The Oriental Republic of Uruguay is a constitutional republic with a democratically elected president and a bicameral legislature. In November 2019 Luis Lacalle Pou won a five-year presidential term in a free and fair election. No political party won a majority in parliament, but the ruling party formed a coalition to pass legislation. Legislative elections were also held in October 2019.
Under the Ministry of Interior, the National Police maintains internal security, and the National Directorate for Migration is responsible for migration and border enforcement. The armed forces, under the Ministry of National Defense, are responsible for external security and have some domestic responsibilities, including perimeter security for six prisons and border security. Civilian authorities maintained effective control over security forces. Members of the security forces committed some abuses and were brought to justice.
Significant human rights abuses included harsh and potentially life-threatening conditions in some prisons.
The government took steps to investigate and prosecute officials who committed human rights abuses, and there were no reports of impunity. The judiciary continued to investigate human rights violations committed during the 1973-85 military dictatorship, which the law classifies as crimes against humanity.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity
Leaders of civil society organizations reported that despite the legal advancement of lesbian, gay, bisexual, transgender, and intersex (LGBTI) issues, societal discrimination remained high. NGOs also reported that although the law establishes the right of transgender persons to sex reassignment surgery, this was available only for transgender women (male to female). NGOs reported the commission in charge of name changes was overwhelmed with the workload increase resulting from the new law.
Authorities generally protected the rights of LGBTI persons. According to Amnesty International, however, the country did not have any comprehensive, antidiscrimination policy that protected LGBTI citizens from violence in schools and public spaces or provided for their access to health services. The Latin America and Caribbean Transgender Persons Network (REDLACTRANS) presented a study showing that human rights violations against transgender women included discrimination, violence and aggression, theft, violation of the right to access justice, harassment, and homicide, among others. Discrimination toward transgender women was typically worse in the interior of the country, which tended to be more conservative and had smaller populations.
REDLACTRANS reported most transgender persons did not finish high school and that most transgender women worked in the informal sector, where their social benefits were not always guaranteed. They tended to be more vulnerable to dangerous and uncomfortable situations in sexual work and were less likely to report threats or attacks. In 2016 the government reported that 30 percent of transgender persons were unemployed, only 25 percent worked in the formal sector, 70 percent were sex workers, and the majority had low levels of education. Civil society reported it was less frequent for transgender men to be expelled from their home but that there was a high rate of depression and suicide attempts among this population. Observers also noted that, because they did not complete their education, transgender men usually had unskilled and low-paying jobs.
HIV and AIDS Social Stigma
There were isolated reports of societal discrimination against persons with HIV or AIDS.
Section 7. Worker Rights
e. Acceptable Conditions of Work
The law provides for a national minimum wage, and the monthly minimum wage for all workers was above the poverty line. The government effectively enforced wage laws, and penalties were commensurate with those for similar crimes, such as fraud. Formal-sector workers, including domestic and migrant workers and workers in the agricultural sector, are covered by laws on minimum wage and hours of work. These laws do not cover workers in the informal sector, who accounted for 24 percent of the workforce. Workers in the construction and agricultural sectors were more vulnerable to labor rights violations.
The law stipulates that persons cannot work more than eight hours a day, and the standard workweek for those in the industrial and retail sectors may not exceed 44 or 48 hours, with daily breaks of 30 minutes to two and one-half hours. The law requires that workers receive premium pay for work in excess of regular work schedule hours. The law entitles all workers to 20 days of paid vacation after one year of employment and to paid annual holidays, and it prohibits compulsory overtime beyond a maximum 50-hour workweek. Employers in the industrial sector are required to give workers either Sunday off or one day off every six days of work (variable workweek). Workers in the retail sector are entitled to a 36-hour block of free time each week. Workers in the rural sector cannot work more than 48 hours in a period of six days.
The Ministry of Labor is responsible for enforcing the minimum monthly wage for both public- and private-sector employees and for enforcing legislation regulating health and safety conditions. The ministry had 120 labor inspectors throughout the country, which was sufficient to enforce compliance. The number of penalties imposed for labor violations was unavailable.
The government monitors wages and other benefits, such as social security and health insurance, through the Social Security Fund and the Internal Revenue Service. The Ministry of Public Health’s Bureau of Environment and Occupational Work is responsible for developing policies to detect, analyze, prevent, and control risk factors that may affect workers’ health. In general authorities effectively enforced these standards in the formal sector but less so in the informal sector.
The Labor Ministry’s Social Security Fund monitors domestic work and may obtain judicial authorization to conduct home inspections, some unannounced, to investigate potential labor law violations and initiate sanctions if necessary. Conditions for domestic workers include labor rights, social security benefits, wage increases, and insurance benefits. Although 37 percent of domestic workers were employed in the informal sector, it was half the percentage of 10 years ago.
By law workers may not be exposed to situations that endanger their health or safety and may remove themselves from such situations without jeopardy to their employment. Government authorities and unions protected employees who removed themselves from such activities. The Ministry of Agriculture is responsible for carrying out safety and health inspections in the agricultural sector.
The Ministry of Labor sets occupational safety and health (OSH) standards, and the standards were current and appropriate for the main industries in the country. The government effectively enforced OSH laws. Penalties for violations of OSH laws were commensurate with those for crimes, such as negligence.
In some cases workers were not informed of specific hazards or employers did not adequately enforce labor safety measures.