Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law criminalizes rape, and the criminal code’s definition of rape may apply to spousal rape, at the judge’s discretion. The law requires the Attorney General’s Office to prosecute rape cases whether or not the victim presses charges, and the law does not permit the victim to withdraw the criminal charge. Cases may be dropped for lack of evidence if the victim refuses to provide it. The penalty for rape is generally six to 10 years’ imprisonment, but the law provides for a maximum sentence of 20 years for raping certain classes of victims, including children and persons with disabilities.
Incidents of rape continued to be underreported for several reasons, including societal and cultural pressures on victims, fear of reprisal, ineffective and unsupportive responses by authorities to victims, fear of publicity, and a perception among victims that cases were unlikely to be prosecuted. Laws against rape were not effectively enforced.
Rape and other sexual crimes against women were widespread. On February 26, the PDDH criticized the Ministry of Justice and Public Security’s UTE general director Mauricio Rodriquez, for failing to provide adequate security to seven female witnesses and victims of sex trafficking, one of whom was sexually assaulted by a security guard in a shelter supervised by the UTE. Although the victim filed a complaint, the security guard was not sanctioned or removed.
The Attorney General’s Office reported that, as of July 18, 658 women had been victims of sexual-related crimes and 63 defendants had been convicted for sexual-related crimes against women. As of March 9, the Salvadoran Institute for the Development of Women (ISDEMU) reported 385 cases of rape against women.
ISDEMU provided health and psychological assistance to women who were victims of sexual abuse, domestic violence, mistreatment, sexual harassment, labor harassment, trafficking in persons, commercial sexual exploitation, or alien smuggling.
Violence against women, including domestic violence, was a widespread and serious problem. A large portion of the population considered domestic violence socially acceptable; as with rape, its incidence was underreported. The law prohibits domestic violence and generally provides for sentences ranging from one to three years in prison, although some forms of domestic violence carry higher penalties. The law also permits restraining orders against offenders. Laws against domestic violence were not well enforced, and cases were not effectively prosecuted. The law prohibits mediation in domestic violence disputes.
Between January and July 2016, ISDEMU reported 21 cases of femicide, 458 cases of physical abuse, 385 cases of sexual violence, and 2,259 cases of psychological abuse. ISDEMU reported 3,070 cases of domestic violence against women during the same period. In June ISDEMU issued its 2015 annual report on violence against women and reported that 230 died due to violence in the first six months of 2015, compared with 294 during the same period in 2014 and 217 in 2013.
ISDEMU coordinated with the judicial and executive branches and civil society groups to conduct public awareness campaigns against domestic violence and sexual abuse. The PDDH, the Attorney General’s Office, the Supreme Court, the Public Defender’s Office, and the PNC collaborated with NGOs and other organizations to combat violence against women through education, increased enforcement of the law, and programs for victims. The Secretariat of Social Inclusion, through ISDEMU, defined policies, programs, and projects on domestic violence and continued to maintain one shared telephone hotline and two separate shelters for victims of domestic abuse and child victims of commercial sexual exploitation. The government’s efforts to combat domestic violence were minimally effective.
Women’s rights NGOs claimed that many violent crimes against women occurred within the context of gang structures, where women were “corralled” and “disposed of at the whims of male gang members.”
On March 3, women’s rights activist for the NGO Hablame de Respeto (“Speak to me about respect”) Aida Pineda was found dead, shot 11 times in front of her house in Milagrosa, San Miguel. Colleagues of Pineda contended that her killing was a femicide and that she was targeted for being a “powerful woman” who challenged the control of the Barrio 18 gang’s repressive behavior toward women.
As of August, the Office of the Inspector General reported 40 cases of alleged violations of police officers against women due to their gender.
In an effort to sensitize the judicial system to gender-based violent crimes, the Legislative Assembly approved the creation of specialized courts for violence against women. The San Salvador courts began operations on June 1, while the San Miguel and Santa Ana courts were scheduled to start in 2017.
Sexual Harassment: The law prohibits sexual harassment and provides imprisonment of up to five years if the victim is an adult and up to eight years if the victim is a minor. Courts may impose fines in addition to a prison term in cases where the perpetrator is in a position of trust or authority over the victim. The law also mandates that employers take measures to avoid sexual harassment, violence against women, and other workplace harassment problems. The law requires employers to create and implement preventive programs to address violence against women, sexual abuse, and other psychosocial risks. The government, however, did not enforce sexual harassment laws effectively. Since underreporting by victims of sexual harassment appeared to be widespread, it was difficult to estimate the extent of the problem.
Reproductive Rights: Couples and individuals generally have the right to decide the number, spacing, and timing of having children; manage their reproductive health; and have access to the information and means to do so, free from discrimination, coercion, or violence. Access to reproductive health services outside of the capital city San Salvador, however, was limited.
