credit based on gender. The Office of the Advisor for the Equality of Women has primary responsibility for combating discrimination against women, but advocacy groups reported that the office remained seriously underfunded. The government continued its national public policy for gender equity.

Comoros

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: Rape regardless of age or gender is illegal and punishable by five to 10 years’ imprisonment or up to 15 years if the survivor is younger than age 15. The law does not specifically address spousal rape, but being married to a survivor does not exonerate the perpetrator. Authorities prosecuted perpetrators if survivors filed charges; otherwise, authorities rarely enforced the law. There were reports families or village elders settled many allegations of sexual violence informally through traditional means and without recourse to the formal court system. According to an international organization, approximately 80 percent of prisoners were serving time for rape or sexual assault.

The law treats domestic violence as an aggravating circumstance, including crimes committed by one domestic partner against an existing or former partner. Penalties include prison sentences up to five years and fines. Courts rarely sentenced or fined perpetrators. No reliable data were available on the extent of the problem. Survivors rarely filed official complaints. Although officials acted (usually the arrest of the spouse) when a case was reported, domestic violence cases rarely entered the court system.

Sexual Harassment: Sexual harassment is illegal and punishable by fines and imprisonment. It is defined in the law as any verbal, nonverbal, or bodily behavior of a sexual nature that has the effect of creating an intimidating, hostile, or humiliating work environment for a person. Although rarely reported due to societal pressure, such harassment was nevertheless a common problem, and authorities did not effectively enforce the law.

On March 25, Ministry of Foreign Affairs intern Hamada Azaima accused Advisor to the Minister Abdallah Mirghane of sexual harassment. On March 28, gendarmes interviewed Mirghane. Although not charged with any crime, the Ministry of Foreign Affairs fired him.

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

Barriers that impeded access to sexual and reproductive health services included reduced access to and use of contraception due to insufficient awareness of their utility, the influence of religious and cultural beliefs, the noninvolvement of men in reproductive health programs, and low education levels. Other barriers included low levels of awareness of available resources, impacting skilled health attendance during pregnancy and childbirth.

The government provided access to sexual and reproductive health services, including counseling and legal and medical support, for survivors of sexual violence through government-funded “listening centers” on all three islands. Emergency contraception was available as part of the clinical management of rape cases.

According to the general population and housing census published in October 2020, the maternal mortality rate was 195 deaths per 100,000 live births. The UN Fund for Population Activities office in the country put the number at 72 deaths per 100,000 live births. Major factors in the maternal mortality rate included a lack of access to skilled obstetric care and modern medical facilities, low levels of awareness concerning available resources, and difficulty traveling to available facilities. According to National Health Policy statistics, the use of modern contraceptive methods was higher in urban areas (21 percent) than in rural areas (11 percent). The island of Anjouan had the highest prevalence (15 percent) followed by Grande Comore (14 percent) and Moheli (9 percent).

In rural areas lack of access to menstrual health care and hygiene, including schools that lacked indoor plumbing, negatively affected girls’ education.

Discrimination: The law provides for equality of persons without regard to gender, creed, belief, origin, race, or religion, and authorities generally enforced the law effectively. Nevertheless, inheritance and property rights practices favored women. Local cultures are traditionally matrilineal, and all inheritable property was in the legal possession of women. Societal discrimination against women was most apparent in rural areas, where women were mostly limited to farming and child-rearing duties, with fewer opportunities for education and wage employment. While men can transmit citizenship to their wives, the law does not permit women to transmit citizenship to their husbands.

Costa Rica

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape, and domestic violence, and it provides penalties from 10 to 18 years in prison for rape. The judicial branch generally enforced the law effectively.

The law prohibits domestic violence and provides measures for the protection of domestic violence victims. Criminal penalties range from 10 to 100 days in prison for aggravated threats and up to 35 years in prison for aggravated homicide, including sentences of 20 to 35 years for persons who kill their partners. The government enforced the laws effectively.

Violence against women remained a serious problem, and as of May the government reported that 29 women had been killed, including four killed by a partner or spouse. On May 14, the president signed a reform to the Law on Criminalization of Violence Against Women to expand the protections available to victims of violence, including to those who are in informal relationships, engaged to be married, divorced, and separated. On August 23, the president signed a reform to the law, which includes the concept of femicide in other contexts.

Sexual Harassment: The law prohibits sexual harassment in the workplace and educational institutions, and the Ministry of Labor and Social Security generally enforced this prohibition. The government enforced the law effectively. The law imposes penalties ranging from a letter of reprimand to dismissal, with more serious incidents subject to criminal prosecution.

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

According to human rights experts, problems related to access of reproductive health services remained for lesbian and bisexual, indigenous, and Afrodescendent women, and women with disabilities.

There were some barriers to access contraception. The COVID-19 pandemic especially affected vulnerable population’s access to sexual and reproductive health. A study by the UN Population Fund reported the country may have regressed by as much as five years with respect to access to short-term contraception caused by the lack of access to health services, either due to pandemic-related isolation measures, caregiving tasks that fall mainly on women (which increased during the pandemic), or lack of information. On May 5, health authorities announced that the public health system included emergency contraception as a service, according to a guideline published on April 16; previously, emergency contraception was provided only to victims of rape.

Some social barriers adversely affected access to skilled health care providers during pregnancy and childbirth. Women in rural areas and indigenous women did not always have access to health care during childbirth due to geographic isolation. Some women had difficulty accessing prenatal care. Government regulations state that all pregnant women, including undocumented migrants and asylum seekers, have access to health services. In practice, however, refugees and asylum seekers reported that access to health services and reproductive health management services was difficult. Refugee and migrant advocates stated that this population only qualified for public health services if they were minors, visibly pregnant, or facing a life-threatening emergency, but some individuals reported being denied services even in emergency situations.

The government provided some access to sexual and reproductive health services for survivors of sexual violence. The government does not allow abortion for survivors of rape or sexual violence. Human rights experts identified problems such as revictimization and access to antiretroviral therapy.

On October 11, the National Institute for Women and the UN Population Fund presented a guide made for the indigenous territories of Talamanca to raise awareness regarding the importance of preventing pregnancies in girls and adolescents. During the year the birth rates of girls and adolescents within the Talamanca region surpassed the national average by 17 per 1,000.

Discrimination: Women enjoy the same legal status and rights as men; however, the law restricts women’s ability to work the same hours as men or in sectors deemed dangerous. The law prohibits discrimination against women and obligates the government to promote political, economic, social, and cultural equality. The law requires that women and men receive equal pay for equal work. The government enforced the laws effectively, although an official study reported a pay gap of 13 percent for highly skilled jobs, which remained largely male dominated.

Cote d’Ivoire

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law prohibits rape of men and women and provides for prison terms of five to 20 years for perpetrators. The law provides for a rebuttable presumption of consent in marital rape cases. The court may impose a life sentence in cases of gang rape if the rapists are related to or hold positions of authority over the victim, or if the victim is younger than age 18. The law does not specifically address domestic violence and intimate partner violence or mandate special penalties for these acts. Authorities did not enforce these laws effectively.

Human rights organizations reported family members and community leaders often informally mediated rape accusations without victim input and dissuaded victims from reporting to police to avoid bringing shame or other negative consequences to the family, particularly if the perpetrator was related. Families often accepted payment as compensation. Police reportedly often had a blame-the-victim mentality. Media and NGOs reported that rape of schoolgirls by teachers was a problem, but the government did not provide information on charges filed.

Although rape victims were not legally required to have a certified, postrape medical examination to press charges, human rights organizations reported that the certificate and other documentation (such as a victim’s psychological evaluation or a crime scene report) were frequently treated as essential to successful prosecutions. At a cost of 50,000 CFA francs ($91), the certified examination was prohibitively expensive for most rape victims. Police often did not know to refer rape victims to a medical practitioner for an examination, while many medical practitioners were not trained how to examine victims for signs of sexual and gender-based violence or prepare the certificate. Human rights organizations reported that the only government-run victim shelter in the country (located in Abidjan) had limited beds and would not house victims for more than three days.

In April media reported on the alleged assault and rape of a woman in Abidjan. The alleged assailant and the victim initially met and corresponded online. When they met in person, police reported the accused served the victim a drugged drink, raped her, and stole her belongings. The victim was transported to a local hospital the next day where she died shortly thereafter, apparently due to an overdose from the drug the accused allegedly gave her. Authorities arrested the accused a week later and announced he had confessed to drugging and raping the victim. After the victim’s death, the case gained increasing social media attention, and at least 30 women came forward to report the accused had raped them under similar circumstances.

Female Genital Mutilation/Cutting (FGM/C): The law specifically forbids FGM/C and provides penalties for practitioners of up to five years’ imprisonment and substantial fines. Double penalties apply to medical practitioners, including doctors, nurses, and medical technicians. Nevertheless, FGM/C remained a problem. The most recent 2016 Multiple Indicator Cluster Survey indicated that the rate of FGM/C nationwide was 37 percent, with prevalence varying by region.

In June media reported on the genital cutting of eight adolescent girls in Zouan Hounien, a village in the western part of the country. Authorities arrested the alleged assailant and referred the victims to a government-run social center.

Other Harmful Traditional Practices: Societal violence against women included traditional practices that are illegal, such as dowry deaths (the killing of brides over dowry disputes), levirate (forcing a widow to marry her dead husband’s brother), and sororate (forcing a woman to marry her dead sister’s husband). Human rights organizations stated these cases were rare. The government did not provide information regarding the prevalence or rate of prosecution for such violence or forced activity.

Sexual Harassment: The law prohibits sexual harassment and prescribes penalties of one to three years’ imprisonment and fines. Nevertheless, the government rarely, if ever, enforced the law, and harassment was widespread and routinely tolerated.

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

As a result of FGM/C, scarring was common. Scarring could lead to obstructed labor during childbirth, an obstetric complication that was a common cause of maternal deaths, especially in the absence of Caesarean section capability (see the Female Genital Mutilation (FGM/C) subsection for additional information).

According to the World Health Organization (WHO), in 2010-19, 44 percent of women of reproductive age had their need for family planning satisfied with modern methods. The UN Population Fund (UNFPA) estimated 82 percent of all women had the autonomy to decide whether to use contraception. Barriers to modern methods of contraception included cost (the government only partially subsidized the cost of some methods of contraception), distance to points of purchase such as pharmacies and clinics, and low or unreliable stocks of certain types of contraception. Other barriers to use included misinformation, and conflicting moral and religious beliefs, including providers opposed to providing modern methods of contraception to adolescent girls.

According to the WHO, 74 percent of births in 2010-19 were attended by skilled health personnel. Barriers to births attended by skilled health personnel included distance to modern health facilities, cost of prenatal consultations and other birth-related supplies and vaccinations, and low provider capacity. Government policy required emergency health-care services to be available and free to all, but care was not available in all regions, particularly rural areas, and was often expensive. According to WHO estimates, in 2010-18, the adolescent birth rate was 123 per 1,000 girls ages 15 to 19.

Health services for survivors of sexual violence existed, but costs of such services were often prohibitive for victims, authorities often did not know to refer victims to medical practitioners, and many medical practitioners were not trained in treatment of survivors of sexual violence. Emergency contraception was not always available as part of the clinical management of rape cases.

According to the WHO, UNICEF, the UNFPA, the World Bank, and the UN Population Division, in 2017 (the latest year for which data are available), the maternal mortality rate was 617 deaths per 100,000 live births, down from 658 deaths per 100,000 live births in 2015. Factors contributing to the high maternal mortality rate chiefly related to lack of access to quality care. Additionally, local NGOs reported women often had to pay for prenatal consultations and other birth-related supplies and vaccinations, which dissuaded them from using modern facilities and increased the likelihood of maternal mortality.

Stigma surrounding menstruation and lack of access to menstruation hygiene caused some girls not to attend school during menstruation. The Ministry of Education authorized pregnant adolescent girls to attend school, but not all schools adhered to this policy. Additionally, pregnant adolescent girls faced stigma that sometimes caused them to stop their studies.

Discrimination: The law provides the same legal status and rights for women and men in labor law, although there were restrictions on women’s employment (see section 7.d., Discrimination with Respect to Employment and Occupation). The law establishes the right of widows to inherit property upon the deaths of their husbands equally with any children. Human rights organizations reported many religious and traditional authorities rejected laws intended to reduce gender-related inequality in household decision making.

Crimea

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: Domestic violence remained a serious problem in occupied Crimea; however, occupation authorities’ restrictions on human rights organizations made it difficult to assess its prevalence.

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

Women in Crimea accessed reproductive health care through services funded by the Russian occupation authorities, private insurance, and NGO programs; however, no Ukrainian or international monitors had access to Crimea, making it difficult to assess the state of reproductive health care there.

Croatia

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes the rape of women or men, 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. The law provides for stricter penalties for violence among closely related family members and violence against women. Sexual intercourse without consent is classified as rape, punishable with three to 10 years’ imprisonment. The law provides sanctions (fines and up to 90 days’ imprisonment) for misdemeanor domestic violence. The ombudsperson’s 2020 report noted during the COVID-19 pandemic, there was a significant increase in domestic violence of a criminal nature, and women represented the vast majority of domestic violence survivors. The report stated that during the last two years there was a 50 percent increase in the total number of women killed and the number of women killed by intimate partners. In addition to domestic violence, the ombudsperson stated survivors of domestic violence still did not have adequate legal protection.

Sexual Harassment: The law criminalizes sexual harassment of women and men. The maximum punishment for sexual harassment is two years’ imprisonment. The ombudsperson for gender equality reported a general lack of effective and dissuasive sanctioning of perpetrators, and judicial practice was generally not gender sensitive, due in part to insufficient education on international standards.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities. Vulnerable populations, including persons with disabilities, had the ability to provide informed consent to medical treatment affecting reproductive health, including for sterilization. The government provided access to sexual and reproductive health services for survivors of sexual violence.

Discrimination: Women have the same legal status and rights as men regarding 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. The ombudsperson for gender equality in 2020 (the most recent data available) worked on 515 discrimination cases, a 2 percent increase compared with 2019. The largest number of complaints was related to the area of exercising labor rights (25 percent), followed by the area of social security, including social welfare, pension, and health insurance (23 percent) and administration (14 percent).

Cuba

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape of women, including spousal rape, and separately criminalizes “lascivious abuse” against both genders. The government did not effectively enforce the law. Penalties for rape are at least four years’ imprisonment. Several reports from women’s rights advocacy groups, however, suggested that crimes against women were underreported and that the state failed to investigate many cases. The government recognized the high rate of femicide for the first time in a report released in 2019, but there was no comprehensive law against gender-based violence, despite increasing reports of femicide during the pandemic. The online platforms Red Femenina de Cuba (Cuban Women’s Network), YoSiTeCreoEnCuba (I Do Believe You), and Alas Tensas (Taut Wings) magazine independently confirmed at least 27 femicides during the first eight months of the year, compared with 25 reported in all of 2020. These figures included the July 25 killing of a young woman and her mother in their home in a rural community in Villa Clara. Daniela Cintra Martin was allegedly stabbed to death by her young child’s father, who then fatally wounded her mother, Liena Martin, when she tried to defend her daughter. Official media sources failed to report any of these killings or to report on femicide statistics.

Red Femenina de Cuba activists called on the state to update information on crimes against women, train officials to handle crimes against women, and define gender-based violence in the law. The government opposed any non-state-sponsored programs that focused on gender violence. Police also targeted for harassment small groups of women assembling to discuss women’s rights and gender matters more broadly. The law prohibits all threats and violence but does not recognize domestic violence as a distinct category of violence. Penalties for violence range from fines to prison sentences of varying lengths, depending on the severity of the offense.

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

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

Many women, especially poor and young mothers, were required to spend their pregnancies in a state-run maternity home and could be involuntarily committed if they were deemed noncompliant with a physician’s advice. These establishments provided steady nutrition and access to medical care; however, they could deprive expecting mothers of the support of their partners, families, and communities. Pregnant women with COVID-19 were placed in isolation centers. One report described the stark conditions at Lenin Vocational Hospital, where the women were located on different floors from the doctors, requiring the pregnant COVID-19-positive patients to walk up and down three flights of stairs to be examined by a doctor. Beds at the facility were not changed between COVID-19-positive patients, and there was no water available, even for hand washing. The quarters were infested with mosquitoes, frogs, bats, and mice.

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

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

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

Cyprus

Section 6. Discrimination and Societal Abuses

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. The government generally enforced the law effectively, although many cases continued to go unreported. From January to September, police investigated 36 cases of rape and eight cases of sexual assault.

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 sharply, as it did in 2020. Police claimed the increase was due to more effective domestic violence policies, citing the establishment of specialized domestic violence units in all police divisions, more intensive police training, and increased public awareness. In the first eight months of the year, 2,179 cases of domestic violence were reported to police, 300 more than in 2020 and significantly higher than in 2019 when 519 cases were reported to police. As of December police had completed investigations for 780 of the cases and filed 611 cases in court. The NGO Association for the Prevention and Handling of Violence in the Family (SPAVO) attributed the significant increase in domestic abuse cases, in part, to the government-imposed COVID-19 mitigation lockdowns. Of the reported survivors in 2020, 76 percent were women. SPAVO received a total of 2,854 messages concerning domestic violence cases on its hotline, live chat, and SMS text service, compared to 2,147 messages in 2020. As in previous years, SPAVO stated domestic violence survivors often faced significant family and social pressure not to report abuse and to withdraw complaints filed with police.

Media outlets and NGOs criticized the Social Welfare Services for providing insufficient support to survivors of domestic violence. In one example a man in Ergates village stabbed to death his wife and his son. A second son witnessed the killings and escaped. At the time of the killing, the family had been under the care of the Social Welfare Services due to a history of psychological and financial problems. According to media reports, relatives and neighbors had reported frequent incidents of violence against the woman and her children. Police and the Social Welfare Service denied reports that they received any official complaints from the victims. The man’s trial was pending at year’s end.

There were three shelters for survivors of domestic violence, each funded primarily by the government and operated by SPAVO, which provided shelter to a total of 661 women and children during the year. In December 2020 the government opened the “Women’s Home,” a one-stop facility in Nicosia where female survivors of violence and sexual assault and their children are provided with medical, legal, and psychological services while also having the opportunity to provide testimony to police. The Women’s Home served 404 female victims of violence during the year. It was funded 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 monetary 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.

Unlike in previous years when complaints were rare, several women reported sexual harassment to police following a high-profile case in Greece involving a female athlete, widely covered in local media. From January to September, police opened investigations into seven sexual harassment complaints and filed five cases in court. Two of the most prominent cases covered by media outlets involved a senior member of the Church of Cyprus, former metropolitan of Kitium, Chrysostomos, who was accused of rape, and a high-profile politician, who was facing charges of sexual assault. In the Chrysostomos case, the Larnaca-Famagusta Criminal Court ruled on October 22 that the complainant’s testimony was inconsistent, contradictory, and untruthful and cleared the former metropolitan of charges.

NGOs reported cases of sexual harassment of foreign female domestic workers remained a widespread but underreported problem. NGOs reported permissive social attitudes, fear of reprisals, and lack of family support for victims discouraged victims from reporting instances of sexual harassment. From January through October, the Department of Labor reported receiving three sexual harassment complaints, including one from a foreign domestic worker and one from an asylum seeker. The complaints were under investigation. The ombudsman continued to receive and examine complaints of sexual harassment in the workplace. In 2019 the country’s 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 for how to treat cases of harassment and sexual harassment at the workplace. The ombudsman’s office and the Academy of Public Administration delivered online training and seminars on sexual harassment and gender mainstreaming for the public sector during the year.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities. An NGO reported that some doctors in the private and public sectors required married women to have their husband’s consent in order to proceed with sterilization, although the law does not require such consent.

The government funded an NGO that provided access to sexual and reproductive health services for survivors of sexual violence. Emergency contraception was available as part of clinical management of rape.

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 that vertical and occupational segregation remained a challenge.

Czech Republic

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law prohibits rape, including of women and men, including spousal rape, as well as domestic or intimate partner violence, and provides for a penalty of two to 10 years in prison for violations, with longer sentences in aggravated circumstances.

A survey published in October found that 9 percent of women over the age of 18 and 2 percent of men reported they had been raped, and that 54 percent of women reported having encountered some form of sexual violence or harassment.

The government did not consistently enforce the law effectively and NGOs called for revising the definition of the crime of rape to focus on the victim’s lack of consent and not on the evidence of violence. Women’s advocates pointed out that rape survivors who do not resist rape out of fear for their life or safety often lack evidence that both the investigators and the courts typically required (e.g., bruises, bleeding, and other injuries).

Observers reported prosecutors and judges in rape cases sometimes lacked knowledge on the subject and cited a shortage of experienced judicial experts. Penalties were often too low, and only half of all sentences included prison time.

In June parliament amended the law on the protection of victims of crimes to include survivors of rape and domestic violence among “particularly vulnerable victims” and thereby entitle them to benefits, such as free legal representation in courts, shared burden of proof, and compensation, and shield them from “secondary or tertiary victimization.” Perpetrators of spousal rape, including brutal attacks, were frequently given inadequate sentences, including probation. Observers acknowledged that conditional sentences were more often correctly combined with restraining orders that effectively protected victims from perpetrators.

NGOs cited continued lack of funding as a constraint on their ability not only to lobby for equal opportunities for women and men, but also to provide other services to sexually abused women or survivors of domestic violence.  NGOs highlighted that, under the government-funded program providing free legal assistance to survivors, NGOs and persons providing pro bono assistance to survivors receive a much lower hourly fee than court-appointed attorneys.

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 1,170 offenders from their homes in 2020, a small drop in removals despite the COVID-19 pandemic outbreak. The government supported a widely used hotline for gender-based violence crimes, including domestic violence.

The government supported a widely used hotline for gender-based violence crimes, including domestic violence.

In February Charles University and the Sociological Institute conducted research into the impact of the COVID-19 pandemic on domestic violence. The research showed that the pandemic contributed to the frequency and intensity of domestic violence and raised the threshold for survivors reporting or seeking help from institutions. The research also showed that the most frequent types of violence were psychological forms difficult to prove. Sexual violence was present in fewer than half of the cases. NGOs reported that demand for support services increased significantly during the pandemic, in some cases by 50 percent compared to the same period in previous years, although intervention centers, police, and social departments for child protections did not record an increase in official cases.

In November 2020 IKEA’s Czech subsidiary, in cooperation with several nonprofit organizations, launched a two-year campaign to counter domestic violence. The company contributed 3.8 million crowns ($174,000) to provide domestic abuse survivors with necessary assistance and accommodation.

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.

Survey results published in October found that 54 percent of all adult women experienced some form of sexual violence or harassment. Thirty-three percent of women reported verbal harassment, 31 percent reported unwanted or unconsented touching, 17 percent reported acts involving unwanted photographs or videos, and 12 percent reported unwanted or unconsented kissing.

Offenders convicted of stalking may receive sentences of up to three years in prison.

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

Transgender individuals are required to be sterilized to obtain gender altering surgery or receive legal gender recognition (see Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity, below).

The government does not allow women access to artificial insemination if 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 lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons are 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. Women must cover the costs of emergency contraception themselves.

In July, after a decade of advocacy, the government passed legislation compensating women who were involuntarily sterilized between 1966 and 2012. Eligible women are entitled to compensation of 300,000 crowns ($14,000). According to some estimates, more than 1,000 women, primarily Romani, were sterilized without their knowledge or full and informed consent during that period.

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.

In March the government approved the Strategy for Equality of Women and Men 2021-2030. Experts noted the document is more comprehensive than the previous 2014 strategy and applauded the scope and specificity in addressing electoral representation, pay gaps, availability of childcare, and security, among other issues. The government acknowledges that the country continues to significantly lag other EU member states in gender equality. Observers cited continued obstacles to achieving gender equality, including women having most household and childcare responsibilities, and professional and societal stereotypes.

There were NGO reports that allegations of hate crime, including hate speech, targeted at women based on gender are not taken seriously or handled adequately by the police and the courts. The director of a leading NGO focusing on hate crimes was unable to obtain relief in court, including the Constitutional Court, after she received more than 100 emails containing sexually explicit content and death threats from a man. The Constitutional Court reasoned that the director was a public figure and should expect and ignore such communications.

In March the Supreme Administrative Court upheld a fine for distributing an advertisement depicting an almost naked female body unrelated to the services offered by the company. The court stated that by distributing a leaflet promoting a business and completely unrelated photographs of the almost naked female body, the company discriminated against the female sex and diminished human dignity. Observers noted this decision sets an important precedent for gender discrimination efforts.

Democratic Republic of the Congo

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law on sexual violence criminalizes rape of all persons, but the law was not often enforced. Rape and other forms of gender-based violence were widespread throughout the country, even in areas without armed conflict. The survivors seldom reported this for cultural and social reasons, and the perpetrators were rarely punished. Rape was also common and used as a tactic in areas of armed conflict. The legal definition of rape does not include spousal rape or intimate partner rape. It also prohibits extrajudicial settlements (for example, a customary fine paid by the perpetrator to the family of the survivor), but such practices still occurred. Both international organizations and local NGOs reported that female rape survivors were sometimes forced to pay a fine to return to their families and to gain access to their children. Husbands often divorced wives who were survivors. The law also prohibits forced marriage, but it continued to take place. The law allows survivors of sexual violence to waive appearance in court and permits closed hearings to protect confidentiality. The minimum penalty prescribed for conviction of rape is a prison sentence of five years, and courts sometimes imposed such sentences in rape convictions in the infrequent instances when these crimes came to trial. Some prosecutions occurred for rape and other types of sexual violence.

IAGs frequently used rape as a tactic of conflict (see section 1.g.). The UNJHRO reported that from January through June, Nyatura combatants committed the greatest number of human rights abuses, attacking the civilian population and committing sexual violence against 39 women, one man, and 22 children. Local NGOs and international organizations reported that sexual mutilation was often used as a tactic of conflict, with rapists in conflict using weapons or sharp objects to torture women. The UNJHRO reported that in January in Kalembe, Nyatura Coalition des Mouvements pour le Changement (CMC) combatants raped two women, killed one man, and wounded another with a machete. The FARDC was also responsible for sexual violence, especially in conflict areas, where the UNJHRO documented 72 sexual violations against women.

Government agents raped and sexually abused women and girls during arrest and detention, as well as during military action, according to UNJHRO reporting (see sections 1.a. and 1.c.). While sexual violence was a problem throughout the country, most cases took place in areas affected by internal conflict. The PNC continued its nationwide campaign, with support from MONUSCO, to eliminate gender-based violence by the SSF, including through the fight against impunity and the protection of survivors and witnesses. The campaign to operationalize the national action plan to combat gender-based violence was not fully funded by October, and few activities had taken place.

