Algeria

Australia

Section 6. Discrimination and Societal Abuses

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.).

It is unlawful to discriminate against a person because of his or her race, color, descent, national origin or ethnic origin, or immigrant status. The law protects individuals from racial discrimination in many areas of public life, including employment, education, getting or using services, renting or buying a house or unit, and accessing public places. The law also makes racial hatred unlawful. The government effectively enforced the law.

Government programs to mitigate factors contributing to racial discrimination included the Closing the Gap framework launched in 2008 and the 2020 National Agreement on Closing the Gap, a revised framework for the Closing the Gap strategy that included 16 new targets. In March the government launched a National Anti-Racism Framework, which seeks to outline a coordinated, shared vision to tackle racism and promote racial equality.

Of 2,307 complaints received by the Human Rights Commission in 2019-20 (the most recent data available), 17 percent related to racial discrimination. The plurality of racial discrimination complaints related to the provision of goods and services (37 percent), with the second largest category being discrimination related to employment (19 percent). Of these racial complaints, 1 percent related to access to places and facilities.

Aboriginal persons and Torres Strait Islanders constitute the country’s indigenous population. Despite federal and state government initiatives, indigenous peoples and communities continued to have high incarceration rates, high unemployment rates, relatively low levels of education, and high incidences of domestic and family violence, substance abuse, and limited access to health services in comparison with other groups. The National Indigenous Australians Agency has responsibility for policy and programs related to indigenous peoples and communities. The prime minister reports annually to parliament regarding government progress on eliminating indigenous inequalities.

In August the prime minister announced Australian dollars AU$379 million ($280 million) for reparations to indigenous individuals whom various bodies – including police, churches, and welfare institutions – forcibly removed from their families when they were children in the Northern Territory, Australian Capital Territory, or Jervis Bay Territory.

Indigenous groups hold special collective native title rights in limited areas of the country, and federal and state laws enable indigenous groups to claim unused government land. Indigenous ownership of land was predominantly in nonurban areas. Indigenous-owned or -controlled land constituted approximately 20 percent of the country’s area (excluding native title lands) and nearly 50 percent of the land in the Northern Territory. The National Native Title Tribunal resolves conflicts over native land title applications through mediation and acts as an arbitrator in cases where the parties cannot reach agreement about proposed mining or other development of land. Native title rights do not extend to mineral or petroleum resources, and in cases where leaseholder rights and native title rights conflict, leaseholder rights prevail but do not extinguish native title rights.

As part of the intervention to address child sexual abuse in Northern Territory indigenous communities (see section 6, Children), the national government directly administered indigenous communities, including some policing powers, education, healthcare, etc., and has several programs that provide funding for indigenous communities.

According to the Bureau of Statistics, while indigenous peoples make up less than 3 percent of the total population, they constitute 29 percent of all prisoners. The imprisonment rate for indigenous adults in 2019 was 12 times that for others. Nearly half of the imprisoned indigenous persons were serving sentences for violent offenses. Figures from parliament note that indigenous youth were significantly overrepresented in the criminal justice system. According to a 2020 report by the Australian Institute of Health and Welfare, just under half of all the juveniles detained were indigenous, and indigenous youths ages 10-17 were 17 times more likely than non‑indigenous youths to be in detention.

The Human Rights Commission has an Aboriginal and Torres Strait Islander social justice commissioner.

The Law Council of Australia; a conglomeration of legal, medical, and social justice organizations called Raise the Age Alliance; and other civil society groups campaigned for all governmental jurisdictions to raise the age of criminal responsibility from 10 to 14. The age of responsibility is set independently by federal, state, and territory governments.

Birth Registration: Children are citizens if at least one parent is a citizen or permanent resident at the time of the child’s birth. Children born in the country to parents who are not citizens or permanent residents acquire citizenship on their 10th birthday, if they lived the majority of their life in the country. Failure to register does not result in denial of public services. In general births were registered promptly.

Child Abuse: State and territorial child protection agencies investigate and initiate prosecutions for child neglect or abuse. All states and territories have laws or guidelines that require members of certain designated professions to report suspected child abuse or neglect. The federal government’s role in the prevention of child abuse includes funding for research, carrying out education campaigns, developing action plans against commercial exploitation of children, and funding community-based parenting programs.

The rate of indigenous children removed from their families for legal or safety reasons was nearly 10 times greater than that for the nonindigenous.

Child, Early, and Forced Marriage: The legal minimum age of marriage is 18 for both boys and girls. Persons aged 16 to 18 may apply to a judge or magistrate for an order authorizing marriage to a person who has attained 18 years; the marriage of the minor also requires parental or guardian consent. Two persons younger than age 18 may not marry each other; reports of marriages involving a person younger than age 18 were rare. Forced marriage is a criminal offense. In 2019 the government expanded the definition of forced marriage explicitly to capture all marriages involving children younger than age 16. The government reported an increase in the number of forced marriage investigations, but the practice remained rare.

Sexual Exploitation of Children: The law provides a maximum penalty of 25 years’ imprisonment for commercial sexual exploitation of children and was effectively enforced.

The law prohibits citizens and residents from engaging in, facilitating, or benefiting from sexual activity with children overseas who are younger than age 16 and provides for a maximum sentence of 17 years’ imprisonment for violations. The government continued its awareness campaign to deter child sex tourism through distribution of pamphlets to citizens and residents traveling overseas.

The legal age for consensual sex ranges from ages 16 to 18 by state. Penalties for statutory rape vary across jurisdictions. Defenses include reasonable grounds for believing the alleged victim was older than the legal age of consent and situations in which the two persons are close in age.

All states and territories criminalize the possession, production, and distribution of child pornography. Maximum penalties for these offenses range from four to 21 years’ imprisonment. Federal laws criminalize using a “carriage service” (for example, the internet) for the purpose of possessing, producing, and supplying child pornography. The maximum penalty for these offenses is a substantial fine and 15 years’ imprisonment. Under federal law, suspected pedophiles can be tried in the country regardless of where the crime was committed, and the maximum penalty for persistent sexual abuse of a child outside the country is 25 years’ imprisonment.

The government largely continued federal emergency intervention measures to combat child sexual abuse in indigenous communities in the Northern Territory, following findings of high levels of child sexual abuse and neglect in a 2007 inquiry. In 73 remote communities, these measures included emergency bans on sales of alcohol and pornography, restrictions on how welfare recipients could receive and spend payments, the linkage of support payments to school attendance, and required medical examinations for all indigenous children younger than age 16 in the Northern Territory. Police received authority to enter homes and vehicles without a warrant to enforce the intervention. Public reaction to the intervention was mixed, with some indigenous activists asserting there was inadequate consultation with affected communities, that the policies lacked evidentiary substantiation, that the intervention aimed to roll back indigenous land rights, and that the measures were racially discriminatory, because nonindigenous persons in the Northern Territory were not initially subject to such restrictions.

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.

According to the 2016 census, the country’s Jewish community numbered 91,000. The Executive Council of Australian Jewry reported the first decrease in anti-Semitic incidents since 2015; however, incidents categorized as “serious” rose significantly. These incidents included direct verbal abuse, threats, harassment, and physical assaults. Media reported that persons in the country posted comments and shared various images online portraying the coronavirus as a Jew and accusing Jews of creating and spreading the virus. In August antisemitic content surfaced online after some members of the Orthodox Jewish community attended an illegal engagement party during a pandemic lockdown. Victoria state premier Daniel Andrews publicly condemned the anti-Semitism.

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

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The disability discrimination commissioner of the Human Rights Commission promotes compliance with federal and state laws that prohibit discrimination against persons with disabilities. The law also provides for commission mediation of discrimination complaints, authorizes fines against violators, and awards damages to victims of discrimination. The government effectively enforced the law.

Children with disabilities generally attended school. The government provided funding for early intervention and treatment services and cooperated with state and territorial governments that ran programs to assist students with disabilities.

Persons with disabilities may access health services, public buildings, and transportation on an equal basis with others.

According to government sources, approximately half of Australians with a disability are employed, compared with approximately 80 percent of all working-age persons.

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

No laws criminalize consensual same-sex sexual conduct between adults. Discrimination based on sexual orientation and gender identity is prohibited by law in a wide range of areas, including employment, housing, family law, taxes, child support, immigration, pensions, care of elderly persons, and social security.

The law provides protections against discrimination based on sexual orientation, gender identity, and sex characteristics.

In February Victoria passed a law prohibiting “practices that seek to change or suppress a person’s sexual orientation or gender identity,” joining other jurisdictions including the Australian Capital Territory and Queensland in outlawing so-called “conversion therapy.”

Transgender adolescents who seek certain treatments including hormone therapy and gender-affirming surgery are required to obtain either parental consent or court authorization. Three states – New South Wales, Queensland, and Western Australia – require surgery or medical treatment as a prerequisite for changing an individual’s gender identity on their birth certificate. Other identity documents issued by federal, state, and territory governments (including passports) do not have this prerequisite. In November, the Australian Medical Association expressed the view that no person, including intersex persons, should be subjected to medical procedures that modify sex characteristics without their informed consent.

Legal protections against discrimination for LGBTQI+ persons generally include exemptions for religious entities. In December Victoria passed a law removing exemptions that previously allowed religious schools to discriminate against employees on the basis of sexual orientation and other attributes. Several Australian states and territories have laws protecting LGBTQI+ persons against hate speech. Several have laws that require courts to consider whether a crime was motivated by hatred towards LGBTQI+ persons when sentencing an offender.

Bahrain

Section 6. Discrimination and Societal Abuses

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.

The law grants citizenship to ethnic Arab applicants who have resided in the country for 15 years and non-Arab applicants who have resided in the country for 25 years. There were numerous reports that authorities did not apply the citizenship law uniformly. NGOs stated the government allowed foreign Sunni employees of the security services who had lived in the country fewer than 15 years to apply for citizenship, while there were reports authorities had not granted citizenship to Arab Shia residents who had resided in the country for more than 15 years and non-Arab foreign residents who had resided for more than 25 years.

Birth Registration: Individuals derive citizenship from their father or by decree from the king. Women do not transmit their nationality to their children, rendering stateless some children of citizen mothers and noncitizen fathers (see section 2.d.).

Authorities do not register births immediately. From birth to the age of three months, the mother’s primary health-care provider holds registration for the children. When a child reaches three months, authorities register the birth with the Ministry of Health’s Birth Registration Unit, which then issues the official birth certificate. Children not registered before reaching their first birthday must obtain a registration by court order. The government does not provide public services to a child without a birth certificate.

Education: Schooling is compulsory for children until age 15 and is provided free of charge to citizens and legal residents through grade 12. Authorities segregated government-run schools by gender, although girls and boys used the same curricula and textbooks. Islamic studies based on Sunni doctrine are mandatory for all Muslim public school students and are optional for non-Muslim students.

Child Abuse: The Family Courts have jurisdiction over child abuse matters.

There were reports police approached children outside schools and threatened or coerced them into becoming police informants.

In February the king issued the Restorative Justice Law for Children and Protection from Mistreatment, which came into effect August 18 (see sections 1.d., Prison and Detention Center Conditions and 1.e., Civil Judicial Procedures and Remedies). The law raised the criminal age of majority from 15 to 18 and established children’s courts, a child protection center, and a special children’s judicial committee to review criminal cases involving juveniles. The law also mandates alternative noncustodial sentences for juvenile offenders.

Child, Early, and Forced Marriage: According to the law, the minimum age of marriage is 16 years for girls and 18 years for boys, but special circumstances allow marriages before reaching these ages with approval from a sharia court.

Sexual Exploitation of Children: The law prohibits exploitation of a child for various crimes, including in commercial sex and child pornography. The Restorative Justice Law for Children and Protection from Mistreatment, which came into effect August 18, imposes harsher penalties on adults who sexually exploit children or incite or coerce children to commit crimes, including increasing the mandatory minimum prison sentence for child pornography crimes to two years.

The age of consent is age 21 and there is no close-in-age exemption.

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.

According to community members, there were between 36 and 40 Jewish citizens (six families) in the country. On August 22, a former ambassador announced the celebration of the first Shabbat minyan (traditional service with a quorum of 10 adult Jewish males) in the country since 1947. Diplomats, members of Jewish communities throughout the Gulf, and local and Emirati Muslims also attended.

In October the Association of Gulf Jewish Communities organized the first Jewish wedding in the country in 52 years. The event, done under the auspices of the Orthodox Union, the world’s largest kosher certification agency, was the first strictly kosher wedding in the kingdom’s history.

In response to Israeli Foreign Minister Lapid’s September 30 visit to inaugurate Israel’s new embassy and sign memoranda of understanding on expanding bilateral cooperation, opposition and pro-Iran factions posted antinormalization statements on social media and organized several small street protests. Protesters burned an Israeli flag, chanted “Death to Israel,” and carried posters of the Palestinian flag.

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

Persons with Disabilities

Persons with disabilities could not access education, health services, public buildings, and transportation on an equal basis with others. The law prohibits discrimination against persons with disabilities. The constitution provides for social security, social insurance, and health care for persons with disabilities. The government administered a committee to oversee the provision of care for persons with disabilities that included representatives from all relevant ministries, NGOs, and the private sector. The committee was responsible for monitoring abuses against persons with disabilities. During the year the government did not prosecute any cases for offenses against persons with disabilities.

Building codes require accessible facilities in all new government and public buildings in the central municipality. The law does not mandate access to private, nonresidential buildings for persons with disabilities.

No information was available on the responsibilities of government agencies to protect the rights of persons with disabilities. According to anecdotal evidence, persons with disabilities routinely lacked access to education, accessible housing, and employment. The sole government school for children with hearing disabilities did not operate past the 10th grade. Some public schools had specialized education programs for children with learning disabilities, physical disabilities, speech disabilities, and intellectual and developmental disabilities, including Down syndrome. The law stipulates equal treatment for persons with disabilities with regard to employment, and abuses of the law are punishable with fines.

Eligible voters may vote either in their regular precincts or in a general polling station. Local precincts, which are mostly in schools, sometimes posed problems to voters with mobility disabilities due to lack of physical accessibility. General polling stations in public spaces such as malls allowed for assistive devices. There was no absentee ballot system.

The Ministry of Labor and Social Development continued to work with the UN Committee on the Rights of Persons with Disabilities, in cooperation with the UN Development Program.

There were no known cases involving societal violence or discrimination against persons based on HIV or AIDS status, but medical experts acknowledged that discrimination existed. The government mandated screening of newly arrived migrant workers for infectious diseases, including HIV and AIDS. In prior years the government deported migrant workers found to be HIV-positive; the status of deportations during the year was unclear.

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

The law does not criminalize same-sex sexual conduct between consenting adults at least age 21, but it allots fines, imprisonment, deportation, or any of them for persons engaging in “immoral behavior,” and this provision has been used against individuals suspected of being LGBTQI+ or cross-dressing.

The law does not extend antidiscrimination protections to LGBTQI+ individuals on the basis of their sexual orientation or gender identity. Discrimination based on sexual orientation or gender identity occurred, including in employment and obtaining legal identity documents. In some cases, however, courts permitted transgender individuals to update identity documents if they had undergone sex reassignment surgery.

Brazil

Section 6. Discrimination and Societal Abuses

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.

The law prohibits racial discrimination, specifically the denial of public or private facilities, employment, or housing to anyone based on race. The law also prohibits the incitement of racial discrimination or prejudice and the dissemination of racially offensive symbols and epithets, and it stipulates prison terms for such acts.

Approximately 57 percent of the population self-identified as belonging to categories other than white. Despite this high representation within the general population, darker-skinned citizens, particularly Afro-Brazilians, encountered discrimination. They experienced a higher rate of unemployment and earned average wages below those of whites in similar positions. There was also a sizeable education gap. Afro-Brazilians were disproportionately affected by crime and violence.

In November 2020 a Black man was beaten to death by security guards outside a Carrefour supermarket in Porto Alegre, Rio Grande do Sul. The two guards, including an off-duty Military Police officer, were arrested for assaulting and killing Joao Alberto Silveira Freitas. The attack was filmed by witnesses and generated outcry nationally, mobilizing a series of protests across the country. Carrefour condemned the act, terminated its contract with the company that hired the guards, and promised to take measures promoting diversity and inclusion, including the creation of an “antiracist plan” to provide training and protocol for employees with an emphasis on welcoming clients, guidance for valuing human rights and diversity, and combating racism. Carrefour also committed to diversifying hiring practices and setting a requirement to hire at least 30,000 Black workers in three years. In June, Carrefour signed an agreement with the prosecutor’s offices, the public defender’s offices, Educafro, and the Santo Dias Human Rights Center and agreed to invest R$115 million ($20.6 million) in human rights organizations in payment for collective moral damages. The funds were to support undergraduate and graduate scholarships for Afrodescendant students; scholarships for language and technology courses; social inclusion and Black entrepreneurship projects; the establishment of a museum at the Valongo Wharf in Rio de Janeiro, the main gateway for enslaved Africans who arrived in the country; and public funding for justice institutions and entities.

In February, Sao Paulo Military Police Lieutenant Colonel Evanilson Correa de Souza suffered racist verbal abuse while speaking at an online international conference organized by the University of Sao Paulo. The police officer, who is Black, was speaking about the program to combat racism within police forces in Sao Paulo when one of the participants started writing insults on the shared screen. The aggressor also used pornographic images to cover the colonel’s presentation.

The law provides for quota-based affirmative action policies in higher education, government employment, and the military. Nevertheless, Afro-Brazilians were underrepresented in the government, professional positions, and middle and upper socioeconomic classes.

Many government offices created internal committees to validate the self-declared ethnicity claims of public-service job applicants by using phenotypic criteria, assessing “Blackness” to reduce abuse of affirmative action policies and related laws. University administrators regularly conducted investigations and expelled students for fraudulently claiming to be Black or brown to claim racial quota spots in universities. Statistics showed university racial-quota policies were beginning to have a positive impact on educational outcomes for Afro-Brazilians. For example, data analysis from the National Household Sample Survey showed that in 2019 Black women (28 percent of the population) made up 27 percent of students in public higher education, an increase of 8 percent since 2001.

According to data from the National Indigenous Foundation (FUNAI) and the 2010 census, there were approximately 896,000 indigenous persons, representing 305 distinct indigenous ethnic groups that spoke 274 distinct languages.

The constitution grants the indigenous population broad protection of their cultural patrimony and use of their territory; however, indigenous lands and all aboveground and underground minerals as well as hydroelectric power potential belong to the government. Approximately 14 percent of the country’s land area is designated as indigenous territory.

Indigenous peoples have the exclusive possession and land use rights in their traditional lands. Requests to exploit mineral and water resources, including ones with energy potential, on indigenous lands must be approved by Congress, in consultation with the indigenous communities. Despite several proposals, Congress had not approved legislation that rules and regulates these activities. The exploitation of natural resources on indigenous territory by nonindigenous persons is illegal.

Beginning in 2019, tension and provocative rhetoric increased between the Bolsonaro administration and many indigenous leaders regarding the extent of indigenous protections and rights. On June 28, in a report presented at the 47th regular session of the UN Human Rights Council, Alice Wairimu Nderitu, special adviser for the prevention of genocide, cited Brazil as a genocide risk.

On August 9, indigenous leaders accused President Bolsonaro of genocide at the International Criminal Court in the Hague in response to the deaths of 1,162 indigenous individuals from 163 communities during the COVID-19 pandemic. The leaders also argued that the dismantling of government institutions charged with social and environmental protection had triggered invasions of indigenous lands, deforestation, and fires in the biomes.

Through a series of decisions by the Ministry of Health and the STF, beginning in January, indigenous persons were prioritized for COVID-19 immunizations. The government initially focused on vaccines for indigenous persons in officially demarcated territories and later expanded preferential access to indigenous persons living in cities or other areas. By June, according to the Ministry of Health, 72 percent of the eligible indigenous population residing in indigenous areas was fully vaccinated, compared with a 39 percent fully vaccinated rate for the overall population as of September 3.

NGOs claimed the lack of regulation and attempts to create new legislation or change existing legislation to promote economic development, along with impunity in cases of illegal land invasions, resulted in the illegal exploitation of natural resources. The NGO Instituto Socioambiental reported more than 20,000 miners were illegally extracting gold from the Yanomami indigenous lands in Roraima State. According to a report during the year released by the indigenous NGO Missionary Council, there were 263 cases of illegal invasions and exploitation of natural resources on 253 indigenous territories in 19 states in 2020. A MapBiomas study released in August showed that the area of illegal mining in indigenous lands and conservation areas expanded 495 percent from 2010 to 2020. In March the Federal Police led an operation to shut down a large illegal mining camp in Yanomami lands in Roraima. Officials compared the illegal camp on Yanomami lands to a small city capable of housing more than 2,000 persons, with markets, restaurants, and a dental office.

Illegal land invasions often resulted in violence and even death. According to reporting by the Pastoral Land Commission, a Catholic NGO that represents rural workers on land rights, there were 1,083 cases of violence related to land disputes in 2020, impacting more than 130,000 families, compared with 1,254 incidents that affected 144,741 families in 2019. There were 178 invasions into territories in 2020, in comparison with only nine in 2019. Most of the victims of these invasions were indigenous persons (54.5 percent), while 11.8 percent of the invasions took place in quilombola communities. Among the conflicts noted in the report, there were 18 killings of indigenous persons (39 percent of the victims), and 12 of 35 victims of attempted homicide were indigenous.

In May the Hutukara Yanomami Association reported a series of attacks against the Palimiu community in Roraima by illegal miners, and media reports indicated that one indigenous person and four miners were shot and wounded. Yanomami leaders reported that two children, ages one and five, drowned during the attack. A federal court ruled on May 13 that the government should keep permanent troops in place to prevent conflict. The Federal Police and the army visited the site, conducted operations to halt mining operations, and seized equipment.

According to the Missionary Council report, there were 182 killings of indigenous persons in 2019 – a 61 percent increase, compared with 113 cases in 2018. In May 2020 the Federal Public Ministry accused two indigenous men, Nilson Carneiro Sousa Guajajara and Eduardo dos Santos Guajajara, of killing indigenous leader and environmental and human rights defender Zezico Rodrigues Guajajara in March in Arame, Maranhao State. The victim was the fifth such killing of an indigenous Guajajara in as many months. Rodrigues worked as director of the Indigenous School Education Center and fought environmental crimes. According to indigenous leaders in the region, he reportedly received death threats and formally complained to FUNAI and the Federal Police.

On February 12, state troopers shot indigenous leader Isaac Tembe in Alto Rio Guama, Para State. According to media reports, Tembe, a leader of the Tenetehara people, was hunting with community members in an area near the Alto Rio Guama when military police officers shot at them. Tembe was killed as the group tried to escape into the woods. According to the Para State Department of Public Security, police were called to investigate cattle theft in the region and, upon arrival at the scene, they heard shots and returned fire in self-defense. According to the local indigenous population, Tembe did not have a gun. The Federal Public Ministry and an internal affairs office from the military police were investigating, but the indigenous group requested the case be federalized due to potential bias by local police and courts.

As of August there were 568 areas of land claimed by indigenous peoples in different stages of the demarcation process: 441 were fully approved and officially recognized and 127 remained under review. Various indigenous groups protested the slow pace of land demarcations. As of October no indigenous lands had been approved under the Bolsonaro administration, aligning with his pledge when he entered office to not increase indigenous land designations.

Throughout the year indigenous groups protested in Brasilia and in state capitals to protect their ancestral lands. In June an estimated 500 to 850 members of indigenous groups protested in Brasilia to demand that Congress cease consideration of a bill that proposes additional requirements and barriers for demarcation of indigenous lands. Protesters broke down security barriers placed to prevent entry into the federal Chamber of Deputies due the pandemic, and chamber security forces responded with tear and pepper gas, while the protesters allegedly shot arrows at the security guards. According to the indigenous groups, security forces also fired rubber bullets, an accusation the chamber denied. Three officers and at least three protesters were wounded and referred to local hospitals. The chamber’s vote on the bill in its Constitution and Justice Committee was postponed until June 23, when it was approved. The bill requires approval in the chamber before moving on to the Senate.

As of November the STF continued to review a case that analyzes the “cutoff date for land claims” thesis, which holds that indigenous peoples can only claim lands on which they were present on October 5, 1988, the day the constitution was promulgated. The decision will set precedent, impacting already completed, ongoing, and future land demarcation processes. On August 22, 6,000 indigenous leaders and supporters camped on Brasilia’s main mall for several days to bring attention to the case and call on the STF to rule against the case. Members of Congress said they would continue with their bill seeking similar timebound requirements irrespective of the STF decision.

The quilombola population – descendants of escaped African slaves – was estimated to include 6,000 communities and five million individuals, although the government had no official statistics. The constitution recognizes quilombola land ownership rights. Nearly 3,000 communities were registered, but fewer than 140 had been granted land titles by the government.

Quilombola representatives and partner organizations reported that members of these communities suffered higher mortality rates due to COVID-19 than the rest of the country’s population. According to a partnership between the NGOs ISA and National Coordination for the Articulation of Quilombola Communities (CONAQ), the case mortality rate due to COVID-19 in quilombola communities as of August 18 was 5.3 percent. In comparison, as of August the Ministry of Health reported case mortality rates due to COVID-19 in the entire country averaging 2.8 percent and in the northern region, where most indigenous peoples lived, 2.5 percent. As of September 3, the Ministry of Health estimated that 36 percent of quilombolas had been fully vaccinated. Although the government provided quilombola individuals with priority status, in some cases local municipalities did not recognize their priority status or local vaccination sites were not certified, according to research by CONAQ.

Quilombola communities faced systemic challenges such as endemic poverty, racism, violence, threats against women, and threats against community leaders, as well as limited access to essential resources and public policies. According to CONAQ, Black populations had a higher rate of diseases that further aggravated the effects of COVID-19, such as diabetes and high blood pressure. The precarious access to water in many territories was a cause for concern, as it also hindered hygiene practices. Civil society leaders also cited concerns about food insecurity in quilombola communities. The communities claimed that health officials did not conduct sufficient contact tracing or testing there, compared with the general population.

Birth Registration: Citizenship is derived from birth in the country or from birth to a Brazilian citizen parent. Parents are required to register their newborns within 15 days of the birth or within three months if they live more than approximately 20 miles from the nearest notary. Nevertheless, many children did not have birth certificates.

Child Abuse: The law prohibits child abuse and negligence, but enforcement was often ineffective, and abuse was widespread. According to data from the National Human Rights Ombudsman, in the first six months of the year, the country registered 47,416 reports of crimes against children and adolescents, compared with 53,525 in the first half of 2020. Of these, 121 were from mistreatment, and 52 were from sexual abuse, such as rape or harassment. The total number of reports in 2020 was 124,839 – a 47 percent increase over 2019 – and experts suspected that pandemic closures resulted in significant underreporting.