Civil society advocates expressed concern that the country’s complete abortion ban had led to the wrongful incarceration of women who suffered severe pregnancy complications, including miscarriages. Between 1999 and 2011, 17 women (referred to as “Las 17”) were charged for having an abortion and convicted of homicide following obstetric emergencies and were sentenced to up to 40 years in prison. A petition was filed with the Inter-American Commission on Human Rights that highlighted violations of due process and of women’s rights. Amnesty International and the UN Development Program claimed the women had miscarriages, while the Legal Medicine Institute argued that the women committed infanticide through abortion. In December 2014 one of “Las 17,” Mirna Isabel Rodriguez, “Mima,” was released after serving her prison sentence before her pardon could be finalized. On May 20, San Salvador’s Third Tribunal Sentencing Court ruled there was not enough evidence to prove charges against a second member of the group, Maria Teresa Rivera, for aggravated homicide after having a miscarriage in 2011. On October 24, an appellate court did not admit a case against a third member, Santos Elizabeth Gamez Herrera. The Legislative Assembly was reviewing the remaining 14 cases. During the year the NGO Colectiva Feminista reported that two more women presented their cases, which included similarities with those of the “Las 17” women.
Discrimination: The constitution grants women and men the same legal rights but women did not enjoy equal treatment. The law establishes sentences of one to three years in prison for public officials who deny a person’s civil rights based on gender and six months to two years for employers who discriminate against women in the workplace, but employees generally did not report such violations due to fear of employer reprisals.
Although pregnancy testing as a condition for employment is illegal, some businesses allegedly required female job applicants to present pregnancy test results, and some businesses illegally fired pregnant workers.
The law prohibits discrimination based on gender; nevertheless, women suffered from cultural, economic, and societal discrimination. The law requires equal pay for equal work, but according to the 2015 World Economic Forum Global Gender Gap Report, the average wage paid to women for comparable work was 60 percent of compensation paid to men. Men often received priority in job placement and promotions, and women did not receive equal treatment in traditionally male-dominated sectors, such as agriculture and business. Training was generally available for women only in low- and middle-wage occupations where women already held most positions, such as teaching, nursing, apparel assembly, home industry, and small business.
Birth Registration: Children derive citizenship by birth within the country and from one’s parents. The law requires parents to register a child within 15 days of birth or pay a $2.85 fine. While firm statistics were unavailable, many births were not registered. Failure to register resulted in denial of school enrollment.
Education: Education is free, universal, and compulsory through the ninth grade and nominally free through high school. Rural areas, however, frequently did not provide required education to all eligible students due to a lack of resources and because rural parents often withdrew their children from school by the sixth grade to allow them to work.
Child Abuse: Child abuse was a serious and widespread problem. Incidents of abuse continued to be underreported for a number of reasons, including societal and cultural pressures on victims, fear of reprisal against victims, ineffective and unsupportive responses by authorities toward victims, fear of publicity, and a perception among victims that cases were unlikely to be prosecuted. During the year an appellate judge issued a report noting serious deficiencies in technical criteria for determining whether minors are victims of child abuse.
The Salvadoran Institute for the Comprehensive Development of Children and Adolescents (ISNA), an autonomous government entity, defined policies, programs, and projects on child abuse; maintained a shelter for child victims of abuse and female child victims of commercial sexual exploitation; and conducted a violence awareness campaign to combat child abuse. From January to May, ISNA reported providing psychological assistance to 131 children for physical and psychological abuse and 134 for sexual violence.
Early and Forced Marriage: The legal minimum age for marriage is 18, although the law authorizes marriage from the age of 14 if both the boy and girl have reached puberty, if the girl is pregnant, or if the couple has a child.
Sexual Exploitation of Children: Sexual exploitation of children, including girls and boys in prostitution, remained a problem. Child sex trafficking is prohibited by law, which prescribes penalties of 10 to 14 years’ imprisonment for trafficking crimes. An offense committed against a child is treated as an aggravating circumstance, and the penalty increases by one-third, but the government did not effectively enforce these laws.
The minimum age for consensual sex is 18. The law classifies statutory rape as sexual relations with anyone under the age of 18 and includes penalties of four to 13 years’ imprisonment.
The law prohibits paying anyone under the age of 18 for sexual services. The Secretariat of Social Inclusion, through ISDEMU, continued to maintain one shared telephone hotline for child victims of commercial sexual exploitation and victims of domestic abuse. The law prohibits participating in, facilitating, or purchasing materials containing child pornography and provides for prison sentences of up to 16 years for violations.
Displaced Children: Surveys indicated the primary motivations for migration were family reunification, a lack of economic and educational opportunity in the country, and fear of violence.
International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at travel.state.gov/content/childabduction/en/legal/compliance.html.
