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Afghanistan

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

LGBTQI+ individuals reported they continued to face arrest by security forces and discrimination, assault, and rape. There were reports of harassment and violence of LGBTQI+ individuals by society and police. Same-sex sexual conduct was widely seen as taboo and indecent. LGBTQI+ individuals did not have access to certain health-care services and could be fired from their jobs because of their sexual orientation or gender identity. Organizations devoted to protecting the freedom of LGBTQI+ persons remained underground because they could not legally register with the government. Registered organizations working on health programs for men who have sex with men faced harassment and threats by the Ministry of Economy’s NGO Directorate and NDS officials.

The Taliban takeover of the country increased fears of repression and violence among LGBTQI+ persons, with many individuals going into hiding to avoid being captured by the Taliban. Many fled the country after the takeover. After the takeover, LGBTQI+ persons faced increased threats, attacks, sexual assaults, and discrimination from Taliban members, strangers, neighbors, and family members.

Members of the LGBTQI+ community reported being physically and sexually assaulted by Taliban members, and many reported living in physically and economically precarious conditions in hiding. In July a Taliban judge stated that gay men would be subject to death by stoning or crushing. In August a gay man was reportedly tricked into a meeting by two Taliban members and then raped and beaten. There were also reports from members of civil society that LGBTQI+ persons were outed purposely by their families and subjected to violence to gain favor with the Taliban. There were reports of LGBTQI+ persons who had gone missing and were believed to have been killed.

The law criminalizes consensual same-sex sexual conduct. Under sharia, conviction of same-sex sexual conduct is punishable by death, flogging, or imprisonment. Under the law, sex between men is a criminal offense punishable by up to two years’ imprisonment and sex between women with up to one year of imprisonment. Individual Taliban members have made public statements confirming that their interpretation of sharia allows for the death penalty for homosexuality.

The law does not prohibit discrimination or harassment based on sexual orientation or gender identity. LGBTQI+ persons faced societal and governmental discrimination both before and after the Taliban takeover.

Albania

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

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

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

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

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

The law prohibits discrimination based on sexual orientation, including in employment. Enforcement of the law was generally weak. The National Action Plan for LGBTI concluded in 2020, and a new one for 2021-27 was being drafted. As of August, the commissioner for protection from discrimination had received seven cases of discrimination based on sexual orientation, gender identity, or both. Most cases were under review. In one case, the commissioner ruled against a Tirana taxi company that had refused services to transgender persons. The company had yet to respond to the commissioner. Reports indicated that LGBTQI+ persons continued seeking asylum in EU countries.

Sexual orientation and gender identity are among the classes protected by the country’s hate crime law. Despite the law and the government’s formal support for rights, public officials sometimes made homophobic statements. Some incidents of hate speech occurred online and in the media after an LGBTQI+ activist suggested changing the law to enable registering the children of LGBTQI+ couples. NGOs filed the case with the antidiscrimination commissioner and the ombudsperson. Government institutions did not react to the controversy.

Several persons were arrested for physically assaulting a transgendered person. As of August, the shelter service NGO Streha had assisted 72 LGBTQI+ youths facing violence or discrimination in their family and community. The Ministry of Health increased support to the shelters by covering the costs of shelter staff salaries. Other shelter costs, including food, medication, and shelter rent, remained covered by donors.

Algeria

Andorra

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

The law considers sexual orientation an “aggravating circumstance” for crimes motivated by hate or bias. There were few cases of violence based on sexual orientation, gender identity, or sex characteristics. The Ministry of Social Affairs, Youth, and Equality received requests for psychological, social, and legal assistance from individuals based on their gender identity or expression. NGOs called for appropriate training on transsexuality, especially for professionals working with children, including medical professionals, teachers, and civil servants. Complaints on the grounds of sexual orientation and gender identity may be brought before the civil and administrative courts. Civil society saw a need for the government to improve its sensitivity to problems of the lesbian, gay, bisexual, transgender, queer, and intersex community.

Angola

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

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

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

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

The constitution prohibits all forms of discrimination but does not specifically address sexual orientation or gender identity. On February 11, changes to the penal code took effect that decriminalize same-sex sexual relations and criminalize acts of violence or discrimination based on a person’s sexual orientation. Transgender and intersex persons are not specifically covered in the new legislation, nor does it recognize same-sex marriage, leading to problems in adoption and family planning, accompanying family into health-care facilities, and obtaining appropriate identity documents.

Local NGOs reported that LGBTQI+ persons faced violence, discrimination, and harassment. The government, through its health agencies, instituted a series of initiatives to decrease discrimination against LGBTQI+ persons.

Discrimination against LGBTQI+ persons was rarely reported, and when reported, LGBTQI+ persons asserted that sometimes police refused to register their grievances. The Ministry of Health continued to collaborate with the National Institute to Fight HIV/AIDS to improve access to health services and sexual education for the LGBTQI+ community.

Antigua and Barbuda

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

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

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

There were no reports of public violence committed against lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons due to their actual or perceived sexual orientation.

Sodomy is criminalized under indecency statutes, with a maximum penalty of 15 years’ imprisonment; however, the law was not enforced. Consensual same-sex sexual conduct between men or between women is criminalized with a maximum penalty of up to five years’ imprisonment. No law specifically prohibits discrimination against LGBTQI+ persons.

Area Administered by Turkish Cypriots

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The “law” criminalizes rape of men and women, including spousal rape, and provides for a maximum sentence of life imprisonment. Authorities and police did not enforce the “law” effectively. No “laws” specifically address domestic violence. The “law” prohibits domestic violence under various assault and violence or battery clauses, with a maximum sentence of four years imprisonment.

Violence against women, including spousal abuse, remained a major problem. The Nicosia Turkish Municipality operated a shelter for victims of domestic violence, and there were local NGOs that supported rape and domestic violence victims. Turkish Cypriot authorities also reported establishing gender focal points at relevant “ministries” to respond to complaints of violence against women.

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

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

Nicosia district police in the area administered by Turkish Cypriots operated the specialized Combating Violence against Women Unit to respond to complaints of domestic violence, including calls to a dedicated hotline.

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

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

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

Sexual Harassment: The “criminal code” prohibits sexual harassment and considers it a misdemeanor punishable by up to 12 months imprisonment, an unspecified fine, or both. According to NGOs, sexual harassment went largely unreported. The NGO Voice of International Students in Cyprus (VOIS) reported widespread sexual harassment of female international students and noted that police routinely dismissed complaints of sexual harassment from international students. The organization reported in March that an international student was raped by her landlord’s friend. The perpetrator allegedly tried to bribe the victim to keep her from reporting the incident to police. Although the victim sought help from local NGOs, as of year’s end, police had not opened an investigation.