Child, Early, and Forced Marriage: The legal minimum age of marriage is 18 (or 16 with parental or legal representative consent). The practice of early marriage was common. A study of child marriage in the northeastern states of Bahia and Maranhao found that pregnancy was the main motivation for child marriage in 15 of 44 cases. According to a 2020 UNICEF report, 26 percent of women between the ages of 20 and 24 were married by age 18.

Sexual Exploitation of Children: Sexual exploitation of children, adolescents, and other vulnerable persons is punishable by four to 10 years in prison. The law defines sexual exploitation as child sex trafficking, sexual activity, production of child pornography, and public or private sex shows. The government enforced the law unevenly. The law sets a minimum age of 14 for consensual sex, with the penalty for statutory rape ranging from eight to 15 years in prison.

The Alagoas state government invested in campaigns to raise public awareness of the increase of sexual abuse of children and adolescents, largely within the same family, during the pandemic. From January to March, 211 cases of child sexual abuse were registered in the state, an increase from 186 during the same period in 2020.

In Maranhao State, the Department of Health Care for Children and Adolescents carried out a campaign with the theme “You report it, we take care of it” to improve assistance for victims of child sexual abuse. The state registered 99 cases of pregnant children younger than age 14 in 2019 and again in 2020.

The country was a destination for child sex tourism. While no specific laws address child sex tourism, it is punishable under other criminal offenses. The country was a destination for child sex tourism. In addition girls from other South American nations were exploited in sex trafficking in the country.

The law criminalizes child pornography. The creation of child pornography carries a prison sentence of up to eight years and a fine. The penalty for possession of child pornography is up to four years in prison and a fine. In June the Ministry of Justice coordinated Brazil’s participation, carried out by state civil police forces, in an international operation to combat crimes of child sexual abuse and exploitation on the internet. The operation carried out 176 search and seizure warrants in 18 states and five countries and resulted in the arrests of 39 individuals in Brazil.

Displaced Children: According to UNICEF, in 2020 refugee support organizations identified more than 1,577 unaccompanied Venezuelan children and adolescents in Pacaraima, Roraima State, and in the first three months of the year the number reached 1,071. According to civil society contacts, some of these minors were at risk of being trafficked or sexually exploited. Local child protection services offices act as legal guardians so unaccompanied adolescents can go to school and obtain identification papers to access the public health system. In some areas, however, they could not accommodate the influx of children. State shelters in Roraima, the state where most migrants entered the country, could house a maximum of 15 adolescent boys and 13 adolescent girls. According to a 2019 Human Rights Watch report, some unaccompanied children ended up living on the streets, where they may be particularly vulnerable to abuse or recruitment by criminal gangs.

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.

According to the Brazilian Israelite Federation, there were approximately 120,000 Jewish citizens in the country, of whom approximately 65,000 lived in the state of Sao Paulo and 34,000 in the state of Rio de Janeiro. By law it is a crime to manufacture, sell, distribute, or broadcast symbols, emblems, ornaments, badges, or advertising that use the swastika for purposes of publicizing Nazism, and it provides for a penalty of two to five years of imprisonment.

In 2020 the number of inquiries opened by the Federal Police to investigate pro-Nazi activity increased, with the highest growth in the states of Sao Paulo and Rio de Janeiro. According to press reports, in 2019 there were 69 investigations opened for the crime and 110 in 2020. In the first five months of 2021, 36 cases were opened. Federal Police data did not include the states of Mato Grosso do Sul, Rondonia, and Tocantins.

A global survey released in June 2020 by the Anti-Defamation League indicated that the percentage of Brazilians who harbored some anti-Jewish sentiment had grown from 19 percent in 2019 to 26 percent in 2020.

In June, after a six-year process, a federal court in Sao Paulo indicted a man for pro-Nazi and pro-Hitler propaganda on a Russian social network. The defendant was already serving community service sentences for two earlier crimes similar in nature.

In March the Jewish community filed a complaint against Roberto Jefferson, leader of the Brazilian Labor Party, for a social media post in which Jefferson claimed Jews sacrificed children. From 2020 to May 2021, neo-Nazi cells grew from 349 to 530, according to anthropologist Adriana Magalhaes Dias at the Sao Paulo State University of Campinas. The groups were most prevalent in the south and southeast regions of the country, with 301 and 193 groups identified, respectively. Cells were also mapped in the Midwest (18) and Northeast (13) regions.

Neo-Nazi groups maintained an active presence online. The Safernet Brasil platform, an NGO that promotes human rights on social networks and monitors radical websites, recorded an increase of complaints about content in support of Nazism on the networks. The year 2020 marked a record for new pages (1,659) of neo-Nazi content and also for the largest number of pages removed from the internet because of illegal pro-Nazi content.

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

Persons with Disabilities

The law prohibits discrimination against persons with physical and mental disabilities, and the federal government generally enforced these provisions. While federal and state laws mandate access to buildings for persons with disabilities, states did not enforce them effectively. The law requires private companies with more than 100 employees to hire 2 to 5 percent of their workforce from persons with disabilities. According to the 2010 census, only 1 percent of those with disabilities were employed.

The Inclusion of Persons with Disabilities Act, a legal framework on the rights of persons with disabilities, seeks to promote greater accessibility through expanded federal oversight of the City Statute (a law intended to foster the safety and well-being of urban citizens, among other objectives). The act also includes harsher criminal penalties for conviction of discrimination based on disability and inclusive health services with provision of services near residences and rural areas.

The National Council for the Rights of Persons with Disabilities and the National Council for the Rights of the Elderly have primary responsibility for promoting the rights of persons with disabilities. The lack of accessible infrastructure and school resources significantly limited the ability of persons with disabilities to participate in the workforce. Data released by the Brazilian Institute of Geography and Statistics in August revealed that individuals with a disability were less likely to complete education at all levels. More than half of individuals with a disability, 67 percent, had no education or incomplete primary education, compared with 31 percent of those with no disability. Similarly, only 16 percent of persons with disabilities completed high school, compared with 37 percent of persons without disabilities. Five percent of the disabled population older than age 18 had a complete higher education, while 17 percent of those without disabilities did.

Civil society organizations acknowledged monitoring and enforcement of disability policies remained weak and criticized a lack of accessibility to public transportation, weak application of employment quotas, and a limited medical-based definition of disability that often excludes learning disabilities.

Discrimination against persons with HIV or AIDS is punishable by up to four years in prison and a fine. Civil society organizations and the press reported discrimination against persons with HIV or AIDS. According to one LGBTQI+ activist, although the government provided affordable HIV treatment through the National Institute of Infectious Diseases, many HIV-positive persons did not access the service because they were unaware of its existence or did not understand the bureaucracy required to participate in the program.

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

Violence against LGBTQI+ individuals was a serious concern. While violence against LGBTQI+ individuals generally had declined yearly since 2017, violence specifically targeting transgender individuals increased. The Federal Public Ministry is responsible for registering reports of crimes committed based on gender or sexual orientation but reportedly was slow to respond. Transgender individuals were particularly at risk of being the victims of crime or committing suicide.

According to a July report by the National Association of Travestis and Transsexuals, based on reports from LGBTQI+ organizations across the country, 80 transgender individuals were killed in the first six months of the year. The largest number of cases occurred in the states of Bahia, Ceara, Minas Gerais, Rio de Janeiro, and Sao Paulo. Victims were mostly Afro-Brazilians younger than age 35. In 2019 and 2020, there were 124 and 175 killings of transgender persons, respectively. According to some civil society leaders, underreporting of crimes was likely because many LGBTQI+ persons were afraid they might experience discrimination or violence while seeking services from law enforcement authorities.

On June 24, a 17-year-old youth killed Roberta Nascimento da Silva, a homeless transgender woman, in Recife – the fourth transgender woman killed in Pernambuco State within one month. The teenager threw alcohol on the woman while she slept on the street and set her on fire. Police apprehended the assailant and charged him with an “infractional act” (because the act was committed by a minor) analogous to attempted aggravated homicide. The teenager was being provisionally held in juvenile detention awaiting sentencing. Authorities did not confirm if the case would be registered as a homophobic or transphobic crime, but Recife Mayor Joao Campos expressed regret at the transgender woman’s death and stated the city would seek to expand services to the LGBTQI+ population with a new shelter to be named in Roberta’s honor.

In July, four men convicted of the murder of Emanuelle Muniz, a transgender woman, were issued prison sentences of up to 35 years for rape, murder, and robbery. The assailants, who remained in prison following their apprehensions in 2017, received substantial prison sentences, ranging from 26 to 35 years.

No specific law prohibits discrimination against LGBTQI+ persons in essential goods and services such as health care. In 2019, however, the STF criminalized discrimination based on sexual orientation and gender identity. Offenders face sentences of one to three years’ imprisonment and a fine, or two to five years’ imprisonment and a fine if the offender disseminates the incident via social media thereby exposing the victim. In October the Regional Federal Court of Rio de Janeiro instructed the armed forces to recognize the social name of transgender military personnel and prohibited compulsory removal of service members for “transsexualism.”

In the Northeast there was an effort to raise civil society awareness against homophobia; to train civil and military police to provide more humanized care to the victims of violence; and to implement reference centers for legal, psychological, and social assistance to the LGBTQI+ community. The Recife Municipal Reference Center offered specialized services with a qualified team of psychologists, social workers, and lawyers for LGBTQI+ individuals.

NGOs cited lack of economic opportunity for LGBTQI+ persons as a concern. According to the NGO Grupo Gay da Bahia, 33 percent of companies avoided hiring LGBTQI+ employees, and 90 percent of transgender women engaged in prostitution because they could find no employment alternative. Transgender women often paid human traffickers for protection and daily housing fees. When they were unable to pay, they were beaten, starved, and forced into commercial sex. Traffickers exploited transgender women, luring them with offers of gender reassignment surgery and later exploiting them in sex trafficking when they were unable to repay the cost of the procedure.

According to some LGBTQI+ leaders, the COVID-19 pandemic severely limited the LGBTQI+ population’s access to public health and mental health resources, and many were in abusive domestic situations with families that did not support them. According to some civil society sources, LGBTQI+ workers, who were more likely to work in the informal economy, lost their jobs at a much higher rate than the general population during the pandemic. In the states of Pernambuco, Paraiba, and Ceara, several donation campaigns were carried out to assist vulnerable LGBTQI+ populations, including donation of food baskets, hygiene kits, and clothes.

Followers of Afro-Brazilian religions such as Candomble and Umbanda faced more discrimination and violence than any other faith-based group. Although less than 2 percent of the population professed Afro-Brazilian religions, most of the religious persecution cases registered by the human rights hotline involved victims who were practitioners of Afro-Brazilian religions. In July, Rio de Janeiro State began allowing complaints of religious intolerance or discrimination to be reported to the Military Police’s 190 hotline. Victims can already report incidents to the Civil Police, but local experts claimed the new channel was more easily accessible and familiar.

Followers of Afro-Brazilian religions faced physical attacks on their places of worship. According to one religious leader, these attacks resulted from a mixture of religious intolerance and racism, systemic societal discrimination, media’s perpetuation of harmful stereotypes, and attacks by public and religious officials against these communities.

In the state of Maranhao, temples of Afro-Brazilian religions suffered increasing physical attacks and damages despite military police presence in affected neighborhoods. According to the State Secretariat for Racial Equality, in Maranhao’s capital city of Sao Luis, one temple was attacked four times in two months. African-based religious institutions, representatives who fight religious intolerance, the public defender, the state prosecutor, and the state’s lawyers’ association met on July 14 to discuss strategies to end these attacks.

In June, during a search for suspected serial killer Lazaro Barbosa, police officers repeatedly invaded at least 10 Afro-Brazilian temples in Goias State. In a complaint filed by religious leaders, police allegedly used violent entry, pointed weapons at the heads of those present, and examined cell phones and computers without a court order.

On March 3, Sao Paulo Governor Joao Doria approved the State Law of Religious Freedom that regulates the constitutional principle of free exercise of faith and establishes fines of up to R$87,000 ($15,600) for proven cases of disturbance of religious ceremonies and cults, vandalization of sacred symbols, and discrimination in schools, such as the prohibition of religious attire.

On February 6, Magno Gomes Lucio vandalized a Candomble temple in Jacarepagua, Western Rio de Janeiro. He reportedly yelled at the neighborhood residents – at least some of whom were members of the temple in the process of celebrating the Yemanja religious holiday – that he hated “macumbeiros” (practitioners of Afro-Brazilian religions) and that he did not like the idea of having them as neighbors. As of August the Civil Police was investigating the case to assess if the incident represented religious intolerance. The aggressor had not been arrested.

In June the Bahia State Court of Justice convicted Edneide Santos de Jesus, a member of the Casa de Oracao Evangelical Church, sentencing her to court-ordered community services for repeated verbal abuse of adherents of a traditional Candomble temple in Camacari, Bahia. The defendant had repeatedly verbally abused the Candomble followers and spread rock salt in front of the temple to “cast out demons.” The ruling by the court was the first of its kind in the state’s history.

Drug trafficking organizations and other groups contributed to societal violence. There was evidence that these heavily armed organizations participated in vigilante justice, holding “trials” and executing persons accused of wrongdoing. A victim was typically kidnapped at gunpoint and brought before a tribunal of gang members, who then tortured and executed the victim. In Rio de Janeiro’s favelas, the practice of police-affiliated criminal organizations, known as militias, using violence to extort payments for protection was a common occurrence. Militia groups, often composed of off-duty and former law enforcement officers, penitentiary officials, and firefighters, reportedly took policing into their own hands. Many militia groups intimidated residents and conducted illegal activities such as extorting protection money and providing pirated utility services. The groups also exploited activities related to the real estate market and the sale of drugs and arms.

Militias controlled an estimated 25 percent of Rio de Janeiro City’s neighborhoods; drug trafficking organizations controlled an estimated 35 percent; 32 percent of neighborhoods were in dispute; and 8 percent had no reported presence of either militias or drug trafficking organizations, according to a study conducted by the Federal Fluminense University and University of Sao Paulo, in partnership with Disque Denuncia, Fogo Cruzado, and Pista News. Law enforcement sources confirmed that militia groups were routinely involved in human rights violations, extrajudicial killings, and economic exploitation of vulnerable population groups.

On June 10, Civil Police in the city of Rio de Janeiro killed Wellington da Silva Braga, leader of the Bonde do Ecko, a leading militia group and one of the city’s most notorious criminal organizations. Its activities included running clandestine pharmacies, extorting businesses for “protection,” interfering in electoral campaigns, and offering a variety of black-market services such as water delivery, gasoline distribution, public transport, and television services.

Between July 25 and July 31, in the southern Mato Grosso do Sul city of Ponta Pora and in its Paraguayan neighbor city, Pedro Juan Caballero, six persons were killed with characteristics of an execution-style murder. In each case the criminals called themselves Frontier Vigilantes. The two cities were the main base of organized crime on the border, and police cited a possible link between the homicides and the criminal organization First Command of the Capital. The state government of Mato Grosso do Sul reported 51 similar executions from the beginning of the year through July.

In January, two rival militia groups competing to control the Gardenia Azul community, a Jacarepagua neighborhood in the North Zone of Rio de Janeiro, began charging “security fees” ranging from R$50 to R$150 ($9 to $27) per week from all residents. According to residents’ reports, the heavily armed militia members wore hoods to disguise themselves while destroying residential and commercial security cameras throughout the neighborhood.

In February media outlets reported that rival drug trafficking gangs contending for power in Sao Joao de Meriti, in the Baixada Fluminense area of Rio de Janeiro, imposed a curfew on residents. The press also reported that regular shootouts between the same criminal groups had resulted in lethal wounds among some bystanders.

Ecuador

Section 6. Discrimination and Societal Abuses

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.

The constitution declares the state to be plurinational and affirms the principle of nonviolence and nondiscrimination by recognizing the rights of indigenous, Afro-Ecuadorian, and Montubio (an independent ethnic group of persons with a mixture of Afro-Ecuadorian, indigenous, and Spanish ancestry) communities. It also mandates affirmative action policies to provide for the representation of minorities. NGOs and civil society representatives said those provisions were not effectively enforced.

A 2019 report by the National Council for the Equality of Peoples and Nationalities reiterated that racism and discrimination continued against indigenous peoples and Afro-descendants despite government policies promoting equality. The report reiterated that ethnic minorities continued to struggle with education and job opportunities and often earned less in comparison with their nonindigenous counterparts. Less than 4 percent of the indigenous population entered higher education, according to the most recent census, carried out in 2010. The same agency reported racial minority groups had less access to managerial positions and other professional opportunities.

Afro-Ecuadorian citizens, who accounted for approximately 7 percent of the population according to the 2010 census, suffered pervasive discrimination, particularly regarding educational and economic opportunity. Afro-Ecuadorian organizations noted that, despite the absence of official discrimination, societal discrimination and stereotyping in media continued to result in barriers to employment, education, and housing. A National Gender Survey published in November 2019 found Afro-Ecuadorian women were particularly vulnerable to gender-based violence and harassment based on racial, gender, and sexual stereotypes. Late-night news show host Andres Carrion was criticized in social media as reinforcing negative gender and racial stereotypes after asking Afro-Ecuadorian Olympic gold medal-winning weightlifter Neisi Dajomes in an August 16 interview whether she “knew how to cook,” followed by whether she “knew how to wash dishes.”

There were isolated reports of restrictions placed on indigenous persons and their institutions in decisions affecting their property or way of life. Media reported the Pastaza Provincial Court partially accepted a habeas corpus request on July 16 for former Confederation of Indigenous Nationalities of Ecuador (CONAIE) president Antonio Vargas Guatatuca. Vargas Guatatuca was originally convicted for land trafficking in 2018, with his sentence extended to three years and four months in 2019, all of which he had served doing community service. He was arrested on June 20 in Pastaza Province after an arrest warrant had been issued a few days prior to serve part of his time in jail. CONAIE argued Vargas Guatatuca’s detention was arbitrary and illegal, as international conventions to which Ecuador is a signatory state indigenous persons are subject to prison alternatives. The court ruled Vargas Guatatuca should serve 60 days in jail and 30 in his community, then continue serving out the rest of his sentence doing community service. On November 8, President Lasso issued an executive pardon exonerating Vargas Guatatuca of charges and cancelling the fines ordered in his convictions.

The law provides indigenous persons the same civil and political rights as other citizens. The constitution recognizes Kichwa and Shuar as “official languages of intercultural relations.” The constitution grants indigenous persons and communities the right to prior consultation, which is to participate in decisions on the exploitation of nonrenewable resources located on their lands that could affect their culture or environment, although indigenous peoples’ organizations noted public- and private-sector actors often ignored prior consultation. The constitution also allows indigenous persons to participate in the economic benefits natural resource extraction projects may bring and to receive compensation for any damages that result.

In the case of environmental damage, the law mandates immediate corrective government action and full restitution from the responsible company, although some indigenous organizations asserted a lack of consultation and remedial action. The law recognizes the rights of indigenous communities to hold property communally, although the titling process remained incomplete in parts of the country. The constitution prohibits mining in urban and protected areas and limits oil drilling in Yasuni National Park.

Although confirmed COVID-19 cases and deaths among indigenous communities were lower than the national average, indigenous leaders and international organizations asserted indigenous communities, like other rural low-income communities, were particularly vulnerable to the pandemic’s environmental, medical, and economic effects. Precise information on COVID-19 vaccination rates among indigenous persons was not available as of September 18, but government authorities declared they prioritized vaccinating indigenous communities and publicized several instances of vaccine drives in indigenous communities that included military-assisted vaccine transport to remote areas. The government nonetheless faced logistical challenges due to transportable vaccine availability and the physical isolation of some communities.

Media and activist groups reported environmental and anti-illegal mining activist Andres Durazno was stabbed outside his home in Azuay Province on March 17, allegedly by a relative. Activist groups called on the attorney general to open an investigation, which had not begun as of October 28.

Birth Registration: Citizenship is acquired through birth in the country, birth to an Ecuadorian mother or father abroad, or by naturalization. According to media reports, ethnic minority families and those with limited economic resources continued to show registration rates significantly lower than those of other groups. Government brigades occasionally traveled to remote rural areas to register families and persons with disabilities. While the law prohibits schools from requesting civil registration documents for children to enroll, some schools, mostly public schools, continued to require them. Other government services, including welfare payments and free primary health care, require some form of identification.

Education: The lack of schools in some areas specifically affected indigenous and refugee and migrant children, who must travel long distances to attend school.

Child Abuse: The law criminalizes child abuse and provides penalties of 30 days to 26 years in prison, depending on the severity of the abuse.

In 2020 Ana Cristina Vera, director of the local NGO Surkuna, estimated six of 10 rape aggressors were immediate relatives, with most underage victims younger than 14. In 2019 the Office of the Public Prosecutor stated approximately 60 percent of rape victims were children and adolescents.

In 2019 media reported that approximately 16 percent of the 7,977 sex-crime complaints tracked by the Ministry of Education between 2014 and May 2019 were directed against minors. Teachers or school staff were accused as perpetrators in 25 percent of all complaints.

Local NGOs and the government expressed concern regarding child abuse and infanticide during the COVID-19 pandemic. The Quito Rights Protection Council reported 10 suicides and seven cases of infanticide between March and May 2020. The council stated the infanticides in that span were allegedly committed by the victims’ immediate family members. Council vice president Sybel Martinez warned that a lack of precise statistics on violence against minors could fuel impunity. The Attorney General’s Office publicized progress on several intrafamilial violence cases throughout the year.

Bullying remained a problem in schools and increasingly occurred on social media. On April 10, reforms to the Intercultural Education Law took effect, aiming to prevent and combat digital sexual violence and strengthen the fight against cybercrimes by making online bullying punishable. The law obligates educators to investigate allegations of bullying, considering the victim’s best interests. Cases that may lead to school violence (defined as incidents that may lead to death, physical, sexual, emotional, or psychological harm), harassment, or discrimination are prioritized for reporting to higher authorities within 48 hours.

Child, Early, and Forced Marriage: The legal marriage age is 18. There were reports of early and forced marriage in indigenous communities, particularly in instances in which girls became pregnant following an instance of rape. Indigenous leaders reported cases in which sexual aggressors compensated violence with payment or exchange of animals, but in some cases, victims were forced to marry their aggressors. CARE International reported the government did not respond effectively to these cases, especially in Kichwa and Shuar indigenous communities.

Sexual Exploitation of Children: The age of consent is 14. The law prohibits sexual exploitation of children, including child pornography, with penalties of 22 to 26 years’ imprisonment. The penalty for human trafficking, including child sex trafficking, is 13 to 16 years in prison. Authorities did not criminalize all forms of child sex trafficking. The criminal code requires proof of force, fraud, or coercion as essential elements of a trafficking crime, neglecting to recognize that anyone younger than age 18 is unable to provide such consent. Child sex trafficking remained a problem, despite government enforcement efforts.

On May 5, the Pichincha Provincial Court upheld the convictions and maximum prison sentences of 25 years and four months for five members of a criminal ring responsible for trafficking an estimated 100 teenage girls in Quito since at least 2018. The group recruited teenage girls from low-income neighborhoods to attend parties in an affluent Quito neighborhood. The case was related to a February 2020 conviction against one of the same defendants to a 34-year sentence for rape resulting in the death of a 15-year-old girl.

Displaced Children: Humanitarian organizations expressed concern that an increasing number of unaccompanied refugee and migrant children entered via irregular crossings after the government closed its borders in March 2020 in response to the COVID-19 pandemic. International organizations remained concerned unaccompanied children and adolescents were vulnerable to exploitation and trafficking by criminal groups.

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.

There is a small Jewish community, including an estimated 450 individuals in Quito, 40 individuals in Guayaquil, and 10 individuals elsewhere in the country. The Jewish community reported no attacks or aggressions as of September 28. Community members said that during the military escalation between Gaza and Israel in May, opinion articles in El Comercio and El Universo newspapers included comments they considered anti-Semitic. Members of the Jewish community condemned the statements, but the government did not comment on the statements.

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

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The National Council on Disability Equality oversees government policies regarding persons with disabilities.

Although the law mandates access to buildings and promotes equal access to health, education, social security, employment, transport, and communications for persons with disabilities, the government did not fully enforce it. By law children with disabilities could attend specialized schools, but all educational establishments must accommodate students with disabilities. An educational policy NGO said nonspecialized institutions lacked the capacity and staff to accommodate the range of disabilities. The NGO said children with disabilities attended primary school at similar rates to other children, but they attended secondary education at lower rates due to a lack of access to quality support.

The law stipulates persons with disabilities have the right to health facilities and insurance coverage, job security, access and inclusion in education, and a program for scholarships and student loans. The law also requires that 4 percent of employees in all public and private enterprises with more than 25 employees be persons with disabilities, and it gives the Ombudsman’s Office responsibility for following up on alleged violations of the rights of persons with disabilities, stipulating a series of fines and punishments for lack of compliance. A March 15 media report noted that the Ministry of Labor recorded a 29 percent increase in job dismissal complaints from persons with disabilities between 2019 and 2020 (652 to 838). More broadly, the number of complaints nearly tripled between 2017 and 2020.

The law directs the electoral authorities to provide access to voting and to facilitate voting for persons with disabilities.

Lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) activists reported that during the peaks of the COVID-19 pandemic in April and May 2020, officials at public and private hospitals blocked access to retroviral treatment and hormones to LGBTQI+ patients to focus resources on COVID-19 treatment. The sudden unavailability adversely affected LGBTQI+ individuals undergoing medical treatment.

The NGO Fundacion Ecuatoriana Equidad, a sexual health and LGBTQI+ advocacy group, said that despite a Constitutional Court order that the Ministry of Health improve the administration of HIV home treatment regimens for LGBTQI+ individuals and the Ministry of Health’s commitment to do so, treatment continued to be inadequate due to perceived poor management by the ministry.

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

LGBTQI+ groups claimed police and prosecutors did not thoroughly investigate deaths of LGBTQI+ individuals, including when there was suspicion that the killing was motivated by anti-LGBTQI+ bias. On September 3, NGO Silueta X representatives said 14 members of the LGBTQI+ community had been killed in 2020 and seven more as of September 3 (including one alleged forced disappearance by unknown perpetrators). Fundacion Ecuatoriana Equidad cited police and prosecutors’ lax attitude and the lack of technical capacity and knowledge about the LGBTQI+ individuals to explain insufficient investigations into crimes committed against LGBTQI+ persons.

Regarding the May 2020 killing of Javier Viteri, on July 7, a municipal court in Arenillas convicted and sentenced the accused person, a military conscript, to 34 years and eight months in prison.