The Jewish community totaled approximately 150 persons. There were no known reports of anti-Semitic acts.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
Persons with Disabilities
The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities in employment, education, air travel and other transportation, access to health care, and the provision of other state services. The National Council for Comprehensive Attention to Persons with Disability (CONAIPD), composed of representatives from multiple government entities, is the government agency responsible for protecting disability rights, but it lacked enforcement power. According to CONAIPD, the government did not allocate sufficient resources to enforce prohibitions against discrimination effectively, particularly in education, employment, and transportation. The government did not effectively enforce legal requirements for access to buildings, information, and communications for persons with disabilities. There were almost no access ramps or provisions for the mobility of persons with disabilities. Children with disabilities generally attended primary school, but attendance at higher levels was more dependent on their parents’ financial resources.
According to CONAIPD, only 5 percent of businesses and nongovernment agencies fulfilled the legal requirement of hiring one person with disabilities for every 25 hires. There was no information available regarding abuse in educational or mental health facilities, although CONAIPD previously reported isolated incidents, including sexual abuse, in those facilities.
CONAIPD reported employers frequently fired persons who acquired disabilities and would not consider persons with disabilities for work for which they qualified. Some schools would not accept children with disabilities due to a lack of facilities and resources. There was no formal system for filing a discrimination complaint involving a disability with the government.
Due to their use of sign language, several young deaf individuals were confused with gang members (who also used signs to communicate) by police officers and soldiers and suffered mistreatment.
On May 25, CONAIPD and the Cooperative Transport Association Ciudad Delgado launched 10 bus units with platform access for persons with disabilities.
Several public and private organizations, including the Telethon Foundation for Disabled Rehabilitation and the National Institute for Comprehensive Rehabilitation (ISRI), promoted the rights of persons with disabilities. The Rehabilitation Foundation, in cooperation with ISRI, continued to operate a treatment center for persons with disabilities. CONAIPD reported that the government provided minimal funding for ISRI.
A 2014 constitutional amendment recognizes the rights of indigenous people, but no laws provide indigenous people rights to share in revenue from exploitation of natural resources on historically indigenous lands. The government did not demarcate any lands as belonging to indigenous communities. Because few possessed title to land, opportunities for bank loans and other forms of credit were extremely limited.
During the year the municipalities of Conchagua and Santo Domingo de Guzman, which have relatively higher populations of Nahuat speakers, approved regulations to improve the living conditions for women, persons with disabilities, and older indigenous individuals in the towns and made reference to their historic lands.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
Although the law prohibits discrimination on the basis of sexual orientation and gender identity, discrimination against LGBTI persons was widespread, including in employment and access to health care. In May the PDDH conducted a survey of transgender individuals and reported that 52 percent had suffered death threats or violence, of which 23.7 percent had reported the incidents.
NGOs reported that public officials, including police, engaged in violence and discrimination against LGBTI persons. Members of the LGBTI community stated that PNC and Attorney General’s Office personnel ridiculed them when they applied for identification cards or reported cases of violence against LGBTI persons. The NGO Space for Lesbian Women for Diversity claimed that, as of November, the Attorney General’s Office had not prosecuted any cases of killings and other violent acts or of possible human rights violations committed by public officials against LGBTI persons. The Secretariat for Social Inclusion reported that 11 LGBTI persons were killed during the year because of their sexual orientation. The PDDH reported that since 2009 a total of 18 LGBTI persons were killed because of their sexual orientation.
Wilber Leonel Flores Lopez, a former soldier, was charged with attempted murder of a transgender individual on April 9. Flores was arrested on August 23. On August 26, an initial hearing was held in the First Court of Peace of Santa Ana, where the testimony of the victim, medical reports, and other forensic evidence were analyzed. The judge, however, did not order prison detention for Flores. The trial was pending, and prosecutors appealed the judge’s decision not to jail Flores.
On May 30, the newspaper La Prensa Grafica reported that police had uncovered the body of a transgender woman who had been beaten and strangled to death. An autopsy report by the Forensic Science Institute showed that the victim’s body was mutilated and showed indications that the victim was sexually violated. The PNC did not declare a motive for the killing. LGBTI NGOs alleged the victim was targeted due to her transgender identity and that authorities refused to investigate the crime from that angle.
On August 10, the Attorney General’s Office pressed assault charges against five officers involved in the assault in January 2015 of Alex Pena, a transgender man and municipal police officer. On October 6, police officers Melvin Neftali, Hernandez Alvarado, and Francisco Balmore Hernandez were convicted and sentenced to four years in prison for assault. The other officers were acquitted. On October 6, the government reported on the convictions using Pena’s female birth name.
HIV and AIDS Social Stigma
Although the law prohibits discrimination on the basis of HIV/AIDS status, Entre Amigos, a LGBTI NGO, reported that discrimination due to HIV was widespread. Lack of public information and medical resources, fear of reprisal, fear of ostracism, and mild penalties incommensurate with the seriousness of the discrimination remained problems in confronting discrimination against persons with HIV/AIDS or in assisting persons suffering from HIV/AIDS. As of June 30, the PDDH reported four cases of discrimination against persons with HIV or AIDS. As of October, the Ministry of Labor had reported one case of discrimination against an HIV-positive employee based on the illness.