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

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

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

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

Discrimination: The “law” provides the same “legal” status and rights for women and men, but authorities did not enforce the “law” effectively. Women experienced discrimination in such areas as employment, credit, owning or managing businesses, education, and housing. For example, female teachers were reportedly instructed to schedule their pregnancies in order to deliver during summer break. Some female teachers working at private schools were dismissed from their duties for being pregnant during or at the beginning of the school year.

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

The “law” prohibits discrimination against LGBTQI+ persons based on sexual orientation or gender identity in housing, employment, nationality laws and access to government services. According to the “criminal code,” it is a minor offense for a civil servant employee to discriminate against any person based on sexual orientation or gender identity.

Authorities did not effectively enforce the “law.”

While there were no reported cases of official or societal discrimination based on sexual orientation or gender identity in employment, housing, or access to education or health care, members of the LGBTQI+ community noted an overwhelming majority of LGBTQI+ persons concealed their sexual orientation or gender identity to avoid potential discrimination.

The Queer Cyprus Association reported LGBTQI+ persons often could not access legal remedies to discrimination based on sexual orientation or gender identity because authorities declined to enforce them.

Argentina

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The National Observatory of Hate Crimes registered 69 official complaints of hate crimes against lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) individuals and six killings in the first half of 2020. The numbers were comparable with the same period in 2019.

National antidiscrimination laws do not specifically include the terms “sexual orientation or gender identity” as protected grounds, only “sex.” There was no reported official discrimination, however, based on sexual orientation or gender identity in employment, housing, or access to education. There were some cases of discrimination based on sexual orientation or gender identity in access to health care. Officials from the Ministry of Women, as well as media and NGOs, reported cases of discrimination, violence, and police brutality toward LGBTQI+ individuals, especially transgender persons.

In September 2020 President Fernandez decreed that at least 1 percent of the positions in public administration must be held by transvestites, transsexuals, and transgender persons. The Senate implemented a similar decree to regulate its own hiring practices.

In June the Senate passed a law providing access to formal employment for transvestites as well as transgender and transexual individuals. The law provides the same legal protections and privileges for transgender persons in the workplace as for cisgender persons, such as paid vacation and retirement provisions.

On July 21, the government formally recognized nonbinary identities through a presidential decree. The decree allows individuals to list an “X” for gender on national identity documents.

Armenia

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

There were isolated reports that government agents perpetrated violence against LGBTQI+ individuals. On March 13, conscript H. A. applied to the NGO New Generation for assistance, stating his fellow servicemen began harassing him after learning of his sexual orientation. He was subsequently moved to another military unit, where another conflict arose due to his orientation. He alleged that after learning of his sexual orientation, acting chief of regional military police G. L. insulted him, then loaded his pistol and shot twice at the left and right sides of his feet. G. L. then aimed the loaded pistol at H. A.’s forehead, threatening to kill him, and hit H. A. with the handle of the pistol, fracturing his nose and teeth. Later that day, H. A. was moved to the Stepanakert military police department where G. L. and several other officials allegedly beat him with wooden clubs causing bodily injuries. H. A. was left in a cell for several days. He reported the abuse only after he was moved to another military unit. Authorities opened a criminal case which was ongoing by the end of the year.

Human rights organizations reported an overall increase in the number of societal attacks based on sexual orientation and gender identity during the year. In most cases there was no official action to investigate or punish the perpetrators. The NGO Pink Armenia documented 28 cases of human rights violations from January 2020 to August, including 12 incidents of domestic violence. The victims reported the cases to police in only seven cases, three of which were dismissed. LGBTQI+ individuals were reluctant to report cases to law enforcement due to lack of trust that they would be properly examined and investigated and that the offenders would be punished. In July for example, New Generation reported that a college student from the LGBTQI+ community had been beaten by his classmates. The physical abuse was preceded by repeated insults related to his sexual orientation or gender identity. The victim reported the assault to police, but authorities did not open a criminal case.

Cases of violence against transgender women continued during the year. On June 15, New Generation reported that a transgender woman walking with friends in Yerevan was subjected to insults by a group of persons due to their perceived sexual orientation and gender identity. The verbal attacks were followed by a physical assault, with the assailants kicking and dragging the victims. The victims declined to report the assault to police. The NGO Right Side reported that on September 4, at approximately 3:30 a.m. in Yerevan, an unknown person approached transgender woman G. K. and her friend, also a transgender woman, in front of the municipal government office and threatened that if G. K. did not have sex with him, he would beat and stab her. G. K. asked him to leave them alone, but the assailant forced her to go with him. Seeing no alternative, G. K. asked her friend to immediately seek assistance from law enforcement, after which the perpetrator stabbed her on the leg and shoulder. G. K. managed to escape and went to the Arabkir police station to report the assault. According to G. K., police subjected her to ridicule but did nothing to find the perpetrator.

On February 3, a trial court Yerevan issued a verdict in a 2018 case in which an assailant attacked and set fire to the apartment of a transgender sex worker after learning her identity. The court sentenced the assailant under expedited proceedings, despite the victim’s objection, as such proceedings entail lesser sentences, to three and one-half years in prison on charges of inflicting grave bodily injury. The victim believed this punishment did not fit the crime. Subsequently, the court applied a 2018 amnesty provision that released the assailant from serving any time.

According to Pink Armenia, in February the investigation body in the Syunik region closed the case and dropped charges against residents of Shurnukh village who attacked LGBTQI+ activists in 2018, due to the expiration of the statute of limitations. In August 2020 the criminal court of appeals ruled that investigators had not carried out a proper investigation of the attack and had not taken into consideration the psychological suffering of the victims and discriminatory nature of the crime, ordering that the case be reopened.

Law enforcement bodies declined to prosecute a number of cases in which perpetrators called for violence and attempted to “justify” violence against LGBTQI+ persons on the grounds of their sexual orientation or gender identity.

Antidiscrimination laws do not extend protections to LGBTQI + persons on the basis of sexual orientation or gender identity. There are no hate crime laws or other criminal judicial mechanisms to aid in the prosecution of crimes against members of the LGBTQI+ community. Societal discrimination based on sexual orientation and gender identity negatively affected all aspects of life, including prospects for employment, housing, family relations, and access to education and health care. Calls for violence against LGBTQI + individuals escalated after the fighting in fall 2020 and in advance of the June parliamentary elections. Transgender persons were especially vulnerable to physical and psychological abuse and harassment.

Openly gay men are exempt from military service. An exemption, however, requires a medical finding based on a psychological examination indicating an individual has a mental disorder; this information appears in the individual’s personal identification documents and is an obstacle to employment and obtaining a driver’s license. Gay men who served in the army reportedly faced physical and psychological abuse as well as blackmail by fellow soldiers and the command.

Australia

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

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.

Austria

Section 6. Discrimination and Societal Abuses

Women

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

Under the law, the government provides psychosocial care in addition to legal aid and support throughout the judicial process to survivors of gender-based violence. Police training programs addressed sexual or gender-based violence and domestic abuse. The government funded privately operated intervention centers and hotlines for victims of domestic abuse.