The constitution includes the principle of nondiscrimination and the right to decide one’s sexual orientation. The law also prohibits hate crimes, but LGBTQI+ activists asserted that since the legal codification of hate crimes in 2008, there had been no hate crime convictions for crimes directed at LGBTQI+ persons. Although the law prohibits discrimination based on sexual orientation, LGBTQI+ persons continued to suffer discrimination from both public and private entities, particularly in education, employment, and access to health care. LGBTQI+ organizations reported transgender persons suffered more discrimination because they were more visible.

LGBTQI+ persons continued to report that the government sometimes denied their right of equal access to formal education. Despite the publication of a “Guide to Prevent and Combat Discrimination Based on Sexual Diversity and Gender Identity” by the Ministry of Education in 2019, Fundacion Ecuatoriana Equidad indicated the government had not comprehensively applied the guide’s provisions and not adapted relevant regulations to implement the guide. LGBTQI+ students, particularly transgender students, sometimes were discouraged from attending classes and were more susceptible to bullying in schools. Human rights activists argued the Ministry of Education and school administrators were slow to respond to complaints regarding overall harassment, discrimination, or abuse, particularly against LGBTQI+ persons. LGBTQI+ persons involved in the commercial sex trade reported abusive situations, extortion, and mistreatment by security forces.

The law prohibits changing gender on identity documents for LGBTQI+ persons younger than 18, even with parental consent. In 2019 an LGBTQI+ NGO reported a transgender minor was denied enrollment at 15 schools under her chosen name and gender in 2017. The minor’s parents subsequently filed a lawsuit requesting that officials allow her to change her name and gender on identity documents to end discrimination against her. In 2018 the Office of the Civil Registry allowed changes on her identity card. Fundacion Ecuatoriana Equidad reported the parents then filed an inquiry with the Constitutional Court to determine the age transgender underage individuals may change their identity information. A court decision on the inquiry remained pending as of September 28.

An LGBTQI+ organization reported the existence of clandestine private treatment centers confining LGBTQI+ persons against their will to “cure” or “dehomosexualize” them despite the illegality of such treatment. According to the organization, the Ministry of Public Health had some success in identifying and closing such institutions. Alternatively, LGBTQI+ organizations said relatives also took LGBTQI+ persons to neighboring countries, where clinics reportedly used violent treatments, including rape, to change LGBTQI+ persons’ sexual orientation.

Finland

Section 6. Discrimination and Societal Abuses

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.).

The law specifically prohibits discrimination based on origin and nationality.

The public broadcaster Yle reported in July that the Helsinki Police Department fired two officers, including the chief of staff, for engaging in racist communications with far-right hate groups. Text messages revealed discussion of an upcoming “civil war,” with language particularly targeting the country’s Muslim, Somali, and Romani populations. The report indicated that an additional five police officers and one guard with ties to far-right groups were under investigation.

In June the chief inspector of the ombudsman for equality confirmed that security officials, including police, were observed profiling and discriminating against individuals based on their ethnicity. The statement confirmed the key finding of a 2018 study that found police officers, security guards, border agents, and customs officers targeted minorities due to their ethnic background or skin color.

Roma continued to face discrimination in all social sectors and were often targeted by law enforcement and security officials. An investigation by Yle in May indicated that internal guidelines issued by the Helsinki Police Department to record the movements of the Finnish Romani populations meant that the police were collecting personal information and detaining Roma without legal grounds beginning in 2013. Police representatives stated they had stopped recording the movements of the Finnish Romani populations in 2017. According to the Fundamental Rights Barometer survey, 53 percent of Finnish respondents would be uncomfortable with a Romani neighbor. Housing discrimination acutely affected Romani populations, but instances of housing discrimination for Roma were likely underreported. Between January and June, the Office of the Equality Ombudsman received 753 reports of housing discrimination.

In June 2020, the latest year for which statistics from the National Crime Victim Survey were available, the nondiscrimination ombudsman reported that 80 percent of respondents with an African background experienced discrimination because of their skin color, 67 percent encountered discrimination or harassment in education, 60 percent encountered discrimination in the workplace, and 27 percent also experienced physical violence. More than one-half of the respondents said they had not reported the discrimination to authorities because they believed reporting harassment would not accomplish anything. According to statistics from the Fundamental Rights Barometer Survey, 36 percent of Arabic-speaking respondents and 31 percent of Russian-speaking respondents experienced discrimination during employment or while searching for a job.

According to the Program for International Student Assessment (PISA) of the Organization for Economic Cooperation and Development, having an immigrant background disproportionally influenced educational results for students: 45 percent of immigrant students were in the bottom quarter of the PISA index of economic, social, and cultural status, compared with 24 percent of nonimmigrant students.

According to a university researcher, students were often placed in Finnish-as-a-second-language classes regardless of their Finnish proficiency if their native language on record was something other than Finnish or if they had a “non-Finnish” name.

The nondiscrimination ombudsman is responsible for responding to complaints of discrimination and regularly mediated between business owners, government agencies, and public service providers regrading treatment of customers and clients. The Ministry of Justice also responds to complaints of discrimination.

The government strongly encouraged tolerance and respect for minority groups, sought to address racial discrimination, and assisted victims.

In January Helsingin Sanomat reported that the banned Nordic Resistance Movement (NRM) continued to operate out of public sight and without a clear name. In June prosecutors charged nine NRM members with engaging in illegal association for continuing NRM activities under the organization of the group Toward Freedom! (Kohti Vapautta! in Finnish) and leading a demonstration at Tampere Central Market in October 2020. The NGOs Save the Children and Hope Not Hate both reported that far-right youth groups such as the National Partisan Movement had used pandemic lockdowns to recruit minors online. The Finnish Intelligence Service highlighted that racially or ethnically motivated violent extremism in online platforms was a significant source of radicalization in the country. Leaders in both the Jewish and the Muslim minority communities stated that, while extremist websites were not a new phenomenon, the types of websites and forums targeting citizens expanded over the previous year.

In September the Ministry of Justice and the nondiscrimination ombudsman launched the “I am Antiracist” campaign to encourage individuals to act antiracist in their daily lives and consider the effects of racism more broadly in society. The campaign was part of the Ministry of Justice’s “Together for Equality” project, which received funding from the EU’s Fundamental Rights, Equality, and Citizenship Program.

The constitution provides for the protection of the Sami language and culture, and the government financially supported these efforts. The Sami, who constituted less than 0.1 percent of the population, have full political and civil rights as citizens as well as a measure of autonomy in their civil and administrative affairs. A 21-member Sami parliament (Samediggi), popularly elected by the Sami, is responsible for the group’s language, culture, and matters concerning their status as an indigenous people. It may adopt legally binding resolutions, propose initiatives, and provide policy guidance.

Reports issued by the Sami parliament in February and December 2020 found that the linguistic rights of the Sami were not realized in the way intended by the constitution and the Sami Language Law. Shortcomings involved the number of Sami language personnel, the accessibility of services, and the fact that, contrary to provisions of the Sami Language Law, Sami people must still separately invoke their linguistic rights for them to be recognized. Speakers of Inari Sami and Skolt Sami were in the most vulnerable positions, according to the report. The number of students in all Sami languages decreased by 3.5 percent to 710 pupils nationwide from 2020. In addition, as services were moved online and to centralized service telephone lines, authorities did not take into consideration the possibility of accessing these services in the Sami languages. Funds appropriated for Sami language social and health care have not been indexed to inflation since 2004, and there were fears that social and health-care reforms could further deplete services. There was also poor availability of Sami language prekindergarten personnel, and the funding of Sami language prekindergarten programs was inadequate.

The ombudsman for gender equality stated that Sami victims of domestic violence were at a disadvantage in accessing public shelters due to the long distances between population centers in the northern part of the country.

In May the Regional Council of Lapland agreed to rewrite its draft provincial plan for the period until 2040 to exclude the Arctic railway line from Helsinki to the northern border. Sami objected to plans for the railway, citing the railway’s potential impact on natural resources critical for their livelihoods, including reindeer-herding land and Arctic nature tourism.

Birth Registration: A child generally acquires citizenship at birth through one or both parents. A child may also acquire citizenship at birth if the child is born in the country and meets certain other criteria, such as if the parents have refugee status in the country or if the child is not eligible for any other country’s citizenship. A local registration office records all births immediately.

Child Abuse: The law prohibits child abuse, defining children as individuals younger than 16. Child neglect and physical or psychological violence carry penalties of up to six months in prison and up to two years in prison, respectively. Sexual abuse of a child carries a minimum penalty of four months’ imprisonment and a maximum of six years. The law defines rape of a minor (younger than 18) as aggravated rape. Rape of a child carries a minimum penalty of two years’ and a maximum of 10 years’ imprisonment. Aggravated rape of a child carries a minimum penalty of four years’ and a maximum of 12 years’ imprisonment. In October a man was sentenced to four months in prison for physically assaulting his six-year-old son during a summer vacation. The boy’s older brother was a witness to the assault. The man had two previous convictions for assaulting the mother of the child. The prison sentence was converted to 120 hours of community service.

Child, Early, and Forced Marriage: The minimum age of marriage is 18; the law disallows marriage of individuals under that age. In the first half of the year, the National Assistance System for Victims of Human Trafficking reported 19 new cases of forced marriage. In 2020 the system assisted 45 women and girls, a slight decrease from 2019, considered to have been subjected to forced marriage. Many of these marriages occurred when the victim was underage.

Sexual Exploitation of Children: The country prohibits the commercial sexual exploitation of children, including child pornography and the sale, offering, or procuring of children for commercial sex. The law prohibits purchase of sexual services from minors and covers “grooming” (enticement of a child), including in a virtual environment or through mobile telephone contacts. Authorities enforced the law effectively.

The minimum age for consensual sex is 16. The law regards a person whose age cannot be determined, but who may reasonably be assumed to be younger than 18, as a child.

From January to June, there were 993 reported cases of child exploitation, compared with 838 cases reported during the same period in 2020. In June police passed to prosecutors a case involving a man suspected of multiple counts of aggravated sexual abuse of a child, aggravated child rape, and the possession and dissemination of indecent images of children. As of September all of the more than 30 victims identified were girls between the ages of eight and 14.

In June a man was sentenced to four years and six months in prison for aggravated child sexual abuse, rape, and attempted rape committed against two minors, ages seven and nine, in 2019 and 2020. The perpetrator’s self-reporting the crimes and cooperating with the prosecution reduced the sentence by six months.

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.

Government statistics and Jewish leaders place the size of the Jewish population between 1,500 and 2,500 individuals, most living in the Helsinki area.

Stickers and posters with anti-Semitic images and messages were placed on the synagogue of Helsinki’s Jewish congregation, in neighborhoods with significant Jewish populations, and on public property throughout the year. The vandalism ranged from targeted to apparently random, and similar incidents had occurred numerous times over the previous three years. Some of the anti-Semitic graffiti and stickers claimed to be from the banned NRM. Stickers specifically targeted Jewish community members at lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) pride events. Representatives of the Jewish community reported that, despite available video and photographic evidence of the perpetrators, police made no arrests in the incidents.

Debates on religious practices of animal slaughter with respect to kosher products and on nonmedical male circumcision often used direct or veiled anti-Semitic language (see Other Societal Violence or Discrimination, below).

The government provided funding for the security of the Helsinki synagogue, but the Central Council of Finnish Jewish Communities reported that funding had recently been cut in half. Representatives of the Jewish community reported feeling under threat and specifically targeted due to their beliefs.

On August 30, the Helsinki District Court ruled that the men who carried swastika flags in the 2018 Independence Day demonstrations of the Finnish neo-Nazi organization Toward Freedom! were not guilty of ethnic agitation. The court found that the defendants had not directly threatened or insulted a specific ethnic group.

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

Persons with Disabilities

During the year a report on the results of the Fundamental Rights Barometer survey published by the Ministry of Justice found that 40 to 60 percent of persons with disabilities disagreed or strongly disagreed that public administration and local authorities adequately facilitated access to information depending on the specific issue, and 29 percent of persons with disabilities stated they had been treated disrespectfully by public administrations. The Ministry of Interior noted that only two police officers in the country were able to communicate in sign language and that access to services for persons with disabilities continued to be a problem. There were no existing comprehensive assessments of the state of accessibility of public buildings. An estimate from 2019, the most recent data available, suggested that 15 percent of residential buildings were accessible. Municipalities must organize reasonable transport services for persons with disabilities if they are needed to manage daily life functions. Municipalities reported problems in the availability and quality of transport services, particularly during major events, on-call times, and evenings and weekends. The constitution and law prohibit discrimination against persons with disabilities in all fields, including the provision of government services.

According to the Finnish Association on Intellectual and Developmental Disabilities (FAIDD), most children with disabilities were included in early childhood education in the same classes as other children. In primary schools there were fewer opportunities for children with disabilities to attend classes or participate in organized hobby groups with peers. According to statistics, 114 children with intellectual disabilities lived in institutional settings. The resources available varied across different municipalities. According to FAIDD, reforms to vocational education reduced the opportunities for young persons with disabilities to receive necessary professional training and find employment. The nondiscrimination ombudsman highlighted that inclusion in education was a complicated matter because, while some groups advocated for more inclusion, other advocacy groups noted that increased inclusion was not in the best interest of some persons in their community.

The law requires an authority, education provider, employer, or provider of goods to ensure equal opportunities for persons with disabilities to deal with the authorities, gain access to education, and work through reasonable accommodations. The parliamentary ombudsman’s annual report published in June saw an increase in complaints (from 281 in 2019 to 306 in 2020) regarding the rights of persons with disabilities. During the same period, a total of 80 complaints related to the COVID-19 pandemic concerned persons with disabilities, mainly regarding social and health-care administrative matters.

Wheelchair-accessible voting became more common, in part in response to a call for greater accessibility at polling sites by the Office of the Parliamentary Ombudsman. The parliamentary ombudsman noted there was still room for improvement (see also Section 3, Recent Elections). Persons with disabilities, including blindness, may use a personal assistant of their choice or the assistance of an election official when voting. A report by the Human Rights Center noted that dependence of the blind on assistants to mark their ballots did not sufficiently recognize the needs of persons with disabilities. The Association of the Deaf stated that the deaf community did not receive enough information in sign language about political and public affairs, which, in practice if not by law, limited participation in politics.

According to civil society groups, municipalities routinely did not budget enough money to provide such services and provided only the minimum services required by law regardless of the actual need for services. Sometimes services were denied, and the person with a disability was instructed to appeal the decision, since an appeal lengthens the process of granting services.

An expert from a civil society group asserted that legislation and practices surrounding labor and daily activities of persons with mental disabilities needed comprehensive reform. Gaps in the law created conditions where businesses could employ persons with disabilities for so-called rehabilitative work without pay. The system does not take into consideration that individuals with intellectual disabilities are often capable of full- or part-time wage-labor on the same basis as others. Social welfare legislation defines labor activities as maintaining and improving capabilities, and a municipality may grant tax-free pay of between zero and 12 euros ($13.80) an hour for such activities. If the work requires guidance, it is seen as a daily activity rather than labor, meaning an employee may not receive even food in exchange for hours of work. The Ministry of Social Affairs and Health acknowledged that too many persons with intellectual disabilities were not paid for their work.

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

The law requires that a transgender person present a medical statement affirming the individual’s gender identity and a certificate of infertility before the government may legally recognize their gender identity. To obtain the medical statement that includes an affirmation of gender, transgender persons must first undergo a psychiatric monitoring process and receive a psychiatric diagnosis, a process that organizations, activists, and transgender persons criticized as causing significant harm, distress, and humiliation. Access to specialized treatment services is only available after a diagnosis of “gender dysphoria,” which lasts for at least two years, thereby creating barriers to gender affirming procedures.

In addition to the requirement that an individual submit to sterilization, activists criticized the duration of the legal process, stating it could take up to three years to obtain identity documents with the new gender markers. In April a citizens’ initiative to reform laws for obtaining legal gender recognition, to extend legal redress opportunities to juvenile minors, and the abolition of a centralized database on past gender transitions garnered 50,000 signatures. Trafficking authorities and civil society stated they had no specialized services for transgender victims of trafficking in persons and were unaware of their status among the trafficking-victim population.

While the law prohibits “conversion therapy” in medical settings, it continued to be practiced privately, most commonly in religious associations. According to local activists, children in the Pentecostal Church community continued to be provided material that encourages sexual orientation conversion.

The law prohibits discrimination based on gender identity, gender expression, or sexual orientation in housing, employment, nationality laws, and access to government services, and the government enforced the law. Stickers for the banned NRM targeted LGBTQI+ pride events, inter alia.

On March 11, the Central Finland District Court dismissed the charges against a man with links to far-right groups of the attempted murder of the Finns Party’s election manager for Central Finland, Pekka Kataja. Kataja was attacked at his home in July 2020 and suffered a fractured skull, cerebral hemorrhage, and broken ribs and fingers. The district court ruled that the crime was a political act, but the charges brought against the defendant were based on circumstantial evidence.

In May the Pirkanmaa District Court convicted and fined for libel, aggravated libel, and ethnic agitation a former leader of the Finnish People First Party, Marco de Wit. During the 2019 campaign, de Wit published and disseminated election advertisements claiming all Muslims were sex offenders and published articles online threatening Jews, refugees, and asylum seekers. He was also found guilty of aggravated libel for accusing the police force of child sexualization after some police participated in Helsinki LGBTQI+ pride activities in uniform. De Wit had previously been sentenced to parole for violence against an official.

Religious community leaders stated that debates on religious practices of animal slaughter with respect to kosher and halal products and on nonmedical male circumcision used direct or veiled anti-Semitic and anti-Muslim language. Materials produced by the Ministry of Social Affairs and Health called nonmedical male circumcision a violation of child bodily integrity and self-determination.

India

Section 6. Discrimination and Societal Abuses

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.

The constitution prohibits discrimination against any citizen on the grounds of religion, race, caste, or place of birth. The registration of castes and tribes continued for the purpose of affirmative action programs, as the federal and state governments continued to implement programs for members of lower-caste groups to provide better quality housing, quotas in schools, government jobs, and access to subsidized foods. Critics claimed many of the programs to assist the lower castes suffered from poor implementation, corruption, or both.

The term Dalit, derived from Sanskrit for “oppressed” or “crushed,” refers to members of what society regarded as the lowest of the Scheduled Castes. According to the 2011 census, Scheduled Caste members constituted 17 percent of the population (approximately 200 million persons). The NCRB reported 50,291 crimes against Scheduled Castes in 2020 – an increase of 9.4 percent from 2019. Crimes committed against Dalits reportedly often went unpunished, either because authorities failed to prosecute perpetrators or because victims did not report crimes due to fear of retaliation.

Discrimination based on caste remained prevalent, particularly in rural areas. In August Haridwar police arrested two suspects for using caste-based slurs against Indian hockey player Vandana Katariya. The suspects were charged with insult with intent to provoke breach of the peace and violation of the Scheduled Castes and Scheduled Tribes Act.

The law protects Dalits, but there were numerous reports of violence and significant discrimination in access to services, such as health care, education, access to justice, freedom of movement, access to institutions (such as temples), and marriage. Many Dalits were malnourished. Most bonded laborers were Dalits, and those who asserted their rights were often victims of attacks, especially in rural areas. As agricultural laborers for higher-caste landowners, Dalits reportedly often worked without pay.

NGOs reported Dalit students were sometimes denied admission to certain schools because of their caste, required to present caste certification prior to admission, barred from morning prayers, asked to sit in the back of the class, or forced to clean school toilets while being denied access to the same facilities. There were also reports some teachers refused to correct the homework of Dalit children, refused to provide midday meals to Dalit children, and asked Dalit children to sit separately from children of upper-caste families.

In September an Uttar Pradesh school principal was suspended and a police report filed for using caste-based slurs and discriminating against Dalit children.

On February 2, the minister for social justice and empowerment told parliament that Uttar Pradesh reported the highest number of deaths of persons who died while cleaning sewers and septic tanks, work often performed by Dalits, between 2016 to December 2020. While Uttar Pradesh recorded 52 deaths, Tamil Nadu registered 43 deaths. Most manual-scavenging accidents occurred due to asphyxiation and exposure to poisonous gases when workers were inside the sewer systems and septic tanks. NGOs estimated the number of deaths was underreported.

On September 8, the Madras High Court directed the heads of corporations and municipalities in Tamil Nadu to submit a written report that no manual-scavenging work would be permitted in their jurisdiction. The court had previously indicated the heads of corporations and municipalities would be held personally liable for any manual-scavenging activity or mishap occurring in their jurisdiction. The court also recommended the state government obtain appropriate machinery and improve sewer lines to eliminate manual scavenging in the state.

The constitution provides for the social, economic, and political rights of disadvantaged groups of indigenous persons. The law provides special status for indigenous individuals, but authorities often denied their rights in practice.

In most of the northeastern states, where indigenous groups constituted most of the states’ populations, the law provides for tribal rights, but some local authorities disregarded these provisions. The law prohibits any nontribal person, including citizens from other states, from crossing a government-established inner boundary without a valid permit. No one may remove rubber, wax, ivory, or other forest products from protected areas without authorization. Tribal authorities must also approve the sale of land to nontribal persons.

Tribal leaders in Telangana accused the state government of impinging on the forest rights of tribal communities. Farmers contended the state forest department destroyed their crops without prior notice and attempted to forcibly remove them from their land. On August 6, police arrested 23 tribal farmers for attempted murder when tribal members “forcefully tried to recover farmland that the villagers have been cultivating for decades.” Tribal leaders criticized the arrests as “persecution” for defending their rights.

On August 26, a tribal man from Madhya Pradesh died after several persons tied him to a van and dragged him on the road following a minor traffic dispute. Madhya Pradesh police identified and arrested five of the eight accused after a video of the incident was disseminated widely on social media.

According to a Lancet report, more than 100,000 children lost either one or both parents during the COVID-19 pandemic. The National Commission for Protection of Child Rights (NCPCR) filed a Supreme Court affidavit reporting 8,161 children were orphaned, 92,475 children lost one parent, and 396 were abandoned between April 2020 and August.

After the NCPCR raised concerns regarding complaints of illegal adoption of children orphaned by COVID-19, the Supreme Court directed states to take stringent measures against illegal adoptions and to increase publicity of the laws and regulations.

Birth Registration: The law establishes state government procedures for birth registration. Analysis of government data from 2015-16 noted approximately 62 percent of children younger than five had their births registered and their parent or parents received a birth certificate.

Children lacking citizenship or registration may not be able to access public services, enroll in school, or obtain identification documents later in life.

Education: The constitution provides for free education for all children from ages six to 14, with a compulsory education age through age 15, but the government did not always comply with this requirement. Since the minimum age for work is lower than the compulsory education age, children may be encouraged to leave school before the completion of compulsory education.

The COVID-19 pandemic affected children’s right to education and nutrition. A UNICEF India report found that during the pandemic 1.5 million schools were closed, which affected 247 million children enrolled in elementary and secondary schools. Socioeconomic inequality and lack of resources, including internet and technological devices as well as limited access to electricity, resulted in less educational opportunities for some children. The report projected that 8 percent of all children may not return to school. To reduce the risk of children dropping out, the Supreme Court ordered private schools to waive fees and for the state to pay fees to ensure children remain enrolled.

According to UNICEF, more than 60 percent of secondary school-age children with disabilities did not attend school. Additionally, children with disabilities faced additional challenges with online education.

Since the minimum age for work is lower than the compulsory education age, children may be encouraged to leave school before the completion of compulsory education.

Child Abuse: The law prohibits child abuse, but it does not recognize physical abuse by caregivers, neglect, or psychological abuse as punishable offenses.

The India Child Protection Fund reported increased incidences of cyber or sexual abuse involving children. With children spending more time indoors and online during the COVID-19 pandemic, often without supervision, the report expressed concern that children were more vulnerable to online sexual predators.

A Karnataka Commission for the Protection of Child Rights study, released in July, concluded that physical, online, and mental abuse against children sharply increased during the COVID-19 pandemic.

Child, Early, and Forced Marriage: The law sets the legal age of marriage for women at 18 and men at 21, and it empowers courts to annul early and forced marriages. The law does not characterize a marriage between a girl younger than 18 and a boy younger than 21 as illegal but recognizes such unions as voidable. The law also sets penalties for persons who perform, arrange, or participate in child marriages. Authorities did not consistently enforce the law nor address the practice of rape survivors being forced into marriage.

In 2020 the government constituted a task force to review the increase of the minimum permissible age for marriage of girls from 18 to 21 years. Critics believed the proposal did not address the core concerns regarding child marriage, such as extreme poverty and lack of education.

The law establishes a full-time child marriage prohibition officer in every state to prevent child marriage. These individuals have the power to intervene when a child marriage is taking place, document violations of the law, file charges against parents, remove children from dangerous situations, and deliver them to local child protection authorities.

Financial distress, parental deaths, and school closures have put more girls at risk of child marriage. According to media reports, more than 500 cases of child marriage took place in West Bengal between March and June 2020 during the COVID-19 national lockdown. The NCRB reported 785 cases of child marriages were registered throughout the country in 2020, an increase of 50 percent from the previous year. Officials reported that in most cases underage girls were forced to marry because of their family’s loss of earnings and financial distress caused by the lockdown. According to a recent study, 65 percent of the child marriage cases were related to so-called romantic marriages, another 30 percent were arranged, and 5 percent were forced.

Sexual Exploitation of Children: The law prohibits child pornography and sets the legal age of consent at 18. It is illegal to pay for sex with a minor, to induce a minor into commercial sexual or any form of “illicit sexual intercourse,” or to sell or buy a minor for the purposes of commercial sex exploitation or child sex trafficking.  Violators are subject to 10 years’ imprisonment and a fine.

The law provides for at least one special court dedicated to sexual offenses against children (POCSO court) to be set up in each district, but implementation of this provision lagged.

NCRB data showed that the number of 16- to 18-year-old victims under the POCSO Act was higher than the number of child victims from all the other age groups. Some NGOs noted several adolescent boys entered the juvenile justice system having been charged with rape because of the changes in the law.

Media reports indicated that the COVID-19 pandemic resulted in a rise in cases filed under the POCSO Act. Data from Child Welfare Committees showed a 36.5 percent increase in the number of POCSO cases registered from January to July when compared with the number recorded for the same period in 2020. The rise in POCSO cases was attributed to increased time spent online which increased exposure to online traffickers.

On March 13, the Ministry of Women and Child Development published new rules to protect children from sexual offenses. The rules provide for immediate compensation, increased public awareness regarding services from the CHILDLINE India Foundation, and legal aid assistance. The rules advise state governments to enact a child protection policy to re-enforce the prohibition of violence against children. A new provision also directs immediate financial help to victims of child sexual abuse by the Child Welfare Committees. NGOs noted the procedure was not being implemented in a standardized fashion across jurisdictions.