In analyzing the impact of COVID-19 on women and girls, UNICEF found increased exposure to and increased incidence of sexual and gender-based violence with fewer persons on the streets after curfews. Women in Lubumbashi reported increased break-ins and sexual assaults during the COVID-19 curfew, some by armed men in uniform. Seven women told Agence France Presse in January that they had suffered a break-in and been raped during curfew hours in Lubumbashi.

As noted below, persons with disabilities faced high rates of gender-based violence and suffered health consequences as a result. LGBTQI+ persons were targeted by particular forms of gender-based violence, including “corrective” rape. Most survivors of rape did not pursue formal legal action due to insufficient resources, lack of confidence in the justice system, family pressure, and fear of subjecting themselves to humiliation, reprisal, or both.

UNFPA’s most recent statistics indicated that 37 percent of women had experienced intimate partner violence during the previous 12 months. Among the barriers to reporting for women who had been sexually abused, UNICEF noted in an April report on sexual exploitation and abuse (SEA) that women said they would not confide in anyone if they were sexually abused, and that they feared diminished marriage prospects and community gossip after surviving this crime.

The law does not provide any specific penalty for domestic violence despite its prevalence. Although the law considers assault a crime, police rarely intervened in perceived domestic disputes. There were no reports judicial authorities took action in cases of domestic or spousal abuse.

Other Harmful Traditional Practices: UNICEF and MONUSCO attributed some abuses of children, including sexual violence against young girls, to harmful traditional and religious practices. Perpetrators allegedly targeted children because they believed harming children or having sex with virgins could protect against death in conflict or give them better luck with mining, and children often died because of these rapes.

Accusations of witchcraft often targeted women and resulted in killings, including some by burning. The NGO Association of Women in the Media said it had recorded 324 accusations of witchcraft from June through September. An administrative chief for Kabare Territory, South Kivu, said those killed were mainly women, more than 60 of whom had been designated as witches by individuals who claimed they could detect witches. A report by the Permanent Consultative Framework for Congolese Women (CAFCO) recorded more than 37 women killed by mobs following witchcraft accusations in South Kivu, Ituri, Kinshasa, and Kongo Central during the year. CAFCO called on national authorities to punish those responsible and ensure the safety of the victims.

In September the Guardian reported that eight women had been accused of witchcraft and burned to death or lynched in South Kivu during the month. An attorney quoted in the Guardian noted that a 2014 provincial law forbidding mob justice had not been applied.

Sexual Harassment: Sexual harassment occurred throughout the country. The law prohibits sexual harassment and stipulates a minimum sentence of one year if convicted, but there was little or no effective enforcement of the law.

In late September several international news organizations reported allegations of SEA by World Health Organization (WHO) staff members working on the Ebola efforts in the country during the 2018-20 epidemic. The United Nations reported that the perpetrators included both Congolese and foreign staff, with an investigation by a WHO commission identifying 83 persons involved in the abuse, 21 confirmed as WHO employees. A New York Times article noted that women reported being asked to provide sex in exchange for a job or even to get water. The BBC reported that local women described being ambushed in hospitals, where they were raped. A Reuters article noted 29 women reported they were raped, with some forced by their abusers to have abortions. The United Nations noted that the report described how managers refused to consider verbal reports. In late October Reuters reported that more women had reported SEA, and the WHO issued a plan to prevent such misconduct by humanitarian workers.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities. The law recognizes the rights of all couples and individuals of reproductive age to benefit from information and education on contraception and to have free access to reproductive health services, although many couples and individuals lacked the means and access to information.

In 2020 according to UNFPA, 28 percent of women and girls ages 15 to 49 obtained access to modern contraception after requesting it, while reproductive health needs for 21 percent of women were unmet. The prevalence of modern methods of contraception was approximately 12 percent.

According to the Guttmacher Institute’s selected sexual and reproductive health indicators between 2007 and 2018, 32 percent of respondents’ recent births were unplanned. According to a 2016 study by the Guttmacher Institute, there were 147 unintended pregnancies per 1,000 women ages 15 to 49 in Kinshasa in 2016. The study found that in Kinshasa, 5 percent of women seeking postabortion care after using misoprostol were discharged in good health in less than 24 hours and did not require treatment.

Problems affecting access to family planning and reproductive health services included an inadequate transportation infrastructure, funding shortfalls for procuring adequate quantities of contraceptives, and poor logistics and supply chain management leading to frequent stock shortages. Cultural norms favoring large families; misinformation surrounding contraceptive use, including fear that contraception causes infertility; and especially the population’s general inability to pay for contraceptive services were also barriers.

The adolescent birth rate was 138 per 1,000 girls ages 15 to 19. UNICEF reported that 27 percent of girls ages 15 to 19 had been pregnant. In an analysis of the impacts of COVID-19 and its impact on women and girls in the country, UNICEF reported an increase in the use of family planning services, an increase in sexual activity among adolescents, a reduction in antenatal care visits, and an increase in the number of pregnancies and women and adolescents seeking clandestine abortions.

The government provided access to sexual and reproductive health services to survivors of gender-based violence. The provision of emergency contraception was included as part of clinical management of rape, but women could not always access them in time. The services were free and intended to provide a postexposure prophylaxis kit within 72 hours to avoid unwanted pregnancy and sexually transmitted diseases. Prominent human rights observers reported, however, that women who went to the police to report rape were often asked to pay for actions needed to investigate and prosecute the crime. The government established mobile clinics for gender-based violence survivors in remote areas. LGBTQI+ survivors reported barriers to accessing emergency care.

According to the 2013-14 Demographic and Health Survey, the maternal mortality ratio was 846 deaths per 100,000 live births, despite sustained high usage of health facilities for deliveries, which suggested a poor quality of health services. Geographic barriers, lack of appropriate equipment, and low health professional capacity also hindered the provision of quality maternal and child health services and led to high maternal mortality and childbirth complications, such as obstetric fistula.

After analyzing the impact of COVID-19 on women and girls, UNICEF noted that school closures and financial difficulties pushed some adolescent girls to engage in transactional sexual relationships. Young women often did not have access to menstrual hygiene, which impacted their ability to attend schools, which often lacked bathrooms and running water. Furthermore, unwed girls who became pregnant were pressured to drop out of school, and young women who become mothers often faced societal stigmas.

Discrimination: The constitution prohibits discrimination based on gender, but the law does not provide women the same rights as men. The law permits women to participate in economic domains without approval of male relatives, provides for maternity care, disallows inequities linked to dowries, and specifies fines and other sanctions for those who discriminate or engage in gender-based violence. Nonetheless, women experienced economic discrimination, and there were legal restrictions on women in employment, including limitations on occupations considered dangerous, but no restrictions on women’s working hours.

In an analysis of the impacts of COVID-19 on women and girls, UNICEF found that women were disproportionately affected by the health and socioeconomic impacts of COVID-19 restrictions. Most women worked in the informal sector, and border and market closures limited business opportunities.

According to UNICEF many widows were unable to inherit their late husbands’ property because the law states that in event of a death in which there is no will, the husband’s children, including those born out of wedlock (provided they were officially recognized by the father), rather than the widow, have precedence with regard to inheritance. Since changes in the family law in 2017, women and men receive the same punishments for adultery of “an injurious quality,” but this change was not applied to the criminal law.

Denmark

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape against women and 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.

Gender-based violence rates have increased due to COVID-19. The number of women enrolled in domestic violence shelters throughout the country in 2020 increased 3 percent compared with 2019. In January a new consent law went into effect. The law, which strengthened the country’s rape laws, criminalized sex without the explicit consent of all parties.

The police received 1,825 reports of rape or attempted rape in 2020.

Faroese law criminalizes rape with penalties of 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.

In the country’s UPR, two treaty bodies of the UNHRC expressed concern that numerous women had experienced violence or had been exposed to threats thereof, and that the rates of prosecution and conviction remained low. The Committee on Economic, Social and Cultural Rights was concerned regarding the high incidence of sexual violence, including rape; the lack of reliable associated statistical data; the inadequacy of legal provisions relating to rape; and the very low rate of prosecution of sexual violence.

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.

Under the law a man who is the survivor of domestic violence is not afforded the same opportunities for help as a woman. While the law provides women the right to be admitted to a women’s crisis center, men can only be admitted to shelters or male centers as “functional homeless.” These centers did not necessarily have expertise in caring for survivors of violence because they house a wider target group, such as the homeless and those suffering from drug or alcohol addictions. In Greenland there were 748 sexual crimes reported in 2020, a 33.8 percent increase from the 559 reported in 2019.

The law provides for 10 hours of taxpayer-funded psychological help for women, but not for men, in shelters. The government may extend this treatment to men in men’s shelters on trial basis in 2022-23.

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. The government enforced the law effectively.

Reproductive Rights: 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.

Djibouti

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law includes sentences of up to 20 years’ imprisonment for rape but does not address spousal rape. The law prohibits “torture and barbaric acts” against a spouse, specifying penalties of up to 20 years’ imprisonment. The 2020 Protection Law specifically enumerates protection against domestic violence, harmful cultural practices, sexual harassment, and discrimination.

The government continued to address problems of gender-based violence. The National Union of Djiboutian Women (UNFD), a nonprofit organization chaired by the first lady, worked with the government to empower and protect women from violence. UNFD’s Cellule dEcoute (Listening Committee) addressed violence against women and girls, and worked in partnership with the Ministries of Health, Justice, Defense, Women and Family, Interior, and Islamic and Cultural Affairs. The committee referred cases of abuse to the Ministry of Justice and divorce cases to the council on sharia.

The National Gendarmerie has a special unit for cases of gender-based violence. Nonetheless, officials at the Ministry of Justice reported survivors of rape and domestic violence often avoided the formal court system in favor of settlements between families. The Protection Law created a support fund for survivors of violence and integrated care centers to provide them with medical care and psychosocial support.

The government prosecuted one high-profile case of domestic violence in July which resulted in the death of the victim. The assailant awaited trial in jail while an instruction judge investigated the case. Criminal sessions are held twice per year.

UNFD placed a full-time staff member in all refugee settlements to provide support for domestic violence survivors in these communities.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C, but rates remained high. In 2012 the UN Population Fund completed the most recent comprehensive study of FGM/C in the country. It stated that 78.4 percent of girls and women older than 15 had been subjected to FGM/C, a drop from previous studies that put the rate at more than 90 percent. A 2019 preliminary study from the Ministry of Women showed a significant decrease of the FGM/C prevalence rate for girls from birth through age 10, from 94 percent in 1994 to 21.2 percent in 2019. According to the study, the prevalence rate remained higher in rural than in urban areas, with 37.9 percent and 13.2 percent prevalence rates in those areas, respectively.

The law sets the punishment of FGM/C at five years’ imprisonment and a substantial fine, and NGOs may file charges on behalf of victims. The law also provides for up to one year’s imprisonment and a substantial fine for anyone failing to report a completed or planned FGM/C to the proper authorities.

The government took measures to address the problem. In July authorities successfully prosecuted an FGM/C case. The mother and the perpetrator were sentenced to six months of preventive detention and were released on bail. With no facility to appropriately care for their minor children, authorities released them. The government was supportive of efforts by international and national NGOs to provide training and education concerning the harmful effects of FGM/C. Additionally, the country’s religious leaders took a stance against FGM/C, declaring the belief that the practice “purifies young girls” has no basis in Islam. Despite the government’s efforts, major obstacles included high rates of illiteracy, difficulty of enforcement, and deep-seated societal traditions.

Sexual Harassment: The Protection Law prohibits sexual harassment. Anecdotal information suggested such harassment continued, but the government made women’s empowerment one of its top priorities as illustrated by increasing the number of women in high-profile government positions.

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

Particularly in the rural areas, individuals were subject to the pressures of tradition, religion, and custom. Women could obtain birth control without the consent of their husbands or male partners. Sixteen percent of women of reproductive age used modern methods for family planning. The government offered access to sexual and reproductive health services for survivors of sexual violence, however, there was no data available on victims’ use of reproductive health information or health facilities.

Statistics indicated a high maternal death rate of 248 deaths per 100,000 live births. This statistic increased outside of Djibouti City, especially in makeshift urban developments around the city and in rural areas where malnutrition was high. A lack of facilities impacted access to skilled health attendance. Skilled health personnel attended 28.6 percent of births between 2006 and 2014; more recent statistics for health personnel attendance were unavailable. Home births were the norm in rural areas.

Discrimination: The constitution provides for equal treatment of citizens regardless of gender, but custom and traditional societal discrimination resulted in a secondary role for women in public life and fewer employment opportunities in the formal sector (see section 7.d.).

Dominica

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape of men and women, including spousal rape, and the government enforced the law. Although the maximum sentence for sexual molestation (rape or incest) is 25 years’ imprisonment, the usual sentence was five to seven years. Whenever possible, female police officers handled rape cases involving female victims. Women were reluctant to report domestic violence to police. The only shelter for victims of gender-based violence remained closed after suffering damage during Hurricane Maria in 2017.

Civil society reported that sexual and domestic violence were common. According to civil society groups, the general population did not acknowledge gender-based violence and domestic violence as problems, but the government recognized these forms of violence as both problematic and prevalent. Although no specific laws criminalize spousal abuse, spouses may bring battery charges against their partner.

The law allows abused persons to appear before a magistrate without an attorney and request a protective order. Some persons requested protective orders.

Sexual Harassment: The law does not prohibit sexual harassment. Civil society groups reported it was a pervasive problem.

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

Contraception was widely available. There were no legal barriers to accessing contraception, but some religious beliefs and cultural barriers limited its usage. The government provided access to sexual and reproductive health services for survivors of sexual violence through the Ministry of Health’s Welfare Division and the National Council of Women. Other government departments, including the Bureau of Gender Affairs, Social Welfare Department, Adult Education Division, and Health Services and Housing Division, also assisted victims of sexual and gender-based violence. Survivors of sexual violence could access services from any public hospital, but emergency contraception for survivors of rape and incest was not routinely available.

Discrimination: The constitution provides women with the same legal rights as men. The government generally enforced the law effectively, but property deeds continued to be given to heads of households, who were usually men. The law requires equal pay for civil service positions, but not for other positions. Women and men generally received equal salaries for comparable jobs. Women are excluded from working in some industries, including mining, construction, energy, water, and transportation. No laws prohibit gender discrimination or sexual harassment in employment.

Dominican Republic

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape of men and women, spousal rape, domestic violence, incest, and sexual aggression. Sentences for rape range from 10 to 15 years in prison and a modest fine. The Attorney General’s Office oversees the 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 when 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.

The Ministry of Women promoted equality and the prevention of violence against women and members of the lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) community by implementing education and awareness programs, as well as training other ministries and offices. During the year the ministry revamped or opened a total of 15 shelters for female and child victims of violence, including one dedicated for trafficking victims. The ministry also collaborated with police and the Attorney General’s Office to put in place a gender and domestic violence response unit, including training all personnel on proper response to emergency calls and visits. NGO representatives generally welcomed these efforts but insisted more was needed.

In March a group of journalists released a report showing that in 2019, one in four femicides was not registered as such by the Attorney General’s Office. According to the report, the Attorney General’s Office only counted intimate femicides – those committed by a partner or former partner – among official cases. In 2019 the Attorney General’s Office officially registered 77 femicides, while the journalists’ report identified 103 cases that same year.

Other Harmful Traditional Practices: Acid attacks, predominantly against women, with a mix of sulfuric, hydrochloric, and muriatic acid, a concoction commonly referred to as devil’s acid, constituted a problem for authorities. The director of the burn unit of one of the largest trauma centers in the country said that 7 percent of annual admissions to the unit were patients suffering from devil’s acid burns. The government typically prosecuted the organizer of the attack (usually a former partner), not the persons hired to commit the act itself. Persons convicted for this crime received sentences of up to 20 years in prison but often spent only two years in prison, according to civil society leaders. In September Attorney General Miriam German instructed public prosecutors to treat attacks with devil’s acid as “acts of torture or cruelty.”

Sexual Harassment: The law defines sexual harassment by an authority figure as a misdemeanor; conviction carries a sentence of one year in prison and a large fine. Union leaders reported the law was not enforced and that sexual harassment remained a problem.

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

Low income was a barrier to accessing information on reproductive health care. Family-planning NGOs provided contraceptives without charge. Many low-income women, however, used them inconsistently due to lack of information, irregular availability, societal influences, and cultural male dominance.

The government provided some access to sexual and reproductive health services for survivors of sexual violence through the Ministry of Women, but most of the burden for providing these services fell on women’s rights NGOs. Emergency contraception was available.

According to Human Rights Watch, pregnant students and young mothers often found it difficult or impossible to continue their education. A women’s rights NGO said there were many reasons why young women and girls dropped out of school after pregnancy, including the impact of pregnancy on their health and deficiencies in the educational system that prevented many women and girls from returning. Many were expelled from school, although it is illegal to do so, or were moved to night classes under the pretext that they were a “bad example” to other students. The NGO also noted that once young women and girls became pregnant, their families and communities considered them emancipated, regardless of their age. The young mothers were expected to stay home to take care of the baby and carry out other household chores.

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. Civil society organizations explained that women faced obstacles regarding economic equality and independence. In addition no law requires equal pay for equal work.

Ecuador

Section 6. Discrimination and Societal Abuses

Women

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

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

According to human rights organizations, victims were generally reluctant to press domestic violence charges, and the court system was insufficiently staffed to deal with the caseload. On November 24, the Attorney General’s Office, in cooperation with the civil society-UN Spotlight Initiative reported 172 total femicides through November, compared with 118 in 2020 and 106 in 2019. On August 25, the Attorney General’s Office announced a 26-year prison sentence for a man from Morona Santiago Province for murdering his four-year-old stepdaughter in August 2020 in front of her mother, whom he threatened to harm if she intervened.

Due to a drop in the number of complaints filed in person with judicial authorities, the government expanded online legal services available to victims in April 2020. Nevertheless, barriers such as digital illiteracy, internet unavailability in rural areas, and lack of general familiarization with these technological resources continued to limit the ability of victims to obtain help.

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

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

On February 10, the Attorney General’s Office announced a 12-year, seven-month prison sentence for a police officer in Tungurahua Province for raping a woman in September 2020 (see section 1.c.).

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

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

Some women’s rights activists complained that a lack of comprehensive sex education limited individuals’ ability to manage their reproductive health and that ineffective distribution of birth control reduced access to contraception. Additionally, the Roman Catholic Church’s stance against contraceptive use and social stigma discouraged women from seeking family planning services.

A 2019 study found income status affected equity in sexual and reproductive health access and outcomes, with low income and rural individuals having significantly less access. UN agencies and CARE International reported migrant women faced limited access to, discrimination in, or both the provision of reproductive health services.

CARE International observed less access to sexual and reproductive health resources to survivors of sexual violence, and specifically, a lack of availability of emergency contraception as part of the clinical management of rape.

A February 2020 UNICEF-funded and Ministry of Health-supported teenage pregnancy report found that, although live birth rates for women ages 15 to 19 trended downward between 2009 and 2018 (the most recent year available for the report) from 88 live births per 1,000 women to 69), while live birth rates among girls ages 10 to 14 trended slightly upward, from 2.1 per 1,000 in 2007 to 2.8 in 2017. The report found the incidences of girls ages 10 to 14 having children were highest in coastal and Amazonian provinces, including Esmeraldas, Sucumbios, Orellana, and Morona Santiago. On August 17, Secretary of Human Rights Bernarda Ordonez stated 70 percent of girls ages 10 to 14 who become pregnant were most likely sexually violated. Ordonez added that many of these adolescents also suffered from sexually transmitted diseases, urinary tract infections, and other health complications.

Although the country’s maternal mortality rate had remained below 70 per 100,000 live births since 2012, media citing official national statistics indicated the rate increased from 37 to 57.6 between 2019 and 2020. According to local health experts, maternal mortality was 36 percent more likely among women in rural areas compared with those in urban areas, and women with primary or less education were three times more likely to suffer maternal death than those with at least a high school education. Further, indigenous and Afro-Ecuadorian women were 69 and 50 percent more susceptible to maternal death, respectively, than their mestiza counterparts.

While the law prohibits discrimination against girls who become mothers, NGOs reported some faced discrimination and subsequently left school. A lack of resources also resulted in young mothers discontinuing their education to pursue work.

Discrimination: The constitution affords women the same legal status and rights as men. Nevertheless, discrimination against women was prevalent, particularly with respect to economic opportunities for older women and for those in the lower economic strata. Women continued to face wage disparities compared with men. NGOs said women also faced discrimination in housing access and some judicial proceedings, namely, in reporting and filing charges in cases of alleged sexual abuse.

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

Egypt

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape, prescribing penalties of 15 to 25 years’ imprisonment, or life imprisonment for cases of rape involving armed abduction. Spousal rape is not illegal. The government improved its enforcement of the law. Civil society organizations reported instances of police pressuring survivors not to pursue charges.

On April 11, the Cairo Criminal Court convicted Ahmed Bassam Zaki and sentenced him to eight years’ total imprisonment – seven years for sexual assault on three minor girls and one year for drug use. The court acquitted Zaki of violating the privacy of survivors, threatening survivors, and abusing social media and telecommunications. The Cairo Economic Court convicted Zaki in a separate case in December 2020 for misuse of social media and sexual assault and sentenced him to three years in prison with labor. On March 15, an appeals court heard Zaki’s appeal in this separate case, but a decision had not been reported by year’s end. Zaki’s July 2020 arrest, after more than 50 women accused him online of rape, sexual assault, and harassment dating back to 2016, gave rise to what media referred to as the country’s #MeToo movement.

On May 11, the Public Prosecution announced that none of the men it ordered arrested in 2020 for allegedly gang raping a woman at the Fairmont Nile City hotel in 2014 would be tried, due to a “lack of evidence,” and that it had released the men it detained in the case. Prosecutors pointed to a six-year lag between the incident and its being reported, the difficulty in identifying individuals based on photographs made available, the inability of the prosecution to access a video clip of the rape, and inconsistent and recanted testimony as factors that impaired efforts to bring the case to trial. In a separate rape case, the North Cairo Criminal Court on November 9 sentenced two of the defendants released in the Fairmont Nile City case to life in prison and a third to 15 years in prison. On August 10, the Shubra El-Kheima Criminal Court sentenced a doctor to seven years in prison for drugging and sexually assaulting a schoolteacher receiving treatment at his clinic.

Domestic violence was a significant problem. The law does not prohibit domestic violence or spousal abuse, but authorities may apply provisions relating to assault with accompanying penalties. The law requires that an assault survivor produce multiple eyewitnesses, a difficult condition for domestic abuse survivor. Police often treated domestic violence as a family matter rather than as a criminal matter.

The Interior Ministry includes a unit responsible for combating sexual and gender-based violence. The NCW was responsible for coordinating government and civil society efforts to empower women. In September the prime minister issued a decree to establish the country’s first integrated governorate-level units to serve survivors of violence. These units are mandated to coordinate and improve integrated survivor-centered services to women. An NCW study found that approximately 1.5 million women reported domestic violence each year. According to NCW and UNICEF data, the COVID-19 pandemic increased the risks of violence and economic hardships for women.

Female Genital Mutilation/Cutting (FGM/C): FGM/C is illegal, and the government strengthened legislation banning the practice, but it remained a serious problem. Although declining, FGM/C continued to be widely practiced. The prevalence, however, was reportedly much higher among older age groups. Type 3 FGM/C (infibulation) was more prevalent in the South (Aswan and Nubia), and in some cases was associated with difficulty in giving birth, obstructed labor, and higher rates of neonatal mortality. The government enlisted the support of religious leaders to combat cultural acceptance of FGM/C and encourage family planning. According to international and local observers, the government took steps to enforce the FGM/C law. In 2019 the government formed a national task force to end FGM/C, led by the National Council for Women and the National Council for Childhood and Motherhood.

On April 28, President Sisi ratified amendments to the penal code that increase FGM/C minimum sentences from one to 15 years to five to 20 years in prison, removed the “medical exception” in the law, introduced bans for medical providers and medical institutions from providing medical services for a period after involvement in the crime, and extended criminal liability to anyone supporting the crime, including family members of the survivor. On March 28, a local human rights organization said the extended criminal liability to anyone involved in the crime could inhibit some survivors and family members from reporting the crime due to fear their relatives might be arrested.

According to local media reports, authorities arrested a father and a retired nurse on February 2 after they allegedly conducted FGM/C on a 15-year-old girl at her home in a poor district in Qalyoubia Governorate. The father took his daughter, who suffered severe complications, to a nearby hospital, where the attending physician reported the incident to the Public Prosecution, resulting in the two arrests. National Council for Women head Maya Morsi praised the quick action of authorities and called on parliament to quickly pass draft legislation (formally introduced on January 24 and ratified April 28), to sharpen the FGM/C penalties.

On September 25, using the new FGM/C law, a criminal court sentenced a nurse to 10 years in prison, the longest sentence ever given in the country for FGM/C. In the same case, the court also sentenced the father to three years in prison for subjecting his eight-year-old daughter to FGM/C.

On October 13, the Public Prosecution detained a doctor who reportedly performed FGM/C operations in Beni Suef pending investigation and released the mother of an FGM/C survivor on bail.

Other Harmful Traditional Practices: The law allows leniency towards men who kill their wives upon discovering them in an act of adultery. The law does not specifically address “honor” crimes, which authorities treated as any other crime. In January a local NGO said there were at least 14 “honor killings” in the country in 2020. In March local media reported that the Cairo Criminal Court sentenced a man to five years in prison for killing his sister because he believed she committed “inappropriate” and “suspicious” acts. On May 9, a court in Abbasiya sentenced three defendants to 10 years in prison for the death of a female doctor who was thrown to her death from the balcony in her Cairo apartment after she invited a man to her apartment. On November 17, an Assiut criminal court sentenced a man to three years in prison for killing his mother after a video reportedly showed her in an “immoral relationship” with another person.

Sexual Harassment: While the government took several steps to prevent sexual harassment, it remained a serious problem. On August 18, the president ratified amendments to the penal code that upgrade sexual harassment to a felony offense, increase minimum sentences to two to seven years in prison (up from six months to five years), increase minimum fines, and add a provision that repeat offenders may face double the prison time. On October 17, under the new amendments, a misdemeanor court sentenced a young man accused of harassing a girl at a Cairo Metro station to three years and six months in prison.