Sexual Harassment: The law prohibits sexual harassment, and the government generally enforced the law. Labor courts may order employers to compensate victims of sexual harassment; the law entitles a victim to monetary compensation. The Ministry for Women, Family, Youth and Integration and the labor chamber regularly provided information to the public on how to address sexual harassment.

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

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

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

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, condoning, or tolerating violence against lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) individuals or those reporting on such abuse. There was some societal prejudice against LGBTQI+ persons but no reports of violence or discrimination based on sexual orientation or gender identity. LGBTQI+ organizations generally operated freely. According to a survey by the EU Fundamental Rights Agency, 11 percent of homosexual persons and 17 percent of transgender persons reported they had been verbally or physically assaulted in the previous five years.

In October a court in Styria convicted a Syrian national living in Austria who had defaced the walls of an LGBTQI+ community center in the city of Graz, assaulted the president of the Graz Jewish Community, and vandalized the Graz synagogue. The court sentenced him to a three-year prison term.

In March a trial before the Vienna court on incitement charges against a man who had allegedly harassed three LGBTQI+ men after a rainbow parade in 2019 ended in a settlement providing financial compensation to the victims.

Federal law prohibits discrimination against LGBTQI+ persons in employment. Laws at the provincial level prohibit discrimination by state and nonstate actors against LGBTQI+ persons, including with respect to essential goods and services such as housing, employment, and access to government services such as health care. Civil society groups noted there was no federal mechanism to prevent service providers from discriminating against LGBTQI+ individuals.

Azerbaijan

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

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

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

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

There were reports of increased violence and discrimination against LGBTQI+ individuals, especially transgender individuals. On June 9, a group of activists issued a statement that six LGBTQI+ community members were physically assaulted and injured by various individuals and groups over just 10 days between May 30 and June 9. Acts of violence continued and included the killing of a transgender woman in Garadagh District who was found bound, stabbed to death, and partially burned. An arrest was made in the killing. A local NGO noted that in many cases, authorities did not investigate or punish those responsible for attacks on the LGBTQI+ community.

There were reports that men who acknowledged or were suspected of being LGBTQI+ during medical examinations for conscription were sometimes subjected to rectal examinations and often found unqualified for military service on the grounds that they were mentally ill. There were also reports of family-based violence against LGBTQI+ individuals, including being kidnapped by family members and held against their will. Hate speech against LGBTQI+ persons and hostile Facebook postings on personal online accounts also continued.

Antidiscrimination laws exist but do not specifically cover LGBTQI+ individuals. Activists reported that LGBTQI+ individuals were regularly fired by employers if their sexual orientation or gender identity became known.

LGBTQI+ individuals generally refused to file formal complaints of discrimination or mistreatment with law enforcement bodies due to fear of social stigma or retaliation. Activists reported police indifference to requests that police investigate crimes committed against LGBTQI+ individuals.

Local NGOs reported that COVID-19-related quarantine measures compounded the impact of discrimination already faced by members of the LGBTQI+ community. Since these individuals regularly faced discrimination in accessing employment, they were primarily employed informally and received payment on a day-to-day basis.

During the year the ECHR continued a formal inquiry begun in 2019 into police raids on the LGBTQI+ community in 2017. The raids led to arrests and detentions of more than 83 men presumed to be gay or bisexual, as well as arrests and detentions of transgender women. Media outlets and human rights lawyers reported that police beat detainees and subjected them to electric shocks to obtain bribes and information regarding other gay men. Detainees were released after being sentenced to up to 30 days of administrative detention, fined up to 200 manat ($118), or both.

Bahamas

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

The law does not provide antidiscrimination protections to lesbian, gay, bisexual, transgender, queer, or intersex (LGBTQI+) individuals based on their sexual orientation, gender identity, gender expression, or sex characteristics. Consensual same-sex sexual conduct between adults is legal. The law defines the age of consent for same-sex individuals as 18, compared with 16 for heterosexual individuals.

NGOs reported LGBTQI+ individuals faced social stigma and discrimination and did not believe they were adequately protected by law enforcement authorities. There was generally low social tolerance for same-sex relationships. There was widespread condemnation of well known citizens who identified as homosexual or who supported the LGBTQI+ community. Homophobic epithets were both common and socially acceptable.

Bahrain

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

Bangladesh

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

Same-sex sexual conduct is illegal under the penal code. The government did not actively enforce the law. LGBTQI+ groups reported the government retained the law because of societal pressure. LGBTQI+ groups reported police used the law as a pretext to harass LGBTQI+ individuals and individuals who were perceived to be LGBTQI+ regardless of their sexual orientation, as well as to limit registration of LGBTQI+ organizations. Some groups also reported harassment under a suspicious-behavior provision of the police code. The transgender population has long been a marginalized but recognized as part of society. Nevertheless, it experienced continued high levels of fear, harassment, and law enforcement contact in the wake of violent extremist attacks. Police investigation and prosecution of those complicit in violence or crimes against LGBTQI+ individuals remained rare.

Members of LGBTQI+ communities received threatening messages via telephone, text, and social media, and some were harassed by police. They stressed the need for online and physical security due to continued threats of physical violence. In August an antiterrorism tribunal sentenced six individuals to death in the killing of two gay men five years ago, Mahbub Rabbi Tonoy and Xulhaz Mannan, an editor of the country’s first gay rights magazine and a prominent gay rights activist.

The law does not prohibit discrimination against LGBTQI+ persons in housing, employment, nationality laws, and access to government services such as health care. LGBTQI+ groups reported official discrimination in employment and occupation, housing, and access to government services including health care and access to justice.

While some transgender women in the country identified as hijra (a cultural South Asian term for some transgender women as well as some intersex and gender non-conforming individuals), due to an affinity for the hijra subculture or a desire for increased social protection, not all chose to do so. Many transgender women asserted their transgender identities and corrected those who identified them as hijra. Meanwhile, transgender men received little support or tolerance, particularly in poor and rural communities. Some conservative clerics decried the transgender community and sharply distinguished it from the hijra identity, saying the latter would be tolerable while the former remains unacceptable.

Organizations specifically assisting lesbians continued to be rare. Strong social stigma based on sexual orientation was common and prevented open discussion of the subject.

Although the government made some progress in promoting social acceptance of hijra persons, a small segment of the community, the government made limited efforts to promote the rights of others in the LGBTQI+ community. On September 16, the director general of the Bangladesh Bureau of Statistics announced the national census would include hijra as a “third gender” category; the census was scheduled to be conducted in 2022.

Barbados

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

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

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

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

The law criminalizes consensual same-sex sexual conduct between adults, with penalties for conviction up to life imprisonment for men, and up to 10 years’ imprisonment for men and women convicted of “acts of serious indecency.” There were no reports of the law being enforced during the year.