In January the Bombay High Court ruled that groping a child is not considered sexual assault if there is no “skin-to-skin contact” or “sexual intent.” The National Commission for Women criticized the ruling and appealed to the Supreme Court. The Supreme Court reversed the Bombay’s High Court’s decision.

In a June 2020 ruling the Delhi High Court mandated notice to complainants in child assault cases to ensure their presence in every bail application filed by the accused in their case. This ensured the complainant is informed of the proceedings and has an opportunity to argue against bail. Other high courts were expected to follow suit. For instance, the Orissa High Court issued similar directions to the POCSO courts operating under its jurisdiction.

In June 2020 the Delhi High Court held that the POCSO Act does not prevent a victim from applying for monetary compensation more than once if their circumstances required. Court cases typically last for years, and a victim’s financial needs may grow as time passes.

There was a continued focus on providing speedy justice to victims of sexual abuse. A 2016 study by the NGO Counsel to Secure Justice highlighted many child sexual abuse cases were pending trial or delayed in trial. The government stated 49,000 pending cases related to rape and sexual offenses against children were addressed during the COVID-19 pandemic with the use of 1,023 fast-track courts. Critics alleged fast-track courts established for POCSO cases were often unable to function on a timely basis because of pandemic restrictions. As a remedy, the Supreme Court directed the states of Assam, West Bengal, and Rajasthan to initiate a pilot project to test videoconferencing facilities for recording testimony.

Displaced Children: Displaced children, including refugees, IDPs, and street children, faced restrictions on access to government services (see also section 2.d.).

Institutionalized Children: Lax law enforcement and a lack of safeguards encouraged an atmosphere of impunity in several group homes and orphanages.

A National Commission for Protection for Child Rights audit found that out of 7,163 childcare institutions in the country, as many as 2,039 or 28.5 percent were not registered with state governments as mandated by the Juvenile Justice Act, 2015. In several cases government-funded shelter homes continued to operate despite significant gaps in mandatory reporting and allegations of abuse.

In 2020 the Supreme Court directed state governments to improve the handling of the COVID-19 crisis among institutionalized children. States were asked to file detailed reports, and various guidelines were issued to different childcare institutions on how to deal with the pandemic-induced crisis. NCPCR stated more than 720 children in childcare institutions in 11 states and union territories contracted COVID-19 as of August, but no fatalities were reported.

In January 2020 the Supreme Court revised the Juvenile Justice (Care and Protection of Children) Act, 2015, to prevent children from being tried as adults. The Supreme Court ruled that children can be tried as an adult only for “heinous” crimes that have a minimum punishment of seven years. In view of this judgment, the Juvenile Justice Board may conduct a preliminary assessment into a child’s mental and physical capacity to decide whether the child should be tried as an adult.

Many children continued to stay in institutions. Children accused of committing crimes often did not appear before juvenile justice boards for up to a year, and in many cases, children were required to stay in institutions for extended periods of time.

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

Jewish groups from the 4,650-member Jewish community cited no reports of anti-Semitic acts during the year.

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

Buying and selling of human organs are prohibited by the Transplantation of Human Organs Act. Organs can be donated to close relatives as well as others in need of transplantation for medical reasons after proper authorization.

In July, Assam police arrested three persons for trading in human organs – mainly kidneys harvested from approximately 12 victims. Other reports indicated almost 30 individuals may have been victims. Reports suggested that pandemic-induced financial hardship led villagers to fall prey to those involved in the organ trade.

Persons with Disabilities

The constitution does not explicitly mention disability. The law provides equal rights for persons with a variety of disabilities, and a 2016 law increased the number of recognized disabilities, including persons with Parkinson’s disease and victims of acid attacks. The law requires the government to provide persons with disabilities with unrestricted free access to physical infrastructure and public transportation systems.

The law states the government should take necessary measures for persons with disabilities to provide barrier-free access in government, private hospitals, and healthcare institutions.

The law further states the government shall take measures to provide: (1) facilities for persons with disabilities at bus stops, railway stations, and airports conforming to the accessibility standards relating to parking spaces, toilets, ticketing counters, and ticketing machines; (2) access to all modes of transport that conform with design standards including retrofitting old modes of transport, wherever technically feasible and safe for persons with disabilities, economically viable and without entailing major structural changes in design; and (3) accessible roads to address mobility necessary for persons with disabilities.

According to the National Center for Promotion of Employment for Disabled People (NCPEDP), only 494 state government buildings in 15 states were accessible by persons with disabilities. The Central Public Works Department has made 1,030 central government buildings accessible, while 603 railway stations and 44,153 buses were partially accessible by persons with disabilities.

The law establishes quotas of 3 percent of all educational seats and 4 percent of government jobs for persons with disabilities. The government allocated funds to programs and NGOs to increase the number of jobs filled. In 2017 a government panel decided that private news networks must accompany public broadcasts with sign language interpretations and closed captions to accommodate persons with disabilities.

Access to education continued to be a challenge for students with disabilities. During the pandemic the closure of schools led to an increase in the number of students with disabilities dropping out. According to NGOs the digital divide has led to increased exclusion of persons with disabilities due to lack of access to technology.

The law states that the appropriate government and local authorities shall endeavor that all educational institutions provide inclusive education to children with disabilities. Toward that end, they should: (1) admit them without discrimination and provide education and opportunities for sports and recreation activities equally with others; (2) make buildings, campuses, and facilities accessible; and (3) provide reasonable accommodation according to the individual’s requirement. According to the law, the government shall take measures to promote, protect, and ensure participation of persons with disabilities in adult education and continuing education programs equally with others.

Private-sector employment of persons with disabilities remained low, despite governmental incentives. Discrimination against persons with disabilities in employment, education, and access to health care was more pervasive in rural areas, and 45 percent of the country’s population of persons with disabilities were illiterate.

The Ministry of Health and Family Welfare estimated 25 percent of individuals with mental disabilities were homeless. Mainstream schools remained inadequately equipped with teachers trained in inclusive education, resource material, and appropriate curricula. Patients in some mental-health institutions faced food shortages, inadequate sanitary conditions, and lack of adequate medical care.

The NCPEDP reported the government allowed persons with disability to access COVID-19 vaccination services using the Unique Disability ID cards.

In May the NCPCR reported a total of 99 sexual abuse cases relating to children with disabilities had been registered from 2017 to 2020.

The estimated HIV prevalence has been declining since the epidemic’s peak in 2000 and has stabilized in recent years. According to the National AIDS Control Organization, there were approximately 70,000 newly diagnosed HIV infections in 2019. The epidemic persisted among the most vulnerable and high-risk populations that include female sex workers, men who have sex with men, transgender persons, and persons who inject drugs. UNAIDS 2018 data indicated new HIV infections were declining among sex workers and men who have sex with men, but stigma related to key populations continued to limit their access to HIV testing and treatment. The data showed 79 percent of individuals were aware of their HIV status and that 71 percent of individuals with HIV were receiving treatment.

According to the National AIDS Control Organization 2019 report, Maharashtra was estimated to have the highest number of new HIV infections, followed by Bihar, Uttar Pradesh, West Bengal, Gujarat, and Delhi.

The National AIDS Control Program prioritized HIV prevention, care, and treatment interventions for high-risk groups and advocated for the rights of persons with HIV. The National AIDS Control Organization worked actively with NGOs to train women’s HIV and AIDS self-help groups. Police engaged in programs to strengthen their role in protecting communities vulnerable to HIV.

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

NGO activists reported heightened discrimination and violence against the lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) community in the eastern area of the country during the COVID-19 lockdown.

LGBTQI+ persons faced physical attacks, and rape. LGBTQI+ groups reported they experienced widespread societal discrimination and violence, particularly in rural areas. Activists reported that transgender persons continued to face difficulty obtaining medical treatment. Some police officers committed crimes against LGBTQI+ persons and used the threat of arrest to coerce victims not to report the incidents. With the aid of NGOs, several states offered education and sensitivity training to police.

In June the Madras High Court ordered the state and union governments to draw up plans for reforms that protect sexual orientation and gender identity rights. The High Court recommended awareness training for government officials and police, separate housing for gender-nonconforming and transgender persons in prison, revocation of licenses from doctors who claim “cures” for homosexuality, and gender-neutral bathrooms at school and colleges.

On June 13, the Odisha state government began recruitment for police positions of candidates who self-identified as transgender. A Bhubaneswar-based transgender activist welcomed the move as one of the several protransgender policy decisions taken by the Odisha government in recent years.

On July 6, the Karnataka state government amended its civil services rules to enable a 1 percent quota of government jobs for transgender individuals to be filled through direct recruitment.

Societal violence based on religion and by religiously associated groups continued to be a serious concern. The National Crime Records Bureau reported 857 cases of communal (religious) offenses in 2020. Muslim communities in certain areas remained vulnerable to communal violence and discrimination. Media and NGO sources reported violence against Muslim communities continued during the year with cases of physical abuse, discrimination, forcible displacement, and lynching for suspected cow smuggling.

On March 15, a 14-year-old Muslim boy was beaten after entering a Hindu temple to drink water. Ghaziabad police arrested the caretaker who allegedly attacked the boy.

On June 11, Sher Khan, an Uttar Pradesh cattle trader, was killed over suspected cow smuggling.

On June 21, Alwar police arrested Nawal Kishor Sharma, a local leader of the Vishwa Hindu Parishad (Council), in connection with the 2018 attempted lynching of cattle trader Rakbar Khan, who later died in custody.

In August, Asrar Ahmad, a Muslim man, was beaten and forced to march while chanting a Hindu slogan in Kanpur, Uttar Pradesh. Police intervened and arrested three persons for rioting, criminal intimidation, and voluntarily causing hurt. The suspects were later released on bond.

State governments continued to pass laws intended to end forced religious conversion for the purpose of marriage. These “love jihad” laws seek to make forced religious conversion by marriage a criminal offense and have mainly targeted Muslim men attempting to marry Hindu women. Civil society groups criticized these laws as violating constitutional protections on freedom of religion, but some survey data suggested religious minority communities themselves sometimes expressed support for anticonversion measures.

Police reported more than 80 persons, mostly Muslim men, have been arrested for violation of an anticonversion law passed in Uttar Pradesh in February. In December 2020 the Madhya Pradesh state government passed similar legislation regulating interfaith couples and religious conversion. The Supreme Court declined legal petitions challenging the constitutionality of the Uttar Pradesh law, instead deferring the matter to a lower court. On November 18, the Allahabad High Court underscored the right of interfaith couples to marry without the approval of district officials in contravention to Uttar Pradesh’s anticonversion law and ordered district police to provide protection to 17 interfaith couples.

On August 19, the Gujarat High Court suspended six provisions the state government added to an existing anticonversion law, stating the mere act of an interfaith marriage cannot be treated as a forceful or “unlawful conversion by deceit or allurement.” Prior to the high court’s intervention, Gujarat police arrested several Muslim individuals under the amended provisions of the anticonversion law.

Human rights activists criticized actions by the Assam government evicting members of the Miya Muslim community to make way for an agriculture project. During the eviction on September 23, mosques were demolished, and police fired on protesters, killing two persons, including a 12-year-old boy.

Indonesia

Section 6. Discrimination and Societal Abuses

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.).

The law contains provisions specifically aimed at eliminating racial and ethnic discrimination, providing criminal penalties for individuals who discriminate on ethnic/racial grounds, as well as sentencing enhancements for violent actions that include a racial or ethnic motivation. The law defines hate speech as spreading hate against a race, tribe, religion, or group. The government generally applied hate speech law in cases related to race.

NGOs reported that persons of Melanesian descent, predominantly from Papua and West Papua, faced widespread discrimination throughout the country. Persons of Melanesian descent often faced police abuse (see sections 1.c., 1.g., and 2.b.)

In a January interview, former National Intelligence Agency chief General Hendropriyono suggested that two million Papuans should be resettled away from their homeland so that they would be “racially separate from the Papuans in Papua New Guinea” and feel more Indonesian.

In January Ambroncius Nababan, chairman of the pro-president Widodo Projamin Volunteer Organization, used racist language and images of a gorilla to attack Natalius Pigai, former human rights commissioner and an ethnic Papuan, over Pigai’s criticism of the Sinovac COVID-19 vaccine.

An Amnesty International report covering protests in July and August related to the extension and revision of special autonomy found that police officers involved in arresting or causing injury to Papuan protesters had referred to them as “monkeys.”

Papuan activists emphasized that although Papua and West Papua are rich in natural resources, the local Melanesian population has historically not fully benefitted from these resources and much of the local economy has long been controlled by non-Melanesians. Statistics Indonesia, a government agency, reported that in 2020 the provinces of Papua and West Papua had the lowest Human Development Index and highest poverty rate of the country’s 34 provinces. On July 15, the House of Representatives unanimously passed a bill extending special autonomy for the provinces of Papua and West Papua, which included an increase in the yearly allocation of government funds to Papua from 2 to 2.25 percent of the national budget intended to address this inequality. Opponents of this bill claimed the economic benefits of this increase would disproportionately benefit non-Melanesians.

The government viewed all citizens as “indigenous” but recognized the existence of several “isolated communities” and their right to participate fully in political and social life. The Indigenous Peoples’ Alliance of the Archipelago estimated that between 50 and 70 million indigenous persons were in the country. These communities include the Dayak tribes of Kalimantan, families living as sea nomads, and the 312 officially recognized indigenous groups in Papua. Indigenous persons, most notably in Papua and West Papua, were subjected to discrimination.

There was little improvement in respect for indigenous persons’ traditional land rights and access to ancestral lands remained a major source of tension throughout the country. The government failed to prevent companies, often in collusion with local military and police units, from encroaching on indigenous peoples’ land. Central and local government officials were also alleged to have extracted kickbacks from mining and plantation companies in exchange for land access at the expense of indigenous peoples.

Mining and logging activities, many of them illegal, posed significant social, economic, and legal problems for indigenous communities. Melanesians in Papua cited racism and discrimination as drivers of violence and economic inequality in the region.

NGOs reported that as of January, only approximately 193 square miles of a proposed 38,610 square miles has been granted to local indigenous groups. These hutan adat (customary forest) land grants are specifically designated for indigenous groups. Nevertheless, large corporations and the government continued to displace individuals from ancestral lands. NGOs reported that security forces and police sometimes became involved in disputes between corporations and indigenous communities, often taking the side of the businesses.

From January 2020 to March 2021, Amnesty International reported 61 cases of indigenous community members arrested without due process of law – a trend the NGO identified as an attempt to criminalize indigenous community’s efforts to maintain their customary rights.

In May the West Papua government rescinded 12 licenses held by companies operating palm oil plantations in the province. The 12 licenses covered a total of 1,034 square miles. The recensions came after the provincial government collaborated with the Corruption Eradication Commission and the NGO EcoNusa to review 24 palm oil license holders for administrative and legal violations.

On May 18, security personnel from PT Toba Pulp Lestari clashed with thousands of residents in Toba Regency, North Sumatra, injuring dozens of residents. The confrontation started because of the company’s plans to plant eucalyptus trees on 2.3 square miles claimed by the local indigenous community as customary land. The conflict was part of a long-standing dispute. From 2020 to May 2021, PT Toba Pulp Lestari reported 71 members of the local indigenous community to police for a variety of offenses.

In June Human Rights Watch released an in-depth report on the operations of PT Sintang Raya’s palm oil plantations and the company’s disputes with the local indigenous community in Kubu Raya Regency, West Kalimantan Province. The report stated that government “authorities have done very little to mediate and resolve disputes” about land ownership.

Birth Registration: Citizenship is derived through the citizenship of one’s parents. If citizenship of the parents cannot be determined, or the parents lack citizenship, citizenship can be acquired by birth in national territory.

The law prohibits fees for legal identity documents issued by the civil registry. Nevertheless, NGOs reported that in some districts local authorities did not provide free birth certificates.

Education: Although the constitution states that the government must provide tuition-free education, it does not cover fees charged for schoolbooks, uniforms, transportation, and other nontuition costs. The Ministry of Education and Culture, representing public and private schools, and the Ministry of Religious Affairs for Islamic schools and madrassahs, operated a system giving students from low-income families a financial grant for their educational needs. Nonetheless, high poverty rates nationwide put education out of reach for many children.

According to the Ministry of Women’s Empowerment and Child Protection’s 2019 Children Profile Report, approximately 10.9 million children ages five to 17 had not attended school and 3.2 million children had dropped out of school.

Child Abuse: The law prohibits child abuse, but NGOs criticized the slow police response to such allegations. The law also addresses economic and sexual exploitation of children. Some provincial governments did not enforce these provisions. In April, six female primary school students alleged their school principal had sexually assaulted them in Medan, North Sumatra. In May the principal was arrested and named as a suspect by police. In May a Quran teacher in Bekasi, West Java Province, was arrested for allegedly molesting a 15-year-old female student in a mosque where he worked.

Child, Early, and Forced Marriage: The minimum marriage age for women and men is 19. Exceptions to the minimum age requirements are allowed with court approval. The courts officially permitted more than 33,000 child marriages with parental consent between January and June 2020, with 60 percent of these involving individuals younger than 18. Children’s rights activists are concerned that increased economic pressure from COVID-19 may be leading parents to resort to child marriage to reduce the economic burden on their households. The National Statistics Agency reported in 2018 that approximately 11 percent of girls in the country married before the age of 18. Provinces with the highest rates of early marriage include West Sulawesi, Central Kalimantan, Southeast Sulawesi, South Kalimantan, and West Kalimantan. The main drivers of early marriage were poverty, cultural tradition, religious norms, and lack of sexual reproductive-health education.

The reduction of child marriage is one of the targets set in the National Mid-Term Development Plan 2020-2024. The government aimed to reduce new child marriages to 8.7 percent of all marriages by 2024.

Sexual Exploitation of Children: The law forbids consensual sex outside of marriage with girls younger than 15. It does not address heterosexual conduct between women and boys, but it prohibits same-sex sexual conduct between adults and minors.

The law prohibits the commercial sexual exploitation of children and the use of children in illicit activities. It also prohibits child pornography and prescribes a maximum sentence of 12 years and a substantial fine for producing or trading in child pornography.

According to 2016 data, the most recent available from the Ministry of Social Affairs, there were 56,000 underage sex workers in the country; UNICEF estimated that nationwide 40,000 to 70,000 children were victims of sexual exploitation and that 30 percent of female commercial sex workers were children.

In February media reported that an online matchmaking service named Aisha Weddings promoted services for those between the ages of 12 and 21 on its website and advertised unregistered and polygamous marriages. The website was blocked soon after being reported. Police stated that the website was registered in a foreign country.

From April to July, a mosque administrator allegedly sexually abused 16 children in Makassar, South Sulawesi Province in the mosque. The administrator paid the victims 10 to 20 thousand IDR ($0.70 to $1.40) to agree to engage in the sexual acts. In August police arrested the man, who faces up to 15 years in prison if convicted.

Displaced Children: Ministry of Social Affairs data from December 2020 estimated there were 67,368 street children in the country. The government continued to fund shelters administered by local NGOs and paid for the education of some street children.

Institutionalized Children: The Ministry of Social Affairs reported that in 2019 183,104 children were registered in its Integrated Social Welfare Data system, of whom 106,406 were residing in 4,864 child welfare institutions; 76,698 were in family placement.

In August two orphan children at the al-Amin Orphanage in Gresik Regency, East Java Province, were abused by the son of the orphanage’s administrator. The abuser used a wire to beat the two children, aged 10 and 11. The incident was reported to police.

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.

The country’s Jewish population was extremely small, estimated at approximately 200. There were no significant reports of anti-Semitism, but studies in recent years indicated a high level of anti-Semitic sentiment, often linked with strong anti-Israeli sentiment.

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

Persons with Disabilities

The law prohibits discrimination against persons with physical and mental disabilities and mandates accessibility to public facilities for persons with disabilities. The law applies to education, employment, health services, transportation, and other state services but was seldom enforced. Comprehensive disability rights law provisions impose criminal sanctions for violators of the rights of persons with disabilities. Persons with disabilities were disproportionately affected by the COVID-19 crisis. They had difficulties accessing information on the pandemic, following virus-related public health strategies, and receiving health care from service providers.

According to Ministry of Women’s Empowerment and Child Protection data from 2019, approximately 650,000 children ages two to 17 have disabilities. There was no reliable data on their access to education, but observers believed it was low.

According to the General Election Commission, there were potentially 137,247 voters with disabilities out of 105 million voters registered to vote in the 2020 regional head elections. The law provides persons with disabilities the rights to vote and run for office, and election commission procedures provide for access to the polls for voters with disabilities.

Despite a government ban, NGOs reported that families, traditional healers, and staff in institutions continued to shackle individuals with psychosocial disabilities, in some cases for years. The government continued to prioritize elimination of this practice. During the COVID-19 pandemic, the practice of shackling increased, after declining for several years. According to Ministry of Health data, in the year prior to the pandemic there were 5,227 cases of shackling nationwide, but during the pandemic the number increased to 6,278 by the end of 2020, with the largest increase coming in East Java Province where the number of cases jumped from 961 to 2,302. NGOs noted a lack of public awareness of the issue.

The stigmatization of and discrimination against persons with HIV or AIDS were pervasive, despite government efforts to encourage tolerance. Societal tolerance varied widely and official fear of a backlash from religious conservatives often resulted in muted prevention efforts. Societal barriers to accessing antiretroviral drugs and their expense put these drugs beyond the reach of many. Persons with HIV or AIDS reportedly continued to face employment discrimination. Closer collaboration between the Ministry of Health and civil society organizations increased the reach of the government’s awareness campaign; however, some clinics refused to provide services to persons with HIV or AIDS.

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

No national law criminalizes same-sex sexual conduct, except between adults and minors. NGOs reported numerous cases of local government regulations that define same-sex sexual conduct as a form of sexual deviance. Aceh’s sharia makes consensual same-sex sexual conduct illegal and punishable by a maximum of 100 lashes, a considerable fine, or a 100-month prison term. According to Aceh’s sharia agency chief, at least four witnesses must observe individuals engaging in consensual same-sex sexual conduct for them to be charged. Local organizations held anti-LGBTQI+ protests. NGOs reported that fear of prosecution under Aceh’s sharia at times caused LGBTQI+ activists to flee the province, sometimes permanently. Producing media depicting consensual same-sex sexual conduct – vaguely and broadly defined in the law – can be prosecuted as a crime under the antipornography act. Penalties include potentially extremely large fines and imprisonment from six months to 15 years, with heavier penalties for crimes involving minors.

In August a military tribunal in North Kalimantan dismissed a soldier from service and sentenced him to seven months in prison for having same-sex intercourse. The judges stated that the soldier had violated military regulations against immorality and LGBTQI+ activities.

Antidiscrimination law does not protect LGBTQI+ individuals, and discrimination and violence against LGBTQI+ persons continued. Families often put LGBTQI+ minors into conversion therapy, confined them to their homes, or pressured them to marry persons of the opposite sex.

According to media and NGO reports, local authorities harassed transgender persons, including by forcing them to conform to cultural standards of behavior associated with their biological sex or to pay bribes following detention. In many cases, officials failed to protect LGBTQI+ persons from societal abuse. Police corruption, bias, and violence caused LGBTQI+ persons to avoid interaction with police. Officials often ignored formal complaints by victims and affected persons, including refusing to investigate bullying directed at LGBTQI+ individuals. In criminal cases with LGBTQI+ victims, police investigated the cases reasonably well, as long as the suspect was not affiliated with police. Human Rights Watch Indonesia noted anti-LGBTQI+ rhetoric in the country has increased since 2016.

In 2020 Hendrika Mayora Kelan was elected to head of the consultative body of a small village in East Nusa Tenggara Province, becoming the country’s first transgender public official.

Transgender persons faced discrimination in employment and access to public services and health care. NGOs documented government officials’ refusal to issue identity cards to transgender persons. NGOs reported that transgender individuals sometimes faced problems in getting COVID-19 vaccinations due to the lack of identity documents. The law only allows transgender individuals officially to change their gender after the completion of sex reassignment surgery. Some observers claimed the process was cumbersome and degrading because it is permissible only in certain undefined special circumstances and requires a court order declaring that the surgery is complete. In June the Ministry of Home Affairs announced that it would start providing electronic identity cards to transgender individuals; however, the name and gender on the card would remain those given at birth, absent a court order showing a change of name or gender.

LGBTQI+ NGOs operated but frequently held low-key public events because the licenses or permits required for holding registered events were difficult to obtain or they were pressured by police not to hold such events to avoid creating “social unrest.”

Individuals diagnosed with or suspected of having the COVID-19 virus faced discrimination in their communities.

Individuals suspected of using black magic were often targets of violence. In May prisoners in Merauke, Papua, killed two ethnic Marind prisoners accused of using magic to curse other prisoners. In May, three men killed a farmer in the Kangean Islands for his suspected use of magic to kill a woman.

Morocco

Section 6. Discrimination and Societal Abuses

Rape and Domestic Violence: The law punishes individuals convicted of rape with prison terms of five to 10 years; when the conviction involves a minor, the prison sentence ranges from 10 to 20 years. Spousal rape is not a crime. A 2018 law provides a stronger legal framework to protect women from violence, sexual harassment, and abuse. Under the law a sexual assault conviction may result in a prison sentence of six months to five years and a fine. For insults and defamation based on gender, an individual may be fined up to 60,000 Moroccan dirhams for insults and up to 120,000 Moroccan dirhams for defamation ($6,300 to $12,600). General insult and defamation charges remain in the penal code. The law requires the DGSN, Prosecutor General’s Office, Supreme Judicial Court, and Ministries of Health, Youth, and Women to have specialized units that coordinate with one another on cases involving violence against women. These specialized units receive and process cases of gender-based violence and provide psychological support and other services to victims. In 440 precincts where gender-based violence response units have not been established, a regular police officer was designated to process the cases.

The COVID-19 pandemic saw a spike in domestic abuse because of isolation measures. The government and NGOs expanded programming and outreach that provided shelter, assistance, and guidance for survivors of domestic abuse. According to the Public Prosecutor’s Office, the government adopted protective measures, such as shelters, for survivors of domestic violence in the first half of the year. On May 28, the government adopted a bill to create a national registry for social support programs for women and children. Several NGOs adapted services provided to survivors of domestic violence, providing hotlines, shelter, resources, guidance, and legal support.

There were reports, however, that these shelters were not accessible to persons with disabilities. Courts maintained “victims of abuse cells” that brought together prosecutors, lawyers, judges, women’s NGO representatives, and hospital personnel to review domestic and child abuse cases to provide for the best interests of women or children.