Media and NGOs reported that sexual harassment by police was also a problem and that the potential for further harassment, lengthy legal procedures, and lack of survivor protections further discouraged women from filing complaints. On November 9, the North Cairo Criminal Court sentenced physician Michael Fahmy to life imprisonment for forcibly molesting six girls inside his clinic. The court acquitted his wife. Charges against the two included the kidnapping of six girls by luring them to his residence and a private clinic and making them believe that they needed “special treatment and examination.” Some survivors spoke out regarding harassment on social media in September 2020.

On July 15, the Cairo Criminal Court sentenced dentist Bassem Samir to 16 years in prison for sexual harassment and misconduct against male patients and visitors to his clinic, including actor Abbas Aboul Hassan and singer Tameem Youness.

On October 31, the Mansoura Economic Misdemeanors Court convicted two lawyers for defamation of and threats against the survivor of mass harassment in Mit Ghamr in December 2020. One lawyer was sentenced to two years in prison and a fine, and the other lawyer to six months in prison and a fine. Media reported the two lawyers published videos and personal photographs of the survivor with the aim of threatening her to change her statements against their clients, who were accused of sexual assault but acquitted by the Mansoura Criminal Court on March 21 on a procedural error. On March 23, local media quoted the survivor saying during the trial that she was threatened with murder, maiming, and rape. The prosecution appealed the verdict on May 17 that acquitted the seven defendants.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities. There were no reports regarding the ability of vulnerable populations (individuals with disabilities, members of minorities, etc.) to provide informed consent to medical treatment affecting reproductive health, including for sterilization.

The Ministry of Health and Population distributed contraception and assigned personnel to attend births, offer postpartum care to mothers and children, and provide treatment for sexually transmitted diseases at minimal or no cost. The government also did not restrict family-planning decisions. Gender norms and social, cultural, economic, and religious barriers inhibited some women’s ability to make reproductive decisions and to access contraceptives. Some women lacked access to information on reproductive health, and the limited availability of female health-care providers reduced access to skilled health attendance during pregnancy and childbirth, in view of the preference many women had for female health-care providers for social and religious reasons.

There was limited information on government assistance to survivors of sexual assault, including whether emergency contraception was available as part of clinical management of rape.

Discrimination: The constitution provides for equal rights for male and female citizens. While the government took steps to improve their situation, women did not enjoy the same legal rights and opportunities as men, and discrimination was widespread. Aspects of the law and traditional societal practices disadvantaged women in family, social, and economic life.

Women faced widespread societal discrimination, threats to their physical security, and workplace bias in favor of men, thus hindering women’s social and economic advancement.

Laws affecting marriage and personal status generally corresponded to an individual’s religious group. A female Muslim citizen cannot legally marry a non-Muslim man. If she were to do so, authorities could charge her with adultery and consider her children illegitimate. Under the government’s interpretation of Islamic law, any children from such a marriage could be placed in the custody of a male Muslim guardian. Khula (divorce) allows a Muslim woman to obtain a divorce without her husband’s consent, provided she forgoes all her financial rights, including alimony, dowry, and other benefits. The Coptic Orthodox Church permits divorce only in rare circumstances, such as adultery or conversion of one spouse to another religion. Other Christian churches permitted divorce on a case-by-case basis.

On January 3, the Supreme Constitutional Court ruled that the penal code unconstitutionally discriminates against women by stipulating longer prison terms for adultery for women, in hearing the appeal of a women sentenced to two years in prison for adultery.

The law follows sharia in matters of inheritance; therefore, a Muslim female heir generally receives one-half the amount of a male heir’s inheritance, and Christian widows of Muslims have no inheritance rights. A sole Muslim female heir receives one-half her parents’ estate, and the balance goes to the siblings of the parents or the children of the siblings if the siblings are deceased. A sole male heir inherits his parents’ entire estate.

In marriage and divorce cases, a woman’s testimony must be judged credible to be admissible. Usually, the woman accomplishes credibility by conveying her testimony through an adult male relative or representative. The law assumes a man’s testimony is credible unless proven otherwise.

In a June 2 meeting with top judicial figures, President Sisi announced that for the first time in the country’s history women would be allowed to work at the State Council and the Public Prosecution, starting on October 1. He also announced that the State Lawsuits Authority would be required to state a reason for rejecting any judicial applicants, and that personnel of the same rank in the State Council, Administrative Prosecution, State Lawsuits Authority, and judiciary would receive the same financial entitlements, including equal wages. A local NGO said in a Facebook statement on August 22 that the Supreme Judicial Council approved the prosecutor general’s request to transfer 11 female judges, including one Copt, to work in the Public Prosecution for the judicial year from September until September 2022.

El Salvador

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Equatorial Guinea

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: Rape is illegal and punishable by 12 to 20 years’ imprisonment and fines. The law does not address spousal rape or the gender of rape survivors. The government did not enforce the law effectively, in part due to reluctance of survivors and their families to report rape. Even when survivors reported rape, police and judicial officials were reluctant to act, particularly if alleged perpetrators were politically connected or members of the military or police. LGBTQI+ women and transgender men were particularly vulnerable to sexual violence in the military, and these same groups reported abuse by their families including rape as a form of so-called conversion therapy. Transgender women reported harassment, rape, and sexual abuse in police custody.

Domestic violence is illegal. The penalty for assault ranges from one to 20 years’ imprisonment. Survivors were reluctant to report cases, and the government did not enforce the law effectively, with police and the judiciary reluctant to prosecute cases. Authorities generally treated domestic violence as a private matter to be resolved in the home, did not protect the anonymity of survivors, and often disclosed victims’ whereabouts to their alleged abusers. No statistics were available on prosecutions, convictions, or punishments.

National television on several occasions broadcast interviews with underage girls, in some cases concealing their faces, being coerced by authorities into withdrawing rape allegations. Sometimes the girls withdrew their allegations following financial settlements with their alleged rapists, or due to family or community pressure. The Ministry of Social Affairs and Gender Equality mediated some domestic disputes but had no enforcement powers.

The government-controlled media regularly broadcast public service announcements regarding domestic violence and trafficking in persons.

Other Harmful Traditional Practices: In rural areas there were instances of levirate marriage, the practice by which a woman is required to marry her deceased husband’s brother, often against her will. Under such practice, women were not allowed to inherit their late husbands’ possessions. In some cases large bride prices paid to a wife’s family made it difficult for women to leave their marriages because, despite the law’s requirement for an equitable division of assets, traditional practices within the majority Fang ethnic group require reimbursement of the bride price and additional goods accrued during the marriage to a husband’s family in the case of divorce.

Sexual Harassment: Although the law prohibits sexual harassment, it continued to be a problem. The government made no effort to address the problem, and no statistics were available.

In June anonymous sources reported sexual extortion and abuse by officials on several women’s national sports teams, particularly regarding selection to the teams.

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

Legal, social, and cultural barriers and government policies impeded access to sexual and reproductive health services. LGBTQI+ individuals were generally not afforded the ability to manage their reproductive health.

The government provided access to sexual and reproductive health services for sexual violence survivors, including interviews and medical examinations at hospitals and clinics, although service providers had no specific training on handling sexual violence. Emergency contraception was not available as part of the clinical management of rape cases. There was limited access to postabortion care.

According to the World Health Organization (WHO), the maternal mortality rate was 301 per 100,000 live births in 2017. Major factors affecting maternal mortality included poverty, poor medical training, and limited access to health care, especially in rural areas. Prenatal and obstetric care was free in government clinics but limited primarily to the cities of Malabo and Bata. The WHO reported that skilled health personnel attended 68 percent of births, but only 21 percent of women of reproductive age had their need for family planning satisfied through modern methods. The birth rate was 176 per 1,000 girls and women ages 15 to 19. Factors likely contributing to the high birth rate included cultural tolerance for childbirth out of wedlock, low access to sexual education and contraception in rural populations, and economic constraints forcing girls into relationship with older men who could support families.

Discrimination: While the constitution provides for equality between men and women, the law discriminates against women in matters of nationality (for example, it is easier for a man to pass citizenship to a foreign woman through marriage than it is for a woman to pass citizenship to a foreign man), real and personal property, and inheritance. The prevalence of negative stereotypes and adverse cultural norms and customs was believed to contribute to discrimination against women.

Custom confined women in rural areas largely to traditional roles. Women in urban areas experienced less overt discrimination but did not enjoy pay or access to employment and credit on an equal basis with men (see section 7.d, Discrimination with Respect to Employment and Occupation).

The government provided courses, seminars, conferences, and media programs to sensitize the population and government agencies to the needs and rights of women. The Ministry of Social Affairs and Gender Equality held events for International Women’s Day to raise public awareness of these rights. The ministry also provided technical assistance and financial support to rural women.

Eritrea

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: Rape is a crime punishable by up to 10 years in prison, or up to 16 years in aggravated cases (such as those that inflict serious bodily injury, involve a minor or someone under the perpetrator’s care, or involve a group of perpetrators). The law makes no distinction based on the gender of the assailant or the victim. Rape between spouses is punishable only when the spouses have permanently separated.

While the law does not specifically criminalize domestic violence, assault carries a punishment that varies based on the seriousness of the crime, ranging from nine months to 19 years in prison. Authorities rarely intervened in domestic violence cases.

It is difficult to determine the extent of such abuses, as stigma prevents individuals from coming forward, and the government does not publicize statistics.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C for both women and girls. Government efforts to reduce FGM/C included public awareness campaigns at the local level targeting religious and community leaders. Government reports stated certain regions and subzones were considered entirely free of FGM/C. Local UN representatives confirmed that the government took FGM/C seriously as a problem and acted credibly to combat the practice. The UN Population Fund worked with the government and other organizations, including the National Union of Eritrean Women and the National Union of Eritrean Youth and Students, on a variety of education programs to discourage the practice.

Sexual Harassment: The law does not specifically criminalize sexual harassment.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization by government authorities. Vulnerable populations can provide informed consent to medical treatment affecting reproductive health, including sterilization.

The Ministry of Health promoted modern contraceptive means and took steps to inform women throughout the country of these means. Contraception was provided free of charge in many cases; however, in more rural areas, women still lacked access or information. The World Health Organization reported that from 2010 to 2019 only 21 percent of women of reproductive age had their need for family planning satisfied with modern methods.

Women in major population centers have access to prenatal and childbirth health-care services. Rural areas lack the same level of health care for pregnancy, and there is a lack of skilled health-care attendance at birth. According to the World Health Organization, only 34 percent of births from 2010 to 2019 were attended. Barriers included education and transportation.

Women had access to emergency health care, including services for the management of complications arising from abortion; however, in doing so they risked arrest and prosecution for the illegal abortion.

The government provided sexual and reproductive health services for survivors of sexual violence, including emergency contraception and postexposure prophylaxis for HIV.

According to the World Health Organization, the maternal death rate was an estimated 480 deaths per 100,000 live births. The high maternal death rate was likely due to such factors as limited health-care services, particularly in rural areas. No information was available on the adolescent birth rate. While this has traditionally been a problem in the country and likely contributed to high maternal death rates, the government has made a concerted effort to convince individuals to delay marriage and childbirth.

Discrimination: Family, labor, property, nationality, and inheritance laws provide men and women the same status and rights. The law requires equal pay for equal work. Nevertheless, women, particularly in rural areas, continued to face economic and social discrimination. The government did not enforce the law effectively.

Estonia

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape, including spousal rape, and physical abuse, including domestic violence. The law was 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 had suffered sexual violence, including rape.

According to NGOs and shelter managers, violence against women, including domestic violence, was a problem. During the first six months of the year, physical abuse crimes dropped 5 percent, including domestic violence cases. Women constituted more than 80 percent of the victims of domestic violence registered by police. Police registered 3 percent fewer reports of domestic violence in 2020 than in the previous year. Of domestic violence crimes, 85 percent were physical abuse cases, 11 percent were threatening cases, 3 percent were sexual offenses, and less than 1 percent were murders or attempted murders.

NGOs, local governments, and others could seek assistance for survivors 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 survivors 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, but 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 2020 the number of sexual harassment cases did not materially change compared with the previous year; 97 percent of the victims in reported cases of sexual harassment were women. The number of registered stalking incidents in 2020 grew 11 percent compared to the previous year; 88 percent of reported stalking victims were women while 92 percent of alleged perpetrators were men.

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

The government provided access to sexual and reproductive health services for survivors of sexual violence. Emergency contraception was available as part of clinical management of rape.

Discrimination: The law provides the same legal status and rights for women as for men, including under family, religious, personal status, and nationality laws as well as laws related to labor, property, inheritance, employment, access to credit, and owning or managing businesses or property. 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.).

Eswatini

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes domestic violence and rape, including rape of a spouse or intimate partner. The penalties for conviction of rape are up to 30 years’ imprisonment for first offenders and up to 40 years’ imprisonment for repeat offenders. The penalty for conviction of domestic violence is a fine, up to 15 years’ imprisonment, or both. Several convicted perpetrators received lengthy sentences. Although men remained the primary perpetrators, women have also been arrested and convicted under the law.

Rape remained common, and domestic violence against women has resulted in deaths. There were few social workers or other intermediaries to work with survivors and witnesses to obtain evidence of rape and domestic violence. There were reports that survivors faced intimidation, stigmatization, and violence from authorities, relatives, and perpetrators when attempting to report rape and domestic violence to police or other authorities.

Rural women who pursued prosecution for domestic violence in traditional courts often had no relief if family intervention failed, because traditional courts were less sympathetic to women and less likely than courts using Roman-Dutch-based law to convict men of spousal abuse.

Other Harmful Traditional Practices: Accusations of witchcraft were employed against women in family or community disputes that could lead to their being physically attacked, driven from their homes, or both.

Sexual Harassment: The law establishes broad protections against sexual harassment, with penalties if convicted of a monetary fine, 10 years’ imprisonment, or both. The government generally enforced this law effectively.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization by government authorities. Some individuals, however, particularly young women, often lacked the information and means to support their reproductive health. Cervical cancer screenings and precancer treatment programs were available to women living with HIV. Human papillomavirus vaccines were not available to girls in the country due to its high cost and a lack of government funding. There were reports that girls, particularly in rural areas, missed school on occasion due to lack of sanitary products. According to anecdotal reports, teenage pregnancy greatly increased during the year due to school closures from COVID-19 and civil unrest. Government officials announced pregnant pupils were welcome to attend public schools, but some private religious institutions did not allow pregnant girls to attend.

Travel and movement restrictions due to the unrest and COVID-19 created barriers that impeded access to sexual and reproductive health services. In general, there was wide access to contraception, including in health facilities, retail stores, public restrooms, and workplaces throughout the country, and most persons had access to reproductive health and contraception information. The UN Population Division estimated 68 percent of girls and women ages 15-49 used a modern method of contraception during the year.

According to the World Health Organization, the maternal mortality ratio was 437 deaths per 100,000 live births. This high ratio resulted from a host of factors, one of which was the quality of medical care, but others were patient-dependent factors such as not seeking antenatal care, late presentation to facilities, and home deliveries.

The government provided emergency contraception and postexposure HIV prophylaxis to survivors of gender-based violence.

Discrimination: Women occupied a subordinate role in society. The dual legal system complicated the protection of women’s rights. Since unwritten customary law and custom govern traditional marriage and certain matters of family law, women’s rights often were unclear and changed according to where and by whom they were interpreted. Couples often married in both civil and traditional ceremonies, creating problems in determining which set of rules applied to the marriage and to subsequent questions of child custody, property, and inheritance in the event of divorce or death.

In 2019 the High Court ruled common law “marital power” that formerly denied married women the right to act without their husband’s consent in many instances was unconstitutional. The High Court in 2019 also struck down sections of the law that allowed marital power and spousal property rights to be governed by law and custom.

Women faced employment discrimination. The constitution provides for equal access to land, and civil law provides for women to register and administer property, execute contracts, and enter transactions in their own names.

Girls and women in rural areas faced discrimination by community elders and authority figures. Boys received preference in education. Although customary law considers children to belong to the father and his family if the couple divorce, custody of the children of unmarried parents typically remains with the mother, unless the father claims paternity. When the husband dies, tradition dictates the widow must stay at the residence of her husband’s family in observance of a strict mourning period for one month. Media reported widows and their dependents sometimes became homeless and were forced to seek public assistance after the husband’s family took control of the homestead. Women in mourning attire were generally not allowed to participate in public events and were barred from interacting with royalty or entering royal premises. The mourning period may last up to two years. No similar mourning period applied to men.

Ethiopia

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape and provides for a penalty of five to 20 years’ imprisonment if convicted, depending on the severity of the case. The law does not expressly address spousal rape. The government did not fully enforce the law. The law generally covers violence against a marriage partner or a person cohabiting in an irregular union without specifically mentioning spousal rape. Some judges interpreted this article to cover spousal rape cases, but others overlooked such cases.

In June the EWLA announced that EWLA election observers witnessed three cases of physical assault and eight cases of sexual assault against women at polling stations during the national election. Authorities did not take any enforcement action.

There were numerous reports that parties to the conflict in the northern part of the country engaged in widespread sexual and gender-based violence (see section 1.g.).

Domestic violence is illegal, but government enforcement of the law was inconsistent. Depending on the severity of injuries inflicted, penalties for conviction ranged from small monetary fines to 15 years’ imprisonment. Domestic violence, including spousal abuse, was a pervasive social problem. According to the 2016 Demographic and Health Survey (DHS), 34 percent of married women and girls between ages 15 and 49 had experienced physical, sexual, or emotional violence from spouses.

Female Genital Mutilation/Cutting (FGM/C): The law criminalizes the practice of clitoridectomy and provides for three months’ imprisonment or a monetary fine if convicted. Conviction of infibulation of the genitals (the most extreme and dangerous form of FGM/C) is punishable by five to 10 years’ imprisonment.

According to research by BioMed Central Public Health published in January, the prevalence of FGM/C among girls from birth to age 14 was 18.6 percent, representing a decline compared with 24 percent reported in the Ethiopia DHS conducted in 2005. BioMed’s research indicated FGM/C was still widely practiced across communities (16 percent among girls younger than age 14, and 65 percent among girls and women ages 15 to 49 years).

In February the EHRC stated that the COVID-19 pandemic stalled the implementation of prevention action plans against FGM/C and other harmful traditions. The EHRC also noted that Somali, Afar, the Southern Nations, Nationalities, and Peoples’ Region, and Gambella Regions made the least progress towards eliminating FGM/C.

Other Harmful Traditional Practices: Marriage by abduction is illegal, although it continued in some regions despite the government’s attempts to combat the practice. Abductions led to fighting among families, communities, and ethnic groups. In cases of abduction, the perpetrator did not face punishment if the survivor agreed to marry the perpetrator. The practice of forced marriage as a remedy for rape continued, although rape and forced marriage are illegal. These crimes were difficult to prosecute, however, since they were usually settled outside courts of law. Some communities forced rapists to marry the survivor to protect her family’s reputation. Rapists who married survivors escaped punishment and might also benefit from a lowered bride price demanded by the survivor’s family.

Sexual Harassment: Sexual harassment was widespread. The law prescribes penalties of 18 to 24 months’ imprisonment, but authorities generally did not enforce the law. During the year the Confederation of Ethiopian Trade Unions in collaboration with EWLA established a gender-based violence/sexual harassment reporting desk in several industrial parks.

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

Couples and individuals generally have the right to decide the number, spacing, and timing of their children. The constitution protects the rights of women to access family planning resources and safeguard their health during pregnancy and childbirth. Social and cultural barriers, however, limited women’s access to reproductive health services. According to the 2016 DHS, 85 percent of married or in-union women in the country made decisions on their health care; 94 percent had autonomy in deciding to use contraception; but only 53 percent could refuse to have sex with their partners. Overall, only 45 percent of married or in-union women ages 15 to 49 made their own decisions in all three key areas of sexual and reproductive health and rights: deciding on their own health care, deciding on the use of contraception, and saying no to sex. While 53 percent of married or in-union women reported being able to say no to sex, the law does not protect this right. According to the 2016 DHS, 61 percent of women of reproductive age had access to family planning with modern methods. According to 2018 World Health Organization (WHO) data, the country had an adolescent birth rate (per 1,000 girls ages 15 to 19) of 79.5. Despite nationwide access to contraception, negative cultural stigma around premarital sex reduced utilization of contraception. Transportation problems in remote areas of the country also reduced utilization of contraception. According to a small-scale DHS in 2019, the modern contraception prevalence rate was 41 percent, up from 35 percent in 2016. Prevalence and utilization of contraception varied widely among regions.

Skilled health personnel attended 28 percent of births according to 2019 WHO data. Although the government provided free maternal and child health services, challenges from resource constraints and poor transportation in remote areas persisted for women in accessing skilled health attendance during pregnancy and childbirth. Lack of skilled health attendance during pregnancy correlated with the country’s high maternal mortality rate – 401 deaths per 100,000 live births according to 2017 WHO data. Major causes of maternal mortality included hemorrhage, obstructed labor/ruptured uterus, pregnancy-induced hypertension, sepsis, and unsafe abortion.

Girls and women who have had FGM/C were significantly more likely to have adverse obstetric outcomes, including maternal death (see FGM/C sub-subsection for additional information). While access to some sexual and reproductive health services was available for survivors of gender-based violence at public-sector facilities, more comprehensive services for survivors – including legal and judicial support – were limited. Survivors of gender-based violence in areas impacted by the conflict in the northern part of the country faced lasting medical and mental health complications due to a lack of sexual and reproductive health services associated with the destruction of medical facilities and limitations on humanitarian access.

Social and cultural barriers related to menstruation and access to menstruation hygiene, as well as pregnancy and motherhood, limited girls’ access to education. According to a 2017 UNICEF regional survey, 11 to 46 percent of girls missed between one and seven days of school a month due to menstruation, depending on the region in which they lived. The girls surveyed attributed their absences to lack of adequate hygiene facilities at school and embarrassment due to cultural stigma regarding menstruation. UNICEF also cited early pregnancy as a key factor that kept girls out of school, especially in rural areas.

Discrimination: The law gives equal rights to women and men. Women and men have the same rights entering marriage, during marriage, and at the time of divorce. Discrimination against women was widespread. It was most acute in rural areas, where an estimated 80 percent of the population lived. Traditional courts applied customary law in economic and social relationships.

All federal and regional land laws empower women to access government land. Inheritance laws enable widows to inherit joint property acquired during marriage; however, enforcement of both legal provisions was uneven.

Women’s access to gainful employment, credit, and the opportunity to own or manage a business was limited by fewer educational opportunities and by legal restrictions on women’s employment. These restrictions include limitations on working in occupations deemed dangerous and in specific industries such as mining and agriculture. There were several initiatives aimed at increasing women’s access to these critical economic empowerment tools.

Fiji

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law recognizes rape, including spousal rape, as a crime and provides for a maximum punishment of life imprisonment. The law recognizes spousal rape as a specific offense. Rape (including spousal rape), domestic abuse, incest, and sexual harassment were significant problems. From January to March, the Fiji Women’s Crisis Center recorded 486 domestic violence cases. This was an increase over previous years, attributed to a new national toll-free help line by which victims found it easier to report abuse and to COVID-19 movement restrictions that confined victims with their abusers. The center reported one woman died in a domestic violence incident as of November.

The law defines domestic violence as a specific offense. Police practice a “no-drop” policy, whereby they are required to pursue investigations of domestic violence cases even if a victim later withdraws the accusation. Nonetheless, women’s organizations reported police did not consistently follow this policy. Courts also dismissed some cases of domestic abuse and incest or gave perpetrators light sentences. Traditional and religious practices of reconciliation between aggrieved parties in both indigenous and Indo-Fijian communities were sometimes utilized to mitigate sentences for domestic violence. In some cases, authorities released offenders without a conviction on condition they maintained good behavior.

The NGOs Fiji Women’s Crisis Center and Pacific Women supported a wide range of educational, social support, and counseling measures for survivors of gender-based violence and advocated for legal reforms to strengthen protections for women and girls.

NGOs reported a “concerning increase” in gender-based violence since the pandemic began in 2020. In May alone, domestic violence cases were 60 percent higher than in May 2020. Several of the cases were classified as severe forms of domestic violence, such as the attack on a 58-year-old woman whose husband cut off her arm with a machete at the fast-food restaurant where she worked. Civil society and NGOs maintained that increased depression among women, especially those unable to access mental health-care treatment during lockdowns, combined with life in patriarchal, stressed, and locked-down households, presented a potent combination for harm for women and girls.

Sexual Harassment: The law prohibits sexual harassment, and the government also used criminal law against “indecent assaults on females,” which prohibits offending the modesty of women, to prosecute sexual harassment cases. Sexual harassment was a significant problem.

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

The government provided family planning services, and women had access to contraceptives free of charge at public hospitals and clinics, and for a nominal fee if prescribed by a private physician. Nevertheless, NGOs reported some women faced societal and family pressure against obtaining contraceptives. The government provided sexual and reproductive health services, including emergency contraception, for sexual violence survivors.

Discrimination: Women have full rights of inheritance and property ownership by law, but local authorities often excluded them from the decision-making process on disposition of indigenous communal land, which constituted more than 80 percent of all land. Women have the right to a share in the distribution of indigenous land-lease proceeds, but authorities seldom recognized this right. Women have the same rights and status as men under family law and in the judicial system. Nonetheless, women and children had difficulty obtaining protection orders, and police enforcement of them, in domestic violence cases.

Although the law prohibits gender-based discrimination and requires equal pay for equal work, employers generally paid women less than men for similar work.

Finland

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape of both women and men, 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 up to 10 years. 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 as 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 legal definition of rape emphasizes intentional violence, which civil society organizations alleged leads courts to find assailants not guilty in cases where 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.

Gender-based violence, including domestic and intimate partner violence, 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, many of the cases are referred to a mediator after which police do not closely track the cases. According to the Institute for Health and Welfare (THL), 36.3 percent of intimate partner violence cases were directed to mediation. During the COVID-19 pandemic, cases of intimate-partner violence reported to police increased by 6 percent, and utilization of the online services of the Federation of Mother and Child Homes and Shelters grew by 11 percent over the same period. A government-funded provider of telephone support services for victims of violence against women and domestic violence also reported a 31 percent increase in individuals seeking assistance in 2020. From January through July, 160 cases of rape were reported to police or border guards, a 24 percent increase over the same period in 2020. The ombudsman for equality at the Ministry of Justice highlighted problems with access to domestic violence shelters in remote rural areas.

The government funded shelters specifically for victims of domestic violence. There were 29 shelters for victims of domestic violence, and the number of places available in shelters throughout the country increased to 231 from 179 in 2018. The Finnish branch of Amnesty International stated 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 acknowledged the problem. A survey of shelter services published by the THL during the year found a decrease in the number of shelter clients since 2019. The use of social welfare and health care services that refer clients decreased during COVID-19 lockdowns, which contributed to a decrease in the use of shelters. The THL estimated that the total required number of family places in shelters varied between 262 and 367. The ombudsman for equality at the Ministry of Justice highlighted problems with access to domestic violence shelters in remote rural areas. Funding of support services for survivors of violence were predominantly provided from the revenue of a state-owned company operating slot machines and gambling.