An NGO reported that authorities did not take seriously reports of sexual and homophobic harassment. In some cases, lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons identified perpetrators of harassment but were deterred from reporting these experiences or prevented from seeking justice.

Civil society groups reported that LGBTQI+ persons faced verbal abuse at home and in public.

In September the High Court heard Holder-McClean-Ramirez and Ors versus Attorney General. Two individuals and the civil society organization Equals brought the case as a challenge to the criminalization of same-sex conduct.  As of year’s end, a decision was pending.

In November the government introduced a new charter to Parliament that states, “All Barbadians are born free and are equal in human dignity and rights regardless of age, race, ethnicity, faith, class, cultural and educational background, ability, sex, gender, or sexual orientation.”  The LGBTQI+ movement welcomed the inclusive references to gender and sexual orientation while noting the need for strong protections on the basis of gender identity.

Belarus

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

LGBTQI+ persons experienced harassment, threats, and violence at the hands of authorities, according to numerous reports from human rights defenders.

In some instances, when police identified detained individuals as LGBTQI+ persons, they forced these individuals to confess to committing crimes and to state their sexual orientation on camera, later posting the recording online. Independent observers questioned the legality of these videos and noted that authorities may have abused the persons to force them into making the statements. There were no reports authorities took action to investigate those complicit in violence and abuses against LGBTQI+ persons.

The government allowed transgender persons to update their name and gender marker on national identification documents, but these documents retained old identification numbers that include a digit indicating the individual’s sex assigned at birth. Transgender persons reportedly were refused jobs when potential employers noted the “discrepancy” between an applicant’s appearance and the gender marker in the identification number. Banks also refused to open accounts for transgender persons on the same grounds. Transgender men were issued military identification that indicated they had “a severe mental illness.” There are no laws prohibiting discrimination by state and nonstate actors against LGBTQI+ persons, including with respect to providing essential goods and services such as housing, employment, and access to government services.

LGBTQI+ discrimination was widespread, and harassment occurred. The law does not provide antidiscrimination protections to LGBTQI+ individuals based on their sexual orientation, gender identity or expression, or sex characteristics. Societal discrimination against LGBTQI+ activists persisted with the tacit support of the government, which either failed to investigate crimes or did so without recognizing it as a hate crime. LGBTQI+ activists were among those who went into exile after facing harassment and risk of arrest from the regime.

Belgium

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: Rape of women or men, including spousal rape, is illegal, and the government prosecuted such cases. A convicted rapist may receive 10 to 30 years in prison. The law prohibits domestic violence and provides for fines and incarceration. Legal sanctions for domestic violence are based on the sanctions for physical violence against a third person, which range from eight days to 20 years in prison. In cases of domestic violence, these sanctions are doubled.

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

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

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C for women and girls, and it was not a widespread practice in the country. Authorities effectively enforced the law. Reported cases were primarily filed by recent immigrants or asylum seekers. Criminal sanctions apply to persons convicted of FGM/C. According to 2017 estimates, there were more than 17,000 female minor and adult victims of FGM/C in the country, while more than 8,000 were at risk. Most potential victims were asylum seekers from Cote d’Ivoire, Egypt, Guinea, and Somalia.

Sexual Harassment: The law aims to prevent violence and harassment at work, obliging companies to set up internal procedures to handle employee complaints. Sexist remarks and attitudes targeting a specific individual are illegal; parties found guilty are subject to fines. The government generally enforced antiharassment laws.

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

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

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

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

Discrimination: Women have the same legal rights as men. The law requires equal pay for equal work and prohibits discrimination on the grounds of gender, pregnancy, or motherhood as well as in access to goods, services, social welfare, and health care. The government generally enforced the law effectively, although many NGOs and feminist organizations reported women often had to accept part-time work due to conflicting family obligations.

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

The law prohibits discrimination against lesbian, gay, bisexual, transsexual, queer, and intersex (LGBTQI+) persons in housing, employment, application of nationality laws, and access to government services, such as health care. The government enforced the law, but the underreporting of crimes against the LGBTQI+ community remained a problem.

A study by the EU Agency for Fundamental Rights found that 37 percent of individuals in the country identifying as LGBTQI+ reported avoiding certain areas so as not to be harassed, assaulted, or insulted.

On March 6, a 42-year-old gay man was found dead in a park in the city of Beveren, East Flanders. The man was reportedly lured to the park by his attackers through a gay dating app, then stabbed and beaten to death by three suspects. The three attackers, two 17-year-old boys and a 16-year-old boy, were placed in a youth offenders detention facility. LGBTQI+ persons from immigrant communities reported social discrimination within those communities.

The law provides protections for transgender persons, including legal gender recognition without first undergoing sex reassignment surgery. In February the Chamber of Representatives unanimously adopted the “Resolution for recognizing the right to bodily integrity of intersex minors.”

Belize

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The law does not prohibit discrimination specifically against LGBTQI+ persons in housing, employment, nationality laws, or access to government services, such as health care, but the constitution provides for the protection of all citizens from any type of discrimination.

The law prohibits “homosexual” persons from entering the country, but immigration authorities did not enforce the law.

The extent of discrimination based on sexual orientation or gender identity was difficult to ascertain due to a lack of official reporting. The LGBTQI+ advocacy NGO UniBAM said that discrimination and assault based on sexual orientation and gender identity were substantially underreported. UniBAM’s director noted that in communities with strong religious affiliations, police often refused to take reports from LGBTQI+ victims of discrimination. According to UniBAM, LGBTQI+ persons were denied medical services and education and encountered family-based violence.

The NGO Live and Let Live conducted a survey showing 65 percent of respondents were tolerant of LGBTQI+ persons. One-third of respondents agreed that LGBTQI+ persons sometimes feared for their safety and were treated unfairly, compared with the rest of the population.

In June the government reconstituted the National Committee for Families and Children to include a member of the LGBTQI+ community and a representative for persons with special needs. The committee functions as a special advocate for policy development, monitoring, and evaluation of government responsibilities.

Benin

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The law does not criminalize consensual same-sex sexual conduct between adults. A provision related to public indecency in the penal code, however, may be applied to prosecute same-sex sexual conduct by charging individuals with public indecency or acts against nature. The law prohibits all forms of discrimination without specific reference to LGBTQI+ persons.

Nevertheless, discrimination against LGBTQI+ persons was common. The LGBTQI+ NGO Les Hirondelles estimated that family rejection resulted in 150 homeless LGBTQI+ youth annually. LGBTQI+ persons reported being routinely refused medical care and social services both related (hormone treatment) and unrelated (malaria treatment) to their sexual identity.

Members of the community reported police often tolerated violence against LGBTQI+ individuals. On May 1, however, police arrested a male assailant who attacked three transgender women at the Sunset Bar in Cotonou. The transgender women were beaten, stripped of their clothing, and cut with glass bottles. On June 29, the Cotonou Tribunal of First Instance convicted the man of assault and sentenced him to six months in prison and six months’ probation for the attack.