According to local NGOs, survivors did not report the vast majority of sexual assaults to police due to social pressure and the concern that society would most likely hold the survivors responsible. Some sexual assault survivors also reported police officers at times turned them away from filing a police report or coerced them to pay a bribe to file the report by threatening to charge them with consensual sex outside of marriage, a crime punishable with up to one year in prison. Police selectively investigated cases; among the minority brought to trial, successful prosecutions remained rare.

The law does not specifically define domestic violence against women and minors, but the general prohibitions of the criminal code address such violence. Legally, high-level misdemeanors occur when a survivor’s injuries result in 20 days of disability leave from work. Low-level misdemeanors occur when a survivor’s disability lasts for less than 20 days. According to NGOs, the courts rarely prosecuted perpetrators of low-level misdemeanors. Police were slow to act in domestic violence cases, and the government generally did not enforce the law and sometimes returned women against their will to abusive homes. Police generally treated domestic violence as a social rather than a criminal matter. Physical abuse was legal grounds for divorce, although few women reported such abuse to authorities.

In January 2020 media reported that 20 suspects kidnapped “Oumaima,” a 17-year-old girl, in the Moulay Rachid district (in Casablanca) and then gang raped and abused her for 25 days before she convinced a friend of the perpetrators to assist in her escape. According to the victim’s mother, during confinement, the perpetrators forced the girl to ingest toxic substances to try to kill her. The girl was hospitalized after her escape. The investigation continued.

Sexual Harassment: Sexual harassment is a crime punishable by up to six months in prison and a fine up to 10,000 Moroccan dirhams ($1,000) if the offense takes place in a public space or by insinuations through texts, audio recording, or pictures. In cases where the harasser is a coworker, supervisor, or security official, the sentence is doubled. Prison sentences and fines are also doubled in cases where a spouse, former spouse, fiance, or a family member commits harassment, physical violence, abuse, or mistreatment, or breaks a restraining order, or if the victim is a minor. Civil society leaders stated they did not observe efforts by the government to enforce the law or provide training on the new law for judicial or law enforcement officials.

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

Individuals and couples have the right to decide the number, spacing, and timing of their children; manage their reproductive health; and have access to the information and means to do so, free from discrimination, coercion, or violence. Authorities generally did not discriminate against women in accessing sexual and reproductive health care, including for sexually transmitted infections. Contraception is legal, and most forms were widely available. According to the Population Reference Bureau, the country has invested in increasing the availability of voluntary family planning services, expanding and improving maternal health care, and providing for access to obstetric care by eliminating fees.

The contraceptive pill was available over the counter, without a prescription. Skilled health attendance at delivery and postpartum care were available for women who could afford it, with approximately 75 percent of overall births attended by skilled health personnel.

The country’s maternal mortality rate between 1997 and 2018 declined by 68 percent according to the UN Population Fund. The most recent World Health Organization statistics showed there were approximately 70 maternal deaths per 100,000 live births in the country in 2017 and that 37 percent of women between the ages of 15 and 49 used a modern method of contraception in 2019. The major factors influencing maternal mortality and contraceptive prevalence rates were female illiteracy, lack of knowledge about availability of services, cost of services, social pressure against contraceptive use, and limited availability of transportation to health centers and hospitals for those in rural areas. While a 2018 law strengthened penalties for violence against women (see Section 6, Women) and required certain government agencies establish units to provide psychological support and other services to victims of gender-based violence, Human Rights Watch assessed at the time of the law’s passage that it did not sufficiently define the government’s role in providing services to victims. The government responded that it provides services to survivors of sexual assault via the UN Population Fund.

Discrimination: While the constitution provides women equal rights with men in civil, political, economic, cultural, and environmental affairs, laws favor men in property and inheritance. Numerous problems related to discrimination against women remained, including inadequate enforcement of equal rights provided for by the laws and constitution.

According to the law, women are entitled to a share of inherited property, but a woman’s share of inheritance is less than that of a man. Women are generally entitled to receive one-half the inheritance a man would receive in the same circumstances. A sole male heir would receive the entire estate, while a sole female heir would receive one-half the estate with the rest going to other relatives.

Since 2019 the law allows female heirs to inherit, and be titled as owners of, those lands.

The family code places the family under the joint responsibility of both spouses, makes divorce available by mutual consent, and places legal limits on polygamy. Implementation of family law reforms remained a problem. The judiciary lacked willingness to enforce them, as many judges did not agree with their provisions. Corruption among working-level court clerks and lack of knowledge about the law’s provisions among lawyers were also obstacles to enforcing the law.

The law requires equal pay for equal work, although in practice this did not occur.

The majority of the population, including some members of the royal family, claimed some Amazigh heritage. Many of the poorest regions in the country, particularly the rural Middle Atlas region, were predominantly Amazigh and had illiteracy rates higher than the national average. Basic governmental services in this mountainous and underdeveloped region were lacking.

On May 31, media reported that local authorities in Kenitra had refused to register the birth of his daughter with an Amazigh name. On August 25, after review by the Ministry of the Interior, the name was permitted and evaluated according to national standards.

Amazigh cultural groups contended they were rapidly losing their traditions and language to Arabization. Amazigh materials were available in news media and, to a much lesser extent, educational institutions. The government provided television programs in the three national Amazigh dialects of Tarifit, Tashelhit, and Tamazight. According to regulations, public media are required to dedicate 30 percent of broadcast time to Amazigh language and cultural programming. According to Amazigh organizations, however, only 5 percent of broadcast time was given to Amazigh language and culture.

Birth Registration: The law permits both parents to pass nationality to their children. The law establishes that all children have civil status regardless of their family status. There were, nonetheless, cases in which authorities denied identification papers to children because they were born to unmarried parents, particularly in rural areas or in the cases of poorly educated mothers unaware of their legal rights.

Education: The government offered Tamazight language classes in some schools. Although the palace-funded Royal Institute of Amazigh Culture created a university-level teacher-training program to address the shortage of qualified teachers, Amazigh NGOs contended that the number of qualified teachers of regional dialects of Amazigh languages continued to decrease. The government reported, however, that the number of teachers employed to teach the official national Amazigh language has increased. Instruction in the Amazigh language is mandatory for students at the Ministry of Interior’s School for Administrators.

Child Abuse: NGOs, human rights groups, media outlets, and UNICEF claimed child abuse was widespread. According to the government, during the year 3,600 cases were investigated for criminal offenses associated with 5,699 reported cases of child abuse. Prosecutions for child abuse were extremely rare. Some children’s rights NGOs expressed concerns regarding the lack of legislation to prosecute cases involving incest.

Child, Early, and Forced Marriage: The legal age for marriage is 18, but parents may secure a waiver from a judge for underage marriage. The government maintained a national awareness-raising campaign against the marriage of minors.

Sexual Exploitation of Children: The age of consent is 18. The law prohibits commercial sexual exploitation, sale, offering or procuring commercial sex, and practices related to child pornography. Penalties for sexual exploitation of children under the criminal code range from two years to life imprisonment and monetary fines.

On April 28, police arrested a teacher suspected of raping 11 minors in the commune of Sidi Ali in Errachidia. The parents of 12 students filed the complaint. In October the court sentenced the teacher to 20 years in prison and a fine of 40,000 Moroccan dirhams ($4,200).

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings .

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.

The constitution recognizes the Jewish community as part of the country’s population and guarantees everyone the freedom to “practice his religious affairs.” Community leaders estimated the size of the Jewish population at 3,500. Overall, there appeared to be little overt anti-Semitism, and the Jewish community generally lived in safety.

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

Persons with Disabilities

The law prohibits discrimination against persons with disabilities in employment, education, and access to health care. The law also provides for regulations and building codes that provide for access for persons with disabilities. In general, the government did not effectively enforce or implement these laws and regulations. While building codes enacted in 2003 require accessibility for all persons, the codes exempt most pre-2003 structures, and authorities rarely enforced them for new construction. Most public transportation was inaccessible to persons with disabilities, although the national rail system offered wheelchair ramps, accessible bathrooms, and special seating areas. Government policy provides that persons with disabilities should have equal access to information and communications. Special communication devices for persons with visual or audio disabilities were not widely available.

The Ministry of Family, Solidarity, Equality, and Social Development has responsibility for protecting the rights of persons with disabilities and attempted to integrate persons with disabilities into society by implementing a quota of 7 percent for persons with disabilities in vocational training in the public sector and 5 percent in the private sector. Both sectors were far from achieving the quotas. The government maintained more than 400 integrated classes for children with learning disabilities, but private charities and civil society organizations were primarily responsible for integration.

Persons with HIV and AIDS faced discrimination and had limited treatment options. UNAIDS reported that some health-care providers were reluctant to treat persons with HIV and AIDS due to fear of infection. According to UNAIDS, treatment coverage increased from 16 percent in 2010 to 48 percent in 2016, and the National Strategic Plan 2017-2021 commits the country to reduce new infections among key and vulnerable populations, eliminate mother-to-child transmission of HIV, reduce AIDS-related deaths, confront discrimination, and strengthen governance for an efficient response. Although overall objectives in the National Strategic Plan were achieved, the testing campaigns for affected individuals were delayed because of COVID-19. As a result, the National Strategic Plan was extended to 2023.

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

The law criminalizes consensual same-sex sexual activity, with a maximum sentence of three years in prison for violations. According to a report by the Prosecutor General’s Office released in 2020, the state prosecuted individuals in 2020 for same-sex sexual activity. Media and the public addressed questions of sexuality, sexual orientation, and gender identity more openly than in previous years. According to some human rights organizations, lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) victims of violence in high-profile cases from previous years continued to be harassed when recognized in public.

In November 2020 an artist was arrested while filing a complaint against an individual for harassment and homophobia. According to the government, his detention did not have to do with his sexual identity, but rather related to violating COVID-19 restrictions. His next hearing was scheduled for September. Antidiscrimination laws do not apply to LGBTQI+ persons, and the penal code does not criminalize hate crimes. There was a stigma against LGBTQI+ persons, including some reports of overt discrimination based on sexual orientation or gender identity in employment, housing, and health care.

Netherlands

Section 6. Discrimination and Societal Abuses

Rape and Domestic Violence: The law in all parts of the kingdom criminalizes rape for both men and women, including spousal rape, and domestic violence. The penalty in the Netherlands for rape is imprisonment not exceeding 12 years, a substantial fine, or both. In the case of violence against a spouse, the penalty for various forms of abuse can be increased by one-third. On Aruba, Curacao, and Sint Maarten, the penalty for rape is imprisonment not exceeding 15 years, a substantial fine, or both. Authorities effectively prosecuted such crimes.

The government estimated that each year, approximately 200,000 persons are confronted with serious and repeated domestic violence. Authorities used various tools to tackle and prevent domestic violence, including providing information, restraining orders for offenders, and protection of victims. Reliable crime statistics were not available for the islands.

The governmental Central Bureau of Statistics reported in September that one in five young persons between the ages of 16 and 24 had been a victim of domestic violence between March 2019 and April 2020. The bureau report identified girls were more vulnerable than boys and men were more likely to commit domestic violence, included physical and verbal attacks.

The government continued funding for Safe Home, a knowledge hub and reporting center for domestic abuse with 26 regional branches, as the national platform to prevent domestic violence and support victims. The center operated a national 24/7 hotline for persons affected by domestic violence. The government supported the organization Movisie, which assisted survivors of domestic and sexual violence, trained police and first responders, and maintained a website on preventing domestic violence.

Other Harmful Traditional Practices: Honor-related violence is treated as regular violence for the purposes of prosecution and does not constitute a separate offense category. Laws against violence were enforced effectively in honor-related violence cases, and survivors were permitted to enter a specialized shelter.

Sexual Harassment: The law penalizes acts of sexual harassment throughout the kingdom and was enforced effectively. The penalty in the Netherlands is imprisonment not exceeding eight years, a substantial fine, or both. The law requires employers to protect employees against aggression, violence, and sexual intimidation. In the Netherlands complaints against employers who failed to provide sufficient protection can be submitted to the NIHR. Victims of sexual assault or rape in the workplace can report the incidents to police as criminal offenses.

On Curacao the Victims Assistance Foundation assists survivors. On Sint Maarten there was no central institution handling sexual harassment cases. According to the law, substantive civil servant law integrity counselors must be appointed for each ministry. These integrity counselors advise civil servants on integrity matters, and the responsible minister must act on the complaint. Aruban law states the employer shall ensure the employee is not sexually harassed in the workplace. Employers are required to keep the workplace free from harassment by introducing policies and enforcing them. Sint Maarten and Curacao also have laws prohibiting stalking.

The Sint Maarten government established a victim support unit. Sexual harassment also qualifies as a criminal offense, in which case prosecution is possible and persons are eligible to receive support.

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

Some religious and cultural communities discouraged premarital sex, the use of contraception, or both. Although no government policies or legal, social, or cultural barriers adversely affect access to skilled health attendance during pregnancy and childbirth in the Dutch Caribbean islands, there are barriers on Aruba and Curacao for the large population of undocumented migrants that do not have access to the public health insurance system. Migrants, however, do have access to generalized medical care. Hospitals provided medical emergency assistance, including regarding birth and accidents, to all.

On July 28, an Arnhem court ruled that the in vitro fertilization (IVF) tax benefit should also be available to same-sex couples and called upon politicians to adjust the law, which only allows the benefit on the grounds of a medical issue. The case involved the tax authority’s denial of a request from a same-sex male couple – both of whom were found fertile – for the IVF tax benefit for their surrogate’s treatment outside the country. The court stated that the law was discriminatory as same-sex male couples required additional services, such as surrogacy and IVF, for biological reproduction.

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

Discrimination: Under the law women throughout the kingdom 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 governments enforced the law effectively, although there were some reports of discrimination in employment (see section 7.d., Discrimination with Respect to Employment and Occupation).

The laws throughout the kingdom prohibit racial, national, or ethnic discrimination, and the government enforced these prohibitions effectively.

Various monitoring bodies in the Netherlands reported that in 2020 there were more reports of discrimination than in 2019. In total, various organizations received more than 17,000 complaints, an increase of 6,000 compared to 2019. Police registered 6,141 discrimination incidents in 2020, 12 percent more than in 2019. According to various monitoring bodies, the largest percentage (43 percent) of incidents of discrimination registered with police in 2020 had to do with a person’s origin, including color and ethnicity. Almost all these incidents concerned persons of non-Western backgrounds, including Turkish, Moroccan, and East Asian persons. Police reported that, of these incidents, 14 percent involved physical violence, although in most cases this did not go beyond pushing and shoving. Approximately 20 percent of the reports received by antidiscrimination agencies concerned the labor market. Examples include discrimination experienced during the recruitment process or by colleagues or clients.

According to the NIHR, discrimination on racial and ethnic grounds occurred in virtually every sphere (see also Other Societal Violence or Discrimination in this section). On September 28, Minister for Interior Affairs and Kingdom Relations Kajsa Ollongren appointed Rabin Baldewsingh as the Netherlands’ first national coordinator on racism and discrimination. In this role, Baldewsingh is expected to work with the cabinet to create a multiyear national program against discrimination and coordinate with stakeholders including the national coordinator for countering anti-Semitism.

The ad hoc national Advisory Board on Slavery History (Advisory Board) presented recommendations for Minister Ollongren’s consideration, including recognizing Keti Koti (break the chains) as a national holiday and issuing a national apology during its July 1 celebrations, which commemorate the emancipation of slaves in the Dutch Caribbean and Suriname. On the same day, Mayor Femke Halsema issued her own apology on behalf of Amsterdam, the first of several cities considering such a move after studying their own slavery histories. Societal and political divisions, however, abound regarding the sensitive issue of a national apology, with many citizens believing an apology is unnecessary. The city of Utrecht published its report on June 30 outlining how the city was directly involved in and benefited from slavery. On June 28, the city of The Hague announced it would begin an investigation into its own slavery history to be completed in 2022. The cities of Amsterdam and Rotterdam identified their links to slavery, respectively, in September and October 2020.

Another source of debate on racism was the traditional figure of Black Pete, the assistant to St. Nicholas during the annual celebration for children on December 5. For years antiracism campaigners protested the Black Pete tradition of blackface as an offensive relic of colonial times. Meanwhile, more communities discontinued blackface Black Pete in the traditional St. Nicholas parades; major department stores and online retailers stopped selling products showing the blackface Black Pete image. Media noted that “sooty” Petes had replaced blackface Petes in most municipalities, citing a survey of more than 210 municipalities, in which 123 chose “sooty” Petes and 10 reported choosing to keep traditional Black Petes. A 2017 survey found 239 municipalities chose the traditional Black Pete compared to 19 “sooty” Petes. YouTube announced in November it would not ban portrayals of Black Pete in blackface but would continue its policy of prohibiting monetization via advertising of this type of portrayal.

On September 22, a municipal court in The Hague ruled that the use of a travelers’ ethnicity to make screening determinations by the Royal Marechaussee, the military police responsible for border control, was not discriminatory if other risk indicators were present. The lawyer of the coalition of plaintiffs, including Amnesty International, characterized the ruling as a “missed opportunity for the Netherlands” and filed an appeal. In November the Royal Marechaussee stated it would end this practice.

In the Netherlands police received training on avoiding ethnic or racial profiling, although Amnesty International stated ethnic profiling by police continued to be a concern. The government put into place more effective procedures to process reports of discrimination and assist victims, including an independent complaints committee.

Birth Registration: Throughout the kingdom citizenship can be derived from either the mother or the father, but not through birth on the country’s territory. Births are registered promptly.

Child Abuse: There are laws against child abuse throughout the kingdom. A multidisciplinary task force in the Netherlands acts as a knowledge hub and facilitates interagency cooperation in combatting child abuse and sexual violence. The children’s ombudsman headed an independent bureau that safeguards children’s rights and calls attention to abuse. Physicians are required to report child abuse to authorities.

Aruba has a child abuse reporting center. On Curacao, while physicians were not required to report to authorities instances of abuse they encountered, hospital officials reported indications of child abuse to authorities. On Sint Maarten the law addresses serious offenses against public morality, abandonment of dependent persons, serious offenses against human life, and assault that apply to child abuse cases.

The Public Prosecutor Offices in the Dutch Caribbean provide information to victims of child abuse concerning their rights and obligations in the juvenile criminal law system.

Child, Early, and Forced Marriage: The legal minimum age for marriage is 18 in all parts of the kingdom. In the Netherlands and on Aruba, there are two exceptions: if the persons concerned are older than 16 and the girl is pregnant or has given birth, or if the minister of justice and security in the Netherlands or the minister of justice on Aruba grants a dispensation based on the parties’ request.

Sexual Exploitation of Children: Throughout the kingdom, the law prohibits commercial sexual exploitation of children as well as production, possession, and distribution of child pornography, and authorities enforced the law. The age of consent is 16 throughout the kingdom.

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

The Liberal Jewish Community, the largest Jewish community in the Netherlands, estimated the Jewish population in the Netherlands at 40,000 to 50,000.

In April the NGO Center for Information and Documentation on Israel (CIDI), the main chronicler of anti-Semitism in the Netherlands, reported 135 anti-Semitic incidents in 2020, lower than in 2019 when a spike of 182 incidents was registered. CIDI posited that the statistics were somewhat distorted due to the impact of pandemic-related lockdowns and the lack of large public gatherings, which decreased the total number of all types of physical interactions. CIDI explained that most anti-Semitic incidents occurred in public when individuals were recognized as being Jewish. CIDI stated the number of anti-Semitic incidents online rose during the pandemic.

Common incidents included vandalism, physical abuse, verbal abuse, and hate emails. The most common form of vandalism was swastikas scratched or painted on cars, walls, or buildings, sometimes in combination with a Star of David or slogans such as “Heil Hitler.” Persons recognized as Jewish because of their religious attire were targeted occasionally in direct confrontations. A significant percentage of anti-Semitic incidents concerned calling somebody a “Jew” as a common derogatory term. CIDI reported no violent confrontations in 2020, as compared to one incident in 2019. CIDI also noted that 2020 saw a steep rise in the number of conspiracy theories and theorists, both on social media and in public, which portrayed members of the Jewish community as the cause or beneficiaries of the coronavirus pandemic. In one case, a Dutch-run website referred to the conspiracy theory that the Jewish community maintained control over the world through the pandemic.

CIDI claimed registered incidents were likely only a small portion of the number of all incidents and pointed to research by the EU Fundamental Rights Agency in 2018 that concluded only 25 percent of Jews who were victims of anti-Semitism in the past five years reported incidents or filed complaints to police.

Acts of anti-Semitism accounted for 19 percent of all discrimination incidents reported to the Public Prosecutor’s Office in 2020, compared to 40 percent in 2019. CIDI and police stated that one explanation for the decrease was that soccer games were played without an audience due to the COVID-19 measures. In 2019, three-quarters of anti-Semitic incidents reviewed by the Prosecutor’s Office’s National Expertise Center for Discrimination and police involved anti-Semitic statements and chants by soccer fans, mostly concerning the Amsterdam soccer team Ajax, whose fans and players were nicknamed “Jews.”

In 2020 the government-sponsored but editorially independent Registration Center for Discrimination on the Internet reported that it received 40 complaints of Dutch-language anti-Semitic expressions on the internet, which constituted 5 percent of all reported discriminatory expressions it received that year but were fewer than in the previous year. The organization gave no explanation for the decrease. CIDI did not report complaints of anti-Semitic expressions on the internet.

Dutch government ministers regularly met with the Jewish community to discuss appropriate measures to counter anti-Semitism. Government efforts included raising the problem of anti-Semitism within the Turkish-Dutch community, setting up a national help desk, organizing roundtables with teachers, reaching out to social media groups, promoting an interreligious dialogue, and conducting a public information campaign against discrimination and anti-Semitism.

The government’s first national coordinator on countering anti-Semitism, Eddo Verdoner, began his duties on April 1. The national coordinator reports directly to the minister of justice and security and works to strengthen cooperation between government and civil society stakeholders in combating anti-Semitism. Following parliamentary motions calling for the extension of the coordinator’s original mandate, the government announced in December it would fund the position for the coming five years.

The government, in consultation with stakeholders, also established measures to counter harassing and anti-Semitic chanting during soccer matches. The Anne Frank Foundation continued to manage government-sponsored projects, such as the “Fan Coach” project to counter anti-Semitic chanting and the “Fair Play” project to promote discussion on discrimination. The government assisted local organizations with projects to combat anti-Semitism by providing information and encouraging exchange of best practices among key figures from the Jewish and Muslim communities.

The Jewish populations in the Dutch Caribbean are small. There were no reports of anti-Semitic acts there.

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

Persons with Disabilities

In the Netherlands the law requires equal access to employment, education, health services, transportation, housing, and goods and services. It requires that persons with disabilities have access to public buildings, information, and communications, and it prohibits making a distinction in supplying goods and services. The law provides criminal penalties for discrimination and administrative sanctions for failure to provide access.

The government generally enforced the law effectively, although government enforcement of rules governing access was inadequate. Public buildings and public transport were not always accessible, sometimes lacking access ramps.

Laws throughout the kingdom ban discrimination against persons with physical, sensory, intellectual, and mental disabilities. The NIHR reported that in 2020 it received 715 cases of discrimination on the grounds of disability or chronic illness – 36 percent of all cases it received that year – compared to 914 such cases in 2019. During the March general elections, authorities received 139 reports of discrimination on the ground of disability, including regarding inaccessible voting booths for some individuals with certain disabilities.

In the Dutch Caribbean, a wide-ranging law prohibiting discrimination was applied to persons with physical, sensory, intellectual, and mental disabilities in employment, education, health care, transportation, and the provision of other government services. Some public buildings and public transport were not accessible to persons with physical disabilities.

Human rights observers from UNICEF noted that in Curacao, persons with disabilities had to rely on improvised measures to access buildings and parking areas, as well as to obtain information.

Not all schools in Sint Maarten were equipped for children with a range of physical disabilities, even though the government reported that all children with physical disabilities had access to public and subsidized schools.

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

There were hundreds of reports of discrimination against LGBTQI+ persons. In 2020, 32 percent of incidents of discrimination registered by police concerned sexual orientation. Of those incidents, 67 percent concerned verbal abuse, 14 percent physical abuse, and 14 percent threats of violence. It continued to be common practice for police to be insulted with the use of LGBTQI+ slurs. Prosecutions were rare; many incidents were not reported, allegedly because victims often believed that nothing would be done with their complaint.

According to a survey of 3,800 members of the LGBTQI+ community in the Netherlands by a television program, most respondents reported it was difficult to be openly gay in the Netherlands. In addition, many respondents stated that they did not believe they were free to walk hand-in-hand with their partner (50 percent) or to exchange a kiss in public (54 percent). In one case of physical violence, a group of boys attacked a gender-neutral teenager at a playground in the city of Amstelveen on July 27, resulting in the victim’s hospitalization for severe injuries, including a broken nose, fractured jaw, and dislodged teeth. The victim’s father reported to authorities and media that the victim was assaulted after the teenager refused to respond whether they were a boy or a girl. Police investigated the attack; they arrested a boy age 14 who was awaiting trial at year’s end, and continued to search for other perpetrators.

The Dutch government told parliament June 1 that it would not prohibit the practice of LGBTQI+ “conversion therapy” without additional research to understand how the government could enforce such a prohibition while balancing “freedom of choice” to undergo the practice. On June 26, hundreds of persons demonstrated in Amsterdam against the alleged outsized role of psychologists in determining whether a transgender individual may qualify for hormone treatments and surgery in response to media reports regarding the difficulties faced by several patients of the Amsterdam University Medical Center.

An Amsterdam court ruled July 21 that a plaintiff assigned female gender at birth may retroactively change the gender field on their birth certification from “F” for female to “X” for nonbinary, for the first time in the country. The Prosecutor’s Office argued that there were no legal provisions allowing for the nonbinary option, but the court disagreed, citing the Gender Equal Treatment Act. In 2018 a nonbinary person received a passport with “X” as the gender marker for the first time, but their birth certificate noted that the gender could not be determined, an interim solution that the courts had adopted until the July 21 ruling.

Throughout the kingdom the law prohibits discrimination against LGBTQI+ persons in housing, employment, nationality laws, and access to government services such as health care. The governments generally enforced the law.

The law explicitly prohibits discrimination on grounds of sex characteristics, gender identity, and gender expression. The government urged institutions and companies to stop unnecessary registration of gender. The law allows for higher penalties for violence motivated by anti-LGBTQI+ bias.

Police had a Netherlands-wide network of units dedicated to protecting the rights of LGBTQI+ persons. The city of Amsterdam’s informational call center was dedicated to increasing safety for LGBTQI+ persons. The Ministry of Justice and Security sponsored a campaign in LGBTQI+-oriented media to encourage victims to report incidents and file complaints with police.