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 THL in June 2020, the most recent data available, 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.

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

In 2019 a group of parents, midwives, and doulas (nonmedical professionals who provide comfort and support to women during pregnancy and childbirth) organized a public campaign against alleged obstetric violence based on reports of episiotomies being performed during birth without informing or obtaining the consent of the mother and medical personnel pressuring pregnant women to consent to interventions and performing “violent internal examinations” on female patients.

The law requires that a transgender person present a medical certificate of infertility before the government may legally recognize their gender identity (see Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity, below, for additional information.)

The government provided access to sexual and reproductive health services for survivors of sexual violence, and emergency contraception was available as part of the clinical management of rape.

Discrimination: The law provides for the same legal status and rights for women as for men. The government enforced the law effectively. Pregnant women experienced difficulties in finding a job, returning from leave, and renewing fixed-term contracts. The equality ombudsman estimated that half of all calls relating to workplace discrimination concerned discrimination based on pregnancy or issues involving return from parental leave (see also section 7.d.).

France

Section 6. Discrimination and Societal Abuses

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 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 were survivors 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 survivors of rape or attempted rape.

In 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 survivors 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 had been a sharp increase in the number of estimated victims so, despite the decline, the 2018 estimate still reflected the second-highest level of abuse since the organizations began collecting data in 2008.

In its 2020 annual report on delinquency published on January 28, the Ministry of Interior reported that domestic violence and rape cases rose by 9 and 11 percent, respectively, compared with 2019. Police and gendarmes registered 24,800 rapes committed in the country in 2020, an 11 percent increase compared with 2019 when 22,300 rapes were registered. The government sponsored and funded programs for women survivors of gender-based 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 2019 the government initiated a national forum on domestic violence that brought together dozens of ministers, judges, police officers, survivors’ relatives, and feminist groups in approximately 100 conferences across the country. At the close of the conferences, then prime minister Philippe announced 46 measures aimed at preventing gender-based violence, including domestic violence. 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 September 3, Prime Minister Castex reported that, of the 46 measures announced in 2019, 36 had been implemented.

In July 2020 parliament adopted a bill on the protection of domestic violence survivors 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 for authorities to suspend parental rights in cases of domestic violence.

Starting in September 2020, judges in five courts (Bobigny, Pontoise, Douai, Angouleme, and Aix-en-Provence) were able to order domestic violence offenders to wear electronic tracking bracelets with a monitor that alerts survivors and police if the abuser comes within a certain distance of the survivor. Judges may order trackers for men charged with assault, even if not yet convicted, provided sufficient grounds are met and the suspect accepts. If a suspect refuses a tracker, the judge may order prosecutors to open a criminal inquiry. Survivors 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 survivors of marital violence each year, with many cases never reported. Official statistics showed that 102 women were killed in domestic violence cases in 2020, down from 149 in 2019. At year’s end the feminist collective “Nous toutes” (All of us) estimated that 113 women were killed in cases involving domestic violence during the year.

On May 4, 31-year-old Chahinez Boutaa, a mother of three, was shot in the legs by her husband before being doused in a flammable liquid and burned alive. The attack happened in broad daylight in Merignac. Following Chahinez Boutaa’s killing, the government launched an inquiry, whose conclusions pointed to serious flaws in the system, notably in the failure to monitor the perpetrator upon his release from prison. The conclusions also revealed a lack of coordination between police and judicial services. In September media outlets leaked an internal police report conducted by the inspector general of the IGPN on the handling of this case. The report concluded that two high-ranking police officers, an inspector and a sergeant, should face a disciplinary hearing and possibly face other sanctions after the report revealed they had made errors of judgment in dealing with this case.

On June 9, the government announced a series of measures to offer women better protection, to include evaluating the danger posed by a perpetrator prior to any easing of sentences. The number of emergency telephones given by police to abuse victims to make calls in case of immediate danger was scheduled to be increased to 3,000 by early 2022, up from the existing 1,324. The government also announced the “reinforcement of the control and possession” of weapons and the creation of a committee to monitor the measures, as well as the introduction of a conjugal violence file, shared and updated each time the police are called in to deal with a case of conjugal violence or when a formal complaint is lodged.

On June 25, a court in Saone-et-Loire sentenced a woman who had killed her rapist husband to a four-year term with three years suspended. She was spared more prison time as she had already served a year in pretrial detention. Prosecutors told the court that the 40-year-old should not go back to prison, as she was “very clearly a victim” of her tyrannical husband.

In an August 2 interview, Interior Minister Darmanin announced new measures against domestic violence. He stated that priority would be given to the processing of complaints of domestic violence, and that an officer specializing in this type of violence would be appointed to each police station and each gendarmerie brigade across the country. To handle the increased number of court procedures (193,000 for the year 2020), Darmanin promised a recruitment drive for judicial police officers.

On September 24, Justice Minister Eric Dupond-Moretti unveiled an experiment that uses virtual reality technology to deter men convicted of domestic violence from reoffending. The technology offers a “total immersion” experience by way of a headset that allows the offender to look at things from the point of view of his victims. Some 30 volunteers – all men who have been convicted for domestic violence –chose to participate in the experiment, which started in October and will be run for a year by three prison services. Six are from Villepinte and 12 are from Meaux, suburbs north-east of Paris, while 10 are in the south-eastern city of Lyon. “We have given priority to the profiles that are most likely to re-offend,” the Justice Ministry said of the project, which was to be independently evaluated before being made permanent.

On October 1, the 2021 European Crystal Scales of Justice prize, organized by the Council of Europe to reward innovative judicial practices within European judicial institutions, was awarded to the Ministry of Justice for its project Simplified filing of complaints in hospitals for victims of domestic violence. The project involved a system that allows investigating authorities to receive complaints from victims of domestic violence directly in medical facilities. The system strengthens survivor protection by providing a simplified procedure for filing a complaint at the moment and place where the violence was reported.

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 survivors.

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 from sub-Saharan African countries where FGM/C was prevalent, and the procedure was performed. According to the Group against Sexual Mutilation, 350 excisions were performed in the country each year. In 2019 the government initiated a national action plan to combat FGM/C, focusing on identifying risks, preventing FGM/C, and supporting female survivors. In 2019 the National Public Health Agency estimated the number of victims of FGM/C rose from 62,000 in the early 2000s to 124,000 in the middle 2010s.

On February 6, the International Day of Zero Tolerance for Female Genital Mutilations/Cutting, Junior Minister of Gender Equality and the Fight against Discrimination Schiappa announced the allocation of 60,000 euros ($69,000) 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 the country.

Sexual Harassment: The law prohibits gender-based violence, including sexual harassment of both women and men 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. In a report released on July 6, the Ministry of Interior noted that authorities fined 3,500 men for harassing women in public spaces since the introduction of the law in 2018, including 850 during the first five months of the year.

In May 2020 the government unveiled a plan to fast-track court proceedings for street harassment and a campaign to keep women safe on the streets. The measures were 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 United Nations, allowed 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 could be bars, restaurants, pharmacies, or any business willing to take part in the program. Women would be able to recognize participating locations by a label displayed outside the business. On April 15, the government launched a “barometer” program to assess the street harassment phenomenon and map “red areas” of concern.

According to the latest statistics released by the Ministry of Interior in January, reported cases of sexual harassment increased by 6 percent in 2020, with 2,270 complaints registered by police.

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

On September 9, Health Minister Olivier Veran announced that contraception will be free for women up to the age of 25 beginning in 2022, extending a program under which girls ages 15 to 18 could receive free contraception. The minister stated that 25 was chosen as the age limit because “this age corresponds with more economic and social autonomy,” adding that “it’s also the age limit for coverage under one’s family health plan.”

The government provided access to sexual and reproductive health services for survivors of sexual violence. Emergency contraception was available as part of clinical management of rape.

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 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 (see section 7.d.), and women were underrepresented in most levels of government leadership.

Gabon

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape; convicted rapists face penalties of 10 to 20 years’ imprisonment and a fine. Nevertheless, authorities seldom prosecuted rape cases. The law addresses spousal and intimate partner rape regardless of gender. There were no reliable statistics on the prevalence of rape, but a women’s advocacy NGO estimated it to be a frequent occurrence. Discussing rape remained taboo, and survivors often opted not to report it due to shame or fear of reprisal.

On January 29, an agent of the Republican Guard raped a girl age 15 in Libreville. The Army Disciplinary Council heard his case and dismissed him from the army. He received no further sanctions.

Although the law prohibits domestic violence, NGOs reported it was common. Penalties for conviction range from two months’ to 15 years’ imprisonment. Women rarely filed complaints, due to shame or fear of reprisal, although the government operated a counseling group to provide support for abuse victims. The government provided in-kind support to an NGO center to assist victims of domestic violence, and through the center’s work, police intervened in response to incidents of domestic violence. In April the government opened a national hotline to assist persons experiencing any kind of violence.

Sexual Harassment: NGOs reported sexual harassment of women continued to be pervasive. The law states sexual harassment “constitutes an offense against morals (and includes) any behavior, attitude or repeated assiduous or suggestive words, directly or indirectly attributable to a person who, abusing the authority or influence conferred on him by his functions or its social rank, aims to obtain sexual favors from an individual of one or the other sex.” Conviction of sexual harassment is punishable by up to six months’ imprisonment and a substantial monetary fine. During the year there were no reports of convictions for sexual harassment or of other enforcement of the relevant law.

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

The Ministry of Health provided guidance on family-planning best practices to health facilities throughout the country. There were some social and cultural barriers to access to family planning based on behavioral norms, religious beliefs, and an individual’s sexual orientation. Adolescents in rural areas also sometimes lacked access to family planning. Sexual and reproductive health services, but not including emergency contraception, were available to survivors of sexual violence at government and private medical facilities, and local NGOs provided support to sexual violence survivors.

The World Health Organization estimated the maternal mortality rate in 2017 at 252 deaths per 100,000 live births. According to the 2012 Gabon Demographic and Health Survey, girls and women ages 15 to 19 were among the most affected, representing 34 percent of maternal deaths. The main causes of maternal death were hemorrhages during childbirth, high blood pressure, and infections.

Discrimination: The law does not generally distinguish between the legal status and rights of women and men. The law provides for equal treatment regarding property, nationality, and inheritance. In September the civil and penal codes were changed to promote gender equality and to reduce the impact of violence against women. The following main points were addressed in the law: full equality between women and men in matters of divorce and enabling divorce proceedings through mutual consent, with or without a judge’s intervention; the role of head of the family is to be shared between spouses and both can choose the family residence together; wives no longer need to notify their husbands before opening a bank account or tell them their debit balance; strengthening sociomedical care, with the government committing to take responsibility for the medical and psychological care of female victims of violence (e.g., medical certificates confirming physical abuse are to be free of charge, as 9 percent of women were victims of sexual violence, as reported by a prominent NGO); harsher sanctions for domestic abuses and widows’ spoliation; and heavier penalties for corruption among judicial police officers or agents who attempt to coerce or pressure victims.

There were no reports of the government failing to enforce the law effectively. No specific law requires equal pay for equal work. Women faced considerable societal discrimination, including in obtaining loans and credit and, for married women, opening bank accounts without their husbands’ permission and administering jointly owned assets, especially in rural areas.

Gambia

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape without reference to gender and criminalizes domestic violence. The penalty for rape is life imprisonment. The maximum penalty for attempted rape is seven years’ imprisonment. Spousal and intimate partner rape, which are not illegal, was reportedly widespread, although there were no recent studies or reports; police officers generally considered it a domestic matter outside of their jurisdiction. Rape and domestic violence were widespread problems that often went unreported due to survivors’ fear of reprisal, unequal power relationships, stigma, discrimination, and pressure from family and friends not to report abuses. The penalty for domestic violence is two years’ imprisonment, a substantial monetary fine, or both.

The Ministry of Women’s Affairs, Children, and Social Welfare operated a shelter and cooperated with UN agencies and civil society organizations to address sexual- and gender-based violence.

Female Genital Mutilation/Cutting (FGM/C): The law bans FGM/C of girls and women; however, the practice had widespread and deeply rooted popular support. Authorities did not always enforce the law. Survivors and witnesses rarely reported abuses because they were uncomfortable implicating family or community members. According to UNICEF and NGOs, 76 percent of girls and women between ages 15 and 49 had been subjected to FGM/C as of 2020. Authorities made no FGM/C arrests during the year.

NGOs, including The Gambia Committee on Traditional Practices Affecting the Health of Women and Children, Wassu Gambia Kafo, Safe Hands for Girls, and Think Young Women, were at the forefront of combatting FGM/C in the country.

Sexual Harassment: The law prohibits sexual harassment and stipulates a one-year mandatory prison sentence for abuses. Sexual harassment was prevalent but not commonly reported due to discrimination, social stigma, and unwillingness to challenge the offenders. The government did not enforce the law effectively.

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

Barriers that impeded access to sexual and reproductive health services included cultural taboos, limited formal education with high illiteracy rates, low wages, and poor infrastructure, particularly in more rural areas of the country. Access to both routine and emergency health care was limited due to lack of capacity in all sectors of the health-care field.

The government attempted to provide access to sexual and reproductive health services for survivors of sexual violence, but residents in rural areas had very limited access to basic health care. Emergency contraception was available as part of the clinical management of rape cases, but limited to urban areas, with inconsistent supply at pharmacies and medical centers.

According to the World Health Organization (WHO), the country’s maternal mortality rate in 2020 was 597 per 100,000 live births. The WHO identified hemorrhage, anemia, early pregnancy, and obstructed labor as the main causes of maternal mortality. FGM/C negatively impacted reproductive and maternal morbidity (see the Female Genital Mutilation/Cutting subsection for additional information).

According to UN Population Fund data from 2020, 41 percent of married or in-union girls and women ages 15 to 49 made their own decisions regarding sexual and reproductive health, including decisions regarding their health care, the use of contraception, and whether to have sex. According to UNICEF, a skilled health-care professional attended 88 percent of births in 2020.

Discrimination: The constitution and law provide for equality of all persons, including with regard to race, color, gender, language, religion, political or other opinion, national or social origin, and birth. The law prohibits discrimination in employment, access to credit, owning and managing a business, housing or education. Nevertheless, the law does not provide the same legal status and rights for women regarding adoption, marriage, divorce, burial, and inheritance of property. The government enforced the law effectively.

Georgia

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: Rape is illegal if it is committed by use of force, threat of use of force, or with a victim of a “helpless condition,” a legal term generally applied to elderly individuals, persons with mental or physical disabilities, or others deemed unable to resist. Some expressed concern that the definition of rape did not conform to international standards to combat violence against women, and that the lack of a positive consent framework meant that some rapes went uninvestigated or unpunished. A convicted first-time offender may be imprisoned for up to eight years. The government did not enforce the law effectively.

Investigative authorities lacked training on effective procedures on case handling and evidence collection. Survivors were often told to focus on physical violence as proof of sexual violence. GYLA reported sexual violence was prevalent and underreported. In only a small number of reported cases were perpetrators convicted. Prosecutors applied overly burdensome evidence requirements for bringing charges against perpetrators of sexual violence, while overwhelmingly strict requirements for convictions of sexual violence crimes were applied by judges.

The Public Defender’s Office noted in its 2020 report, released in April, serious legislative shortcomings in the regulation of crimes involving sexual violence, as well as in investigation, criminal prosecution, and court hearing of such crimes, falling short of the standards of the Council of Europe Convention on preventing and combating violence against women and domestic violence and international human rights. The office’s analysis showed that in the cases of rape and other sexual violence, courts did not consider the absence of a survivor’s consent an integral part of the definition of crime. Furthermore, the legislation does not consider a broad spectrum of circumstances that may affect the survivor’s will and provides for a disproportionately lenient punishment for a crime committed in certain conditions.

The law criminalizes domestic violence. In cases that do not result in physical injury, penalties for conviction of domestic violence include 80 to 150 hours of community service or imprisonment for up to two years. Domestic and gender-based violence remained a significant problem that the government took several steps to combat. The Ministry of Internal Affairs had a risk assessment tool that enables a police officer to decide whether to issue a restraining order based on a questionnaire available in the restraining order protocol, the data assessment, and risk analysis. In addition, if there was a high risk of recurrence of violence, a system of electronic surveillance allowed the Ministry of Internal Affairs to monitor abusers 24 hours a day. The high rate of domestic violence showed reporting of incidents increased in the country and that police were responding. The 112 Emergency Center also deployed an app that allows survivors of domestic or other violence to communicate via text message with emergency operators, making it easier to report abuse without alerting the perpetrator who may still be nearby. Shortcomings, however, remained. In one example, in 2019 an employee of the Tbilisi City Council accused council member Ilia Jishkariani of sexual assault and beating. The Prosecutor’s Office charged Jishkariani with sexual and other violence; the trial at Tbilisi City Court, which started in 2019, continued as of year’s end.

In June parliament approved legislation on the introduction of witness and survivor advocates that sit within police units. The provisions, which took effect on June 24, allow survivor advocates to support witnesses and survivors during the legal proceedings by establishing effective communication between them and investigators, provide necessary information during the investigation, and offer state services and assist in the application of such services. As of November there were 13 such advocates assigned to major police departments. Previously, these positions existed only at the Prosecution Service.

Despite legislative changes, the Public Defender’s Office reported in its annual report for 2020 that authorities lacked a comprehensive approach to combating domestic violence and violence against women, and there was insufficient coordination among government agencies.

The Public Defender’s Office highlighted a shortage of measures to prevent violence against women and to empower survivors of domestic violence. The office analyzed gender-based killings (femicides) and concluded they demonstrated an absence of mechanisms to prevent violence against women in the country.

The law provides for measures to detect signs of domestic violence in minors by crisis and shelter staff and promotes a prevention-oriented approach. The Public Defender’s Office and women’s rights NGOs emphasized there remained a need for the government to improve coordination between government agencies working on the matter.

NGOs and the government expanded services provided to survivors of domestic violence in recent years. GYLA remained concerned that notwithstanding the COVID-19 pandemic, official statistics on domestic violence and violence against women did not change significantly, which indicated a possible underreporting of domestic violence incidents by victims.

Domestic violence laws mandate the provision of temporary protective measures, including shelter, protective orders, and restraining orders that prohibit an abuser from coming within 330 feet of the survivor and from using common property, such as a residence or vehicle, for up to nine months.

In 2020 authorities began using electronic surveillance bracelets for domestic violence abusers. The use of electronic surveillance is subject to a judicial decision. Police assess the risk of recurrence of violence and, in parallel with issuing the restraining order, are required to submit a report to the court for approval within 24 hours. Both the electronic surveillance period and the validity of a restraining order last for one month and require consent of the survivor.

Local NGOs and the government jointly operated a 24-hour hotline and shelters for abused women and their minor children, although space in the shelters was limited and only five of the country’s 10 regions had facilities.

Other Harmful Traditional Practices: Kidnapping women for marriage occurred in remote areas and in ethnic minority communities but was rare. The Public Defender’s Office reported some cases of kidnapping for forced marriage and early marriage in its 2020 report.

Sexual Harassment: Sexual harassment is illegal under the code of administrative offenses but is not criminalized; it remained a problem in the workplace. By law sexual harassment is considered a form of discrimination and is defined as an unwanted physical, verbal, or nonverbal action of a sexual nature that aims to degrade or results in the degradation of a person or creation of a hostile environment for that person. Based on laws on sexual harassment, the public defender analyzes the case and provides recommendations on the case to authorized persons at the institution where the violation took place. During the year the Ministry of Foreign Affairs, Ministry of Regional Development and Infrastructure, Civil Service Bureau, State Inspector’s Service, and an office in the Ministry of Education, Science, Culture and Sport developed internal regulatory frameworks for responding to workplace sexual harassment incidents, according to UN Women.

Under the code of administrative offenses, sexual harassment victims may file complaints with police. If found guilty, a person can be punished with a token monetary fine; repeated violations result in an increased fine or correctional work for up to one month. Repeated violations in the case of a minor, a pregnant woman, a person unable to resist due to physical or mental helplessness, a person with a disability, or in the presence of a minor with prior knowledge leads to a more substantial fine. Through October the Public Defender’s Office examined four cases of alleged sexual harassment and identified violations in two instances. Others were pending.

The public defender considered especially problematic a selective approach applied by authorities to instances of violence against women and domestic violence involving influential persons as abusers. In such cases authorities often delayed their response, leaving the impression that preference was given to the abuser’s, rather than the victim’s, interests. Victims often had to go public to prompt action by relevant authorities.

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

Authorities regulated the use of surrogacy services. A Ministry of Justice decree regulating civil acts restricts the right to surrogacy to heterosexual couples who have been married or living together for more than one year. Women and LGBTQI+ rights organizations considered the restriction an infringement on the ability of single women and LGBTQI+ persons to have a child.

The UN Fund for Population Activities (UNFPA) reported that women from minority communities, women from rural areas, and poor women faced barriers in accessing information related to their reproductive health and financial barriers limited access to customized contraceptive options for many women.

According to the Public Defender’s Office, limited access to information about contraceptives remained a problem for girls and women of childbearing age. The office stated human sexuality education was not fully integrated into school curriculums. Programs in schools failed to provide information to teenagers on safer sex. The lack of comprehensive education prevented girls from understanding the risks associated with early marriage and protecting themselves from early pregnancy.

The Public Defender’s Office stated in its 2020 annual report that “women’s sexual and reproductive health and rights, full integration of family planning services and contraceptives into primary care, as well as integration of comprehensive education on human sexuality into the formal education system remain challenging.” Women in rural areas, especially remote mountain villages, lacked regular access to family planning services and clinics. Women often had to travel to larger towns for these services, causing additional financial burden.

While women have the ability to access skilled personal medical attention during pregnancy and childbirth, the use of maternal health services decreased during the year due to the COVID-19 pandemic and associated movement restrictions. The Public Defender’s Office reported a lack of the postpartum care needed for the prevention of maternal mortality and for maintaining women’s mental and physical well-being. Maternal health services were somewhat limited for women who did not speak Georgian.

The Agency for Social Care, under the Ministry of Internally Displaced Persons from the Occupied Territories, Labor, Health and Social Affairs, provided medical, psychological, legal, and additional assistance to survivors of sexual violence.

The UNFPA reported that the state funded services for survivors of sexual violence based on a decree that stipulates the state must fund certain services, including, but not limited to, emergency contraceptives and postexposure prophylaxis. Regulations, however, require survivors of sexual assault, who may hesitate to come forward, to notify police to receive these services. Victims of trafficking in persons and domestic violence do not need to cooperate with police to receive services.

Discrimination: The law provides for the same legal status and rights for women and men, including under family, religious, personal status and nationality laws, as well as laws related to labor, property, inheritance, employment, access to credit, and owning or managing business or property.

Civil society organizations continued to report discrimination against women in the workplace. The Public Defender’s Office monitored gender equality complaints, in particular those involving domestic violence and workplace harassment, and stated that gender equality remained a problem. The office considered the small number of government projects, programs, and initiatives designed to empower women to be inadequate to achieve gender equality.

Germany

Section 6. Discrimination and Societal Abuses

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.

The federal government, the states, and NGOs supported numerous projects to prevent and respond to cases of gender-based violence, including providing survivors with greater access to medical care and legal assistance. Approximately 350 women’s shelters operated throughout the country.

The NGO Central Information Agency of Autonomous Women’s Shelters (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 were particularly at risk, since they were required to maintain residence in a single district for three years and many resided in districts in which there were no women’s shelters.

The women’s shelter association Frauenhauskoordinierung e.V. complained that federal vaccination regulations did not prioritize residents and staff of women’s shelters for COVID-19 vaccination, in contrast to homeless shelters, refugee housing, and other group housing settings, threatening the homes’ ability to provide shelter in the event of an outbreak. 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 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. During the year there were no reports FGM/C was performed in the country. A working group under the leadership of the Federal Ministry for Family Affairs, Senior Citizens, Women, and Youth collaborated with other federal government bodies and all 16 states to combat FGM/C.

In July the Federal Ministry for Women and Families published a “protection letter” for girls at risk of FGM/C, warning of the high criminal penalties for FGM/C in the country. The letter was intended to be carried when travelling abroad and shown to relatives or others who tried to subject girls to FGM/C.

Other Harmful Traditional Practices: The law criminalizes “honor killings” as murder and the government enforced the law effectively. During the year there were some reports of such killings in the country; for example, in December, Berlin prosecutors charged two men of Afghan descent with murdering their sister age 34 in July because she had divorced her abusive husband and begun a new relationship. No trial date had been set at year’s end. Although authorities estimated the number of such killings fluctuated between approximately three and 12 during any year, some observers questioned how many of these were “honor killings,” which media tended to attribute to immigrant communities, and how many were other manifestations of domestic violence.

Sexual Harassment: Sexual harassment of women was a recognized problem and prohibited by law. Penalties include fines and prison sentences of up to 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: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

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, including emergency contraception.

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.

Ghana

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape of women but not spousal rape. Sexual assault on a man may be charged as indecent assault. Prison sentences for rape range from five to 25 years, while indecent assault is a misdemeanor subject to a minimum term of imprisonment of six months. Domestic violence is punishable by a fine or a sentence of up to two years imprisonment. Rape and domestic violence remained serious problems. Authorities did not enforce the law effectively.

In July the Koforidua Circuit Court B sentenced a man to a nine-year, five-month term of incarceration for throwing acid on his girlfriend and her mother. The survivors sustained serious injuries that required hospitalization.

In August police in the Central Region arrested 14 men in connection with the alleged shooting and rape of a girl, age 13, who required hospitalization.

The Domestic Violence and Victim Support Unit (DOVVSU) of the Ghana Police Service worked closely with the Department of Social Welfare, the Domestic Violence Secretariat, CHRAJ, the Legal Aid Commission, the Ark Foundation, UNICEF, the UN Population Fund, the national chapter of the International Federation of Women Lawyers, and several other human rights NGOs to address rape and domestic violence.

In 2020 there were two government-run shelters for survivors of domestic violence, the Madina Social Welfare Center and the Center for Abused Children. On June 21, DOVVSU established a third shelter, the national One-Stop Center colocated with the Criminal Investigations Department of the Ghana Police Service. This new facility hosted ancillary agencies of the DOVVSU-Legal Aid office, a shelter for survivors of domestic violence, a social welfare unit, a holding cell for suspects, an interviewing room for minors, and two courts with seconded judges and prosecutors for domestic violence cases.