Bhutan

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

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

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

The constitution provides for equal protection and application of rights but neither the constitution nor legislation explicitly protects individuals from discrimination based on their sexual orientation, gender identity or expression, or sex characteristics. In December 2020 the parliament amended the law against “unnatural sex” to state, “Homosexuality between adults shall not be considered unnatural sex.”

Members of the lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) community reported instances of discrimination and social stigma based on sexual orientation. According to the LGBTQI+ rights NGO Pride Bhutan, during the year it received 47 reports of discrimination, 27 reports of social stigma, 19 reports of violence, and 16 reports of bullying from members of the LGBTQI+ community.

The law does not provide distinct legal status for transgender individuals, nor does it provide explicit protections.

Bolivia

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

On February 6, a 19-year-old transgender woman, Alessandra (last name withheld by authorities), was found strangled to death in the city of Cochabamba in a boarding house where she worked as a sex worker. On May 5, police reported they had arrested a suspect in the case. Lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) activists in Cochabamba reported that criminal proceedings were underway. Andres Mallo, spokesman for the LGBTQI+ NGO Diverse Organization, reported that in the past five years there had been 60 criminal cases involving violence against LGBTQI+ persons but only one conviction. LGBTQI+ activists pointed to a persistent failure by local authorities to investigate killings and other crimes perpetrated against the LGBTQI+ community.

The law prohibits discrimination based on sexual orientation and gender identity. The law allows transgender individuals to update their name, gender marker, and photograph to reflect their gender identity on all legal identification cards and birth certificates. Nonetheless, transgender activists stated most of the transgender community was forced to turn to commercial sex to earn a living due to discrimination in the job market and unwillingness on the part of employers to accept their identity documents and professional licensures. Activists reported police targeted transgender individuals who were sex workers.

LGBTQI+ persons faced overt discrimination in the workplace, at school, and when seeking to access government services, especially in health care, despite laws that prohibit discrimination based on sexual orientation and gender identity. Transgender individuals remained particularly vulnerable to abuse and violence. Older LGBTQI+ persons faced high rates of discrimination when attempting to access health-care services. There were no legal mechanisms in place to transfer power of attorney to a same-sex partner.

Bosnia and Herzegovina

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

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

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

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

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

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

While the law at the state level prohibits discrimination based on sexual orientation, authorities did not fully enforce it. Both entities and the Brcko District have laws that criminalize any form of hate crime committed based on gender, sexual orientation, or gender identity.

Hate speech, discrimination, and violence against LGBTQI+ individuals were widespread. For example, all social media posts and online reports related to the marking of Pride month and the Pride march were followed by an avalanche of hate speech, threats, and calls to violence against LGBTQI+ persons. The NGO Sarajevo Open Center (SOC) reported that transgender persons continued to be the most vulnerable LGBTQI+ group, as their gender identities were more visible. In its 2021 Pink Report, the SOC reported that every third LGBTQI+ person in the country experienced some type of discrimination. The SOC believed the actual number of LGBTQI+ persons who experienced discrimination was much higher but underreported due to fear.

In 2020 the SOC documented five discrimination cases: two involved workplace discrimination; two involved access to services; and one was related to access to health services. Four of those five cases pertained to discrimination based on sexual orientation, and one to discrimination based on sex characteristics. In one of the five cases, which pertained to discrimination in the workplace, the perpetrator was sanctioned through the employer’s internal procedures and the victim reported that it resulted in improved conditions. None of the remaining four cases resulted in a lawsuit or a complaint against the institution. BiH courts had yet to issue a single final ruling on discrimination on the grounds of sexual orientation or gender identity.

During 2020 the SOC also documented two cases of hate speech and calling for violence and hatred and 14 cases of crimes and incidents motivated by sexual orientation and gender identity. Of the 14 cases, five took place in a public place or online, ranging from threats to violence and infliction of bodily injuries, while four cases were cases of domestic violence. The prosecution of assault and other crimes committed against LGBTQI+ individuals remained delayed and generally inadequate.

The SOC is currently pursuing two strategic court cases, which pertain to discrimination in access to goods and services in the market and enticement to discrimination. The first case was under appeal, after the first instance court ruled that there was no discrimination. The second case was at the municipal court, and the first hearing was pending as of November.

The Sarajevo Canton government adopted its first Gender Action Plan for 2019-2022 as a public document that contains a set of measures intended to improve gender equality in government institutions.

Botswana

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

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

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

There were incidents of violence, societal harassment, and discrimination based on sexual orientation or gender identity, and no reported cases of authorities investigating abuses against LGBTQI+ persons. The victims of such incidents seldom filed police reports, primarily due to stigma but occasionally because of overt official intimidation.

The penal code previously included language that was interpreted as criminalizing some aspects of same-sex sexual activity between consenting adults. In 2019 the High Court found this language unconstitutional, thereby decriminalizing consensual same-sex sexual conduct in the country. While the ruling party welcomed the decision, the government appealed the judgment. In November the Court of Appeals ruled to officially decriminalize same-sex sexual activity.

Security forces generally did not enforce the laws that previously forbade same-sex sexual activity; there were no reports during the year that police targeted persons suspected of same-sex sexual activity.

Public meetings of LGBTQI+ advocacy groups and debates on LGBTQI+ matters occurred without disruption or interference. In 2016 the Court of Appeals upheld a 2014 High Court ruling ordering the government to register the NGO Lesbians, Gays and Bisexuals of Botswana (LeGaBiBo) formally. LeGaBiBo has since participated in government-sponsored events.

Brazil

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

Brunei

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

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

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

The Government of Brunei does not support LGBTQI+ rights. Secular law criminalizes “carnal knowledge against the order of nature,” understood to mean sex between men. The minimum prison sentence for such acts is 20 years. The SPC bans anal intercourse between men or between a man and a woman who is not his wife, with a maximum penalty of death by stoning. The SPC also criminalizes same-sex sexual conduct between women with a punishment of up to 10 years’ imprisonment or caning. The SPC additionally prohibits men from dressing as women or women dressing as men “without reasonable excuse” or “for immoral purposes.” One member of the transgender community reported in 2020 that the Ministry of Religious Affairs summoned her to its offices and demanded that she agree to maintain the gender listed on her birth certificate, but did not specify consequences or punishments if she did not comply. Some members of the LGBTQI+ community reported the government monitored their activities and communications. Like all events in the country, events on LGBTQI+ topics were subject to restrictions on assembly and expression and members of the LGBTQI+ community reported that the government would not issue permits for community events on LGBTQI+ topics.