In the Netherlands the Muslim community of approximately 900,000 persons faced frequent physical and verbal attacks, acts of vandalism, discrimination, and racism, as did members of other minority and immigrant groups. In 2020 police registered 180 incidents on the grounds of religion, mainly against Muslims, out of a total of 6,141 discriminatory incidents. Multiple incidents concerned harassment of women on the street because they were wearing a headscarf as well as incidents involving anti-Muslim stickers and posters. Violent incidents, however, were rare.

The Dutch government, including the Office of the National Coordinator for Counterterrorism and Security as well as city authorities, closely monitored threats directed at Islamic institutions, including approximately 500 mosques. In 2020, eight incidents at mosques were reported to have been painted on or graffitied. Authorities supported mosques in enhancing security and provided ad hoc security if required.

Philippines

Section 6. Discrimination and Societal Abuses

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

Difficulty in obtaining rape convictions impeded effective enforcement on rape cases. NGOs noted that in smaller localities perpetrators of abuse sometimes used personal relationships with local authorities to avoid prosecution.

Statistics were unavailable on prosecutions, convictions, and punishments for cases filed by the national police. As of August the PNP’s Women and Children Protection Center recorded 4,424 cases of rape during the year, a slight increase from the number recorded during the same period of 2020, involving female and child victims. Of these, 2,202 were referred to prosecutors, 952 were filed in court, 1,252 remained under investigation, and 74 were referred to another agency. As of July the Bureau of Corrections had 7,958 inmates convicted of rape.

Domestic violence against women remained a serious and widespread problem. According to the national police, reported acts of domestic violence against women decreased from 7,093 in January to July 2020 versus 5,282 for the same period during the year. Local and international organizations observed an alarming rise of cases of abuse against women and children during the community quarantine.

NGOs reported that cultural and social stigma deterred many women from reporting rape or domestic violence. NGOs and media reported that rape and sexual abuse of women in police or protective custody continued. In August a new police officer and a local official were accused of sexually molesting and raping a 19-year-old female quarantine violator who was accosted at a quarantine control point in Mariveles, Bataan Province. The woman was taken to the police officer’s boarding house and reportedly raped.

The PNP and the Social Welfare Department both maintained help desks to assist survivors of violence against women and to encourage reporting. The national police’s Women and Children Protection Center also operated a national hotline for reports of violence against women and children. In addition the social welfare department operated residential centers and community-based programs to assist women and children who were victims of rape, domestic violence, and other abuse. By the end of the second quarter, the department reported it had assisted 41 women and girls who were specifically victims of sexual abuse, of whom 27 were raped. With the assistance of NGOs, the CHR, and the Philippine Commission on Women, law enforcement officers received gender sensitivity training to deal with victims of sexual crimes and domestic violence. The national police maintained a women and children’s unit in approximately 1,784 police stations throughout the country with 1,905 help desks to deal with abuse cases. The PNP assigned 4,882 officers to the desks nationwide, almost 98 percent of them women. The law provides 10 days of paid leave for domestic violence victims.

Sexual Harassment: The law prohibits sexual harassment, and violations are punishable by imprisonment from one to six months, a moderate fine, or both. Sexual harassment remained widespread and underreported, including in the workplace, due to victims’ fear of losing their jobs.

Relevant law is intended to prevent and punish acts of sexual harassment in public places, online workplaces, and educational institutions. Despite the president’s support for a law preventing sexual harassment, local organizations observed that on multiple occasions Duterte’s rhetoric promoted violence against women.

In a July 17 Facebook post and official statement, the Center for Women’s Resources group criticized an official at the Department of Interior and Local Government’s Emergency Operations Command for allegedly harassing and mistreating women related to victims of the government’s drug war during a July 16 protest at the department. The center urged the department and other concerned government agencies to act against the official for violating the Safe Spaces Act.

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

Although the law requires that women in non-life-threatening situations secure spousal consent to obtain reproductive health care, the Supreme Court has ruled that the constitution upholds the basic right of couples and individuals to decide freely the number, spacing, and timing of their children and to have the information and means to do so, free from discrimination, coercion, and violence.

Although the law provides for universal access to methods of contraception, sexual education, and maternal care, it also allows health practitioners to deny reproductive health services based on their personal or religious beliefs in nonemergency situations; requires spousal consent for women in non-life-threatening situations to obtain reproductive health care; requires minors in non-life-threatening situations to get parental consent before obtaining reproductive health care; and does not require private health-care facilities to provide access to family-planning methods.

Provision of health-care services is the responsibility of local governments, and disruptions in the supply chain, including procurement, allocation, and distribution of contraceptives, reduced their availability to the poor, although modern forms of contraception were available on the market in most areas.

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

According to the 2020 UN Human Development Report, the maternal mortality ratio was 121 per 100,000 live births, and skilled attendants participated in 84 percent of births. The Philippine Commission on Population and Development attributed the increase in maternal deaths to mothers not getting optimal care in hospitals and other birthing facilities during the pandemic. The UN Population Fund reported, based on its 2016 analysis of maternal death review, that poverty, remote locations, and a lack of education exacerbated delays in seeking potentially life-saving maternal medical care; that midwives at times had little formal training; and that medical personnel routinely mistreated and denied proper care to women who sought assistance for complications from unsafe abortions.

The World Bank reported in 2019 that the adolescent birth rate was 55 per 1,000 for women between ages 15 and 19. A June 25 executive order implementing measures to address the rise in adolescent pregnancy noted, “girls already living in dysfunctional homes spend more time with their households as a result of the COVID-19 pandemic and are thereby more exposed to abuse.” International media and women’s health NGOs cited limited access to adequate sex education and contraceptives as a driving factor of adolescent births. Experts estimated the pandemic lockdowns will cause more than five million women in the country to lose access to reproductive health care. The University of the Philippines and the UN Population Fund warned of a “baby boom” resulting from this loss of access to health care.

In 2019 the UN Population Fund stated that reaching displaced pregnant women to provide critical health services in conflict and crisis-affected areas, particularly Mindanao, was a challenge.

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

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

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

The law provides for the protection of every Filipino and prohibits discrimination of individuals based on ethnicity, race, and religion or belief; however, the government stated in its July report to the UN Committee on Elimination of Racial Discrimination that there is no formal, legal definition of racial discrimination in the country, resulting in little to no reporting of such cases.

Although no laws discriminate against indigenous peoples, cultural bias and the geographical remoteness of the areas many inhabit prevented their full integration into society. Indigenous children often suffered from lack of health care, education, and other basic services. The law requires that indigenous peoples be represented in policy-making bodies and local legislative councils, but the rate of compliance with the law was unknown. Indigenous leaders observed that the selection process for mandatory indigenous representatives was frequently ignored or rejected by local governments and politicians.

Lumad (a group of indigenous ethnic communities in Mindanao) schools and students were subject to red-tagging, often resulting in raids by the security forces, illegal arrests, and forced closure of community schools. In February police raided the University of San Carlos’s Talamaban campus in Cebu City, calling the raid a rescue operation, and arrested 26 Lumad students and teachers. The university had provided refuge to the students after they were evacuated from their residences due to armed conflict.

The National Commission on Indigenous Peoples, a government agency staffed by tribal members, was responsible for implementing constitutional provisions to protect indigenous peoples. It has authority to award certificates identifying “ancestral domain lands” based on communal ownership, thereby stopping tribal leaders from selling the land. Indigenous rights activist groups criticized the indigenous peoples’ commission, noting that it approved projects on ancestral lands without the free, prior, and informed consent required by law.

Armed groups frequently recruited from indigenous populations. Indigenous peoples’ lands were also often the site of armed encounters related to resource extraction or intertribal disputes, which sometimes resulted in displacement or killings.

In June an unarmed group of six members of the Manobo tribe in Surigao del Sur, including a 12-year-old girl, were fired on by soldiers, allegedly without any provocation or warning. Three of the group – a man, woman, and 12-year-old girl – died. The military claimed they were pursuing the group, which it asserted were members of the NPA, when they opened fire on the soldiers, precipitating a 10-minute firefight.

On December 31, 2020, nine leaders of the Tumandok community on Panay Island were killed in an operation by security forces. The Tumandok leaders had led a campaign to oppose the construction of the nearby Jalaur Dam because of its impact on the community’s ancestral lands. On December 11, the National Task Force to End Local Communist Armed Conflict had red-tagged those killed, along with 18 other Tumandok persons who were arrested as alleged members of the NPA.

Birth Registration: Citizenship derives from birth to a citizen parent and, in certain circumstances, from birth within the country’s territory to alien parents. The government promoted birth registration, and authorities immediately registered births in health facilities. Births outside of facilities were less likely to be registered promptly, if at all. The lack of a birth certificate does not generally result in denial of education or other services, but it may cause delays in some circumstances, for example if a minor becomes involved in the court system.

Education: Education is free and compulsory through age 18, but the quality of education was often poor and access difficult, especially in rural areas where substandard infrastructure makes traveling to school challenging. In-person school has remained closed for two academic years due to COVID-19. Most students, however, had access to education, either in virtual form, through curricular modules delivered to students, or by other means.

Supplemental costs for supplies or uniforms can be a barrier to students from poor families. The Department of Education continued to prioritize improving resources at and access to the most isolated schools, to include increasing the budget during the year for schools in the BARMM, the region with the lowest rate of school attendance. According to the World Economic Forum’s Global Gender Gap Report, the primary school enrollment rate for girls was equal to the rate for boys, while the rate for girls was significantly higher than the rate for boys in secondary and tertiary schools. Although boys and girls participated in education at equal rates, in an April statement the Civil Society for Education Reforms Network noted that gender sensitive curricula and learning materials remained the exception in schools. The network also stated that gender insensitivity among staff and students contributed to school violence.

Child Abuse: Child abuse remained a problem. In October the Department of Justice decided to pursue sexual abuse charges against a foreign national after the 16-year-old victim dropped out of the case as complainant. As of November, the foreign national was undergoing deportation proceedings and was detained at the Bureau of Immigration because he could not post bail. He allegedly met the victim online, supplied her with drugs, had sex with her, and recorded the victim having sex with another man. Through the second quarter of the year, the social welfare department served 1,550 children in centers and residential care facilities nationwide, a small fraction of those in need. Several cities ran crisis centers for abused women and children.

Child, Early, and Forced Marriage: The legal minimum age for marriage for both sexes is 18 years; anyone younger than 21 must have parental consent. Under Muslim personal law, Muslim boys may marry at 15, and girls may marry when they reach puberty (no age is specified). The law was generally followed and enforced, but there are no legal penalties for forced and child marriage. While recent data were unavailable, observers believed forced and early marriage remained a problem. For example, records from sharia district courts showed some Muslim girls were married as young as age seven. Advocacy groups pushed for specific legislation banning child and forced marriage.

Sexual Exploitation of Children: The law prohibits commercial exploitation of children and child pornography and defines purchasing commercial sex acts from a child as a trafficking offense. The statutory rape law criminalizes sex with minors younger than 12 and sex with a child younger than 18 involving force, threat, or intimidation. The maximum penalty for child rape is 40 years in prison plus a lifetime ban from political office. The production, possession, and distribution of child pornography are illegal, and penalties range from one month to life in prison, plus significant fines, depending on the gravity of the offense. Several human rights groups pushed for an increase in the age of consent (12 as of year’s end), one of the lowest in the world. The government made efforts to address these crimes and collaborated with foreign law enforcement authorities, NGOs, and international organizations.

Inadequate prosecutorial resources and capacity to analyze computer evidence were among the challenges to effective enforcement. Despite the penalties and enforcement efforts, law enforcement agencies and NGOs agreed that criminals and family members continued to use minors in the production of pornography and in cybersex activities.

Children continued to be victims of sex trafficking, and the country remained a destination for foreign and domestic child sex tourists. Additionally live internet broadcasts of young girls, boys, and sibling groups performing sex acts for paying foreigners continued. Children’s vulnerability to online sexual exploitation increased during the pandemic as children were forced to stay home and families’ incomes often fell. The government continued to prosecute accused pedophiles, deport those who were foreigners, and bar the entry of identified convicted sex offenders. To reduce retraumatizing child victims and to spare children from having to testify, the government increased its use of plea agreements in online child sexual exploitation cases, which significantly reduced the case disposition time. From January to August, the PNP and its partners, through the Philippine Internet Crimes Against Children Center, rescued 131 children, arrested 16 perpetrators, and conducted 49 online child sexual exploitation operations.

The National Bureau of Investigation and the PNP worked closely with the Department of Labor to target and close establishments suspected of sex trafficking of minors. From January to July, the Department of Labor’s Bureau of Working Conditions recorded four establishments that employed 24 minors; after being given an opportunity to correct the problem, the establishments complied with the standards and so were not closed.

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

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

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

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

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

Persons with Disabilities

The constitution prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The law aims to provide affordable and accessible mental health services and provide for equal access for persons with disabilities to all public buildings and establishments.

The National Council for Disability Affairs formulated policies and coordinated government agency rehabilitation, self-development, and self-reliance activities to promote inclusion of persons with disabilities in the mainstream of society. From January to July, the council registered 12 complaints and allegations of abuse and discrimination: three allegations of workplace discrimination; four of ridicule and vilification on social media; two of violations of data privacy; and others of alleged physical abuse and intimidation. The complaints were referred to the appropriate agencies for investigation and provision of necessary assistance.

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

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

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

From January to August, the social welfare department provided services to 1,512 persons with disabilities in assisted living centers and community-based vocational centers nationwide, a small fraction of the population in need. If a person with disabilities experienced violence, access to after-care services might be available through the social welfare department, crisis centers, and NGOs. Sixty percent of local government units had a persons with disabilities office to assist in accessing services including health, rehabilitation, and education.

The constitution provides for the right of persons with physical disabilities to vote. The Commission on Elections determines the capacity of persons with mental and intellectual disabilities to vote during the registration process, and citizens may appeal exclusions (and inclusions) in court. The law requires the establishment of accessible voting centers exclusively for persons with disabilities and senior citizens.

The law prohibits discrimination against persons with HIV or AIDS, including in access to basic health and social services. Nevertheless, there was evidence of discrimination against HIV/AIDS patients in the government’s provision of health care, housing, employment, and insurance services. Men who have sex with men were banned indefinitely from donating blood.

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

National laws neither criminalize consensual same-sex sexual conduct among adults nor prohibit discrimination based on sexual orientation and gender identity. Outright International, a lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) NGO, estimated 29 cities, provinces, barangays, and municipalities had enacted a version of an antidiscrimination ordinance that protects LGBTQI+ rights.

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

NGOs reported incidents of discrimination and abuse against LGBTQI+ persons, including in employment, education, health care, housing, and social services. On May 18, three men allegedly killed transgender man Ebeng Mayor after raping and physically abusing her. The three reportedly knew Mayor and spent the evening at a bar with her. The alleged killers were arrested on May 22 and faced rape and murder charges. In June a Cotabato City local radio station reported through a social media post, which was later deleted, that residents of Ampatuan town in the BARMM forcibly shaved the heads of neighbors said to be members of the LGBTQI+ community. The alleged perpetrators justified the deed, claiming that “being gay or lesbian is against Islam.” Mindanao LGBTQI+ groups and human rights groups condemned the action, declaring that religion does not justify bigotry.

Poland

Section 6. Discrimination and Societal Abuses

Rape and Domestic Violence: Rape, including spousal rape, is illegal and punishable by up to 12 years in prison. While domestic violence is illegal and courts may sentence a person convicted of domestic violence to a maximum of five years in prison, most of those found guilty received suspended sentences. The law permits authorities to place restraining orders without prior approval from a court on spouses to protect against abuse.

On September 16, the Council of Europe’s Expert Group on Action against Violence against Women and Domestic Violence published its first evaluation report on the implementation of the Council of Europe’s Convention on Preventing and Combatting Violence against Women and Domestic Violence (so-called Istanbul Convention). The report praised a November 2020 law that introduced an immediate restraining order that may be issued by police who respond to a domestic dispute. Under the new law, the perpetrator must immediately leave the location where the violence took place. The Women’s Rights Center noted that during the first six months since the law’s entry into force, police used the new mechanism in only a small fraction of documented instances of domestic violence. According to the foundation, this may indicate police were not properly trained in the use of the new mechanism. The Women’s Rights Center reported that police were occasionally reluctant to intervene in domestic violence incidents, sometimes arguing there was no need for police intervention. The law requires every municipality in the country to set up an interagency team of experts to deal with domestic violence.

Centers for survivors of domestic violence operated throughout the country. The centers provided social, medical, psychological, and legal assistance to survivors; training for personnel who worked with survivors; and “corrective education” programs for abusers.

Sexual Harassment: The law prohibits sexual harassment, and violations carry penalties of up to three years’ imprisonment. According to the Women’s Rights Center, sexual harassment continued to be a serious and underreported problem.

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

The law obliges both central and local governments to provide citizens with unrestricted access to methods and means serving “conscious procreation,” implemented by the government as gynecological counseling for women and girls and access to contraception. While there were no legal restrictions on the right to obtain contraceptives, a patient’s ability to obtain them was limited, according to NGOs. The Federation for Women and Family Planning noted the government excluded almost all prescription contraceptives from its list of subsidized medicines, making them less affordable, especially for poor women in rural areas. The law also provides that doctors may refrain from performing health services inconsistent with their conscience. According to a 2020 report by the Central and Eastern European Network for Sexual and Reproductive Health and Rights, doctors regularly used the conscience clause to refuse to write prescriptions for contraceptives. The report also noted that some pharmacies did not stock or sell contraceptives.

The law does not permit voluntary sterilization. Although women have the right to comprehensive medical services before, during, and after childbirth, home birth, while legal, is not subsidized by the National Health Fund. Women had access to emergency health care, including services for the management of complications arising from abortion. According to the Childbirth with Dignity Foundation, standards for perinatal and postnatal care written into the laws are adequate, but the government failed to enforce them effectively. A 2018 report by the Supreme Audit Office indicated women living in rural areas had limited access to medical services related to childbirth due to an insufficient number of gynecological and obstetric clinics in smaller towns and villages.

The government provided access to sexual and reproductive health services for sexual violence survivors, including emergency contraception for survivors of rape. According to women’s rights NGOs, access was limited due to survivors’ fear of social stigma, some legal constraints, and the use of the conscience clause by medical doctors who refused to provide such services. According to a September report by the Council of Europe Expert Group on Action against Violence against Women and Domestic Violence, the country lacked rape crisis and sexual violence centers offering medical care, high-quality forensic examination, and immediate short- and long-term trauma support delivered by trained professionals.

Discrimination: The constitution provides for the same legal status and rights for men and women and prohibits discrimination against women, although few laws exist to implement the provision. The constitution requires equal pay for equal work, but discrimination against women in employment existed (see section 7.d.).

The constitution prohibits discrimination in political, social, and economic life “for any reason whatsoever.” The law on discrimination in employment covers nationality, ethnic origin, and race. The law also bans discrimination of members of national and ethnic minorities and penalize incitement to hatred, public insult, and violence against others on the grounds of national, ethnic, and racial differences.

Romani leaders complained of discrimination in employment, housing, banking, the justice system, media, and education. In December 2020 the government adopted a new 10-year program on social and civic integration of Roma people, with particular focus on education and living conditions of the Romani community. During the year the government allocated 11.7 million zloty ($2.9 million) for programs to support Romani communities, including for educational programs. The Ministry of Education helped finance school supplies for Romani children. The Ministry of Interior and Administration provided school grants for Romani high school and university students, postgraduate studies on Romani culture and history in Krakow, and Romani-related cultural events.

The country’s Ukrainian and Belarusian minorities continued to experience harassment and discrimination. On January 21, the Torun District Court began a trial of three men charged with using violence and making threats against others on the grounds of their national identity. The trial concerns a February 2020 incident in which several men verbally and physically attacked a group of five foreigners from Ukraine, Belarus, and Russia in the city center of Torun.

On May 31, a man approached three Belarusian nationals speaking their native language as they walked down the street in Krakow. He asked where they were from, and when they answered, he threatened them with a knife and used pepper spray against them. On July 9, police detained the perpetrator.

During the year there were incidents of xenophobic attacks targeting persons of African descent.

In March the Krakow district prosecutor’s office indicted two men who in July 2020 allegedly attacked and shouted racist insults at a man of African descent at a bus stop in the town of Wieliczka. The two men also allegedly attacked a bystander who had defended the victim.

On June 27, police detained a man who verbally abused and threatened four men from the Republic of the Congo and Rwanda at a lake area in Krakow. The man was charged with public insult of a group on racial grounds.

Birth Registration: A child acquires citizenship at birth if at least one parent is a citizen, regardless of where the birth took place. Children born or found in the country whose parents were unknown or stateless are also citizens. The government has a system of universal birth registration immediately after birth.

Child Abuse: The law bans all forms of violence against children and requires the ombudsperson for children’s rights to undertake actions aimed at protecting children from violence, cruelty, exploitation, demoralization, neglect, or other ill treatment. The ombudsperson’s office also operated a 24-hour free hotline for abused children.

Child, Early, and Forced Marriage: The legal minimum age of marriage is 18, although courts may grant permission for girls as young as 16 to marry under certain circumstances.

Sexual Exploitation of Children: The law prohibits sexual intercourse with children younger than 15. The penalty for statutory rape ranges from two to 12 years’ imprisonment.

Child pornography is illegal. The production, possession, storage, or importation of child pornography involving children younger than 15 is punishable by three months’ to 10 years’ imprisonment. During the year police conducted several operations against child pornography and alleged pedophiles.

According to the government and the La Strada Foundation, a leading NGO assisting trafficking victims, trafficking of children for sexual exploitation remained a problem.

Institutionalized Children: On September 2, media reported on the systematic use of physical and psychological violence at the Youth Educational Center in Renice, a correctional education facility for boys between ages 12 and 18. Media reported students in the facility were subjected to abuse, including severe beatings, by other students and by educators. Following the reports, the government decided to close the facility. The Szczecin district prosecutor’s office was appointed to investigate the allegations and scrutinize earlier prosecutorial activities regarding cases of abuse at the facility.

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.

The Union of Jewish Communities estimated the Jewish population at 20,000, while other estimates, including by Chief Rabbi of Poland Michael Schudrich, put the number as high as 40,000. Anti-Semitic incidents continued to occur, often involving desecration of significant property, including a synagogue and Jewish cemeteries, and sometimes involving anti-Semitic comments on television and social media. Some Jewish organizations expressed concern regarding the physical safety and security of their members. During the year there were several attacks on Jewish properties and houses of worship.

On April 20, a member of the lower house of parliament from a small opposition party, Janusz Korwin-Mikke, referred to Adolf Hitler in a video posted online as “a great, in fact the greatest, European socialist” and argued there was no evidence Hitler was aware of the Holocaust.

On January 12, police detained three men who painted neo-Nazi symbols on the outer wall of the Jewish cemetery in Oswiecim (the town adjacent to the former German Nazi concentration and extermination camp Auschwitz-Birkenau). On January 13, the local prosecutor’s office charged two of the men with public promotion of fascism and the third with destruction of a monument (the cemetery wall is registered as a provincial monument). At year’s end, the men were not in pretrial detention and their trial had not been scheduled.

On June 26, three teenagers vandalized 67 tombstones in the Jewish cemetery in the town of Bielsko-Biala. Some tombstones were broken and others were tipped over. On June 28, police identified the perpetrators and handed the case over to the family court.

On October 5, anti-Semitic graffiti were found on nine wooden barracks at the Auschwitz-Birkenau former concentration camp. The graffiti included statements in English and German and two references to Old Testament sayings frequently used by anti-Semites. Police were searching for perpetrators at year’s end.

On November 11, an anti-Semitic demonstration occurred in the city of Kalisz. Participants burned a book symbolizing the Statute of Kalisz, a 13th-century document that regulated the legal status of Jews in Poland and granted them special protections. Some march participants also chanted “Death to Jews.” On November 14, President Duda responded on his Twitter account, writing: “I strongly condemn all acts of anti-Semitism. The barbarism perpetrated by a group of hooligans in Kalisz contradicts the values on which the Republic of Poland is based. And in view of the situation on the border and propaganda campaigns against Poland, it is even an act of treason.” On November 15, Interior Minister Mariusz Kaminski announced police had detained three men for allegedly organizing the march. The men were charged with public incitement to hatred, public insult on national grounds, and public incitement to commit crimes against persons based on their national and religious identity. They spent two weeks in pretrial detention and then were released on bail.

According to the Never Again Association, anti-Semitic discourse appeared in the public sphere and on social media, in particular during the legislative process of revisions to the Code of Administrative Procedure, which affected the restitution process. For example, on July 10, former anti-Communist oppositionist Andrzej Michalowski participated as a guest in a debate on state-run public radio and said the Jewish lobby was trying to interfere with legislation affecting heirless property. A trial of six persons accused of publicly promoting Nazism in 2017 by organizing a celebration of Hitler’s birthday in a forest, donning Wehrmacht uniforms, and burning a swastika continued at year’s end. The incident was secretly filmed and later broadcast by undercover television journalists. The main organizer of the event, a member of the neo-Nazi Pride and Modernity Association, pleaded not guilty, claiming the event was private. In 2019 in a separate case, the Gliwice regional court decided to dissolve Pride and Modernity, stating that the event was tantamount to approval or even affirmation of Hitler and Nazism.

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

Persons with Disabilities

Persons with disabilities could not access education, health services, public buildings, and transportation on an equal basis with others. The law states that buildings should be accessible for persons with disabilities, but many buildings remained inaccessible. Public buildings and transportation generally were accessible, although older trains and vehicles were often less so, and many train stations were not fully accessible. A 2018 report by the Supreme Audit Chamber, the latest report available, noted there are still many technical barriers that prevent persons with disabilities from freely accessing museums, libraries, or cultural centers. The report also noted regulations regarding access to public buildings were imprecise and not properly enforced.

The 2019 accessibility law requires all public institutions to provide access for persons with special needs, including persons with disabilities, in three main areas: access to buildings, digital services, and information and communication services. During the year the government continued implementing the “Accessibility Plus” program for the years 2018-25, whose main goal is to ensure unlimited access to goods and services and to create the possibility of full participation in social and public life for individuals with special needs. According to the 2020 report on implementation of the program, during the year, the government continued to implement programs aimed at improving access to schools, universities, public health institutions, and door-to-door transportation services. The government plenipotentiary for persons with disabilities, who also serves as deputy minister in the Ministry of Family and Social Policy, monitors the implementation of the government’s policy regarding vocational and social inclusion and employment of persons with disabilities.