DOVVSU continued to teach a course on domestic violence case management for police officers assigned to the unit. It had one clinical psychologist to assist domestic violence survivors. DOVVSU tried to reach the public through various social media accounts. DOVVSU also addressed rape through public education efforts on radio and in communities, participation in efforts to prevent child marriage and gender-based violence, expansion of its online data management system to select police divisional headquarters, and data management training.

Pervasive cultural beliefs in gender roles, as well as sociocultural norms and stereotypes, posed additional challenges to combatting domestic violence. For example, media reported in 2020 that the central regional coordinator for DOVVSU stated that “denying your spouse sex amounted to emotional abuse” and suggested that men whose wives denied them sex could report them to the DOVVSU.

Unless specifically called upon by the DOVVSU, police seldom intervened in cases of domestic violence, in part due to a lack of counseling skills and shelter facilities to assist survivors. Few of the cases in which police identified and arrested suspects for rape or domestic abuse reached court or resulted in convictions due to witness unavailability, inadequate training on investigatory techniques, police prosecutor case mismanagement, and, according to the DOVVSU, lack of resources on the part of survivors and their families to pursue cases. Police could refer survivors to government or NGO-operated shelters. In cases deemed less severe, survivors were returned to their homes. Authorities reported officers occasionally had no alternative but to shelter survivors in the officers’ own residences until other arrangements could be made.

Female Genital Mutilation/Cutting (FGM/C): Several laws include provisions prohibiting FGM/C. Although rarely performed on adult women, the practice remained a serious problem for girls younger than age 18 in some regions. According to the Ministry of Gender, Children, and Social Protection, FGM/C was significantly higher in the Upper East Region with a prevalence rate of 27.8 percent, compared with the national rate of 3.8 percent. According to the 2017 to 2018 Multiple Indicator Cluster Survey (MICS), women in rural areas were subjected to FGM/C three times more often than women in urban areas (3.6 percent compared with 1.2 percent). Intervention programs were partially successful in reducing the prevalence of FGM/C, particularly in the northern regions.

Other Harmful Traditional Practices: The constitution prohibits practices that dehumanize or are injurious to the physical and mental well-being of a person. Media reported several killings and attempted killings for ritual purposes. In the Northern, North East, Upper East, and Upper West Regions, families or traditional authorities banished rural women and men suspected of “witchcraft” to “witch camps.” Most of those accused of witchcraft were older women, often widows. Some persons suspected to be witches were killed. According to a local group, there were six witch camps throughout the country, holding approximately 2,000 to 2,500 adult women and 1,000 to 1,200 children. One camp saw its numbers go down significantly due to education, support, and reintegration services provided by the Presbyterian Church. The Ministry of Gender, Children, and Social Protection has the mandate to monitor witch camps but did not do so effectively.

The law criminalizes harmful mourning rites, but such rites continued, and authorities did not prosecute any perpetrators. In the north, especially in the Upper West and Upper East Regions, some widows were required to undergo certain rites to mourn or show devotion for a deceased spouse. The most prevalent widowhood rites included a one-year period of mourning, tying ropes and padlocks around the widow’s waist or neck, forced sitting beside the body of the deceased spouse until burial, solitary confinement, forced starvation, shaving the widow’s head, and smearing clay on the widow’s body. In the Northern and Volta Regions along the border with Togo, wife inheritance, the practice of forcing a widow to marry a male relative of her deceased husband, continued.

On April 8, police arrested two youths from Kasoa for a ritual killing. According to media reports, the youths were following instructions given to them by a “witch doctor” supposedly promoting a syncretic form of Christianity and local beliefs, using body parts of victims to bring wealth to practitioners.

Sexual Harassment: No law specifically prohibits sexual harassment, although authorities prosecuted some sexual harassment cases under assault and other provisions of the criminal code.

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

The government provided access to sexual and reproductive health services for survivors of sexual violence through the National Health Insurance Scheme. This included emergency contraception as part of the clinical management of rape cases.

In 2017 the maternal mortality rate was 308 per 100,000 live births, according to the UN Trends in Maternal Mortality report. A lack of skilled birth attendance, especially in rural areas, was a major contributing factor. According to the UN Population Fund, the contraceptive prevalence rate was 27 percent for women ages 15 to 49.

Discrimination: The constitution and law provide for the same legal status and rights for women as for men under family, labor, property, nationality, and inheritance laws. While the government generally made efforts to enforce the law, predominantly male tribal leaders and chiefs are empowered to regulate land access and usage within their tribal areas. Within these areas women were less likely than men to receive access rights to large plots of fertile land. Widows often faced expulsion from their homes by their deceased husband’s relatives, and they often lacked the awareness or means to defend property rights in court.

Greece

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: Conviction of rape, including spousal rape, and attempted rape is punishable by 10 years’ imprisonment, and up to life imprisonment in cases of gang rape, multiple rapes by the same perpetrator, or if the rape results in death. Charges may be pressed without the need of a survivor complaint. If the survivor does not wish to seek prosecution, the prosecutor may decide to drop charges. The law applies equally to all survivors, regardless of gender.

Penalties for domestic violence range from one to three years’ imprisonment, depending on the severity of the violence. The court may impose longer prison sentences for crimes against pregnant or minor survivors. Authorities generally enforced the law effectively when the crimes were reported; however, some NGOs stated law enforcement authorities did not respond appropriately to survivors reporting domestic violence. As of December 15, police recorded 17 homicides of women by existing or former husbands or male partners. In one case a neighbor claimed to have called police to report violence 19 days before the fatal incident, but police who came to the scene left immediately without intervening.

On January 14, Olympic sailing medalist Sofia Bekatorou revealed that an official in the National Sailing Federation sexually abused her more than 20 years previously, marking the first time a prominent woman made a public revelation and sparking the country’s version of the global “Me Too” movement. Government officials expressed solidarity with Bekatorou, and prominent newspapers and broadcasters reported on the topic, which generally had been taboo in mainstream media. The Supreme Court encouraged prosecutors to prioritize responding to such claims and the government launched the metoogreece.gr website that urged survivors of gender-based violence to follow Bekatorou’s example. In response, other women, primarily from the sports, entertainment, and business arenas, shared similar experiences. Prosecutors launched investigations against alleged perpetrators, some of whom were well-known actors and directors.

Sexual Harassment: Penalties for conviction of sexual harassment are up to three years’ imprisonment and may include longer terms for perpetrators who used positions of authority or the survivor’s need for employment. In November 2020 the NGO ActionAid reported that 85 percent of women were subjected to sexual harassment. The research was 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 the incidents.

During the year parliament passed several laws that addressed sexual harassment. On June 19, parliament adopted into law the International Labor Organization Convention on Violence and Harassment. The law includes provisions that require employers to investigate and report cases of workplace harassment.

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

Some pregnant women and mothers with newborns, particularly those residing in the five reception and identification centers for asylum seekers in the Aegean islands during the COVID-19 pandemic, faced obstacles in accessing proper health care and hygiene products.

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.

Discrimination: The constitution and law provide for the same legal status and rights for women as for men, including under family, religious, personal status, and nationality laws, as well as laws related to labor, property, inheritance, employment, access to credit, and owning or managing businesses or property. The government effectively enforced the laws promoting gender equality, although discrimination occurred, especially in the private sector. With the notarized consent of concerned parties, Muslim minority persons in Thrace may request the use of sharia for family and inheritance matters.

Grenada

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape, domestic violence, and intimate partner violence. It stipulates a sentence of flogging or up to 30 years’ imprisonment for a conviction of any nonconsensual form of sex. Authorities referred charges involving rape or related crimes for prosecution and generally enforced the law.

The law prohibits domestic violence and provides for penalties at the discretion of the presiding judge based on the severity of the offense. The law allows for a maximum penalty of 30 years’ imprisonment, and authorities enforced the law. The Central Statistical Office reported cases of domestic violence against both women and men. Police and judicial authorities usually acted promptly in cases of domestic violence. According to women’s rights monitors, violence against women and minors remained a serious and pervasive problem. The police and other government agents did not incite, perpetrate, or explicitly or implicitly condone gender-based violence.

Sexual Harassment: The law prohibits sexual harassment, but there are no criminal penalties for it. The government noted it was a persistent problem. Some employers took steps to educate employees and reduce harassment, including through termination of employment in some cases. The Gender-based Violence Unit and Social Services within the Ministry of Social Development conducted awareness drives and worked with victims of sexual harassment

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

Contraception was widely available. There were no legal or social barriers to accessing contraception, but some religious beliefs created cultural barriers to contraception usage.

The government provided access to sexual and reproductive health services for survivors of sexual violence, including emergency contraceptives, through Grenada Planned Parenthood. Emergency contraceptives were also available to victims at pharmacies and clinics throughout the county. Counseling and other services were provided through the Ministry of Social Development. The Ministry of Social Development, the Gender-based Violence Unit, Social Services, and the Grenada Planned Parenthood Association assisted victims of sexual and gender-based violence.

Discrimination: Women generally enjoyed the same legal status and rights as men, including under family, religious, personal status, and nationality laws, as well as laws related to labor, property, inheritance, employment, access to credit, and owning or managing businesses or property. The law mandates equal pay for equal work. The law does not provide for civil or criminal penalties for sexual harassment in employment. There was no evidence of formal discrimination in such areas as marriage, divorce, child custody, education, the judicial process, and other institutions, including housing, although the law does not explicitly prohibit discrimination based on gender for access to credit. The government enforced the law effectively.

Guatemala

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape, and sets penalties between five and 50 years in prison. Police had minimal training or capacity to investigate sexual crimes or assist survivors of such crimes, and the government did not enforce the law effectively. Rape and other sexual offenses remained serious problems.

The government took steps to combat femicide and violence against women. The judiciary continued to operate a 24-hour court in Guatemala City to offer services related to violence directed toward women, including sexual assault, exploitation, and trafficking of women and children. The judiciary also operated specialized courts for violence against women throughout the country, but not in every department. The Public Ministry maintained a 24-hour victim service center to provide medical, psychosocial, and legal support to victims, including restraining orders for their immediate protection. The ministry also maintained a national alert system for finding disappeared women. Sexual violence remained widespread despite these advances. The ministry reported that 6,307 women were victims of rape from January to August, compared with 3,684 women in all of 2020.

The law establishes penalties for femicide of 25 to 50 years in prison without the possibility of reducing the sentence; however, femicide remained a significant problem. The NGO Mutual Support Group reported that from January to August, 395 women were killed, compared with 302 in the same period in 2020. According to judicial system data, no one was convicted of femicide as of November, compared with 34 in the same period in 2020. Mutual Support Group pointed to the lack of convictions as partly due to a judicial backlog stemming from COVID-19 closures in 2020 and partly to the judicial branch’s lack of attention to these crimes.

Violence against women, including sexual and domestic violence, remained widespread and serious. The law establishes penalties of five to eight years in prison for physical, economic, and psychological violence committed against women due to their gender. The Public Ministry estimated that reports of domestic violence decreased by more than 75 percent compared with the previous year, noting 410 cases of “intrafamily violence” in the first six months, perhaps due to fewer stay-at-home orders issued compared with 2020. The Public Ministry recorded 44,229 instances of violence against women from January to August, compared with 39,399 in the same period of 2020. The ministry noted that the judicial system convicted 1,118 perpetrators of violence against women from January to August, compared with 424 in the same period of 2020.

The case against Francisco Cuxum Alvarado and seven codefendants remained in the evidence-gathering phase. In January 2020 PNC officers arrested Cuxum Alvarado immediately after his deportation from the United States. The Public Ministry indicted him on charges of crimes against humanity and aggravated sexual assault against 36 Maya Achi women in Rabinal between 1981 and 1985. The Public Ministry indicted seven other defendants, former members of the civil defense patrols, on the same charges in 2018.

Sexual Harassment: Although several laws refer to sexual harassment, no single law, including laws against sexual violence, addresses it directly. Human rights organizations reported sexual harassment was widespread.

Women with disabilities and members of the LGBTQI+ community with disabilities remained at greater risk of being victims of continued sexual violence. Most persons with disabilities, especially women, did not report situations of violence and abuse because the reporting processes are complex and discriminate against them, among other reasons.

Reproductive Rights: Forced sterilization was purportedly common in persons with disabilities but reporting on these abuses was rare. There were no official reports during the year of coerced abortion or involuntary sterilization on the part of government authorities.

Cultural, geographic, and linguistic barriers hampered access to reproductive health care including contraceptives, particularly for indigenous women in rural areas, where contraceptives were also least likely to be available locally. The prevalence of modern contraceptive use remained low among indigenous women compared with all other women, and a lack of culturally sensitive reproductive and maternal health-care service providers deterred some indigenous women from accessing reproductive health care services.

In July the government approved the Policy for the Protection of Life and the Institutionality of the Family, an executive policy that sets forth policy principles, including a definition of family as a nuclear family with one male and one female parent, and a definition of life as starting at conception.

The government provided survivors of sexual violence who sought medical attention some services through the Model for Integrated Attention for Women Victims of Violence (MAINA) and the Model of Integrated Attention for Children and Adolescents (MAIMI) systems, administered by the Ministry of Public Health. The MAINA and MAIMI models provided victims with access to emergency contraceptives and antiviral medicines to prevent sexually transmitted diseases and unwanted pregnancy resulting from rape in addition to some justice services. Some hospitals classified sexual assault as a medical emergency; however, many survivors did not seek medical care due to cultural and geographic barriers. Authorities within the justice system commented that on occasion some hospital clinics did not have the required pills in stock to protect rape victims against sexually transmitted diseases or pregnancy.

According to a report by the Ministry of Health published in 2020, the maternal mortality rate among indigenous communities was 156 per 100,000 live births, compared with the national average of 108 per 100,000 live births.

One-half of all the maternal deaths occurred in four departments in the northwest of the country (Huehuetenango, San Marcos, Quiche, and Alta Verapaz), most of them in rural and dispersed areas with high rates of malnutrition, poverty, and concentrated populations of indigenous persons.

Most maternal deaths were due to preventable causes – hemorrhages (47 percent), hypertension (23 percent), infections (14 percent), and unsafe abortion (8 percent). Factors such as the lack of medical services available in indigenous languages and lack of providers and equipment in remote areas also played a role in these deaths. During the COVID-19 pandemic in 2020, prenatal care decreased by 16 percent.

The NGO The Reproductive and Sexual Health Observatory reported that from January to October, there were 60,464 births to mothers who were adolescents: 58,820 births to mothers between ages 15 and 19 and 1,644 to mothers between ages 10 and 14.

Access to menstrual products and the lack of separate boys’ and girls’ bathrooms in some rural schools continued to negatively affect adolescent girls’ access to education in rural areas of the country.

Discrimination: Although the constitution establishes the principle of gender equality, stating that all individuals are equal and have the same rights and that men and women enjoy the same opportunities and responsibilities, women, and particularly indigenous women, faced discrimination and were less likely to hold management positions. The law establishes equal pay for women and men in government offices by not allowing differences in pay based on “personal identity” but does not prohibit discrimination based on gender or prohibit sexual harassment in the workplace in the private sector. There are laws that restrict women from working in certain sectors, including in jobs deemed morally inappropriate. The law does not prohibit discrimination in access to credit based on gender.

The law provides for equality between men and women in divorce to both provide for care of the children and responsibility to provide financial and housing assistance to the children’s caretakers, who are often the women, both during and after the divorce. The PDH reported that divorce proceedings had improved in the last 20 years with regards to fairness between men and women. Observers, however, reported that men availed themselves of procedural delays involved with complications for women who must register children from previous relationships, thereby creating obstacles to child support for women in those cases.

Guinea

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape and domestic violence, but both occurred frequently, and authorities rarely prosecuted perpetrators. The law does not address spousal rape or the gender of survivors. Rape is punishable by five to 20 years in prison. Survivors often declined to report crimes to police due to custom, fear of stigmatization, reprisal, and a lack of cooperation from investigating police or gendarmes. Studies indicated citizens also were reluctant to report crimes because they feared police would ask the survivor to pay for the investigation.

In domestic violence cases, authorities may file charges under general assault, which carries sentences of two to five years in prison and fines. Violence against a woman that causes an injury is punishable by up to five years in prison and a fine. If the injury causes mutilation, amputation, or other loss of body parts, it is punishable by 20 years of imprisonment; if the victim dies, the crime is punishable by life imprisonment. Assault constitutes grounds for divorce under civil law, but police rarely intervened in domestic disputes, and courts rarely punished perpetrators.

Female Genital Mutilation/Cutting (FGM/C): Although the Transition Charter does not explicitly prohibit FGM/C, it grants individuals the right to their physical integrity. Prior to September 5, the constitution and laws prohibited FGM/C. The country had an extremely high FGM/C prevalence rate. According to a 2018 UNICEF survey, 94.5 percent of women and girls ages 15 to 49 had undergone the procedure, which was practiced throughout the country and among all religious and ethnic groups. The rate of FGM/C for girls between the ages of six and 14 dropped six percentage points since 2015.

The law specifies imprisonment of five to 20 years and a fine if the victim is severely injured or dies; if the victim dies within 40 days of the procedure the penalty is up to life in prison or death. The law provides for imprisonment of three months to two years and fines for perpetrators who do not inflict severe injury or death. These laws were not effectively or regularly enforced. In 2019 the Conde government adopted an action plan to eliminate FGM/C (2019-23) that included integrating FGM/C modules into the curriculum of the Faculty of Medicine at the University of Conakry and updating the curriculum for midwifery and social work students. During the year the Conde administration continued to cooperate with NGOs and youth organizations in their efforts to eradicate FGM/C and educate health workers, government employees, and communities on the dangers of the practice.

On October 25-26, the CNRD appointed Morissanda Kouyate, a lifelong advocate for women’s rights and the eradication of FGM/C, as minister of foreign affairs, international cooperation, African integration, and Guineans abroad.

Sexual Harassment: The law prohibits all forms of workplace harassment, including sexual harassment; however, the Transition Charter does not explicitly mention workplace or sexual harassment. Prior to September 5, the constitution prohibited harassment based on sex, race, ethnicity, political opinions, and other grounds. The Ministry of Labor did not document any case of sexual harassment, despite its frequency. The law penalizes sexual harassment. Sentences range from three months to two years in prison and the payment of a fine, depending on the gravity of the harassment. Authorities rarely enforced the law.

According to the Union of Guinean Workers, women working in the public sector reported professional repercussions, marginalization, and threats by superiors when they did not accept their advances.

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

No law adversely affected access to contraception, but low accessibility and poor quality of family planning services as well as limited contraception choices hindered access. Cultural barriers included a lack of male partner engagement or support for a woman’s decision to use family planning services; lack of decision-making power for women, as women in many cases needed approval from their husbands before using health services, including family planning; and expectations for newlywed couples to have children. Religious beliefs also hindered access. According to the 2018 Demographic and Health Survey, modern contraceptive prevalence rate among women ages 15-49 who were married or in a relationship was 11 percent.

According to the 2018 Demographic and Health Survey, 55 percent of women gave birth with a skilled health-care professional present. Lack of quality health care and sociocultural barriers, such as preferring a female health attendant during pregnancy and childbirth, also affected women’s access to skilled health attendants when no midwives were available.

According to the 2016 UNICEF Multiple Indicator Cluster Survey, the maternal mortality rate was 550 per 100,000 live births. Lack of accessible, quality health services, discrimination, gender inequalities, early marriage, and adolescent pregnancy all contributed to the maternal death rate. (See the Female Genital Mutilation/Cutting (FGM/C) subsection for additional information.) According to the UN Population Fund, the adolescent birth rate was 120 per 1,000 girls ages 15-19 years.

The government provided access to sexual and reproductive health services for survivors of sexual violence. Multisectoral committees at the national, regional, and local levels addressed gender-based violence, including sexual violence. Committee participants included health professionals, police, and administrative authorities. Health professionals provided health care, including sexual and reproductive health services, to survivors of sexual and domestic violence. Emergency contraception was available at International Planned Parenthood Federation-affiliated clinics through purchases made by the UN Population Fund. Emergency contraception was also included in gender-based violence kits.

Guinea-Bissau

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law prohibits rape, including spousal rape, and provides penalties for conviction of two to 12 years in prison; however, the government did not effectively enforce the law. The law permits prosecution of rape only when reported by the victim, which observers noted was rare due to victims’ fear of social stigma and retribution.

Although the law prohibits domestic violence, such abuse was widespread. The government did not undertake specific measures to counter social pressure against reporting domestic violence, rape, incest, and other mistreatment of women.

Cases of domestic violence and child abuse were commonly resolved within the household. Limited access to institutions of justice also contributed to the preference for customary law as a way of solving societal problems. Recourse to the formal justice system was poorly understood, expensive, and seldom used.

In September the National Network to End Gender Based Violence denounced an increase of reported cases of violence against women and children due to the confinement measures of COVID-19.

In September 2020 the Judiciary Police arrested a 37-year-old man in Bafata on suspicion of sexual abuse of children younger than age 12. According to police, the suspect also allegedly impregnated one victim. The suspect was detained and presented to the Public Ministry for investigation.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C, without reference to age of the victims. FGM/C was practiced on girls younger than age five. Conviction for its practice is punishable by a fine and five years in prison. A study by the Guinean Human Rights League, published in 2018, indicated that about 44 percent of local women between 15 and 49 years of age were survivors of FGM/C, of which 29.6 percent were girls younger than 14 years of age.

UNICEF cited a higher figure of 52 percent of girls and women between the ages of 15 and 49 who had undergone FGM/C. Anti-FGM/C nongovernmental organization (NGO) 28 TooMany said that in some parts of the country, the figure was as high as 95 percent. The Joint Program on FGM/C of the UN Population Fund and UNICEF worked with the Ministry of Justice to strengthen the dissemination and application of the law by building the capacities of officials responsible for program implementation. Muslim preachers and scholars called for the eradication of FGM/C.

The president of the National Committee for the Abandonment of Traditional Practices Harmful to Women’s and Children’s Health, Fatumata Djau Balde, said in May that her organization had visited 800 rural villages to encourage the abandonment of FGM/C. She claimed also that the COVID-19 pandemic led to an increase in FGM/C because people were confined to their homes and not working, and women were not able to seek help from authorities outside of the home.

UNICEF reported that FGM/C led to increased rates of maternal morbidity, genital infections, urinary incontinence, increased infertility, and an increased risk of HIV transmission.

Sexual Harassment: No law prohibits sexual harassment, and it was widespread. The government undertook no initiatives to combat the problem.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities. The UN Population Fund reported that 114 health centers offered family planning services but that the availability of birth control services they offered varied from center to center. The 2018-2019 UNICEF Multiple Indicator Cluster Survey reported that 20.2 percent of girls and women between the ages of 15 and 49 used a modern method of contraception. Certain religious groups discouraged use of modern contraception.

The World Heath Statistics 2020 report estimated that skilled health personnel attended 45 percent of births and that 55.7 percent of women of reproductive age had access to modern methods of family planning. The health system’s obstetric care capacity was insufficient, and emergency care was available only in Bissau. The adolescent birth rate was 103 per 1,000 girls between the ages of 15 and 19. There was no information on government assistance to victims of sexual assault.

According to UN estimates, the maternal mortality rate was 667 deaths per 100,000 live births in 2020, and the lifetime risk of maternal death was one in 160. Major factors causing high maternal mortality were poor health infrastructure and service delivery as well as high rates of adolescent pregnancy.

Discrimination: The constitution grants men and women equal rights. Gender discrimination, however, prevailed due to societal norms based on traditional customs and rules of ethnic groups and religious communities that perpetuated inequalities. The land-tenure law recognizes equal rights for men and women to access the land, yet it also recognizes the customary law that favors men as a way of acquiring tenure rights. There were legal restrictions to women’s employment in the same occupations and industries as men.

Guyana

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape, and domestic violence. The law provides stringent penalties for rape, with life imprisonment as the maximum penalty. Successful prosecution of domestic violence cases was infrequent. As of September, police reported that only 38 percent of reports of rape resulted in criminal charges, while rape cases countrywide increased by nearly 50 percent compared with the same period in 2020. In June a pregnant teenage girl told authorities she had been raped by two men who filmed the encounter, and she subsequently miscarried. As of September, only one of the perpetrators was in custody.

Domestic violence and violence against women, including spousal abuse, was widespread. The law prohibits domestic violence and allows victims to seek prompt protection, occupation, or tenancy orders from a magistrate. Penalties for violation of protection orders include fines and 12 months’ imprisonment. The law was not enforced effectively. There were reports of police accepting bribes from perpetrators and of magistrates applying inadequate sentences after conviction. In other instances, police noted that cases were dropped after the victim refused to proceed with charges or support the evidence collection.

Sexual Harassment: The law prohibits sexual harassment in the workplace and provides for monetary penalties and award of damages to victims. The law does not cover harassment in schools. Acts of sexual harassment involving physical assault are prosecuted under relevant criminal statutes. While reports of sexual harassment were common, no cases had been filed as of September.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities. Vulnerable populations were able to provide informed consent to medical treatment affecting reproductive health, including for sterilization.

No government policies adversely affected access to skilled health attendance during pregnancy and childbirth, but geographical circumstances remained the primary barrier to access health care, specifically in the interior regions. The World Health Organization reported the country had a maternal mortality rate of 169 deaths per 100,000 live births. Primary causes for maternal death included poor obstetric performance, malaria, poor nutrition, and infrequent access to prenatal care among some women in remote areas due to inadequate transportation. A 2017 UNICEF study reported anecdotally that maternal mortality rates for the indigenous community, irrespective of location, were higher than for the rest of the population but did not have qualitative data to back up the date.

UNICEF data from 2017 indicated that the rate of adolescent pregnancy within the indigenous community, 148 per thousand, was double the national average of 74 per thousand.

The government provided access to sexual and reproductive health services for survivors of sexual violence. Emergency contraception was available as part of clinical management of rape.

The greatest barrier to accessing emergency health care was geographical; residents of remote interior regions were not able to access nearby medical facilities.

Discrimination: Although women enjoy the same legal status and rights as men, gender-related discrimination was widespread and deeply ingrained. The law prohibits discrimination based on gender, but there was no meaningful enforcement against such discrimination in the workplace. Job vacancy notices routinely specified that the employer sought only male or only female applicants, and women earned approximately 58 percent less than men for equal work.