Members of the LGBTQI+ community continued to report familial pressure toward heterosexual marriage and childbearing in addition to societal discrimination in public and private employment, housing, recreation, and obtaining public services including education. Members said the absence of online or in-person support injured their mental health but that they were reluctant to seek counseling at government health centers. In addition to finding support among elder members of the local LGBTQI+ community, some sought support from similar communities and NGOs in other countries. Brunei’s LGBTQI+ community regularly relies on foreign diplomatic missions to create safe spaces for expression and free assembly. Approximately 40 members of the local LGBTQI+ community gathered in a private June 2021 event for the largest Pride celebration in the country’s history.

Bulgaria

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape, and authorities generally enforced its provisions when violations came to their attention. Sentences for rape convictions range up to 20 years in prison. There is no specific criminal law against spousal rape; authorities could prosecute spousal rape under the general rape statute, but rarely did so.

The law provides penalties of up to 10 years’ imprisonment for crimes committed in the context of domestic violence. The law defines domestic violence as systematic physical, sexual, or psychological violence; subjection to economic dependence; or coercive restriction of the personal life, personal liberty, and personal rights of a parent or child, a spouse or former spouse, a person with whom one shares a child, a cohabiting partner or former cohabiting partner, or a member or former member of the same household. The law restricts the persons who can report domestic violence to the victim or the victim’s direct relatives and excludes friends and other unrelated persons. The law empowers courts to impose fines, issue restraining or eviction orders, and order special counseling. Noncompliance with a restraining order may result in imprisonment for up to three years, or a fine. In September the Sofia regional prosecution service reported a 24 percent increase in the number of domestic violence cases in the first six months of the year compared to the same period in 2020. Over 10 percent of the cases involved a death threat.

According to the NGO Center for Creative Justice, the law does not provide sufficient protection to victims of domestic violence. The ombudsman criticized the legal provisions that exonerate an offender from prosecution for inflicting a medium injury (e.g., a broken tooth) or a more serious injury, such as deliberately infecting a person with a sexually transmitted disease.

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

NGOs criticized authorities for not tracking domestic violence cases and not keeping statistics, which NGOs claimed were needed for authorities to assess the risk of abuse turning deadly.

The Animus Association Foundation and other NGOs provided short-term protection and counseling to domestic violence survivors in 14 crisis centers and shelters throughout the country. The government funded an NGO-operated 24-hour free helpline that survivors could call for counseling, information, and support, as well as to report abuse. Police and social workers referred domestic violence survivors to NGO-run shelters. According to the Bulgarian Fund for Women, which provided free legal and psychological consultations, domestic violence was still a taboo outside big cities where there was less access to counseling and protection services.

Sexual Harassment: The law identifies sexual harassment as a specific form of discrimination rather than a criminal offense, although prosecutors may identify cases in which harassment involves coercion combined with sexual exploitation. If prosecuted as coercion, sexual harassment is punishable by up to six years in prison.

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

Women in poor rural and Romani communities had less access to contraception due to poverty and lack of information and education. The cost of contraception was not covered by health insurance. Individuals younger than 16 could not schedule an appointment with a gynecologist or have an HIV test performed without parental consent.

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

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

Victims of sexual violence, who NGOs stated were mainly uninsured, often did not have access to sexual and reproductive health services. Emergency contraception was available as part of clinical management of rape. Trafficking victims had access to health care through NGOs approved by authorities.

Discrimination: While the law provides women the same legal status and rights as men, women faced some discrimination in economic participation and political empowerment. The law provides for equal opportunities in all spheres of public, economic, and political life; equal access to public resources; equal treatment; exclusion of gender-based discrimination and violence; balanced representation of men and women in all decision-making bodies; and overcoming gender-based stereotypes.

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

According to the National Statistical Institute, in 2020 women received on average 14 percent lower wages and pensions that were 32 percent lower than those for men. Women faced discrimination in employment, in the workplace, and in access to pension benefits and retirement (see section 7.d.).

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

The law prohibits discrimination based on sexual orientation and gender identity, but the government did not effectively enforce this prohibition. No laws protect against hate crimes based on sexual orientation or gender identity. Societal intolerance to lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons persisted.

There were reports of violence against LGBTQI+ persons. On May 15, more than 300 persons protested the participation of 30 persons in the first LGBTQI+ pride event in Burgas, throwing rocks, smoke bombs, cucumbers, eggs, and plastic bottles at them, and burned a rainbow flag. More than 300 police secured the event and prevented further violence. A few hours earlier, the local Christian Orthodox clergy in Burgas held a prayer service “in defense of and support for the traditional Bulgarian family as well as to uphold the original Orthodox values and virtues.” In May members of nationalist Bulgarian National Union disrupted several LGBTQI+ events, such as a book presentation and film screening in Sofia, behaving aggressively and breaking the windows of the venue. In September a 15-year-old student was attacked and beaten by an older student in front of many other students in a schoolyard in Plovdiv “because he had a gay voice.” The victim was admitted to an intensive care ward with a concussion and head wounds.

On October 30, LGBTQI+ organizations reported a group of approximately 10 persons led by presidential candidate and Bulgarian National Union-National Democracy leader Boyan Stankov, also known as Rasate, stormed the Rainbow Hub LGBTQI+ community center during an event and punched an employee in the face, spray painted doors and walls, and broke equipment. On November 3, authorities arrested Rasate, who denied any involvement in the attack, after the Central Electoral Commission lifted the immunity conferred upon him as a candidate. He was charged with hooliganism and infliction of an injury committed with “extreme audacity and disrespect for the democratic foundations of the state.” As of December an investigation was underway.

In March the Internal Macedonian Revolutionary Organization political party, part of the governing coalition at the time, issued a position declaring the country “a zone free of LGBTQI propaganda.”

According to LGBTQI+ organizations, courts rejected the right of same-sex partners to protection from domestic violence because the law treats “spousal” only as applying to married persons who cannot legally be the same sex. The Commission for Protection against Discrimination reported receiving very few cases – three as of September – regarding sexual orientation.

According to the GLAS Foundation, tolerance toward LGBTQI+ persons was increasing. In March a polling agency presented research commissioned by GLAS showing that 6.4 percent of respondents would vote unconditionally in the forthcoming elections for a political party that supports LGBTQI+ rights while another 34.8 percent would not mind voting for such a party if they also liked its views on other topics.

A May 2020 report by the EU Agency for Fundamental Rights indicated that nearly 30 percent of LGBTQI+ persons had experienced workplace discrimination and nearly 40 percent of them did not report it to the police due to fear of discrimination. A study from March 2020 by the NGOs Single Step and Bilitis reported that 83 percent of LGBTQI+ students had experienced homophobic insults, 70 percent had suffered harassment, 34 percent had been physically abused, and 19 percent had been assaulted, while 50 percent never reported incidents to the authorities.