The law prohibits discrimination against persons with physical, sensory, intellectual, or mental disabilities. The government did not effectively enforce these provisions, and there were reports of societal discrimination against persons with disabilities. The government restricted the right of persons with certain mental disabilities to vote or participate in civic affairs.

On April 9, a well-known YouTube user posted a video showing himself and two acquaintances abusing a man with an intellectual disability by ordering him to perform degrading and humiliating tasks. On April 19, police arrested the man. Prosecutors charged the three individuals with mentally abusing a person with disabilities. On September 10, the trial against the man and his two acquaintances began.

The law states that education is obligatory for all children, including those with disabilities. Children with disabilities may attend schools where they are integrated with children without disabilities, or parents may choose to send them to segregated schools, depending on the significance of the disability.

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

While the constitution does not prohibit discrimination on the specific grounds of sexual orientation, it prohibits discrimination “for any reason whatsoever.” The laws on discrimination in employment cover sexual orientation and gender identity but hate crime and incitement laws do not. The government plenipotentiary for equal treatment is charged with monitoring discrimination against LGBTQI+ individuals and groups. LGBTQI+ advocacy groups, however, criticized the plenipotentiary office for a lack of interest and engagement in LGBTQI+ questions. The ombudsperson also continued to work on LGBTQI+ human rights cases.

During the year some government officials made anti-LGBTQI+ or homophobic public statements. On June 23, Education and Science Minister Przemyslaw Czarnek criticized participants in LGBTQI+ pride parades for causing “public demoralization” and promoting “deviancy.” He said that those who participated in such parades “do not have the same public rights” as “a person behaving in accordance with standards and norms, who does not demoralize.” On June 28, Czarnek said the country should adopt a law that prohibits schools from using materials seen as promoting homosexuality.

During the year there were several physical and verbal attacks against members of the LGBTQI+ community. On February 17, a man approached a gay couple holding hands in Warsaw and stabbed one of the men. Police published a sketch of the suspect, but no arrests had been made as of November.

On March 17, several members of an LGBTQI+ sports group were attacked during an outdoor training session in the city of Gdansk. Several men disrupted the training, shouted homophobic slurs, and physically attacked two men in the sports group who were later taken to the hospital for medical evaluation. In July the Gdansk district prosecutor’s office discontinued its investigation into the incident. On May 26, an unknown perpetrator physically attacked a man in Wroclaw because he appeared to be gay, according to the victim. Police published a photograph of the suspect from surveillance cameras, but no arrests were made as of November. On February 25, the Czestochowa regional court convicted a night club security guard for physically attacking a woman who was wearing clothing with a rainbow-colored heart. The court imposed a three-year ban on working as a security guard and a three-year restraining order to protect the victim. The court also ordered the perpetrator to pay a fine and compensation to the victim. On May 9, the Poznan regional court sentenced a man to 18 months of community service for attacking an LGBTQI+ couple in Poznan in December 2020. The couple was walking along the street in the city center when a man verbally abused them and threatened them with a knife.

On July 14, the European Commission initiated an infringement procedure against the country for failure to fully and appropriately respond to the Commission’s inquiry regarding the nature and impact of what LGBTQI+ activists and critics call “LGBT-free zone” resolutions adopted by dozens of local governments across the country in 2019 and 2020. These resolutions did not explicitly call for “LGBT-free” zones but focused in varying degrees on preventing “LGBT ideology” in schools, called for protection of children against moral corruption, and declared marriage as a union between a woman and a man only.

The commission expressed concerns the declarations may violate EU law regarding nondiscrimination on the grounds of sexual orientation. On September 3, the European Commission sent a letter to five provinces that adopted the resolutions, urging them to abandon the declarations and notifying them the commission had suspended discussions on payment of several billion euros in EU funds because of the adoption of the declarations. On September 15, the country’s deputy minister for funds and regional policy sent a letter to all local governments to review declarations to ensure the texts did not contain any discriminatory elements. By the end of September, all five provinces as well as several lower local government units had either repealed or revised the declarations to attempt to satisfy commission concerns. As of October 18, the commission had not commented if the changes were sufficient to restore funding.

On July 2 and September 24, the Supreme Administrative Court returned four legal challenges by the ombudsperson against anti-LGBTQI+ resolutions to provincial administrative courts for another review regarding the municipalities of Lipinki and Niebylec, and the counties of Tarnow and Ryki. Earlier in 2020 and in February of 2021, provincial courts had rejected the complaints, arguing that the declarations could not be reviewed by administrative courts.

As a result of a complaint filed by the human rights ombudsperson in 2019, in July 2020 the Gliwice Provincial Administrative Court struck down a declaration adopted by the Istebna municipality. The court ruled the anti-LGBTQI+ declaration violated administrative law and the constitution, in particular the ban against discrimination on the grounds of sexual orientation and gender identity. Minister of Justice and Prosecutor General Zbigniew Ziobro sent appeals against the ruling and a similar one regarding a declaration in the Klwow municipality to the Supreme Administrative Court in September 2020, but the court had not issued a ruling as of December 6.

On January 12, the human rights ombudsperson announced the Supreme Administrative Court ruled in December 2020 that a transgender person who underwent gender reassignment procedure abroad had the right to receive a passport with her new legal identity. Authorities initially refused to update the citizen’s documents to reflect the change.

South Africa

Section 6. Discrimination and Societal Abuses

Rape and Domestic Violence: The law criminalizes domestic violence and rape of men or women, including spousal rape, but the government did not effectively enforce the law. The minimum sentence for conviction of rape is 10 years’ imprisonment. Under certain circumstances, such as second or third offenses, multiple rapes, gang rapes, or the rape of a minor or a person with disabilities, conviction requires a minimum sentence of life imprisonment, unless substantial and compelling circumstances exist to justify a lesser sentence. Perpetrators with previous rape convictions and perpetrators aware of being HIV positive at the time of the rape also face a minimum sentence of life imprisonment, unless substantial and compelling circumstances exist to justify a lesser sentence.

In most cases of rape and domestic violence, attackers were acquaintances or family members of the survivor that, together with societal attitudes, contributed to a reluctance to press charges. NGOs stated that cases were underreported, especially in rural communities, due to stigma, unfair treatment, fear, intimidation, and lack of trust in the criminal justice system. SAPS reported a decrease in the number of reported rape cases from 42,289 in 2019/20 to 36,463 in 2020/21. According to first-quarter SAPS crime statistics, 10,006 persons were raped between April and June 2021. Police Minister Bheki Cele released crime statistics that 9,556 rape cases were reported between July and September. There were numerous reports of rapes by police officers of sex workers, lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons, incarcerated persons, and others (see also section 1.c.).

There were numerous reported sexual assaults such as the following example. In June 2020 a woman eight months pregnant was found dead hanging from a tree in Johannesburg. She and her fetus had multiple stab wounds. Muzikayise Malephane was arrested and charged with premeditated murder. In February he was sentenced to 20 years in prison for murder, five years for defeating the ends of justice, and five years for possession of an illegal firearm and ammunition.

According to the National Prosecuting Authority 2019-2020 Annual Report, the authority achieved its highest number of successfully prosecuted sexual offense cases ever during that time period. It prosecuted 5,451 sexual offense cases and had 4,098 convictions, a 75 percent conviction rate.

The Department of Justice operated 96 dedicated sexual offenses courts throughout the country. Although judges in rape cases generally followed statutory sentencing guidelines, women’s advocacy groups criticized judges for using criteria, such as the victim’s behavior or relationship to the rapist, as a basis for imposing lighter sentences.

The government provided funding for, and the National Prosecuting Authority operated 51 rape management centers, addressing the rights and needs of survivors and vulnerable persons, including legal assistance. A key objective of the centers was prosecution of sexual, domestic violence, and child-abuse offenders. Approximately 75 percent of the cases they took to trial resulted in convictions.

Domestic violence was pervasive and included physical, sexual, emotional, and verbal abuse, as well as harassment and stalking. During the pandemic, NGOs and the government documented an escalation of gender-based violence against women and girls. The government prosecuted domestic violence cases under laws governing rape, indecent assault, damage to property, and violating a protection order. The law requires police to protect victims from domestic violence, but police commanders did not always hold officers accountable. Conviction of violating a protection order is punishable by up to five years’ imprisonment and up to 20 years’ imprisonment if convicted of additional criminal charges. Penalties for conviction of domestic violence include fines and sentences of between two and five years’ imprisonment.

During the year media documented a rise in teenage pregnancies particularly during the pandemic with the South African Medical Research Council attributing violence against women and girls as a contributor to these pregnancies along with difficulty faced by adolescents in obtaining contraceptives. In December the basic education minister published a new policy on prevention and management of teenage pregnancy. Under the policy, schools are mandated to report to SAPS cases of statutory rape, if a girl is younger than age 16 and the father of the unborn child is 16 or older.

The government financed shelters for abused women, but NGOs reported a shortage of such facilities, particularly in rural areas, and that women were sometimes turned away from shelters.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C of girls and women, but girls in isolated zones in ethnic Venda communities in Limpopo Province were subjected to the practice. The government continued initiatives to eradicate the practice, including national research and sensitization workshops in areas where FGM/C was prevalent.

Sexual Harassment: Although prohibited by law, sexual harassment remained a widespread problem. Sexual harassment is a criminal offense for which conviction includes fines and sentences of up to five years’ imprisonment.

Enforcement against workplace harassment is initially left to employers to address as part of internal disciplinary procedures. The Department of Employment and Labour (Department of Labour) issued guidelines to employers on how to handle workplace complaints that allow for remuneration of a victim’s lost compensation plus interest, additional damages, legal fees, and dismissal of the perpetrator in some circumstances. NGOs and unions urged the government to ratify the International Labor Organization (ILO) convention on the prevention of violence and harassment in the workplace. Despite presidential support, parliament had yet to ratify the convention by year’s end.

NGOs reported sexual harassment of women in the major political parties. Only two of the seven major parties had policies against sexual harassment.

Reproductive Rights: There were no reports of forced abortion on the part of government authorities; however, during the year there were reports of forced sterilizations submitted to the Commission for Gender Equality and civil society organizations.

Couples and individuals have the right to decide freely the number, spacing, and timing of their children. The full range of contraception methods were available at all primary health-care clinics for free. Emergency health care was available for the treatment of complications arising from unsafe abortion.

The government provided access to sexual and reproductive health services for survivors of sexual violence. The country has laws and policies to respond to gender-based violence and femicide, although authorities did not fully implement these policies and enforce relevant law. The law provides for survivors of gender-based violence to receive shelter and comprehensive care, including treatment of injuries, a forensic examination, pregnancy and HIV testing, provision of postexposure prophylaxis, and counseling rehabilitation services.

According to the Saving Mothers Report 2017/2019, there has been a progressive and sustained reduction in institutional maternal mortality in the past three triennia (2010-19), from 320 per 100,000 live births to 120 per 100,000 live births. The report further identified that a significant systemic driver contributing to mortality was the length of time it took for emergency service personnel to arrive at a facility where a skilled birth attendant can deal with an emergency. Furthermore, the government developed a Framework and Guidelines for Maternal and Neonatal Care during a Crisis: COVID-19 response to strengthen Maternal, Perinatal, and Neonatal services for emergency preparedness and management.

Menstruation and access to menstruation hygiene affected girls’ attendance at school. One NGO estimated 30 percent of girls did not attend school while they menstruated, due to lack of access to sanitary products. During the year observers noted substantial increases in teenage pregnancies, which also affected girls’ attendance at school.

Discrimination: Discrimination against women remained a serious problem despite legal equality in family, labor, property, inheritance, nationality, divorce, and child custody matters. Women experienced economic discrimination in wages, extension of credit, and ownership of land.

Traditional patrilineal authorities, such as a chief or a council of elders, administered many rural areas. Some traditional authorities refused to grant land tenure to women, a precondition for access to housing subsidies. Women could challenge traditional land tenure discrimination in courts, but access to legal counsel was costly.

By law any difference in the terms or conditions of employment among employees of the same employer performing the same, substantially similar, or equal value work constitutes discrimination. The law expressly prohibits unequal pay for work of equal value and discriminatory practices, including separate pension funds for different groups in a company (see section 7.d.).

There were numerous reports of racial discrimination, despite the prohibition under the constitution of unfair discrimination against anyone on one or more grounds, including on the ground of race. The South African Human Rights Commission stated in June that gross inequality was fueling racism and racial polarization. The Department of Human Settlements acknowledged inequality along racial lines had affected and continued to affect the country’s segregated spatial development as well as poor communities’ access to reliable infrastructure. Approximately 300 Equality Courts mandated by the Promotion of Equality and Prevention of Unfair Discrimination Act resolved only 600 matters a year.

Some advocacy groups asserted white farmers were racially targeted for burglaries, home invasions, and killings, while many observers attributed the incidents to the country’s high and growing crime rate. According to the Institute for Security Studies, “farm attacks and farm murders have increased in recent years in line with the general upward trend in the country’s serious and violent crimes.”

Local community or political leaders who sought to gain prominence in their communities allegedly instigated some attacks on African migrants and ethnic minorities (see section 2.f., Abuse of Migrants, Refugees, and Stateless Persons). The government sometimes responded quickly and decisively to xenophobic incidents, sending police and soldiers into affected communities to quell violence and restore order, but responses were sporadic and often slow and inadequate. Civil society organizations criticized the government for failing to address the causes of violence, for not facilitating opportunities for conflict resolution in affected communities, for failing to protect the property or livelihoods of foreign nationals, and for failing to deter such attacks by vigorous investigation and prosecution of perpetrators.

The NGO Working Group of Indigenous Minorities in Southern Africa estimated there were 7,500 indigenous San and Khoi in the country, some of whom worked as farmers or farm laborers. By law the San and Khoi have the same political and economic rights as other citizens, although the government did not always effectively protect those rights or deliver basic services to indigenous communities. Indigenous groups complained of exclusion from land restitution, housing, and affirmative action programs. They also demanded formal recognition as “first peoples” in the constitution. Their lack of recognition as first peoples excluded them from inclusion in government-recognized structures for traditional leaders. Their participation in government and the economy was limited due to fewer opportunities, lack of land and other resources, minimal access to education, and relative isolation.

Birth Registration: The law provides for citizenship by birth (if at least one parent is a permanent resident or citizen), descent, and naturalization. Registration of births was inconsistent, especially in remote rural areas and by parents who were unregistered foreign nationals. Children without birth registration had no access to government services such as education or health care, and their parents had no access to financial grants for their children. Organizations such as Lawyers for Human Rights continued to draw attention to the problem of statelessness among children born in the country to both citizens and foreign nationals.

Education: Public education is compulsory and universal until age 15 or grade nine. Public education is fee based and not fully subsidized by the government. Nevertheless, the law provides that schools may not refuse admission to children due to a lack of funds; therefore, disadvantaged children, who were mainly black, were eligible for financial assistance. Even when children qualified for fee exemptions, low-income parents had difficulty paying for uniforms and supplies. In violation of law, noncitizen children were sometimes denied access to education based on their inability to produce identification documents, such as birth certificates and immunization documents.

Child Abuse: The law criminalizes child abuse. Violence against children, including domestic violence and sexual abuse, remained widespread. Civil society and academics documented evidence that experiencing child maltreatment and witnessing partner abuse in the home as a child increased the risk of becoming both a perpetrator and victim of sexual and intimate partner violence as an adult, contributing to intergenerational abuse and violence.

There were reports of abuse of students by teachers and other school staff, including reports of assault and rape. The law requires schools to disclose sexual abuse to authorities, but administrators sometimes concealed sexual violence or delayed taking disciplinary action.

Child, Early, and Forced Marriage: By law parental or judicial consent to marry is required for individuals younger than 18. Nevertheless, ukuthwala, the practice of abducting girls as young as 14 and forcing them into marriage, occurred in remote villages in Western Cape, Eastern Cape, and KwaZulu-Natal Provinces. The law prohibits nonconsensual ukuthwala and classifies it as a trafficking offense, and the National Prosecuting Authority prosecuted multiple cases of forced marriage.

Sexual Exploitation of Children: The law prohibits commercial sexual exploitation, sale, and offering or procurement of children for commercial sex and child pornography. The Film and Publications Board maintained a website and a toll-free hotline for the public to report incidents of child pornography. Online sexual exploitation of children continued in the country, potentially made worse by the pandemic and lockdown. Government authorities from the Department of Social Development and SAPS conducted educational outreach programs on the dangers of online recruitment and grooming. Media, government, and civil society reported that children were made more vulnerable to trafficking, particularly girls to sexual exploitation and trafficking, because of the pandemic’s economic impacts. The minimum age for consensual sex is 16.

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

According to a 2020 study published by the Isaac and Jessie Kaplan Centre for Jewish Studies at the University of Cape Town and the UK-based Institute for Jewish Policy Research, the country’s Jewish population stood at 52,300, with the majority living in Cape Town and Johannesburg. The South African Jewish Board of Deputies recorded 65 anti-Semitic incidents, consistent with the 69 incidents reported in 2020; however, the bulk of the incidents occurred in May during the conflict between Israel and Hamas. There were reports of verbal abuse and hate speech, especially in social media and radio talk shows, and attacks on Jewish persons or property.

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

Persons with Disabilities

Persons with disabilities could access education, health services, public buildings, and transportation on an equal basis with others. The government provided government information and communication in accessible formats.

The law prohibits discrimination based on physical, sensory, intellectual, and mental disability in employment or access to health care, the judicial system, and education. The law, however, prohibits persons identified by the courts as having a mental disability from voting. The Department of Transportation policies on providing services to persons with disabilities were consistent with the constitution’s prohibition on discrimination. The Department of Labour ran vocational centers at which persons with disabilities learned income-generating skills. Nevertheless, government and private-sector employment discrimination existed. The law mandates access to buildings for persons with disabilities, but such regulations were rarely enforced, and public awareness of them remained minimal.

The law prohibits harassment of persons with disabilities and, in conjunction with the Employment Equity Act, provides guidelines on the recruitment and selection of persons with disabilities, reasonable accommodation for persons with disabilities, and guidelines on proper handling of employees’ medical information. Enforcement of this law was limited.

The 2020-2021 Annual Report of the Department of Basic Education stated there were numerous barriers to education for students with disabilities, primarily a policy of channeling students into specialized schools at the expense of inclusive education. The department’s report noted progress toward a more inclusive basic education and cited expansion of “special schools” and increased enrollment of students with disabilities in both special and public schools. Separate schools frequently charged additional fees (making them financially inaccessible), were located long distances from students’ homes, and lacked the capacity to accommodate demand. Human Rights Watch reported that children with disabilities were often denied tuition waivers or tuition reductions provided to other children. Children often were held in dormitories with few adults, many of whom had little or no training in caring for children with disabilities. When parents attempted to force mainstream schools to accept their children with disabilities – an option provided for by law – schools sometimes rejected the students outright because of their disabilities or claimed there was no room for them. Many blind and deaf children in mainstream schools received only basic care rather than education. Youth with disabilities in school faced problems of access (for example assistive equipment and technology; availability of learning materials in braille) and discriminatory attitudes that prevent their full and effective participation.

According to the Optimus Study on Child Abuse, Violence and Neglect in South Africa, children with disabilities were 78 percent more likely than children without disabilities to have experienced sexual abuse in the home. Persons with disabilities were sometimes subject to abuse and attacks, and prisoners with mental disabilities often received no psychiatric care.

HIV and HIV-related social stigma and discrimination in employment, housing, and access to education and health care remained a problem, especially in rural communities.

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

Despite government policies prohibiting discrimination, there were reports of official mistreatment or discrimination based on sexual orientation or gender identity. For example, there were reports of security force members raping LGBTQI+ individuals during arrest. A 2018 University of Cape Town report underscored violence and discrimination, particularly against lesbians and transgender individuals. The report documented cases of “secondary victimization” of lesbians, including cases in which police harassed, ridiculed, and assaulted victims of sexual and gender-based violence who reported abuse. LGBTQI+ individuals were particularly vulnerable to violent crime due to anti-LGBTQI+ attitudes within the community and among police. Anti-LGBTQI+ attitudes of junior members of SAPS affected how they handled complaints by LGBTQI+ individuals. According to Mamba Online, a gay news and lifestyle website, more than 22 LGBTQI+ persons were killed since February. One NGO in Durban claimed most hate crime victims did not report their cases to police due to secondary victimization; several activists accused religious leaders of not condemning hate crimes and killings against the LGBTQI+ community.

The constitution prohibits discrimination based on sexual orientation. The law prohibits discrimination against LGBTQI+ persons in housing, employment, nationality laws, and access to government services such as health care. In 2019 the High Court of Gauteng ruled that the Dutch Methodist Church’s ban on solemnizing same-sex marriages was unconstitutional.

There were reports persons accused of witchcraft were attacked, driven from their villages, and in some cases killed, particularly in Limpopo, Mpumalanga, KwaZulu-Natal, and Eastern Cape Provinces. Victims were often elderly women. Traditional leaders generally cooperated with authorities and reported threats against persons suspected of witchcraft.

Persons with albinism faced discrimination and were sometimes attacked in connection with ritual practices.

In October, three men were found guilty of the 2018 murder of Gabisile Shabane, age 13, who lived with albinism. They were given life sentences.

Ritual (muthi) killings to obtain body parts believed by some to enhance traditional medicine persisted. Police estimated organ harvesting for traditional medicine resulted in 50 killings per year.

NGOs reported intimidation and violent attacks on rural land rights activists. In October 2020 environmental activist Fikile Ntshangase was killed in her home. As a prominent member of the Mfolozi Community Environmental Justice Organization, she had been involved in legal proceedings protesting expansion in KwaZulu-Natal Province of one of the country’s largest open coal mines. No arrests were made. Another member of her community critical of the coal mine survived a drive-by shooting of his home in 2020. The South African Human Rights Commission called on the government to create a safe environment for activists to exercise their rights, including acting on threats against activists. Allegedly, two additional antimining activists, Tolakele Mthethwa and Sabelo Dladla, survived attacks in April.

Discrimination against members of religious groups occurred. In 2019 a female SANDF member Major Fatima Isaacs was ordered to remove her religious headscarf from beneath her military beret. She refused the order. In January 2020 SANDF dropped charges against Isaacs of willful defiance and disobeying a lawful command. The military during the year amended its dress policy to allow Muslim women to wear headscarves as part of their uniform

Tunisia

Section 6. Discrimination and Societal Abuses

Rape and Domestic Violence: The law broadly defines violence against women as “any restriction denying women equality in the civil, political, economic, social, or cultural domains.” The law criminalizes rape (including of men), incest, sexual harassment of women in public places, and gender discrimination. A rapist cannot avoid prosecution by marrying the survivor.

Rape remained a taboo subject, and cultural pressures often dissuaded survivors from reporting sexual assault. There were no government public education programs on domestic violence, including rape. Survivors received services at two dozen social centers throughout the country, in addition to five centers – one managed by the government and four by civil society organizations – dedicated to survivors of gender-based violence.

The Ministry of Justice tracked gender-based violence cases, gathering information on cases in each court but not making such information public. The government did not, however, systematically track the number of rape cases. Civil society representatives reported anecdotally that few rape cases resulted in a conviction.

Laws prohibiting domestic violence provide penalties for assault committed by a spouse or family member that are double those of an unrelated individual for the same crime, but enforcement was rare, and domestic violence remained a serious problem. The law allows women to seek restraining orders against their abusers without filing a criminal case or filing for divorce. The Ministry of Women, Family, and Senior Citizens monitored complaints of domestic violence and worked with civil society to increase awareness of the law and help them connect women with available support services. The ministry operated a national hotline for survivors of family violence.

On February 8, Minister of Women, Family and Senior Citizens Imen Zahouani Houimel announced the creation of a national committee to monitor implementation of the anti-gender-based violence law. The committee included representatives from government institutions, national organizations, and civil society. Houimel stated that despite passage of the law, the rate of violence against women remained high. The emergence of political and economic violence, “now practiced not only in traditional closed spaces but also in public spaces,” necessitated the committee’s creation, according to Houimel.

Human rights organizations, including local NGO Aswaat Nissaa and Avocats Sans Frontieres (Lawyers without Borders), issued a May 10 joint press release condemning impunity and calling for implementation of the law against gender-based violence following the May 9 death of an El Kef woman, allegedly killed by her husband, a National Guard officer. According to the Women and Citizenship Association in El Kef, the victim had filed a domestic violence complaint against her husband a few days before her death. Women’s rights groups accused the El Kef deputy prosecutor on duty during the incident of not arresting the defendant because he was a security officer. A campaign in solidarity with the victim spread online. As of July 15, Aswaat Nissaa reported the defendant was in detention pending trial; there were no further developments as of December.

Sexual Harassment: The gender-based violence law allows up to a two-year sentence for the harasser and a 5,000-dinar ($1,840) fine. Sexual harassment can include any act, gesture, or words with sexual connotation, including harassment in the street. The punishment is doubled if the victim is a child or the perpetrator has authority over the victim.

On August 2, independent member of parliament Faycal Tebbini was arrested on charges of online harassment of two female members of parliament in October 2020. On September 22, Tebbini received an eight-month suspended prison sentence for defamation and was released the same day.

On August 16, independent member of parliament Zouheir Makhlouf was placed under house arrest in response to sexual harassment allegations made in 2019 that he allegedly followed and exposed himself to a female student. On November 12, the court sentenced him to one year in prison on sexual harassment and public indecency charges.

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 through the Ministry of Justice, although services were often delayed. Emergency contraception was available without a prescription.

Discrimination: The constitution and law explicitly prohibit discrimination based on race, gender, disability, language, or social status, and the government generally enforced these prohibitions. Women faced societal rather than statutory barriers to their economic and political participation. Codified civil law is based on the Napoleonic code, although on occasion judges drew upon interpretations of sharia as a basis for family and inheritance disputes.

Newly married couples must state explicitly in the marriage contract whether they elect to combine their possessions or to keep them separate. Sharia inheritance law in some instances provides men with a larger share of an inheritance. Some families avoided the application of sharia by executing sales contracts between parents and children to ensure that daughters received shares of property equal to that given to sons. Non-Muslim women and their Muslim husbands may not inherit from each other unless they seek a legal judgment based on the rights enshrined in the constitution. The government considers all children of those marriages to be Muslim and forbids those children from inheriting from their mothers. Spouses may, however, freely give up to one-third of their estate to whomever they designate in their will.

The law prohibits all forms of racial discrimination, including “all distinction, exclusion, restriction, or preference based on race, color, origin, heritage, or all other forms of racial obstruction, obstacle, or deprivation of rights and liberties or their exercise.” The law penalizes acts of racial discrimination with up to three years in prison and a substantial fine for an individual and a larger fine for a legal entity. The government did not effectively enforce the law, and there were no reports of prosecution based on antidiscrimination laws.