Haiti

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law prohibits rape of men and women but does not recognize spousal rape as a crime. The penalty for rape is a minimum of 10 years of forced labor. In the case of gang rape, the maximum penalty is lifelong forced labor. The crimes were rarely formally prosecuted and often settled under pressure from community and religious leaders, generally through a monetary settlement calling on the father to pay for prenatal care and birth costs, and more occasionally calling on the father to acknowledge the child as his own; forced marriages were far less prevalent. The law excuses a husband who kills his wife, her partner, or both found engaging in adultery in the husband’s home, but a wife who kills her husband under similar circumstances is subject to prosecution.

The law does not classify domestic violence against adults as a distinct crime. Women’s rights groups and human rights organizations reported domestic violence against women remained commonplace and had increased due to the mass displacements caused by gang violence, COVID-19 restrictions, and the August 14 earthquake. Judges often released suspects arrested for domestic violence and rape.

Victims of rape and other forms of sexual violence faced major obstacles in seeking legal justice, as well as in accessing protective services such as women’s shelters. Civil society organizations reported anecdotally that women were more likely to report cases of sexual and domestic violence since 2014, when the women’s movement achieved major policy victories, including the enactment of the Law on Responsible Fatherhood. Nonetheless, the same organizations reported that many victims still did not report such cases for reasons that included social pressure, fear, and a lack of logistical and financial resources. Due to familial responsibilities, victims were usually unable to dedicate the time necessary to follow through with legal proceedings. According to some civil society organizations, many local nonprofit organizations that provided shelter, medical services, psychological services, and legal assistance to victims had to reduce services due to a lack of funding. There were reports that in rural areas, criminal cases, including cases of sexual violence, were settled outside the justice system. In such cases local leaders often pressured family members to come to financial settlements with the accused to avoid social discord and embarrassment. According to judicial observers, prosecutors often encouraged such settlements.

According to a rapid gender assessment conducted by CARE International, gender-based violence became a far greater problem in areas affected by the August 14 earthquake. Seventy percent of women and men surveyed in affected areas said their fear of sexual violence had increased since the earthquake. Forty-three percent of community leaders and 75 percent of youth said sexual violence had increased since the earthquake, and 70 percent of organizations said women and girls were most at risk of sexual violence.

In Les Cayes Prison, where women have a section visible to men, women reported receiving abusive comments from male inmates and officers. During a 2019 prison mutiny, male inmates raped 10 women and one 15-year-old girl. The investigation conducted by the HNP Inspectorate General recommended the dismissal of a corrections officer, which was never implemented. The case was transferred to the Gonaives prosecutor’s office, where it remained an open investigation.

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

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

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

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

The government has protocols governing the provision of service to survivors of sexual violence. Emergency contraception is part of a mandatory package of services for the clinical management of rape cases, according to government protocols on the handling of rape cases. Emergency contraceptives were available, although health providers noted they were not always distributed equitably. The Ministry of Health was responsible for maintaining these protocols and practices; however, donors and NGO partners provided nearly all such care.

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

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

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

Honduras

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes all forms of rape of women or men, including spousal rape. The government considers rape a crime of public concern, and the state prosecutes rapists even if victims do not press charges. The penalties for rape range from nine to 13 years’ imprisonment. The law was not effectively enforced, and weak public institutional structures contributed to the inadequate enforcement.

The law does not criminalize domestic violence but provides penalties of up to 12 years in prison for violence against a family member, depending on the severity of the assault and aggravating circumstances. If a victim’s physical injuries do not reach the severity required to categorize the violence as a criminal act, the legal penalty for a first offense is a sentence of one to three months of community service. Survivors of domestic violence are entitled to certain protective measures, such as removing the abuser from the home and prohibiting the abuser from visiting the victim’s work or other frequently visited places. Abusers caught in the act may be detained for up to 24 hours as a preventive measure. The law provides a maximum sentence of three years in prison for disobeying a restraining order connected with the crime of violence against a woman.

Civil society groups reported that women often did not report domestic violence or withdrew charges because they feared, or were economically dependent on, the aggressor. In addition women experienced delays in accessing justice due to police who failed to process complaints in a timely manner or judicial system officials who deferred scheduling hearings. Institutions such as the National Women’s Institute attempted to enhance the government’s response to domestic violence by opening three additional women’s centers in the country. These efforts were insufficient due to limited political will, inadequate staffing, limited or no services in rural areas, absence of or inadequate training and awareness of domestic violence among police and other authorities, and a pattern of male-dominant culture and norms.

In cooperation with the UN Development Program (UNDP), the government operated consolidated reporting centers in Tegucigalpa and San Pedro Sula where women could report crimes, seek medical and psychological attention, and receive other services. These reporting centers were in addition to the 298 government-operated women’s offices – one in each municipality – that provided a wide array of services to women, focusing on education, personal finance, health, social and political participation, environmental stewardship, and prevention of gender-based violence.

Sexual Harassment: The law criminalizes sexual harassment, including in employment. Violators face penalties of one to three years in prison and possible suspension of their professional licenses, but the government did not effectively enforce the law.

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

Contraception supplies continued to be limited. The law prohibits the sale, distribution, and use of emergency contraception for any reason, including for survivors of sexual violence. The government provided victims of sexual violence access to other health-care services.

Although 74 percent of births were attended by skilled health care personnel, NGOs reported significant gaps in obstetric care, especially in rural areas. The World Bank reported in 2018 that the adolescent birth rate was 72 births per 1,000 girls ages 15 to 19.

Discrimination: Although the law accords women and men the same legal rights and status, including property rights in divorce cases, many women did not fully enjoy such rights due to barriers in access to justice and lack of information regarding legal protections. Most women in the workforce engaged in lower-status and lower-paying informal occupations, such as domestic service, without the benefit of legal protections. By law women have equal access to educational opportunities.

Hong Kong

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape against women, including spousal rape, but does not explicitly criminalize rape against men. Support organizations for sexual and domestic violence reported an increase in gender-based violence based on the larger volume of calls to their hotlines and requests for mental health-care assistance. Activists expressed concern that rape was underreported, especially within ethnic minority communities.

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

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

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

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

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

The government provides access to sexual and reproductive health services, including emergency contraception, for survivors of sexual violence.

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

Hungary

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: Rape of women or men, 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.

According to press reports citing official statistics, the number of registered cases of domestic violence increased by 60 percent since the outbreak of the COVID-19 pandemic. Women’s rights groups asserted that there was no comprehensive state policy in place to address gender-based violence and that the lack of adequate professional training and adequate protocols to properly handle cases constituted systemic problems. Women’s rights NGOs continued to criticize the law for not placing sufficient emphasis on the accountability of perpetrators.

In May the president granted a partial pardon to a woman who in 2019 started serving a 10-year prison sentence for attempting to kill the father of her child, with whom she lived in an abusive relationship for years. The pardon decreased her sentence to five years.

Sexual Harassment: By law harassment of a sexual nature constitutes a violation of the equal treatment principle but is not a crime. In June independent media outlets reported that a high-ranking member of the defense forces sexually harassed a female subordinate. According to press reports, the woman reported the case, but the internal investigation was terminated. The woman also reported the case to the chief prosecutor’s office, where an investigation continued at year’s end.

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

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 was limited to persons who were older than 40 or already had three biological children.

In 2020 the government took over six 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. In June parliament adopted legislation that only state fertility clinics could provide assisted reproductive services from 2022. Observers believed the law would result in the closure of the remaining three private clinics. LGBTQI+ NGOs characterized access to assisted reproductive technologies as discriminatory against same-sex couples.

The government operated state-funded shelters and a hotline for survivors of crime, including sexual violence against women, but these did not provide specialized assistance and sexual and reproductive health services for survivors.

Discrimination: The law provides for the same legal status and rights for women as for men. There is no mandate for equal pay for equal work, and according to Eurostat data, on average men were paid 8.2 percent more than women in 2019, compared with 17.6 percent in 2010. Women’s rights groups criticized the lack of a comprehensive national strategy and public action plan for the promotion of equality between women and men, covering all important fields and topics of women’s rights, and considering all women irrespective of their family status and position.

Iceland

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: Conviction for rape, including of men, carries a maximum penalty of 16 years in prison. Judges typically imposed sentences of two to three years. The law does not explicitly address spousal rape.

The law criminalizes domestic violence and specifies a maximum penalty of 16 years in prison for violations.

Survivors of domestic violence can request police to remove perpetrators physically from the home for up to four weeks at a time. Police can also impose a 72-hour restraining order to prevent abusers from coming into proximity with the victim, and courts can extend this restraining order for up to a year. The law entitles survivors of sex crimes to a lawyer to advise them of their rights and to help them pursue charges against the alleged assailants. As of August 26, approximately 74 women and 64 children had sought temporary lodging during the year at shelters for women in Reykjavik and Akureyri.

The police procedure for handling domestic violence states that law enforcement should report to the location of the incident. If responding officers are unable to enter the premises and have reasonable suspicion that the life of an individual inside might be threatened, they are allowed to use force to enter. If a child is present, an official from the child protective services must be called to the scene. All parties present are questioned, and the case is entered into the police database. If the situation warrants, the responding officers can arrest the perpetrator and assist the survivor in seeking medical care and offer guidance on legal recourse. The victim can request a temporary restraining order be imposed on the perpetrator. In some cases officers, child protective services, or the family of the victim can request the restraining order. If officers deem the survivor to be in danger following the imposed restraining order, they provide an emergency services call device.

The government helped finance the women’s shelters in Reykjavik and Akureyri, the Counseling and Information Center for Survivors of Sexual Violence, the rape crisis center of the national hospital, and other organizations that assisted victims of domestic or gender-based violence. These organizations offered services free of charge, regardless of the victim’s citizenship. In addition, the government assisted immigrant women in abusive relationships, offering emergency accommodation, counseling, and information on legal rights.

Sexual Harassment: Under the general penal code, sexual harassment is punishable by imprisonment for up to two years. In addition, the law on equal status defines sexual harassment more broadly as any type of unfair or offensive physical, verbal, or symbolic sexual behavior that is unwanted, affects the self-respect of the victim, and continues despite a clear indication that the behavior is undesired. The law requires employers and organization supervisors to make specific arrangements to prevent employees, students, and clients from becoming victims of gender-based or sexual harassment. The law establishes fines for violations, but more severe penalties could be applicable under other laws.

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

The government provides access to sexual and reproductive services for sexual violence survivors, both on-site at hospitals, and via government-funded nongovernmental organizations that provide free counselling and psychiatric services. Emergency contraception was available as part of clinical management of rape.

Discrimination: Women have the same legal status and rights as men according to the constitution and the law. Although the government enforced the law effectively, employment discrimination occurred.

India

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape in most cases, but marital rape is not illegal when the woman is older than 15. According to legal experts, the law does not criminalize rape of adult men. Rape of minors is covered by the gender-neutral Protection of Children from Sexual Offenses Act (POCSO). Official statistics reported rape as one of the country’s fastest-growing crimes, prompted at least in part by the increasing willingness of survivors to report rapes, but observers believed the number of rapes remained vastly underreported.

Law enforcement and legal recourse for rape survivors were inadequate, and the judicial system was unable to address the problem effectively.  Police sometimes worked to reconcile rape survivors and their attackers.  In some cases they encouraged female rape survivors to marry their attackers.

The NGO International Center for Research on Women noted low conviction rates in rape cases was one of the main reasons sexual violence continued unabated and at times unreported. NGOs observed the length of trials, lack of victim support, and inadequate protection of witnesses and survivors remained major concerns and were more pronounced during the COVID-19 pandemic. The government sought to expedite cases involving women by setting up more than a thousand fast-track special courts to handle pending rape cases. In addition, several high courts have also directed state governments to establish more fast-track courts to promptly dispose of pending rape cases.

Civil society organizations provided awareness and survivor-centered, nonstigmatizing, confidential and free care to victims of violence and facilitate referrals to tertiary care, social welfare, and legal services. Some also provided short-term shelter for women and child survivors of rape. These services were intended to encourage women and children to come forward and report cases.

Additionally, the central government implemented interventions to improve the safety and security of women while reporting violence. This includes centers for reporting and accessing health support, women help desks at police stations to facilitate reporting, emergency response support system via a mobile application for reporting emergencies, and training programs for police, prosecutors, medical officers, and the judiciary to respond to victims in compassionate and respectful ways.

Rape continued to be a persistent problem, including gang rape, rape of minors, rape against lower-caste women or women from religious and nonreligious minority communities by upper-caste men, and rape by government officials.

The minimum mandatory punishment for rape is 10 years’ imprisonment. The minimum sentence for the rape of a girl younger than age 16 is between 20 years’ and life imprisonment; the minimum sentence of gang rape of a girl younger than 12 is either life imprisonment or the death penalty. The Investigation Tracking System for Sexual Offenses monitors sexual assault investigations. According to latest government data, 77 cases of rape per day were reported across the country in 2020.

On April 7, a 24-year-old Delhi woman was gang raped by five men in Gurugram, Haryana. The woman was raped repeatedly and left near Farrukhnagar, Haryana. To date, no suspects have been arrested.

On June 11, two minor tribal girls in Assam’s Kokrajhar District were found hanging from a tree after they were raped and killed. Police arrested seven suspects.

On August 1, a nine-year-old Dalit girl was allegedly raped, suffocated to death, and her body cremated in New Delhi. Police arrested and charged four suspects, two of whom admitted to raping her because she was a Dalit.

Women in areas such as in Jammu and Kashmir, northeastern states, Jharkhand, and Chhattisgarh, as well as vulnerable Dalit or tribal women, were often victims of rape or threats of rape. National crime statistics indicated Dalit women were disproportionately victimized. Domestic violence continued to be a problem. The COVID-19 pandemic and lockdown led to increased instances of domestic violence. Women and children were more vulnerable due to loss of livelihood of the perpetrator and the family being forced to remain indoors, where victims were locked in with their abusers with limited means to escape or access to resources.

Local authorities made efforts to address the safety of women. The NCRB’s 2021 Crime in India report revealed that overall crime against women fell by 8 percent from 405,326 cases in 2019 to 371,503 cases in 2020. West Bengal and Odisha reported the highest increase in crimes against women while Uttar Pradesh recorded a 17 percent decline in registered cases. Madhya Pradesh reported the largest number of domestic violence cases while Rajasthan reported the highest number of rapes.

Female Genital Mutilation/Cutting (FGM/C): No national law addresses the practice of FGM/C. According to human rights groups and media reports, between 70 and 90 percent of Dawoodi Bohras, a population of approximately one million persons concentrated in the states of Maharashtra, Gujarat, Rajasthan, and Delhi, practiced FGM/C.

Other Harmful Traditional Practices: The law forbids the acceptance of marriage dowries, but many families continued to offer and accept dowries, and dowry disputes remained a serious problem. NCRB data showed a total of 7,045 dowry-related deaths in 2020 as compared with 7,141 in 2019. The highest number of cases were registered in Uttar Pradesh with 2,302 victims. Most states employed dowry prohibition officers. A 2010 Supreme Court ruling mandates all trial courts to charge defendants in dowry death cases with murder.

Acid attacks against men and women continued to cause death and permanent disfigurement. On April 16, a man from Patiala threw acid on his wife for not giving birth to a son. The woman sustained burns on nearly 58 percent of her body in the acid attack. Police charged the man with attempted murder and voluntarily causing grievous hurt.

On May 21, a woman contracted to have acid thrown on her boyfriend after he rejected her marriage proposal. Police arrested the perpetrator.

So-called honor killings remained a problem, especially in Punjab, Uttar Pradesh, and Haryana; they were usually attributable to the victim marrying against his or her family’s wishes.

In August, Gwalior police in Madhya Pradesh arrested the father and brother of a 22-year-old woman found hanging at her home after a reported “honor killing.” Police also charged the woman’s uncle and two cousins with murder, as the family had opposed her choice to marry outside of her community.

Andhra Pradesh police registered a case of suspicious death as murder in response to a complaint that the parents of an 18-year-old girl allegedly killed and cremated her when she refused to end her relationship with a man of another caste.

The Telangana High Court questioned police statistics that reported only four “honor killings” and three cases of assault on individuals who married outside of their caste in the preceding four years in the state. A social activist filed a petition alleging 36 “honor killings” took place in the state in recent years.

There were reports women and girls in the devadasi system of symbolic marriages to Hindu deities (a form of so-called ritual prostitution) were victims of rape or sexual abuse at the hands of priests and temple patrons, including sex trafficking. This practice was found in Karnataka, Maharashtra, Andhra Pradesh, and Tamil Nadu, and almost always targeted girls from Scheduled Caste and Scheduled Tribe communities. NGOs suggested families exploited some girls from lower castes to mitigate household financial burdens and the prospect of marriage dowries. The practice deprived girls of their education and reproductive rights and subjected them to stigma and discrimination.

Tamil Nadu, Andhra Pradesh, Karnataka, and Maharashtra have legislation that prohibits the devadasi system and provides rehabilitation services to women and girls affected by the practice. Enforcement of these laws remained lax.

In February police rescued a 19-year-old girl from Karnataka after she alerted them to her parents’ plan to force her into the devadasi system. Officials noted the victim’s mother was a former devadasi and insisted her daughter join the practice.

No federal law addresses accusations of witchcraft; however, authorities may use other legal provisions as an alternative for an individual accused of witchcraft. The NCRB reported 88 deaths with witchcraft listed as the motive in 2020. Madhya Pradesh registered 17 cases of murder against those accused of witchcraft. Bihar, Odisha, Chhattisgarh, Rajasthan, Assam, and Jharkhand have laws criminalizing accusing others of witchcraft.

On March 9, a woman’s dismembered body was found buried in Jharkhand. According to police, villagers suspected the woman of practicing witchcraft.

On May 25, a group of villagers in Assam’s Baksa District beat a 50-year-old tribal man to death. Police suspected a case of witch hunting and detained five persons.

Sexual Harassment: Sexual harassment remained a serious problem. Authorities required all state departments and institutions with more than 50 employees to operate committees to prevent and address sexual harassment, often referred to as “eve teasing.” By law sexual harassment includes one or more unwelcome acts or behavior, such as physical contact, a request for sexual favors, making sexually suggestive remarks, or showing pornography.

Reproductive Rights: There were reports of coerced and involuntary sterilization. The government promoted female sterilization as a form of family planning for decades. Some women, especially poor and lower-caste women, reportedly were pressured by their husbands and families to have tubal ligations or hysterectomies. The government provided monetary compensation for the wage loss, transportation costs, drugs and dressing, and follow-up visits to women accepting contraceptive methods, including voluntary sterilization. There were no formal restrictions on access to other forms of family planning; however, despite recent efforts to expand the range of contraceptive choices, voluntary sterilization remained the preferred method due to the costs and limited availability of alternative contraceptive choices.

Policies and guidelines that penalized families with more than two children were not widely enforced but remained in place in various states. Certain states continued to maintain quotas for government jobs and subsidies for adults with no more than two children. For example, Assam linked a two-child norm to accessing state government benefits and running for certain offices.

Many states promoted female sterilization as a family planning method, which resulted in risky, substandard procedures and limited access to nonpermanent methods. The central government does not have the authority to regulate state public health policies. Some women, particularly poor and lower-caste women, were reportedly pressured to have tubal ligations, hysterectomies, or other forms of sterilization.

The government recognized the role of health-care professionals in treating survivors of sexual violence and implemented protocols that meet international standards for such medical care. Government directives instruct health facilities to ensure survivors of all forms of sexual violence receive immediate access to health care services, including emergency contraception, police protection, emergency shelter, forensic services, and referrals for legal aid and other services. Implementation of the guidelines was uneven, however, due to limited resources and social stigma.

In February the Ministry of Health and Family Welfare released the Sample Registration Report for Maternal Mortality Rates between 2016 and 2018, which estimated that the maternal mortality ratio declined to 113 deaths per 100,000 live births in 2016-18, compared with 130 such deaths per 100,000 live births in 2014-16. The report indicated Assam’s maternal mortality rate, at 215 per 100,000 live births, was the highest in the country, while Kerala recorded the lowest maternal mortality ratio at 43 per 100,000 live births.

Care received by women, especially those from marginalized and low-income groups, at public health facilities was often inadequate, contributing to a reluctance to seek treatment. Government initiatives resulted in a significant increase in institutional births, but there were reports that health facilities continued to be overburdened, underequipped, and undersupplied.

Policies penalizing families with more than two children remained in place in seven states, but some authorities did not enforce them. There were reports these policies created pressure on women with more than two children to use contraception, including permanent methods such as sterilization, or even termination of subsequent pregnancies.

To counter sex selection, almost all states introduced “girl child promotion” plans to promote the education and well-being of girls; some plans required a certificate of sterilization for the parents to collect benefits.

Discrimination: The law prohibits discrimination in the workplace and requires equal pay for equal work, but employers reportedly often paid women less than men for the same job, discriminated against women in employment and credit applications, and promoted women less frequently than men. The government did not effectively enforce discrimination laws.

Many tribal land systems, including in Bihar, deny tribal women the right to own land. Other laws or customs relating to the ownership of assets and land accord women little control over land use, retention, or sale.

Gender-biased Sex Selection: The law bans sex determination tests, the use of all technologies for the purpose of selecting a fetus’s gender, and sex-based abortions; however, NGOs claimed the practice of abortion based on sex was widely practiced across the country despite government efforts to enforce the legislation. This resulted in a sex ratio of 889 females per 1,000 males (or 112 males per 100 females) per the 2011 census.

States implement “girl child promotion” programs to counter prenatal sex selection. In 2015 the national government launched the Beti Bachao Beti Padhao program to arrest the decline in the child sex ratio. According to government data, the sex ratio at birth improved from 918 girls per 1,000 boys in 2014-15 (109 boys per 100 girls) to 934 girls per 1,000 boys in 2019-20 (107 boys per 100 girls).

According to media reports, fear of giving birth to a girl child drove some women toward sex-selective abortion or attempts to sell baby girls.

Indonesia

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law prohibits rape, domestic abuse, and other forms of violence against women. The legal definition of rape covers only forced penetration of sexual organs, and filing a case requires a witness or other corroboration. Rape is punishable by four to 14 years in prison and a substantial fine. While the government imprisoned some perpetrators of rape and attempted rape, sentences were often light, and many convicted rapists received the minimum sentence. Marital rape is not a specific criminal offense in law but is covered under “forced sexual intercourse” in national legislation on domestic violence and may be punished with criminal penalties.

The National Commission on Violence against Women reported receiving 2,300 complaints of violence against women in 2020, up from 1,400 in 2019 – the Commission attributed the upswing in part to social and economic impacts of the COVID-19 pandemic, as well as increased willingness of victims to report incidents. On August 24, the commission reported that in the first six months of the year, it received more than 2,500 complaints – the majority of which were domestic violence incidents. Civil society activists underscored that many cases went unreported, as many victims did not report abuse because of fear of social stigma, shame, and lack of support from friends and family.

On June 13, a 16-year-old girl was detained for questioning in West Halmahera Regency, North Maluku Province and taken to the South Jailolo Police Station. While detained the girl was raped by a police officer at the station who threatened her with jail time if she refused to have sex with him. On June 23, North Maluku police reported that the officer had been dishonorably discharged from the police and arrested pending trial for rape.

Civil society organizations operated integrated service centers for women and children in all 34 provinces and approximately 436 districts and provided counseling and support services of varying quality to victims of violence. Larger provincial service centers provided more comprehensive psychosocial services. living in rural areas or districts with no such center had difficulty receiving support services, and some centers were only open for six hours a day, not the required 24 hours. Nationwide, police operated “special crisis rooms” or “women’s desks” where female officers received reports from female and child victims of sexual assault and trafficking and where victims found temporary shelter.

In addition to 32 provincial-level antitrafficking-in-persons task forces, the government has 251 task forces at the local (district or city) level, which were usually chaired by the head of the local integrated service center or of the local social affairs office.

Female Genital Mutilation/Cutting (FGM/C): FGM/C reportedly occurred regularly. There were no recent reliable data on FGM/C. Using 2013 data, UNICEF estimated that 49 percent of girls aged 11 and younger underwent some form of FGM/C, with the majority of girls subjected to the procedure before they were six months old. National law prohibiting this practice has never been tested in court, as no one has ever been charged for performing FGM/C. The Ministry of Women’s Empowerment and Child Protection continued to lead official efforts to prevent FGM/C.

Sexual Harassment: The law prohibiting indecent public acts serves as the basis for criminal complaints stemming from sexual harassment. Violations are punishable by imprisonment of up to two years and eight months and a small fine. Civil society and NGOs reported sexual harassment was a problem countrywide.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities. NGOs reported that social stigma and bullying of female students related to menstruation occurred, and that female students had inadequate access to menstrual education, hygiene products, and hygienic facilities at schools. Such inadequacy prevented female students from appropriately managing menstruation, frequently resulting in absenteeism from school during menstruation. (See the Female Genital Mutilation/Cutting subsection for additional information.)

The law recognizes the basic right of couples and individuals to decide the number, spacing, and timing of their children, but various regulations undercut its effective implementation for women. By law the government must provide information and education on reproductive health that do not conflict with religious or moral norms. NGOs reported that government officials attempted to restrict the provision of reproductive health information related to contraceptives and other services deemed as conflicting with religious or moral norms.

While condoms were widely available, regulations require husbands’ permission for married women to obtain other forms of birth control. Local NGOs reported that unmarried women found it difficult to obtain contraceptives through health-care systems. Media and NGOs reported such women were stigmatized, including by health-care staff who repeatedly asked about marital status and sometimes turned away unmarried women seeking routine procedures such as pap smears.

The UN Population Fund reported that the COVID-19 pandemic disrupted access to family planning and reproductive services. The National Agency for Population and Family Planning reported that approximately 10 percent of its clients dropped out of its programs during the pandemic.

NGOs reported that reproductive health services were not consistently provided to victims of sexual violence. NGOs reported rape victims sometimes experienced difficulties obtaining emergency contraceptives from medical providers.

According to 2017 World Health Organization data, the maternal mortality rate was 177 per 100,000 live births, down from 184 in 2016. The Ministry of Health and NGOs identified several factors contributing to the maternal mortality rate, including lack of training for midwives and traditional birth attendants, continued lack of access to basic and comprehensive emergency obstetric care, and limited availability of essential maternal and neonatal medications. Hospitals and health centers did not always properly manage complicated procedures, and financial barriers and the limited availability of qualified health personnel caused problems for referrals in case of complications. A woman’s economic status, level of education, and age at first marriage also affected maternal mortality.

Discrimination: The law provides the same legal status and rights for women and men in family, labor, property, and nationality law, but it does not grant widows equal inheritance rights. The law states that women’s work outside the home must not conflict with their role in improving family welfare and educating the younger generation. The law designates the man as the head of the household.

Divorce is available to both men and women. Many divorced women received no alimony, since there is no system to enforce such payments. The law requires a divorced woman to wait 40 days before remarrying; a man may remarry immediately.