Many health professionals considered LGBTQI+ status a disease. The general stigma around sexual orientation and gender identity frequently resulted in refusal of health services, particularly to transgender persons. NGOs complained that most political parties in the National Assembly, government ministers, and municipal authorities were reluctant to engage in a dialogue on the problems facing LGBTQI+ individuals and related policy matters.

NGOs urged the government to discontinue normalization therapies on intersex children, which were funded by the National Health Insurance Fund with consent from their parents.

In March the civil division of the Supreme Cassation Court, which had been asked to interpret the law and rule whether transgender persons were entitled to a legal change of their biological sex, petitioned the Constitutional Court to explain whether the definition of “sex” according to the constitution also includes separate psychological or social aspects, different from the biological aspect. In October the Constitutional Court ruled that the constitution views the term “sex” in the biological sense based on gender binary and that sexual self-determination is a legitimate reason for changing one’s gender legally only in cases involving intersex persons. The ruling identified a legal gap regarding the legal change of biological sex and gave no specific guidance to the Supreme Cassation Court on how to proceed with its decision.

Burkina Faso

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The country has no hate crime laws or other criminal justice mechanisms to aid in the investigation, prosecution, or sentencing of bias-motivated crimes against the lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) community. NGOs reported police occasionally arrested gay men and transgender individuals and humiliated them in detention before releasing them.

Societal discrimination against LGBTQI+ persons was a problem, and it was exacerbated by religious and traditional beliefs. Medical facilities often refused to provide care to members of the transgender community, and LGBTQI+ individuals were occasionally victims of verbal and physical abuse, according to LGBTQI+ organizations. There were no reports the government responded to societal violence and discrimination against LGBTQI+ persons.

LGBTQI+ organizations had no legal status in the country but existed unofficially with no reported harassment. There were no reports of government or societal violence against such organizations.

Burma

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

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

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

Although consensual sexual activity between men remained a criminal offense, political reforms in prior years made it easier for the lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) community to hold public events and openly participate in society. Discrimination, stigma, and a lack of acceptance among the general population persisted. Transgender persons, for example, were subject to police harassment, and their identity was not recognized. After the coup, reported violence against LGBTQI+ persons increased. As of July the NUG minister of human rights claimed at least 12 LGBTQI+ community members died and another 73 were arrested while peacefully protesting against the regime. As of November, at least 65 LGBTQI+ community members remained in detention, and 28 were either in hiding or had fled to areas not under regime control. According to Radio Free Asia, LGBTQI+ prodemocracy supporters were targeted for humiliation by regime after arrest including sexual insults, taunts, mocking of clothing, and physical abuse.

There were reports of discrimination based on sexual orientation and gender identity in employment. Many LGBTQI+ individuals faced significant barriers to education and employment if they were vocal or visible about their status. LGBTQI+ persons reported facing discrimination from health-care providers, including public shaming.

A 2019 report by the British Council found mixed views on whether LGBTQI+ persons could be accepted in the culture: fifty percent of respondents rejected the idea. Overall, those polled were more willing to accept LGBTQI+ persons in the abstract but were less so when the person in question was a specific individual, such as a relative or politician.

Burundi

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

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

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

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

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

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

There were reports that government agents incited, condoned, and tolerated violence against LGBTQI+ persons. LGBTQI+ persons refrained from reporting such incidents to media or authorities because of stigma, a desire to protect their identities, and concern regarding prosecution of consensual same-sex sexual relations.

There were no reports of official actions to investigate or punish those complicit in violence and abuses by state or nonstate actors.

The law penalizes consensual same-sex sexual relations by adults with up to two years in prison if convicted. There were no reports of prosecutions for same-sex sexual acts during the year.

There were no reports of involuntary or psychological practices specially targeting LGBTQI+ persons.

The law does not prohibit discrimination against LGBTQI+ persons in housing, employment, nationality laws, and access to government services such as health care. Societal discrimination against LGBTQI+ persons was common.

Cabo Verde

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

Antidiscrimination laws exist, and state employers may not discriminate based on sexual orientation, family situation, habits and dress, health status, or membership or nonmembership in any organization. Laws prohibit discrimination in the provision of a good or service, engaging in normal economic activities, and employment. The government generally enforced these laws. The investigation into an October 2020 attack against a member of the Cabo Verdean Gay Association on the island of Sao Vicente remained ongoing as of December.

Cambodia

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

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

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

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

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

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

No law criminalizes consensual same-sex sexual conduct, nor was there official discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTQI+) persons. Societal discrimination persisted, however, particularly in rural areas.

LGBTQI+ persons generally had limited job opportunities due to discrimination and exclusion. LGBTQI+ persons were occasionally harassed or bullied for their work in the entertainment and commercial sex sectors.

A local LGBTQI+ rights organization reported incidents of violence or abuse against LGBTQI+ persons, including domestic violence by family members. Stigma or intimidation may have inhibited further reporting of incidents. Police did not prioritize investigations into LGBTQI+-related complaints.

Cameroon

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

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

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

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

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

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

On February 12, a representative from Working for Our Wellbeing (WFW), an organization based in Douala working on lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) matters reported that authorities had arrested six LGBTQI+ persons, including four transgender women, between November 2020 and February 8. Mildred Loic Njeuken, known as “Shakiro,” and Roland Moute, who is also known as “Patricia,” were arrested together on February 8. The WFW report added that every detainee experienced varying degrees of physical abuse, harassment, and threats of sexual violence from inmates and guards while inside New Bell Prison in Douala. While the charges against all but Shakiro and Patricia were dropped, the latter two were convicted in May on charges of attempted homosexuality and failure to display a national identity card, and they were sentenced to five years in prison. They were released on bail in July, and as of December the case was before the Court of Appeal in Bonanjo. On August 7, a group of young men violently assaulted “Shakiro” and “Patricia” after they had been released on bail pending an appeal in mid-July. Images and video footage found circulating on social media showed a group of young men violently attacking and disrobing the two survivors on the street. Police reportedly did not officially document the attack in an official report after arriving on the scene, although they escorted the two to the hospital.

In a July 1 report on gender-based violence, Alternative-Cameroon documented the case of a 33-year-old man who was illegally detained at the Douala New Bell Central Prison. On January 24, according to the report, residents in the Douala neighborhood accused the man of being gay, beat him, and called the Douala 10th police district. Police came and arrested the man whom the individuals accused of being homosexual and remanded him for less than 24 hours before referring him to New Bell Central prison, where he spent three months without appearing in court. The survivor lost his job and was evicted from his home.

Consensual same-sex sexual activity between adults is illegal and punishable with imprisonment lasting anywhere between six months and five years plus a fine.

LGBTQI+ human rights organizations such as the Cameroonian Foundation for AIDS, Humanity First Cameroon, Alternatives-Cameroon, the National Observatory of the Rights of LGBTQI+ Persons and Their Defenders, Colibri, Working for Our Wellbeing, and others continued to report arbitrary arrests of LGBTQI+ persons. LGBTQI+ individuals continued to face significant stigma, violence, and discrimination from their families, communities, and the government.