Birth Registration: Citizenship is derived by birth from the parents, and the law provides for 10 days to register a newborn. Thereafter, parents have 30 days to explain their failure to register a newborn and complete the registration. Female citizens transmit citizenship on an equal basis with male citizens, and there was no discrimination between a mother and father regarding passport application and authorization to leave the country.

Child Abuse: The law criminalizes child abuse. Between January and November, the Ministry of Women’s psychosocial hotline for children and their families received 5,176 reports of child abuse.

Child, Early, and Forced Marriage: The minimum age for marriage for both sexes is 18, but the courts may, in certain situations, authorize the marriage of persons younger than 18 upon the request and approval of both parents.

Sexual Exploitation of Children: Sexual relations with a child younger than age 16 are considered rape in all cases, and the perpetrator is subject to 20 years in prison with the possibility of a life sentence if there were aggravating circumstances, such as incest or the use of violence (see section 6, Women). The court has discretion, but is not required, to drop the charges of sex with a minor if the perpetrator agrees to marry the victim, with the approval of her parents.

On November 8, the Court of Appeal of Sidi Bouzid sentenced the director of an unlicensed, privately run Quranic school in Regueb, Sidi Bouzid Governorate, to five years in prison, three years of probation, and a 50,000-dinar ($18,500) fine on charges of rape, sexual exploitation of minors, and forced labor of children, in a case dating to January 2019.

The law prohibits child pornography.

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.

The country’s Jewish population numbered an estimated 1,400 persons. An April 7 statement by the religious freedom NGO Attalaki Association highlighted two instances of harassment, including one by a government official: a customs officer who reportedly targeted a Jewish merchant, beating him and removing his pants. Another Jewish man was harassed by a man who yelled at him to leave the country.

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

Persons with Disabilities

Since 1991 the law requires all new public buildings to be accessible to persons with physical disabilities, and the government generally enforced the law. Persons with physical disabilities did not have access to most buildings built before 1991. The government did not ensure information and communications were accessible for persons with disabilities.

The Ministry of Social Affairs is charged with protecting the rights of persons with disabilities. The government issued cards to persons with disabilities for benefits such as unrestricted parking, free and priority medical services, free and preferential seating on public transportation, and consumer discounts. In general, public buses and trains were ill-suited and not easily accessible to persons with disabilities. The government provided tax incentives to companies to encourage the hiring of persons with physical disabilities. The government administered approximately 310 schools for children with disabilities, at least five schools for blind pupils, one higher-education school, and one vocational training institution. These special education centers served individuals ages six to 30. The Ministry of Social Affairs managed centers that provided short- and long-term accommodation and medical services to persons with disabilities who lacked other means of support.

The Ministry of Social Affairs provided 180 dinars ($66) per month to families that included persons with disabilities and an additional 20 dinars ($7) per school-aged child with disabilities.

One of the greatest problems for persons with disabilities, according to the Ibsar Association, an NGO promoting rights for persons with disabilities, was a lack of access to information through education, media, or government agencies. For children with physical disabilities, inaccessible infrastructure remained a major hurdle to their social inclusion, as few buildings or cities were easily accessible to persons with physical disabilities or reduced mobility.

There were very limited education options or public-sector accommodations for persons with hearing or vision disabilities. There were no schools for children with hearing disabilities, and Ibsar estimated that more than 90 percent of persons with hearing disabilities were illiterate. The government provided hearing aids to persons with hearing disabilities.

The HAICA ordered a one-week suspension of Radio Mosaique FM’s daily show “Ahla Sbeh” on March 3 for mocking persons with vision disabilities. The HAICA board called the show’s mockery “a serious violation of human dignity” and ordered the radio station to remove the episode, which had aired on February 23, from its website and social media pages.

For the 2019 national elections, the Independent High Authority for Elections worked with civil society organizations to prepare electoral handbooks in braille and to develop elections-related materials in sign language, including a mobile application that standardizes signed vocabulary and phrases related to elections. Civil society observer groups noted the election authority increased its efforts to ensure accessibility to persons with disabilities but that there continued to be a need for effective, timely voter education programs targeting persons with disabilities and their families.

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

The law criminalizes consensual same-sex sexual conduct between adults. Whereas the French version of the law uses only the word “sodomy,” the Arabic version, which takes precedence, specifically mentions homosexual acts between men and between women. Convictions carry up to a three-year prison sentence. According to NGOs authorities occasionally used the law to detain and question persons concerning their sexual activities and sexual orientation, reportedly at times based on appearance alone. NGOs reported that in some instances lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) individuals were targeted under a penal code article criminalizing “infringement of morality or public morals,” which carries a penalty of six months in prison and a fine of 1,000 dinars ($370).

LGBTQI+ individuals continued to face discrimination and violence, including death and rape threats and societal stigma, and fear of prosecution discouraged individuals from reporting discriminatory violence and threats.

Human rights groups reported an increase in arrests of LGBTQI+ individuals by police, as well as cases of societal harassment. Allegations included reports that some police unions targeted LGBTQI+ participants in January and February protests by posting their home addresses or pictures online and engaging in online hate speech. According to the Damj Association, an LGBTQI+ rights NGO, during the year authorities sentenced 28 LGBTQI+ persons under provisions of the criminal code criminalizing “sodomy,” “infringement of morality or public morals,” and “insulting a public official.”

On January 8, police arrested Zizi, a transgender woman, and four other transgender individuals on charges of public indecency and disturbing public morality. The Damj Association issued a statement on January 12 condemning the arrests and calling for the release of Zizi and other LGBTQI+ individuals in detention. The organization noted police officers denied Zizi access to a lawyer despite her request. On January 23, the First Instance Court of Sousse released all five individuals and dropped all charges against them.

After self-described queer activist Rania Amdouni participated in antigovernment protests in January and February, some police unions posted photographs of her on Facebook groups and called for her arrest. On February 27, Amdouni went to a police station in downtown Tunis to press charges against members of the security forces she claimed harassed and followed her. Police arrested her after she reportedly had a verbal altercation with a police officer at the station. On March 4, a Tunis court sentenced her to six months in prison for insulting a public servant. Amdouni’s supporters held a small protest outside of the Tunis court, and civil society organizations denounced her arrest and called for her release. On March 17, the Appeals Court of Tunis fined Amdouni 200 dinars ($75) and ordered her release. On June 24, she announced her departure from the country to seek asylum in France.

On March 22, Damj Association president Badr Baabou reported that four unidentified individuals physically assaulted him on March 10, targeting him for his LGBTQI+ rights advocacy. According to Damj, police officers in a vehicle approximately 65 feet away failed to respond to the physical assault or verbal harassment. Baabou filed a complaint with the public prosecutor’s office against his assailants and the security officials who allegedly did not intervene.

According to the Damj Association, Baabou was assaulted again, this time by two police officers in downtown Tunis, on October 21. According to public reports, the officers struck Baabou with multiple blows to his body and face. The government did not publicly comment on the case. On December 1, the National Police general inspector opened an investigation into the case and requested Damj’s assistance in collecting documents and statements related to reports of police abuse.

On October 26, the First Instance Court of Tunis sentenced the president of LGBTQI+-rights group Shams Association, Mounir Baatour, in absentia to one year in prison for a 2019 Facebook post that allegedly expressed “contempt of the Prophet.” Baatour has been residing outside Tunisia since 2019 after reportedly receiving death threats.

There continued to be no information on official discrimination based on sexual orientation or gender identity in employment, housing, access to education, or health care.

United Kingdom

Section 6. Discrimination and Societal Abuses

Rape and Domestic Violence: The law criminalizes rape of both women and men, including spousal rape. The maximum legal penalty for rape is life imprisonment. The law also provides for injunctive relief, personal protection orders, and protective exclusion orders (similar to restraining orders) for survivors of gender-based violence. The government enforced the law effectively in reported cases. Courts in some cases imposed the maximum punishment for rape. The government provided shelters, counseling, and other assistance for survivors of rape or violence. NGOs warned that police and Crown Prosecutorial Services have raised the bar for evidence needed, causing survivors to drop out of the justice process. The Crown Prosecution Service was in the second year of a five-year plan for the prosecution of rape and serious sexual offenses (RASSO) to help reduce the gap between reported cases and prosecutions. The plan is committed to improving cooperation between police and prosecutors, fully resourcing RASSO units, and training to improve communication with victims.

The law criminalizes domestic violence. Those who abuse spouses, partners, or family members face tougher punishment than those who commit similar offenses in a nondomestic context. The government estimated that there were 2.3 million survivors of domestic abuse a year between the ages of 16 and 74 (two-thirds of whom were women), and more than one in 10 of all offenses recorded by the police were domestic abuse-related. On April 29, the Domestic Abuse Act became law. It creates a statutory definition of domestic abuse, establishes the office of Domestic Abuse Commissioner, provided for a new Domestic Abuse Protection Notice and Domestic Abuse Protection Order, and requires local authorities in England to provide accommodation-based support to survivors of domestic abuse and their children in refuges and other safe accommodation. The act no longer allows accused perpetrators to cross-examine witnesses in the courts and establishes a statutory presumption that survivors of domestic abuse are eligible for special measures in the criminal, civil, and family courts. It also widened the offense of disclosing private sexual photographs and films with intent to cause distress, established nonfatal strangulation or suffocation of another person as a new offense, and clarified in statute law the general proposition that a person may not consent to the infliction of serious harm and, by extension, is unable to consent to his or her own death.

On July 21, the government published its Tackling Violence Against Women and Girls Strategy to tackle the crimes of rape, female genital mutilation/cutting, stalking, harassment, and digital crimes such as cyberflashing, “revenge porn,” and “up-skirting.”

Domestic abuse incidents in Scotland reached a 20-year high over 2019/20, with Police Scotland recording 63,000 incidents. Government officials suggested an awareness campaign to encourage survivors to report abuse helped drive the increase.

Police in Northern Ireland recorded 31,174 domestic abuse incidents (19,612 crimes) from June 2020 to July 2021, the highest total for a 12-month period since 2004/05. In January the Northern Ireland Assembly passed domestic abuse legislation criminalizing coercive control in the region for the first time.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C and requires health and social care professionals and teachers to report to police cases of FGM/C on girls younger than age 18. It is also illegal to take a British national or permanent resident abroad for FGM/C or to help someone trying to do so. The penalty is up to 14 years in prison. An FGM/C protection order, a civil measure that can be applied for through a family court, offers the means of protecting survivors or at-risk women and girls from FGM/C under the civil law. Breach of an FGM/C protection order is a criminal offense carrying a sentence of up to five years in prison.

FGM/C is illegally practiced in the country, particularly within some diaspora communities from countries where FGM/C is prevalent. The National Health Service reported 2,165 newly recorded cases between January and September.

The government took nonjudicial steps to address FGM/C, including awareness-raising efforts, a hotline, and requiring medical professionals to report FGM/C observed on patients.

Sexual Harassment: The law criminalizes sexual harassment at places of work. Authorities used different laws to prosecute cases of harassment outside the workplace.

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. Health policy was devolved to constituent parts of the country.

Discrimination: The law provides the same legal status and rights for women and men. The government enforced the law effectively. Women were subject to some discrimination in employment (see also section 7.d.).

The law prohibits racial and ethnic discrimination, but Travelers, Roma, and persons of African, Afro-Caribbean, South Asian, and Middle Eastern origin at times reported mistreatment on racial or ethnic grounds.

The majority of hate crimes were racially motivated, accounting for around three-quarters of such offenses (74 percent; 85,268 offenses), an increase of 12 percent.

On May 31, the UN Subcommittee on the Prevention of Torture reported on its visit to the country in 2019. It found persons from Black, Asian, and other minority ethnic groups were over four times more likely to be detained than persons from White ethnic groups. Black Caribbean persons experienced particularly high rates of detention. Those from ethnic minorities were more likely to be subject to restraint and other restrictive practices and to experience disproportionate numbers of deaths in custody and in mental health care. Both male and female individuals from ethnic minorities were significantly overrepresented in prisons, which was attributed to a number of factors including discriminatory sentencing. In 2018 a total of 27 percent of the prison population identified as an ethnic minority, compared with 13 percent of the general population.

In September, Human Rights Watch reported that in the country, black persons were nine times more likely to be stopped and searched, and four times more likely to have force used against them by police than a white person. A black child was four times more likely to be arrested, and three times more likely to be given a caution or sentence. Blacks were also disproportionately represented in the prison population and continued to die at disproportionate rates in custody. A black woman was five times more likely to die in childbirth.

The government responded to nationwide antiracist demonstrations in 2020 by announcing a cross-governmental commission. On March 31, the government’s Commission on Race and Ethnic Disparities reported it did not find the system was “deliberately rigged against ethnic minorities.” The report acknowledged impediments and disparities existed but stated “very few of them are directly to do with racism.” It added that racism was “too often” used as a catchall explanation.

In Scotland racial or other discriminatory motivation may be an “aggravating factor” in crimes. Race-based hate crime was the most commonly reported hate crime in Scotland, accounting for 3,285 charges in 2020/21, an increase of 6 percent on the previous year.

“Right to Rent” rules require all landlords in England to check the immigration documents of prospective tenants to verify they were not irregular or undocumented migrants. Landlords may be fined up to 3,000 pounds ($3,960) for noncompliance.

On March 11, the Scottish Parliament extended protection for vulnerable groups with a new offense of “stirring up hatred.” Under the bill offenses are considered “aggravated” when involving age, disability, race, religion, sexual orientation, transgender identity, or variations in sex characteristics.

In Northern Ireland, 839 racially motivated crimes were recorded in the period July 2020 to June 2021, an increase of 238 compared to the previous 12 months.

Birth Registration: A child born in the UK receives the country’s citizenship at birth if one of the parents is a UK citizen or a legally settled resident. Children born in Northern Ireland may opt for UK, Irish, or dual citizenship. A child born in an overseas territory is a UK overseas territories citizen if at least one of the child’s parents has citizenship. All births must be registered within 42 days in the district where the baby was born; unregistered births were uncommon.

Child Abuse: Laws make the abuse of children punishable by up to a maximum sentence of 14 years’ imprisonment. Social service departments in each local authority in the country maintained confidential child protection registers containing details of children at risk of physical, emotional, or sexual abuse or neglect. The registers also included child protection plans for each child.

Child, Early, and Forced Marriage: The minimum legal age for marriage is 16. In England, Northern Ireland, and Wales, persons younger than 18 require the written consent of parents or guardians, and the underage person must present a birth certificate. The legal minimum age to enter into a marriage in Scotland is 16 and does not require parental consent.

Forcing someone to marry against his or her will is a criminal offense throughout the country with a maximum prison sentence of seven years. Forcing a UK citizen into marriage anywhere in the world is a criminal offense in England and Wales. In 2020 the joint Foreign, Commonwealth, and Development Office and the Home Office Forced Marriage Unit (FMU) provided support in more than 759 cases of potential or confirmed forced marriage involving UK citizens, which represented a 44 percent decrease from 2019, attributable to restrictions on overseas travel and weddings due to the COVID-19 pandemic. Of the cases that the FMU provided advice or support to in 2020, 199 cases (26 percent) involved victims younger than 18 years, 278 cases (37 percent) involved victims ages 18-25, 66 cases (9 percent) involved victims with mental capacity concerns, 603 cases (79 percent) involved female victims, and 156 cases (21 percent) involved male victims.

Assistance included safety advice as well as “reluctant spouse cases” in which the government assisted forced marriage victims in preventing their unwanted spouse from moving to the UK. The government offers lifelong anonymity for victims of forced marriage to encourage more to come forward.

In Scotland, 12 cases of forced marriage were reported in 2020, down from 22 in 2018.

Sexual Exploitation of Children: The penalties for sexual offenses against children and the commercial sexual exploitation of children range up to life imprisonment. Authorities enforced the law. The law prohibits child pornography. The minimum age of consensual sex is 16.

International Child Abductions: The UK, including Bermuda, is 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.

The 2011 census recorded the Jewish population at 263,346. The Institute for Jewish Policy Research and the British Board of Deputies suggested that the actual figure in 2011 was approximately 300,000. A new census was carried out during the year, but the figures were not released before year’s end.

The semiannual report of the NGO Community Security Trust (CST) recorded 1,308 anti-Semitic incidents during the first six months of the year, the highest number the CST has recorded for that period and an increase of 49 percent from the same period in 2020. Of this number, 639 occurred in May. The CST noted the number of reports fluctuated with tensions between Israel and the Palestinians. In educational settings, a total of 130 incidents occurred in schools or during travel to or from school; of these, 21 incidents happened in Jewish schools. There were 355 reported anti-Semitic incidents online.

The CST recorded 87 violent anti-Semitic assaults during the first half of the year, a 67 percent increase from of the same period in 2020. Two of the violent incidents were classified by the CST as “extreme violence,” meaning the incident involved potential grievous bodily harm or a threat to life. There were 56 incidents of damage and desecration of Jewish property and 1,073 incidents of abusive behavior, including verbal abuse, graffiti including on non-Jewish property, social media, and hate mail, an increase of 45 percent from the same period in 2020.

The CST recorded 748 anti-Semitic incidents in Greater London in the first half of the year, an increase of 51 percent from 2020. The 181 incidents the CST recorded in Greater Manchester represented an increase of 159 percent from the same period in 2020. Elsewhere in the country, the CST recorded an anti-Semitic incident in all but four of the 43 police regions, compared with nine regions in the first half of 2020.

In September police arrested a man for six assaults on Jews in the London area. On September 20, Mohammed Iftikhar Hanif, Jawaad Hussain, Asif Ali, and Adil Mota were charged with shouting anti-Semitic abuse while driving around in a convoy in north London on May 16. In December police launched an investigation following an incident in which three men were filmed spitting and yelling anti-Semitic abuse at Jewish passengers celebrating Hanukkah on a privately chartered bus on Oxford Street in London. In December 2020 neo-Nazi Luke Hunter was convicted in Leeds after pleading guilty to seven charges of promoting terrorism and circulating material from terrorist publications against Jews, the lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) community, and non-White minorities. He was sentenced to a jail term of four years and two months.

In September Labour Party leader Sir Keir Starmer said the party had “closed the door” on the “dark chapter” on anti-Semitism with the introduction of new rules to tackle it. Labour published its plan for a major overhaul in response to a highly critical report by the EHRC into its handling of anti-Semitism complaints under former leader Jeremy Corbyn. Reforms included a fully independent complaints process to deal with anti-Semitism. The Board of Deputies of British Jews welcomed the new approach adopted by the party. Jewish Labour member of parliament Dame Margaret Hodge said there was “enormous relief and immeasurable hope to every Labour Party member who has been a victim of vile anti-Jew hate.” Former Labour member of parliament Louise Ellman, who quit Labour over its handling of anti-Semitism, rejoined following the rule changes and said she was “confident” leader Sir Keir Starmer was tackling the issue.

Former Labour leader Jeremy Corbyn remained suspended from the party for refusing to apologize for saying that while the problem (of anti-Semitism) was “absolutely abhorrent,” the scale of the problem was “dramatically overstated for political reasons by our opponents,” and for refusing to retract his words.

In January, Scottish justice minister Hamza Yousaf condemned anti-Semitic abuse against the Celtic soccer club’s Israeli midfielder, Nir Bitton, noting that “anti-Semitism deserves the same contempt as Islamophobia or any other prejudice.”

In April the Northern Ireland Assembly adopted the International Holocaust Remembrance Alliance’s (IHRA) definition of anti-Semitism. The motion, which passed by oral vote, was opposed by some members of the Legislative Assembly who argued the IHRA definition prevents legitimate criticism of the state of Israel. In April, 10 Jewish graves were vandalized in Belfast, Northern Ireland. In the same month, headstones in a Jewish cemetery were destroyed in what police stated was a hate crime. The incident was condemned by all political parties in Northern Ireland.

In May a Jewish-owned business in Londonderry was vandalized with graffiti. Police initiated an investigation into the incident.

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

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. Government enforcement of rules governing access was inadequate.

Bermudian law protects the rights of persons with disabilities in the workplace. The law does not include any protection from discrimination on mental health grounds.

According to the government’s UK Disability Survey Research Report, June 2021, which surveyed 14,491 individuals to inform the development of its National Disability Strategy, over a quarter of respondents with disabilities often had difficulty accessing public buildings, while one in three respondents with disabilities often had difficulty accessing public spaces. Many persons with disabilities and carers who had trouble accessing public buildings also reported difficulty accessing important public services. Respondents reported cases of insufficient access to privately owned buildings used by the public, such as shops, bars, restaurants, and cafes. Many persons with disabilities and carers reported that they live in homes, which do not meet their needs to live independently or to provide care, or that they have needed to make significant adjustments to their homes to meet accessibility requirements.

In July a deaf woman won a High Court action against the government after arguing it had breached its obligations to make broadcasts accessible to deaf individuals under equality legislation. The court ruled the absence of interpretation constituted discrimination.

Children with disabilities attended school through secondary education at similar rates to children without disabilities. The law requires all publicly funded preschools, nurseries, state schools, and local authorities to try to identify, help assess, and provide reasonable accommodation to children with “special educational needs or disabilities.”

According to the UK Disability Survey, only one in 10 respondents with disabilities to the survey agreed that persons with disabilities are given the educational opportunities they need to thrive in society. Over half of respondents with disabilities not employed reported that they would like more help finding and keeping a job. Of those employed, half of respondents with disabilities felt their employer was flexible and made sufficient reasonable adjustments, and half of care givers felt their employer was supportive of their caring responsibilities. Only a quarter of persons with disabilities and care givers felt they had the same promotion opportunities as their colleagues.

Over half of respondents to the UK Disability Survey reported worrying about being insulted or harassed in public places, and a similar proportion reported being mistreated because of their disability. In the year ending in March, police in England and Wales recorded 9,943 disability hate crimes. According to disability rights organizations United Response and Leonard Cheshire, only 1 percent of alleged hate crime cases across England and Wales in 2020/21 were referred to the Crown Prosecution Service or charged.

In April former Metropolitan Police officer Benjamin Kemp was dismissed from his job after the Independent Office for Police Conduct determined he used excessive force against a 17-year-old girl with learning disabilities in 2019. Kemp reportedly used tear gas spray and struck the girl over 30 times with a baton. A spokesperson for the Crown Prosecution Service stated, “prosecutors carefully considered the evidence passed to them by the Independent Office for Police Conduct in 2019 and determined that, taking into account the circumstances of this particular incident, their legal test was not met” to charge Kemp.

The Crown and Procurator Fiscal’s Office, Scotland’s prosecutor, reported in June that the number of recorded hate crimes against persons with disabilities rose by 29 percent to 387 in 2019/20.

The EHRC provided legal advice and support to individuals and a hotline. It could also conduct formal investigations, arrange conciliation, require persons or organizations to adopt action plans to ensure compliance with the law, and apply for injunctions to prevent acts of unlawful discrimination.

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

There were no reports of police or other government agents inciting, perpetrating, or condoning violence against LGBTQI+ individuals or those reporting on such abuse. There were reports of violence and discrimination based on sexual orientation or gender identity against LGBTQI+ persons.

The law in England and Wales prohibits discrimination and harassment based on sexual orientation. It encourages judges to impose a greater sentence in assault cases where the victim’s sexual orientation was a motive for the hostility, and many local police forces demonstrated an increasing awareness of the problem and trained officers to identify and moderate these attacks. The government generally enforced the law. In the year ending in March, police in England and Wales recorded 124,091 hate crimes, of which 18,596 were sexual-orientation hate crimes and 2,799 were transgender hate crimes.

Sexual motivation may be an “aggravating factor” in crimes. Crime aggravated by sexual orientation was the second most common type of hate crime in Scotland. Hate crime against LGBTQI+ persons accounted for 1,580 charges in 2020/21, an increase of 5 percent year on year. According to figures obtained by Vice World News, the number of homophobic hate crimes in the UK has tripled and the number of transphobic hate crime reports quadrupled over the last six years. Figures received through responses to freedom of information requests from police forces across the country showed there were 6,363 reports of hate crimes based on sexual orientation in 2014/15, compared to 19,679 in 2020/21. For reports of transphobic hate crimes, there were 598 in 2014/15 and 2,588 in 2020/21.

Statistics from the Police Service of Northern Ireland showed 262 homophobic crimes and 33 transphobic crimes.

In June, LGBTQI+ NGO Galop reported that only one in five LGBTQI+ persons surveyed were able to access support after experiencing a hate crime. Galop reported that only one in eight LGBTQI+ persons surveyed had reported the most recent incident they had experienced to the police, with over half saying they thought the police would not do anything, and almost a third who did not submit a report did not because they mistrusted or were fearful of the police.

In October police arrested a second man on suspicion of murdering Ranjith “Roy” Kankanamalage in a suspected homophobic attack that occurred in August. As of November the investigation was ongoing.

Observers reported individuals identifying as LGBTQI+ were more likely to experience worse health outcomes than the general population, found it harder to access services, and had poorer experiences of using services when they were able to access them. According to the report Trans lives survey 2021: Enduring the UKs hostile environment published in September by NGO TransActual UK, one in seven transgender persons have been refused care or treatment by their general practitioner because they were transgender.

In October the minister for women and equalities vowed to protect LGBTQI+ persons, and especially those under 18, from harmful conversion therapies. The government launched consultations and published its proposals on how to make coercive conversion therapies illegal. According to some observers, the government’s proposals would still leave individuals over 18 open to abuse.

According to a report published in September by the Universities and Colleges Admissions Service in partnership with LGBTQI+ rights NGO Stonewall, UK’s LGBTQI+ students increasingly view the education system as a space where they feel safe and free to be themselves. The report also stated that individuals identifying as transgender tend to have a less positive experience, with these individuals being less likely to be open about their gender identity, and more likely to have a health condition and achieve lower grades. A report titled Growing up LGBTQI+ published by Just Like Us in June stated LGBTQI+ students were twice as likely to have been bullied and 91 percent had heard negative language about being LGBTQI+.

Hate speech, notably against Muslims, in some traditional media, particularly tabloid newspapers, continued to be a problem, with dissemination of biased or ill-founded information. Online hate speech also was a problem. There were also instances of societal violence against Muslims and attacks on mosques. In May worshippers attending a mosque during Ramadan were pelted with eggs. In September an individual set fire to a Manchester mosque, an act that authorities investigated as a hate crime.

Scottish law criminalizes behavior that is threatening, hateful, or otherwise offensive at a regulated soccer match, and penalizes any threat of serious violence and threats to incite religious hatred through the mail or the internet.

In Northern Ireland crimes related to faith or religion totaled 37 for the same period, an increase of 22 from the previous year. Sectarian crimes increased by 170 to 804.

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