The National Commission on Violence against Women viewed many local laws and policies as discriminatory. These included “morality laws” and antiprostitution regulations.

In January media widely reported that a Christian female student was forced to wear a hijab in Padang, West Sumatra. In May the Supreme Court invalidated a government ban issued in February on such school regulations, stating that it conflicted with laws regarding the national education system, protection of children, and local government. A March report by Human Rights Watch detailed widespread and intense social pressure for women to wear hijabs in schools and government offices, in addition to requirements in official regulations. Women faced discrimination in the workplace, both in hiring and in gaining fair compensation (see section 7.d.).

Iran

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: Rape is illegal and subject to strict penalties, including death, but it remained a problem. The law considers sex within marriage consensual by definition and, therefore, does not address spousal rape, including in cases of forced marriage. Most rape victims likely did not report the crime because they feared official retaliation or punishment for having been raped, including charges of indecency, immoral behavior, or adultery, which carries the death penalty. Rape victims also feared societal reprisal or ostracism. There were reports that approximately 80 percent of rape cases went unreported.

For a conviction of rape, the law requires four Muslim men or a combination of three men and two women or two men and four women, to have witnessed a rape. A woman or man found making a false accusation of rape is subject to 80 lashes.

The law does not prohibit domestic violence. Authorities considered spousal and intrafamilial abuse a private matter and seldom discussed it publicly.

An April 2020 IRNA article noted a “dramatic increase” in domestic violence-related telephone calls to public social welfare hotlines. The State Welfare Organization sent a public text message the same day highlighting the existence of the hotlines. Calls to the hotlines reportedly doubled after the text message was sent, according to a government official. In a call with an expatriate media outlet, women’s rights activist Shahla Entesari also reported higher rates of domestic violence during pandemic-related lockdowns in the country.

In previous years assailants conducted “acid attacks” in which they threw acid capable of severe disfiguration at women perceived to have violated various “morality” laws or practices. Although the Guardian Council reportedly approved a law increasing sentences for the perpetrators of these attacks, the government instead continued to prosecute individual activists seeking stronger government accountability for the attacks. In October 2020 a court sentenced Aliyeh Motalebzadeh to two years in prison for “conspiracy against state security” for advocating for women who were victims of acid attacks. Motalebzadeh was a member of the “One Million Signatures” campaign to change discriminatory laws against women. Also in October 2020 authorities arrested Negar Masoudi for holding a photograph exhibition featuring victims of acid attacks and for advocating to restrict the sale of acid.

According to Iran International, on August 8, a man in the city of Orumiyeh allegedly used his motor vehicle to run over two women, seriously injuring one of the women, after accusing them of “bad hijab,” interpreted by some as not appropriately following the Islamic dress code.

Female Genital Mutilation/Cutting (FGM/C): The law criminalizes FGM/C and states, “The cutting or removing of the two sides of female genitalia leads to diya equal to half the full amount of diya for the woman’s life.”

Little recent data were available on the practice inside the country, although older data and media reports suggested it was most prevalent in Hormozgan, Kurdistan, Kermanshah, and West Azerbaijan Provinces and was inflicted on girls ages five through eight, primarily in Shafi’i Sunni communities.

Other Harmful Traditional Practices: There were reports of killings motivated by “honor” or other harmful traditional practices during the year. There are no official statistics kept in the country concerning honor killings, but according to academic articles and university thesis estimates cited by the daily newspaper Ebtekar, every year between 375 and 450 such killings occur, in which mostly women are killed by their male relatives – including their husbands, fathers, and brothers – in the name of preserving the family’s “honor.”

The law reduces punitive measures for fathers and other family members who are convicted of murder or physically harming children in domestic violence or “honor killings.” If a man is found guilty of murdering his daughter, the punishment is between three and 10 years in prison rather than the normal death sentence or payment of diyeh for homicide cases, because fathers (but not mothers) are considered legal guardians and are exempt from capital punishment for murdering their children.

In June 2020 Reza Ashrafi reportedly beheaded his 14-year-old daughter, Romina Ashrafi, with a farming sickle because she had “run off” with her 29-year-old Sunni Muslim boyfriend. In June 2020, in response to a national outcry over Ashrafi’s killing, the Guardian Council approved a law making it a crime to abuse emotionally or physically or abandon a child, but it left unchanged the maximum sentence of 10 years for a father convicted of murdering his daughter. Observers noted the Guardian Council had rejected three previous iterations of the bill. In August 2020 a court reportedly convicted and sentenced Ashrafi’s father to nine years in prison, sparking further outrage at the leniency of the sentence. Ashrafi’s mother said she planned to appeal the sentence to seek a stricter penalty, but there were no reported updates to the case.

Sexual Harassment: The law prohibits physical contact between unrelated men and women. There were no reliable data on the extent of sexual harassment, but women’s and human rights observers reported that sexual harassment was the norm in many workplaces. In April multiple women, including model and actress Boshra Dastournezhad, came forward on social media sites such as Clubhouse and Instagram to accuse singer and songwriter Mohsen Namjoo of sexual harassment and sexual assault. They circulated a petition calling on media outlets to ban his presence until the allegations were investigated. According to IranWire, on April 18, Namjoo apparently apologized for the sexual harassment accusations but denied other sexual assault allegations via his YouTube channel. The incident fueled online debate regarding victims’ accounts of sexual harassment and assault.

According to IranWire, on October 12, Tehran police chief Hossein Rahimi announced that bookstore owner Keyvan Emamverdi confessed to raping 300 women after 30 women filed legal complaints against him. Police stated he would be charged with “corruption on earth,” a capital offense. On November 15, Emamverdi’s trial began before a revolutionary court in Tehran, where he reportedly denied all charges.

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

It is illegal for a single woman to access contraception, although most single women had access to contraception, particularly in urban areas. Government health care previously included full free access to contraception and family planning for married couples. In 2012 on the supreme leader’s orders, the government ended the Family and Population Planning Program. On November 16, President Raisi signed into law the “rejuvenation of the population and support of the family” bill, which directs authorities to prioritize population growth. These policies include measures such as outlawing voluntary sterilization and banning the free distribution of contraceptives by the public health-care system. The law also stipulates that content on family planning in university textbooks should be replaced with materials on an “Islamic-Iranian lifestyle,” with a framework drawn up in cooperation with religious seminaries and the Islamic Propaganda Organization. In January according to a report by Iran International, the Ministry of Health banned health centers in nomadic tribal areas from providing contraceptives to women. On November 16, UN human rights experts “urge[d] the Government to immediately repeal [the law] and to take measures to end the criminalization of abortion and to ensure that all women can access all necessary health services, including sexual and reproductive care, in a manner that is safe, affordable, and consistent with their human rights.”

The government did not provide access to sexual and reproductive health services for survivors of sexual violence. Emergency contraception was not available as part of clinical management of rape.

According to human rights organizations, an increase in child marriage – due in part to a government “marriage loan” program providing financial relief to poor families who want to marry off their girls – was likely adversely affecting the quality of health care for such girls and increasing maternal mortality rates. The practice of female genital mutilation, which primarily occurs on girls ages five through eight in Shafi’i Sunni communities, was associated reportedly with increased obstetric problems and may increase maternal mortality rates.

Discrimination: The constitution provides for equal protection for women under the law in conformity with its interpretation of Islam. The government did not enforce the law, and provisions in the law, particularly sections dealing with family and property law, discriminate against women. Judicial harassment, intimidation, detention, and smear campaigns significantly hindered the ability of civil society organizations to fight for and protect women’s rights.

In June 2020 the president issued a decree enacting into law an amendment to the country’s civil code that allows Iranian women married to foreign men to transmit citizenship to their children (see section 2.g, Stateless Persons and section 6, Children). The government does not recognize marriages between Muslim women and non-Muslim men, irrespective of their citizenship. The law states that a virgin woman or girl wishing to wed needs the consent of her father or grandfather or the court’s permission.

The law permits a man to have as many as four wives and an unlimited number of temporary wives (sigheh), based on a Shia custom under which couples may enter a limited-time civil and religious contract that outlines the union’s conditions. The law does not grant women equal rights to multiple husbands.

A woman has the right to divorce if her husband signs a contract granting that right; cannot provide for his family; has violated the terms of their marriage contract; or is a drug addict, insane, or impotent. A husband is not required to cite a reason for divorcing his wife. The law recognizes a divorced woman’s right to part of shared property and to alimony. These laws were not always enforced.

The law provides divorced women preference in custody for children up to age seven, but fathers maintain legal guardianship rights over the child and must agree on many legal aspects of the child’s life (such as issuing travel documents, enrolling in school, or filing a police report). After the child reaches age seven, the father is granted custody unless he is proven unfit to care for the child.

Women sometimes received disproportionate punishment for crimes such as adultery, including death sentences. Islamic law retains provisions that equate a woman’s testimony in a court of law to one-half that of a man’s and value a woman’s life as one-half that of a man’s life. By law the diyeh paid in the death of a woman is one-half the amount paid in the death of a man, except for car accident insurance payments. According to a CHRI report, in 2019 the government declared equality between men and women in the payment of blood money. Per the Supreme Court ruling, the amount paid for the intentional or unintentional physical harm to a woman remains one-half the blood money paid for harm to a man, but the remaining difference would be paid from a publicly funded trust.

Women have access to primary and advanced education. Quotas and other restrictions nonetheless limited women’s admissions to certain fields and degree programs.

The Statistical Center of Iran reported that the overall unemployment rate in the second quarter of the year was 8.8 percent. Unemployment of women in the country was twice as high as it was of men. Overall female participation in the job market was 18.9 percent, according to the Global Gender Gap 2021 report. Women reportedly earned significantly less than men for the same work.

Women continued to face discrimination in home and property ownership, as well as in access to financing. In cases of inheritance, male heirs receive twice the inheritance of their female counterparts. The government enforced gender segregation in many public spaces. Women must ride in a reserved section on public buses and enter some public buildings, universities, and airports through separate entrances.

The law provides that a woman who appears in public without appropriate attire, such as a cloth scarf over the head (hijab) and a long jacket (manteau), or a large full-length cloth covering (chador), may be sentenced to flogging and fined. Absent a clear legal definition of “appropriate attire” or of the related punishment, women (and men) were subjected to the opinions of various disciplinary and security force members, police, and judges.

Authorities continued to arrest women for violating dress requirements, and courts applied harsh sentences. In February an appeals court upheld sentences of 16 to 23 years for Yasaman Aryani, her mother Monireh Arabshahi, and Mojgan Keshavarz for “spreading propaganda against the system” and “inciting corruption and prostitution.” They were arrested after posting a video for International Women’s Day in 2019 during which they walked without headscarves through a Tehran metro train, handing flowers to female passengers. As of September 19, all three women remained in prison.

In May 2020 the lawyer for imprisoned activist Saba Kord Afshari said on Twitter that judicial authorities had reinstated a seven and one-half-year prison sentence for “corruption and prostitution” against his client without explanation. An appeals court had previously dropped that charge against Kord Afshari, who was also found guilty of “gathering and conspiring” and “spreading propaganda” related to videos she posted to social media in which she walked without a hijab and stated her opposition to compulsory dress requirements. Kord Afshari’s cumulative sentence reverted to 15 years with the reinstated portion of the sentence. In February 2020 Kord Afshari’s mother, Raheleh Ahmadi, began serving a two-year sentence for “national security” crimes related to advocacy on behalf of her daughter. Human rights groups reported both mother and daughter were denied requested medical treatment and furlough during the year. Kord Afshari was “exiled” to Ward 6 of Qarchak Prison in Varamin in late January, where reportedly authorities beat her and held her alongside violent criminals. She ended her hunger strike in May. Ahmadi reportedly suffered spinal cord damage in Evin Prison upon hearing of her daughter’s transfer. As of September 19, both women remained in prison.

In a February 2020 letter to Iranian authorities, the world soccer governing body International Federation of Association Football (FIFA) insisted women be allowed to attend all soccer matches in larger numbers than the government previously permitted. In October authorities reversed their earlier announcement that 10,000 vaccinated spectators – including women – could watch Iran play in a FIFA qualifying match and allowed no spectators into the stadium.

As noted by the former UNSR and other organizations, female athletes were traditionally barred from participating in international tournaments, either by the country’s sport agencies or by their husbands. There were, however, cases throughout the year of female athletes being permitted to travel internationally to compete.

Iraq

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape and sexual assault of women, men, and children, but does not specifically mention spousal rape; it permits a sentence not exceeding 15 years, or life imprisonment if the victim dies. The rape provisions of the law do not define, clarify, or otherwise describe “consent,” leaving the term up to judicial interpretation. The law requires authorities to drop a rape case if the perpetrator marries the survivor, with a provision protecting against divorce within the first three years of marriage. The survivor’s family sometimes agreed to this arrangement to avoid the social stigma attached to rape. There were no reliable estimates of the incidence of rape or information on the effectiveness of government enforcement of the law.

During the COVID-19 pandemic, UNAMI reported a significant increase in the reports of rape, domestic violence, spousal abuse, immolation and self-immolation, self-inflicted injuries due to spousal abuse, sexual harassment of minors, and suicide due to increased household tensions because of COVID-19 lockdowns, as well as economic hardship due to the country’s declining economy. In February the Federal Police stated that domestic violence increased by nearly 20 percent because of the pandemic.

In the absence of legislation to combat domestic violence, each relevant central government ministry devised its own way to respond to domestic violence. Although the constitution prohibits “all forms of violence and abuse in the family,” the law does not specifically prohibit domestic violence. Men may discipline their wives and children “within certain limits prescribed by law or by custom” and reduced sentences for violence or killing are applicable if the perpetrator had “honorable motives” or if the perpetrator caught his wife or female relative in the act of adultery. Domestic violence remained a pervasive problem.

Harassment of legal personnel who sought to pursue domestic violence cases under laws criminalizing assault, as well as a lack of trained police and judicial personnel, further hampered efforts to prosecute perpetrators.

The central government and KRG also struggled to address the physical and mental trauma endured by women who lived under ISIS rule. The Yezidi Survivors’ Law, passed by the COR in March, mandates a new Survivors’ Affairs Directorate under the Ministry of Labor and Social Affairs to provide psychosocial support to victims of ISIS, including women and members of minority groups.

The Ministry of Interior maintained 16 family protection units under police authority, located in separate buildings at police stations around the country, designed to resolve domestic disputes and establish safe refuges for victims of sexual or gender-based violence. These units reportedly tended to prioritize family reconciliation over victim protection and lacked the capacity to support survivors. NGOs stated that survivors of domestic violence feared approaching the family protection units because they suspected that police would inform their families of their testimony. Some tribal leaders in the south reportedly banned their members from seeking redress through police family protection units, claiming domestic abuse was a family matter. The family protection units in most locations did not operate shelters.

KRG law criminalizes domestic violence, including physical and psychological abuse, threats of violence, and spousal rape. The KRG implemented the provisions of the law and maintained a special police force to investigate cases of gender-based violence and a family reconciliation committee within the judicial system, but local NGOs reported these programs were not effective at combating gender-based violence.

Throughout the year the KRG General Directorate for Combatting Violence against Women and Families provided workshops and seminars to its law-enforcement officers and awareness campaigns about the impact of domestic violence on individuals and society. There was also a 24/7 hotline that received reports of violence: an average of 11,000 calls annually. Furthermore, the directorate, in coordination with the UN Population Fund, developed a mobile phone app to facilitate access to the hotline, which provided access to live consultations with psychologists and psychiatrists.

Two privately operated shelters and four KRG Ministry of Labor and Social Affairs-operated shelters provided some protection and assistance for female survivors of gender-based violence and human trafficking. Space was limited, and NGOs reported psychological and therapeutic services were poor. NGOs played a key role in providing services, including legal aid, to survivors of domestic violence, who often received no assistance from the government. Instead of using legal remedies, authorities frequently mediated between women and their families so that the women could return to their homes. Other than marrying or returning to their families, which often resulted in further victimization by the family or community, there were few options for women accommodated at shelters.

The Council of Ministers of the Kurdistan Region formed a judicial body after ISIS took control of the Sinjar Region and surrounding areas to investigate and document claims of ISIS crimes including with recorded testimonies of victims, survivors, claimants, and witnesses. Cases filed with the courts through November totaled 4,206, including 1,191 cases that pertained specifically to ISIS crimes committed against women during the period of ISIS’s control over Sinjar district and other areas in the Mosul Province. Similarly, in Duhok Province an additional 2,036 cases of ISIS violence against women were filed with the courts; the cases were elevated to the level of the International Criminal Court.

The KRG also maintained a genocide center in Duhok for treatment, support, and rehabilitation for women who survived ISIS captivity, including investigating and documenting rape crimes; provides health and psychological services within camps; and ran a center through the KRG Directorate of Yezidi Affairs in the Ministry of Religious and Endowment Affairs for the rehabilitation of approximately 163 liberated women.

Female Genital Mutilation/Cutting (FGM/C): NGOs and the KRG reported the practice of FGM/C persisted in the IKR, particularly in rural areas of Erbil, Sulaymaniyah, and Kirkuk Provinces, despite a ban on the practice in IKR law. Rates of FGM/C, however, reportedly continued to decline. NGOs attributed the reduction in FGM/C to the criminalization of the practice and sustained public outreach activities by civil society groups. FGM/C was not common outside the IKR.

Other Harmful Traditional Practices: The law permitted “honor” as a lawful defense in violence against women, and so-called honor killings remained a serious problem throughout the country. A provision of the law limits a sentence for a murder conviction to a maximum of three years in prison if a man is on trial for killing his wife or a female dependent due to suspicion that the victim was committing adultery or engaged in sex outside of marriage. UNAMI reported that several hundred women died each year from honor killings. Some families reportedly arranged honor killings to appear as suicides.

The KRG Ministry of Interior’s Directorate General of Combating Violence against Women confirmed 19 honor killing cases in the IKR as of September.

There were reports that women and girls were sexually exploited through so-called temporary, or pleasure, marriages, under which a man gives the family of the girl or woman dowry money in exchange for permission to “marry” her for a specified period. Young women, widowed or orphaned by ISIS offensives, were especially vulnerable to this type of exploitation. In similar cases NGOs reported some families opted to marry off their underage daughters in exchange for dowry money, believing the marriage was genuine, only to have the girl returned to them months later, sometimes pregnant.

Government officials and international and local NGOs also reported that the traditional practice of nahwa, where a cousin, uncle, or other male relative of any woman may forbid or terminate her marriage to someone outside the family, remained a problem, particularly in southern provinces. Grand Ayatollah Ali Sistani called for an end to nahwas and fasliya (where women are traded to settle tribal disputes), but these traditions continued, especially in areas where tribal influence outweighed that of government institutions.

Sexual Harassment: The law prohibits sexual harassment, including in the workplace. Penalties for sexual harassment include fines of up to only 30 dinars (approximately two cents), imprisonment, or both, not to exceed three months for a first-time offender. The law provides relief from penalties if unmarried participants marry. No information was available regarding the effectiveness of government enforcement, but penalties were very low. In most areas there were few or no government-provided women’s shelters, information, support hotlines, and little or no sensitivity training for police. Refugees and IDPs reported regular sexual harassment, both in camps and cities.

Female political candidates suffered harassment online and on social media, including posting of fake, nude, or salacious photographs and videos meant to harm their campaigns and their reputations – often labeled as “staining their family’s honor.” The Iraqi Women’s Network NGO cited several cases of women candidates being targeted because of their gender during the election campaign. Local human rights NGOs stated that the harassment was particularly targeted against independent women candidates or those from new political parties that lacked recourse or political connections to government security services.

During the year NGOs reported security personnel asked female IDPs for sexual favors in exchange for provision of basic needs. This was especially prevalent among female IDPs previously living under ISIS control. In other cases criminal gangs exploited female IDPs and forced them into commercial sex.

The KRG’s High Council of Women’s Affairs and Directorate General of Combating Violence Against Women (DCVAW) stated there was a spike in online harassment of girls and women. Per the DCVAW, 75 percent of gender-based violence cases resulted from social networking sites.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities. Hospitals provided menstrual health services free to women.

Various methods of contraception were widely available, including in the IKR; however, women in urban areas generally had greater access than those in rural parts of the country. A married woman could not be prescribed or use contraception without the consent of her husband. Unmarried single women were unable to obtain birth control. Divorced or widowed women did not have this same restriction.

Due to general insecurity in the country and attendant economic difficulties, many women received inadequate medical care. The UN Office of the High Commissioner for Human Rights stated that in some provinces the work of reproductive health and pregnancy care units, as well as health-awareness campaigns, had ceased almost entirely because of COVID-19’s impact on the health-care system.

In the IKR the KRG Ministry of Health reported that survivors of sexual violence received treatment from provincial health departments and emergency rooms. Judges, however, rarely considered forensic evidence that was collected. The government stated it provided full services for survivors of sexual violence and rape in all provinces because the law requires that survivors receive full health care and treatment. Emergency contraceptives were available as part of the clinical management of rape through government services and in private clinics, although advocates who worked with survivors reported many barriers to women accessing those contraceptives, as well as significant gaps in service delivery.

Discrimination: Although the constitution provides for equality between men and women, the law does not provide women the same legal status and rights as men. Criminal, family, religious, personal status, labor, and inheritance laws discriminate against women. experienced discrimination in such areas as marriage, divorce, child custody, employment, pay, owning or managing businesses or property, education, the judicial process, and housing.

For example in a court of law, a woman’s testimony is worth half that of a man in some cases and is equal in other cases. The law generally permits women to initiate divorce proceedings against their spouses but does not entitle a divorced woman to alimony other than child support or in some cases two years’ financial maintenance; in other cases the woman must return all or part of her dowry or otherwise pay a sum of money to the husband. Under the law the father is the guardian of the children, but a divorced mother may be granted custody of her children until age 10, extendable by a court up to age 15, at which time the children may choose with which parent they wish to live.

All recognized religious groups have their own personal status courts responsible for handling marriage, divorce, and inheritance matters. Discrimination toward women on personal status matters varied depending on the religious group. The government’s interpretation of sharia is the basis of inheritance law for all citizens except members of recognized religious minority groups. In all communities male heirs must provide financial support to female relatives who inherit less. If they do not, women have the right to sue.

The law provides women and men equal rights in owning or managing land or other property, but cultural and religious norms impeded women’s property rights, especially in rural areas.

Law and custom generally do not respect freedom of movement for women. For example, the law prevents a woman from applying for a passport without the consent of her male guardian or a legal representative (see section 2.d.). could not obtain the Civil Status Identification Document, required for access to public services, food assistance, health care, employment, education, and housing, without the consent of a male relative.

NGOs also reported cases in which courts changed the registration of Yezidi women to Muslim against their will because of their forced marriage to ISIS fighters.

The KRG provided some additional legal protections to women, maintaining a High Council of ’s Affairs and a ’s Rights Monitoring Board to enforce the law and prevent and respond to discrimination, but such protections were applied inconsistently. Other portions of KRG law continue to mirror federal law, and women face discrimination. KRG law allows women to set as a prenuptial condition the right to divorce her husband beyond the limited circumstances allowed by Iraqi law and provides a divorced wife up to five years’ alimony beyond childcare.

Ireland

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape, including spousal rape, and does not make a distinction between men and women. The government enforced the law. Most convicted persons received prison sentences of five to 12 years. The law also criminalizes domestic violence. It authorizes prosecution of a violent family member and provides victims with “safety orders,” which prohibit the offender from engaging in violent actions or threats, and “barring orders” (restraining orders), which prohibit an offender from entering the family home for up to three years. Anyone found guilty of violating a barring or an interim protection order may receive a fine, a prison sentence of up to 12 months, or both.

Sexual Harassment: The law obliges employers to prevent sexual harassment and prohibits employers from dismissing an employee for making a complaint of sexual harassment. Authorities effectively enforced the law when they received reports of sexual harassment. The penalties can include an order requiring equal treatment in the future, as well as compensation for the victim up to a maximum of two years’ pay or 40,000 euros ($46,000).

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities. There were no reports of vulnerable populations experiencing difficulties accessing medical treatment affecting reproductive health. Capable adults must consent to all medical treatments, including those that arise from vulnerable populations. The government provides access to sexual and reproductive health services, including the provision of contraception and abortion, for survivors of sexual violence. The Cervical Check Tribunal was set up in 2018 to adjudicate claims linked to misinterpretation of cervical cancer screenings. The Cervical Check Tribunal Act was signed into law in July and extended the closing date for eligible claims to be made to the Cervical Check Tribunal until January 26, 2022.

Discrimination: The law provides that women and men have the same legal status and rights. The government enforced the law effectively, although inequalities in pay and promotions persisted in both the public and private sectors. Travellers (a traditionally itinerant minority ethnic group), Roma, and migrant women have low levels of participation in political and public life.

Israel, West Bank and Gaza

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: Rape, including spousal rape, is a felony for which conviction is punishable by 16 years’ imprisonment. Conviction of rape under aggravated circumstances or rape committed against a relative is punishable by 20 years’ imprisonment. Killing a spouse following abuse is chargeable as murder under aggravated circumstances, with a sentence, if convicted, of life imprisonment. Authorities generally enforced the law.

In 2020 the number of requests for assistance involving rape to the Association for Rape Crisis Centers was 9 percent higher than in 2019. Authorities opened 1,362 investigations of suspected rape in 2020, compared with 1,399 in 2019. In January, five men were indicted for a gang rape and sodomy of a 17-year-old minor in Ashkelon during a two-week period, including allegedly giving the survivor hard drugs daily. One of the five was the survivor’s partner, and he allegedly encouraged the others to commit these acts and documented it.

On January 20, the president of the Supreme Court published a procedure intended to facilitate the process of testifying for survivors of sexual assault. The procedure includes escorting the survivor in the court, reducing waiting time in the court, mandating the presence of both male and female judges, and limiting interaction between the survivor and the perpetrator to a minimum.

During the year, 22 women and girls were killed by their male partners or by other family members. According to Israel Women’s Network, more than 200,000 women lived in situations of domestic violence. The Ministry of Welfare and Social Affairs’ hotline received 7,977 calls regarding domestic violence cases between January and October, an increase of 10 percent from 2020. In June a woman was arrested and held in detention for four days after refusing to testify in court against her former husband, who allegedly abused and threatened her. Following her arrest, the woman testified while her legs were chained together and stated her complaint was false. She was released after her appearance in court. A representative of the Public Defender’s Office stated that more proportionate measures could have been used by authorities to ensure the woman’s testimony before the court.

