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Guatemala

Section 6. Discrimination and Societal Abuses

Children

Birth Registration: Children derive citizenship by birth within the country or from their parents. UNICEF described low birth registration as a “serious problem,” and UNHCR reported problems in registering births were especially acute in indigenous communities due to inadequate government registration and documentation systems. Lack of registration restricted children’s access to some public services and created conditions that could lead to statelessness.

Education: While primary education is free and compulsory through age 15, access was limited in many rural areas; education through the secondary level is not obligatory. International observers noted boys were prioritized for high school education in rural communities due to the need to travel long distances and girls’ perceived value in the home. UNICEF noted improvements in school feeding programs that increased access to nutrition for underserved communities and celebrated the government’s October reforms to the school nutrition program that increased expenditures on elementary and pre-elementary school feeding programs by 50 percent per student.

Child Abuse: Child abuse remained a serious problem. A unit under the Office of the Special Prosecutor for Crimes against Children and Adolescents handled child abuse cases. The Public Ministry opened an integrated 24-hour care model providing medical, psychosocial, and legal support to children and adolescent victims of violence. The ministry reported 2,250 reports of abuse of minors of all types, approximately 1,700 fewer than in 2020. The ministry reported 48 convictions for child abuse from January through August, compared with 14 during the same period in 2020.

Child, Early, and Forced Marriage: The legal age for marriage is 18. The National Registry of Persons reported no attempts to register new underage marriages. Registry officials, however, reported they registered nine underage marriages unreported from previous years, all of which were entered before the 2017 prohibition of underage marriage took effect.

Sexual Exploitation of Children: The law provides sentences ranging from 13 to 24 years in prison, depending on the victim’s age, for engaging in sex with a minor. The minimum age of consensual sex is 18.

The law prohibits child pornography and establishes penalties of six to 10 years in prison for producing, promoting, and selling child pornography and two to four years’ imprisonment for possessing it. The Public Ministry and the PNC conducted several raids against alleged online child pornography networks. The Regional Unit against Trafficking in Persons, responsible for eight departments in the Western Highlands and launched in 2018, expanded the government’s investigative capacity against child pornography offenders. The commercial sexual exploitation of children, including child sex tourism, remained a problem, including in privately run orphanages. The COVID-19 pandemic forced most schools to operate virtually. According to SVET this led to more children spending unsupervised time online, which led to increased online exploitation of children. In July the PNC, acting on information from Interpol, rescued eight children from a child pornography trafficking ring in Zacapa.

Displaced Children: Criminals and gangs often recruited street children, many of them victims of domestic abuse, for purposes of theft, extortion, commercial sexual exploitation, transporting contraband, and conducting illegal drug activities.

Institutionalized Children: More than 800 children and adolescents lived in shelters operated by the Secretariat for Social Welfare (SBS).

Overcrowding was common in both private and SBS shelters, and government funding for orphanages remained limited. The SBS reported there were no infrastructure improvements during the year, but that Hogar Esperanza, a state-run shelter, adjusted staffing to maintain specialized personnel. International human rights organizations reported Hogar Esperanza was housing children in spaces that resembled cages and that there was a clear need for reform to care adequately for children with disabilities. Observers also stated private shelters were often better than SBS shelters.

A criminal court set the date for public arguments in the Hogar Seguro fire case for March 2022. Hogar Seguro is a state-run orphanage under the authority of the SBS. Former SBS secretary Carlos Rodas and former deputy secretary for protection and shelter services Anahi Keller remained in pretrial detention with four others on charges of murder, abuse of authority, breach of duty, and abuse against minors following the deaths of 41 girls in the 2017 fire at the Hogar Seguro orphanage.

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

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