According to Ministry of Welfare and Social Affairs data, the number of reports of domestic violence tripled in the first two months of the year compared with the average in 2019 and were slightly higher than the 2020 average. A state comptroller’s report from June 30 highlighted insufficient funding, low investment in early identification, long waiting times for treatment, and early administrative release of violent men without rehabilitation as matters of concern in the country’s struggle against domestic violence. The Ministry of Welfare and Social Affairs operated 16 shelters for survivors of domestic abuse, including two for the Arab community, two mixed Jewish-Arab shelters, two for the ultra-Orthodox community, and eight for non-ultra-Orthodox-Jewish communities. The ministry also operated a hotline to report domestic abuse, including a text-message-based hotline. The Ministry of Justice Legal Aid Department represented women seeking restraining and safety orders and defended them in domestic violence cases.

Sexual Harassment: Sexual harassment is illegal. Penalties for sexual harassment depend on the severity of the act and whether the harassment involved blackmail. The law provides that victims may follow the progress on their cases through a computerized system and information call center. In 2020 the prosecution filed 47 indictments for sexual harassment, which represented 15 percent of the total number of cases referred to it for potential prosecution during the year, a similar percentage to 2019 statistics. According to a Civil Service Commission report, in 2020 there were 230 sexual harassment complaints submitted to its Department of Discipline, compared with 214 complaints in 2019. During 2020 the commission submitted 20 lawsuits to its disciplinary tribunal, compared with 15 in 2019.

On March 11, the Haifa District Court convicted actor Moshe Ivgy of four counts of indecent acts and sexual harassment. On July 12, the actor was sentenced to 11 months’ imprisonment, subsequent probation, and compensation for two of the victims.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities. According to NGOs, Arab/Palestinian women citizens of Israel, particularly from the Bedouin population, women asylum seekers, and Palestinian women from East Jerusalem, had limited access to health-care services. Traditional practices in Orthodox Jewish communities often led women to seek approval from a rabbi to use contraception.

The country has maintained a pro-birth policy regarding reproductive care, subsidizing fertility treatments until age 45 but for the most part not subsidizing contraceptives, except for women under age 20 and women in the IDF.

Discrimination: The law provides generally for the same legal status and rights for women as for men, including under family, religious, personal status, and national laws, as well as laws related to labor, property, inheritance, employment, access to credit, and owning or managing business property. The government generally enforced the law effectively, but a wage gap between women and men persisted (see section 7.d.). Women and men are treated differently in Jewish, Christian, Muslim, and Druze religious courts responsible for the adjudication of family law, including marriage and divorce.

The law allows a Jewish woman or man to initiate divorce proceedings, but both the husband and wife must give consent to make the divorce final. Sometimes a husband makes divorce contingent on his wife conceding to demands, such as those relating to property ownership or child custody. Jewish women in this situation could not remarry, and any children born to them from another man would be deemed illegitimate by the rabbinate without a writ of divorce. Rabbinical courts sometimes punished a husband who refused to grant his wife a divorce while also stating the courts lacked the authority under Jewish religious law to grant the divorce without a husband’s consent.

A Muslim man may divorce his wife without her consent and without petitioning the court. A Muslim woman may petition for and receive a divorce through the sharia courts without her husband’s consent under certain conditions. A marriage contract may provide for other circumstances in which she may obtain a divorce without his consent. Through ecclesiastical courts, Christians may seek official separations or divorces, depending on their denomination. Druze divorces are performed by an oral declaration of the husband or the wife and then registered through the Druze religious courts.

In some ultra-Orthodox neighborhoods, private organizations posted “modesty signs” demanding women obscure themselves from public view to avoid distracting devout men. The Beit Shemesh municipality received several extensions from the Supreme Court, which ordered the municipality to remove such signs in 2018. On July 1, the Supreme Court ordered the attorney general to develop a national enforcement policy within 90 days that would allow the implementation of the court’s verdict, due to the failure at the local level to remove such “modesty signs.” The court ruled that 30 days after the policy was in place, fines would be imposed on the municipality for lack of enforcement.

Publicly displayed photographs of women were regularly defaced in cities with large ultra-Orthodox populations. According to media reports, due to failed enforcement against vandalism, some companies preferred to self-censor and not show women in their ads. In a December 2020 Knesset hearing, police stated they had opened 21 investigations following the vandalizing of women’s photographs in public spaces between 2018 and 2020; police closed 19 of these investigations without filing charges and transferred one to prosecutors.

Women’s rights organizations reported a continuing trend of gender segregation and women’s exclusion, including in public spaces and events, in the IDF, and in academia. In academia, segregation based on gender in classes originally meant to accommodate the ultra-Orthodox population expanded to entrances, labs, libraries, and hallways of academic spaces, based on the Council of Higher Education inspections revealed through a Freedom of Information Act request. On July 12, the Supreme Court permitted a gender-segregated bachelor’s degree track for the purpose of increasing ultra-Orthodox integration in higher education but prohibited segregation in public spaces on campuses and called for the immediate cancelation of the policy prohibiting women lecturers from teaching men-only classes. Incidents of segregation were also reported in government and local authorities’ events and courses. For example, in April the Jerusalem Municipality published an ad for a gender-segregated event for children up to the age of nine. Following a letter by the Israel Women’s Network asserting this type of separation is illegal, the municipality opened the event to the public without segregation between the sexes.

Italy

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law penalizes convicted perpetrators of rape of either gender, including spousal rape, with six to 12 years in prison. The law criminalizes the physical abuse of women (including by family members) and provides for the prosecution of perpetrators of violence against women and assistance in shielding 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, while 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 survivors.

Between August 2020 and July, 62 women were killed by domestic partners or former partners. In the same period, authorities reported 11,832 cases of stalking. On June 22, for example, police arrested a man accused of having abused his wife for more than 30 years in Catanzaro. The woman had been repeatedly stabbed, beaten, and raped.

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 January and March, the hotline received 7,974 calls, a 39 percent increase from the same period in 2020. In 72 percent of those cases of violence, the mistreatment occurred at home where, in 48 percent of the cases, children were present.

Sexual Harassment: By law gender-based emotional abuse is a crime. Minor cases of verbal sexual harassment in public are punishable by up to six months’ incarceration and a fine. The government effectively enforced the law. Police investigated reports of harassment.

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

Independent observers and NGOs reported that government health authorities did not provide sufficient resources to adequately supply the public with reproductive health services and counseling.

The government provided access to sexual and reproductive health services for survivors of sexual violence. Emergency contraception was available as part of clinical management of rape. NGOs reported that in some cases government personnel were not sufficiently trained to identify victims and refer them to the requisite sources of assistance.

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).

Jamaica

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The rape of a woman is legally defined only as forced penile penetration of the vagina by a man; it is illegal and carries a penalty of 15 years’ to life imprisonment. Anal penetration of a woman or man is not legally defined as rape and may be punished by a maximum of 10 years in prison. This strict definition created wide discrepancies between cases that otherwise had similar elements of rape. The government enforced the law with respect to the vaginal rape of a woman but was less effective in cases involving male victims.

Married women do not have the same rights and protections as single women. The law criminalizes spousal rape only when one of the following criteria is met: the act occurs after legal separation or court proceedings to dissolve the marriage; the husband is under a court order not to molest or cohabit with his wife; or the husband knows he has a sexually transmitted disease. By law marriage always implies sexual consent between husband and wife.

Advocacy groups contended that rape was significantly underreported because victims had little faith in the judicial system and were unwilling to endure lengthy criminal proceedings. Based on estimates from the Statistical Institute of Jamaica and the UN Entity for Gender Equality and the Empowerment of Women, more than 23 percent of women ages 15 to 49 experienced sexual violence in their lifetime.

The government operated a Victim Support Unit (VSU) to provide direct support to all crime victims, including crisis intervention, counselling, and legal advocacy. The VSU managed 13 independent parish offices throughout the country, each with its own hotline and staff of trained providers. While observers stated that the VSU had well-qualified and trained staff, it lacked sufficient resources to effectively meet the needs of all crime victims. The VSU coordinated with a network of NGOs capable of providing services such as resiliency counseling and operating shelters, although overall NGO capacity was limited. Few government services sensitive to the impact of trauma on their constituents were available.

The Child Protection and Family Services Agency provided similar services for children, although the staffs of both the VSU and the child protection agency were too few and insufficiently trained to provide comprehensive care to the populations they served. There were insufficient shelters in the capital area for women and children, and even fewer were available outside the capital area, or for males. Police and first responders had limited training regarding services available to crime victims.

Sexual Harassment: The government approved the long-debated Sexual Harassment Act in November. This new law creates a legal definition of sexual harassment in private workplaces and public institutions. The law provides legal recourse for victims, including a Sexual Harassment Tribunal, which can receive complaints up to six years after an act of sexual harassment and is empowered to impose fines. According to the Caribbean Policy Research Institute, a regional think tank, one in four women reported being sexually harassed during their lifetime.

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

Access to contraception and skilled health attendance during pregnancy and childbirth were available, although limited in impoverished or rural communities. Social and religious pressure against contraception created significant barriers to access for women.

Women had access to emergency health care, including for the management of consequences arising from abortions. The standard of care varied widely, however, especially in rural communities. The government provided access to sexual and reproductive health services for sexual violence survivors.

Discrimination: Although the law provides the same legal status and rights for women as for men, including equal pay for equal work, the government did not enforce the law effectively, and women encountered discrimination in the workplace. Women often earned less than men while performing the same work. Women were restricted from working in some factory jobs. Domestic workers were particularly vulnerable to workplace discrimination and sexual harassment.

Japan

Section 6. Discrimination and Societal Abuses

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

Women

Rape and Domestic Violence: The law criminalizes various forms of rape, regardless of the gender of a survivor and defines the crime as vaginal, anal, or oral penile penetration by force or through intimidation. Only men can be charged with rape, and the law does not recognize anything other than the use of male genitalia as rape. Forcible penetration with any other body part or object is considered forcible indecency, not rape. The age of consent is 13, which made prosecution for child rape difficult. The law also criminalizes custodial rape of a minor younger than age 18. The law does not deny the possibility of spousal rape, but no court has ever ruled on such a case, except in situations of marital breakdown (i.e., formal or informal separation, etc.). The law mandates a minimum sentence of five years’ imprisonment for rape convictions. Prosecutors must prove that violence or intimidation was involved or that the survivor was incapable of resistance. The penalty for forcible indecency is imprisonment for not less than six months or more than 10 years. Domestic violence is also a crime and survivors may seek restraining orders against their abusers. Convicted assault perpetrators face up to two years’ imprisonment or a modest fine. Convicted offenders who caused bodily injury faced up to 15 years’ imprisonment or a modest fine. Protective order violators faced up to one year’s imprisonment or a moderate fine. The National Police Agency received 82,643 reports of domestic violence in 2020, a record high after consecutive annual increases since 2003.

In October the Cabinet Office’s Gender Equality Bureau reported a decrease in domestic violence inquiries compared with the same period in 2020. From April to September, it reported receiving 90,843 inquiries compared with 96,132 inquiries in the same period in 2020. The Ministry of Health, Labor and Welfare allowed survivors fleeing domestic or sexual violence to receive public services from their municipality of actual residence rather than from that of their residence of record.

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

In March a 43-year-old female company board official was arrested on suspicion of indecent behavior with a 17-year-old boy. Police said the woman and the survivor met on social media.

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

Sexual Harassment: The law requires employers to make efforts to prevent sexual harassment in the workplace; however, such sexual harassment persisted (see section 7.d.).

Sexual harassment also persisted in society. Men groping women and girls on trains continued to be a problem. The NGO Japan National Assembly of Disabled People’s International reported continued sexual harassment and stalking of women in wheelchairs or with visual impairment on trains and at stations, calling on some railway companies to stop announcing that persons with physical disabilities were boarding trains; such announcements sometimes also included the car or station involved. Some railway companies reportedly used such announcements so that train station attendants and train crew could prevent accidents. The assembly noted the announcement, however, helped would-be offenders locate female passengers with physical disabilities. On the request of the NGO, the Ministry of Land, Infrastructure, Transport and Tourism in July issued a request that railway companies consider using alternative communication means. In August the ministry hosted a virtual meeting where representatives of more than 60 railway companies learned from assembly representatives about the harassment and stalking of women with disabilities on trains and at stations. As of the end of August, the assembly reported continued announcements by some railway companies, primarily in the greater Tokyo area.

In August the gender council of a youth group consisting mainly of high school and university students held an online petition campaign “NoMoreChikan,” demanding that the government take more fundamental and serious steps to prevent chikan (groping). At a press conference in late August, the group called on the government to conduct an in-depth survey of chikan, to increase awareness and education in schools including teaching students how to react when they are victimized, and to set up correctional programs for offenders. The group collected more than 27,000 signatures on a petition with its requests sent to the Ministry of Education, political parties, and the Tokyo Metropolitan Assembly in September.

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

The law requires transgender persons to be without reproductive capacity, effectively requiring surgical sterilization for most persons to have their gender identity legally recognized. (See subsection “Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity” below for more information.)

The law requires spousal consent to terminate a pregnancy.

In March the Ministry of Health issued new guidelines to allow survivors of domestic violence to terminate a pregnancy without spousal consent. There were reports that rape survivors were denied abortions without consent of the perpetrator. The Japan Medical Association instructed gynecologists to request documentation like a bill of indictment or a court sentence from sexual assault survivors seeking an abortion.

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

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

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

Calls for the government to allow married couples to choose their own surnames continued. The civil code requires married couples to share a single surname. According to the government, 96 percent of married couples adopt the husband’s family name. On June 23, the Supreme Court ruled that the legal provision requiring married couples to use the same surname is constitutional. The ruling upheld a 2015 decision and recommended the issue be discussed in the Diet.

In February Mori Yoshiro, chairperson of the Tokyo Olympic and Paralympics organizing committees and a former prime minister, was forced to resign after saying that meetings with women take too long because women talk too much.

Three high school students collected more than 7,500 signatures on a petition urging a major convenience store to change the name of its readymade food line from Okaasan Shokudo (Mom’s Diner). They argued there is an inherent gender bias in the name, implying that a wife’s job is to do the cooking and housework, possibly deepening social biases.

According to National Police Agency statistics, 7,026 women committed suicide in 2020, a 15 percent increase from the previous year. In February the prime minister elevated the issue to the cabinet level, assigning it to the minister for regional revitalization. A member of the ruling LDP’s “loneliness and isolation” taskforce attributed the increase to stresses arising from the pandemic, including the increased presence tin the home of spouses and children; record levels of domestic violence; and multiple high-profile celebrity suicides. The government also reported the number of working women who committed suicide rose to 1,698 in 2020 compared with an annual average of 1,323 from 2015 to 2019. The government attributed the more than 28 percent increase to the COVID-19 pandemic, in which women were disproportionally dismissed from their employment. The number of men and nonworking or self-employed women committing suicide declined. In response the bureau continued 24-hour hotline services and consultation services via social network services in Japanese and 10 foreign languages.

Jordan

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law stipulates a sentence of at least 10 years’ imprisonment with hard labor for the rape of any individual age 15 or older. Spousal rape is not illegal. The law makes prosecution mandatory for felony offenses, including rape. Nonfelony offenses, such as certain cases of domestic violence, are first subjected to mediation by the Family Protection Department (FPD) of the PSD. The law provides options for alternative sentencing in domestic violence cases, with consent of the victim. The government did not effectively enforce the law against rape.

Violence against women was prevalent. While the reported number of “honor” crimes decreased, local NGOs reported an increase in domestic violence. As of September a human rights NGO reported that 13 women died from domestic violence.

In January two men were charged with the attempted murder of their sister. The victim, identified only as Ayah, remained hospitalized in a coma for a month. Police reported Ayah had previously been hospitalized in December 2020 after an earlier assault by one of the brothers, who was then referred to the governor but released without charges.

In August the National Council for Family Affairs (NCFA), a civil society organization chaired by the queen, launched guidelines for responding to domestic violence against women and children. Women may file complaints of rape or physical abuse with certain NGOs or directly with judicial authorities. Due to social taboos and degrading treatment at police stations, however, gender-based crimes often went unreported. NGOs also highlighted that there were no official figures on the prevalence of violence against unmarried girls and women age 50 years and over.

In January the Grand Criminal Court sentenced a man to seven and one-half years’ imprisonment with hard labor for sexually assaulting his 16-year-old daughter more than 300 times. Social media activists and women’s rights advocates condemned the sentence as too lenient relative to the scope of the crime and called for legal reform to eliminate the use of mitigating factors by judges when imposing sentences for such crimes.

The FPD investigated more than 4,000 cases during the year, referring 90 cases to government shelters and more than 100 to a nongovernmental shelter. Some NGOs and lawyers reported pressure against taking physical abuse cases to court and asserted that courts routinely dropped two-thirds of assault cases that resulted in little or no physical injury. Spousal abuse is technically grounds for divorce, but husbands sometimes claimed cultural authority to strike their wives. Observers noted while judges generally supported a woman’s claim of abuse in court, due to societal and familial pressure and fear of violence such as “honor” killings, few women sought legal remedies.

In March the PSD announced the merger of the Juvenile Police Department with the FPD to unify efforts aimed at protecting children and families. The PSD, the judiciary, and the Ministries of Justice, Health, and Social Development jointly developed a formal mediation process, including a manual with guidelines. A specialized “settlement” judge must oversee the resolution of each case and confirm consent of both parties, receiving recommendations from mental health providers and social workers, and may order community service, quash criminal charges, and issue protection orders.

NGO representatives reported fewer women at risk of becoming victims of “honor” crimes but more women at risk of domestic violence. According to international human rights organizations operating in the country, gender-based violence, particularly domestic violence, increased during the COVID-19 pandemic. Emotional and physical abuse, often perpetrated by an intimate partner or member of the family, were the most common forms of abuse.

Governors used the crime prevention law to detain women administratively for their protection. The Ministry of Social Development operated a shelter for women at risk of violence and “honor” crimes. As of October the Amman-based shelter for women at risk of “honor” crimes had served 268 women, including administrative detainees from the Juweideh women’s correctional and rehabilitation center, women referred to the shelter by the FPD, and women directly referred to the shelter by governors. The Ministry of Social Development amended the shelter’s bylaws to allow children younger than age 10 to accompany their mothers, including mothers who had previously been detained under protective custody.

The FPD operated a domestic violence hotline and received inquiries and complaints via email and in person. The Ministry of Social Development maintained a second shelter for female victims of domestic violence in Irbid. NGO reports indicated, prior to and during the COVID-19 pandemic, that all government-run shelters were operating well below capacity.

The NCFA published a three-year national plan to respond to gender-based violence, domestic violence, and child protection. NGOs reported that health-care providers and teachers were still hesitant to report abuse due to the absence of witness protection guarantees. Specialized judges continued expediting domestic violence cases; misdemeanor cases took approximately three days to resolve, according to the FPD. The NCFA assisted the government in developing mediation guidelines.

NGOs reported improvements to domestic violence-related procedures and policies in law enforcement and the judiciary, since revisions recommended by an NCFA committee established in the wake of protests concerning the handling of a 2020 case in which a man allegedly bludgeoned his adult daughter to death with a brick. In March the Grand Felonies Court convicted a man who had gouged out his wife’s eyes in 2019, a case known as the Jerash crime, of premeditated murder and sentenced him to 30 years’ imprisonment with hard labor.

Other Harmful Traditional Practices: Civil society organizations stated that many “honor” crimes went unreported, especially in nonurban areas.

In June a man beat his 21-year-old daughter, identified as Rania, to death with an electric cable. NGOs suspected it was an “honor” killing case. The grand felonies prosecutor charged the father with torturing and murdering his daughter. The father remained in detention, and the case was still in process as of mid-November. The killing provoked popular anger and calls on social media for justice for Rania and other women killed by their families.

There were no reported instances of forced marriage as an alternative to a potential “honor” killing during the year. NGOs noted that a few cases of forced marriage occurred shortly after an accusation of rape, due to family and societal pressure before any formal trial began. Observers noted that, according to customary belief, if a woman marries her rapist, her family members do not need to kill her to “preserve the family’s honor,” despite a law ending the practice of absolving rapists who married their victims. Nevertheless, NGOs noted that this law helped reduce such instances and encouraged more women to report rape, especially since the establishment of the shelter.

Governors referred potential victims of “honor” crimes to the Ministry of Social Development shelter instead of involuntary protective custody in a detention facility. During the year governors directly referred 10 women to the shelter. Most cases were referred by the FPD and NGOs.

The law authorizes DNA tests and other scientific means to identify paternity of a newborn associated with “rape, deception, and deceit.”

Sexual Harassment: The law strictly prohibits sexual harassment and does not distinguish between sexual assault and sexual harassment. Both carry a minimum prison sentence of four years’ hard labor. The law also sets penalties for indecent touching and verbal harassment but does not define protections against sexual harassment. The government did not effectively enforce the law; sexual harassment of women and girls in public was widely reported. NGOs reported refugees from Syria and foreign workers, particularly garment workers and domestic workers, were especially vulnerable to gender-based violence, including sexual harassment and sexual assault, in the workplace.

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

The law permits couples the basic right to decide the number, spacing, and timing of their children. Contraceptives were widely accessible and provided free of charge in public clinics. Hormonal and emergency contraceptives and medical abortion drugs were not included on the government’s over-the-counter list, according to UK-based scientific journal Bio Med Central (BMC). According to estimates in the UN Population Fund’s State of World Population 2020, 21 percent of women ages 15-49 years used a modern method of contraception. BMC reported that sexual and reproductive services were underutilized by youth.

Advocates raised concerns regarding barriers to services for unmarried women and access problems for women and girls with disabilities, including consent for hysterectomies. Human rights groups raised concerns regarding the treatment of single women who give birth at hospitals, including hospital staff’s reporting them to authorities.

There were no reports of coerced abortion or involuntary sterilization on the part of government authorities. There were no governmental policies limiting family size.

The government provided access to sexual and reproductive health services, including rape kits and forensic examinations, for survivors of sexual violence, but emergency contraception was generally not available, limiting clinical management of rape. According to an NGO, health professionals did not consistently use trauma-informed practices when interacting with victims, and the quality of care varied throughout the country.

Another NGO reported unmarried victims of rape who became pregnant faced difficulties gaining access to safe delivery and establishing legal status for their children.

Adolescent girls and unmarried women who became pregnant were routinely transferred to government-funded shelters where they could receive educational services, although the quality varied. Social norms prevented underaged girls who became pregnant from attending school.

Discrimination: The constitution affords equal rights to men and women. Nonetheless, observers continued to emphasize the relevant passage’s ambiguity, and the women’s subcommittee of the Royal Committee for the Modernization of the Political System recommended clarifying definitions of equality in the constitution in a report published in October.

In February the PSD launched its first gender-mainstreaming strategy for the years 2021 to 2024. Prior to the launch, female officers mainly served in traffic police and family protection capacities. This strategy opened all PSD positions to female officers, including positions in the Criminal Investigative and Anti-Narcotics Departments, and aimed to recruit young women and retain officers after marriage by instituting family friendly policies. The PSD established a gender office in February to implement the strategy and train PSD leaders on its tenets. The Jordan Armed Forces also launched its own strategy in September to increase women’s participation, including recruitment, retention, and advancement in leadership positions. Observing this strategy, the armed forces began to accept more female pilots into the air academy and deployed more women in UN peacekeeping missions.

The law does not necessarily provide for the same legal status, rights, and inheritance provisions for women as for men. Women experienced discrimination in several areas, including divorce, child custody, citizenship, the workplace, and, in certain circumstances, the value of their testimony in a sharia court handling civil law matters. The Jordanian National Commission for Women, a quasi-governmental organization, operated a hotline to receive discrimination complaints.

NGOs reported a disproportionate number of individuals charged with nonrepayment of debt were women unable to repay loans they had taken out on behalf of their male family members. In March a defense order suspended prison sentences penalizing the nonrepayment of debt through December 31, and an estimated 8,000 to 12,000 individuals were released from debt imprisonment. This order echoed a Judicial Council decision in April 2020 postponing the jailing of debtors with unpaid debts less than JD 100,000 ($141,000).

The Ministry of Labor designated an office for handling discrimination claims in the workplace for both men and women. Local NGOs advocated for better representation of women in leadership positions in both the public and private sectors. In March the International Labor Organization (ILO) reported Jordanian women held 62 percent of leadership positions in the education sector but just 2.7 percent of leadership positions in the overall economy. Additionally, World Bank research found the pay gap between Jordanian men and women was 40 percent in the private sector and 28 percent in the public sector. Some NGOs criticized the absence of provisions on maternity leave, childcare, and access to equal health insurance for female workers.

Under the Personal Status Law that applies sharia rulings, daughters inherit half the amount that sons receive, with some exceptions. A sole female heir receives only half of her parents’ estate, with the balance going to uncles, whereas a sole male heir inherits all of his parents’ property. Women may seek divorce without the consent of their husbands in limited circumstances, such as abandonment, spousal abuse, or in return for waiving financial rights. The law allows retention of financial rights under specific circumstances, such as spousal abuse. Special religious courts for recognized Christian denominations under the Council of Churches adjudicate marriage and divorce for Christians, but for inheritance, sharia applies to all persons, irrespective of religion.

Since the start of the pandemic, by order of the sharia court, alimony for women was paid electronically or through the Jordan Post Office. Due to suspension of work and salaries in some cases, the court resorted to the Alimony Credit Fund to pay women and children’s alimony.

The government provided men with more generous social security benefits than women. Family members who inherited the pension payments of deceased civil servants received differing amounts according to the heir’s gender. Laws and regulations governing health insurance for civil servants permit women to extend their health insurance coverage to dependents or spouses.

The law allows a non-Muslim mother to retain custody of her Muslim children beyond the age of seven (the previous limit).

Kazakhstan

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes sexual abuse and rape, and imposes penalties up to eight years of imprisonment, or life imprisonment if the crime was committed against a minor. There were reports of police and judicial reluctance to act on reports of rape, particularly in spousal rape cases. According to human rights defenders, fewer than 1 percent of rape complaints made it to court.

On February 9, a court in Almaty sentenced both a former prosecutor and a former manager of a local bank to eight years of imprisonment for committing a rape in 2019. Police initially refused to record the complaint when the victim first reported the crime but later officially registered the case due to her lawyer’s persistence. Police resistance, procrastination, attempts to hush up the complainant, and other hurdles delayed the investigation. The victim faced pressure and intimidation from the assailants’ relatives who tried to force her to withdraw the complaint.

On August 10, a court in Almaty convicted former KNB captain Sabyrzhan Narynbayev for attempted rape and sentenced him to eight years of imprisonment. In September 2020 Narynbayev gave a ride to Aiya Umurzakova and on the way to her village