In one instance on February 24, highlighted in the April HRW report, police officers raided the office of Colibri, a health and human rights organization that provides HIV prevention and treatment services in Bafoussam, West Region. Authorities arrested 13 persons on attempted homosexuality charges, including seven from the Colibri staff. Police released all 13 between February 26 and 27. Three of those who were arrested said police beat at least three Colibri staff members at the police station and threatened everyone who had been arrested. They added that police interrogated them without the presence of a lawyer and forced them to sign statements, which they were not allowed to read. One of them, a 22-year-old transgender woman, said, “Police told us we are devils, not humans, not normal. They beat up a transwoman in front of me.” Police also forced one of the 13 arrested, a 26-year-old transgender woman, to undergo an HIV test and a forced anal exam at a health center in Bafoussam on February 25. She reportedly told HRW that “the doctor was uncomfortable with performing the procedure but said he had to do the examination because the prosecutor’s office asked for it.”

On April 14, HRW reported that security forces since February had arbitrarily arrested, beat, or threatened at least 24 persons, including a 17-year-old boy, for alleged consensual same-sex conduct or gender nonconformity. Between February 17 and April 8, HRW said it interviewed 18 persons, including five who had been detained, three lawyers, and 10 members of LGBTQI+ NGOs in relation to the aforementioned case.

The constitution prescribes equal rights for all citizens; however, the law does not explicitly prohibit discrimination against LGBTQI+ persons in housing, employment, nationality, and access to government services such as health care. Security forces sometimes harassed persons based on their perceived sexual orientation or gender identity, including individuals found with condoms and lubricants. Fear of exposure affected individuals’ willingness to access HIV and AIDS services, and several HIV positive men who had sex with men reportedly were partnered with women, in part to conceal their sexual orientation. Anecdotal reports suggested some discrimination occurred in places of employment with respect to sexual orientation.

LGBTQI+ organizations could not officially register as such and thus sought registration either as general human rights organizations or as health-focused organizations. Many LGBTQI+ organizations found that operating health programs, particularly HIV programs, shielded them from potential harassment or shutdown rather than promoting advocacy for LGBTQI+ persons as their primary mission.

According to multiple reports, on November 15, an intersex person was sexually assaulted, beaten, and threatened by a violent mob in Yaounde. The attack, which lasted for several hours, was filmed and later posted on social media. In a press statement issued on November 26, the minister of communication condemned the publication of explicit videos, adding that while homosexuality was against the law, violence against those suspected of homosexuality was also illegal. A man allegedly connected to the attack was arrested and released 48 hours later. A complaint was filed with the police on behalf of the survivor.

Canada

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape, as sexual assault, and the government enforced the law effectively. Penalties for sexual assault carry prison sentences of up to 10 years, up to 14 years for sexual assault with a restricted or prohibited firearm, and between four years and life for aggravated sexual assault with a firearm or committed for the benefit of, at the direction of, or in association with, a criminal organization. Most victims of sexual assault were women.

The law provides protections against domestic violence for both men and women, although most victims were women. Although the law does not define specific domestic violence offenses, assault, aggravated assault, intimidation, mischief, or sexual assault charges apply to acts of domestic violence. Persons convicted of assault receive up to five years in prison. Assaults involving weapons, threats, or injuries carry terms of up to 10 years. Aggravated assault or endangerment of life carry prison sentences of up to 14 years. The government generally enforced the law effectively. Police received training in interacting with victims of sexual assault and domestic violence, and agencies provided hotlines to report abuse.

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

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

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

The government’s Family Violence Initiative involved 15 federal departments, agencies, and crown corporations, including Status of Women Canada, Health Canada, and Justice Canada. These entities worked with civil society organizations to eliminate violence against women and to advance women’s human rights. The government continued a national strategy begun in 2017 to prevent and address gender-based violence, budgeting C$101 million ($77.8 million) over five years and C$20.7 million ($16.6 million) annually thereafter to create a center of excellence within Status of Women Canada for research, data collection, and programming, and to provide support for prevention, victim and family support, public education, justice, training, and programming. The 2018 federal budget allocated an additional C$86 million ($66 million) over five years, starting in 2018-19, and C$20 million ($15.4 million) per year thereafter, to expand the strategy with a focus on preventing teen-dating violence, bullying, and cyberbullying; health care for victims; investigative policing; police training; research; funding for rape crisis and sexual assault centers; and programs to prevent gender-based violence in postsecondary educational institutions. Provincial and municipal governments also sought to address violence against women, often in partnership with civil society.

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

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

Female Genital Mutilation (FGM/C): The law prohibits FGM/C of women and girls and prosecutes the offense, including parents of minors, as aggravated assault with a maximum penalty of 14 years’ imprisonment. FGM/C occurred on occasion, predominantly in diaspora communities. While internal government reports leaked to media asserted that FGM/C practitioners and victims often traveled to the country of the practitioners’ origin for the illegal procedure, officials also sought to prevent the entry of FGM/C practitioners into the country.

Sexual Harassment: The law offers protections from sexual harassment at the workplace but does not articulate a specific offense of “sexual harassment” outside of work; instead, it criminalizes harassment (defined as stalking), punishable by up to 10 years’ imprisonment, and sexual assault, with penalties ranging from 10 years for nonaggravated sexual assault to life imprisonment for aggravated sexual assault. Federal, provincial, and territorial human rights commissions have responsibility for investigating and resolving harassment complaints. Employers, companies, unions, educational facilities, professional bodies, and other institutions had internal policies against sexual harassment, and federal and provincial governments provided public education and guidance.

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

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

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

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

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

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

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

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

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

The law prohibits discrimination by state and nonstate actors against LGBTQI+ persons in housing, employment, nationality laws, and access to government services, including health care, and the government enforced the law. Conversion therapy designed to change a person’s sexual orientation is lawful. A 2020 study by the British Columbia-based nonprofit Community-Based Research Centre that promotes the health of individuals of diverse sexualities and genders found 20 percent of sexual-minority men surveyed reported experiencing sexual orientation, gender identity, or gender expression change efforts, and, of them, almost 40 percent (or 47,000 men) reported having experienced conversion therapy. LGBTQI+ individuals were at increased risk of human trafficking.

In January the Quebec Superior Court invalidated provisions in the province’s civil legal code that prevented individuals from changing their birth gender designation to reflect their gender identity, required parents to identify as a mother or father rather than parent on a declaration of birth, and required individuals ages 14 to 17 years to obtain approval from a physician or health professional to change their gender designation on official documents. The court ruled the code deprived transgender and nonbinary persons of dignity and equality and gave the province until December 31 to amend it. In April the Quebec government appealed the decision that struck down the requirement for minors to obtain permission from a physician or health professional to change their gender designation; the case remained in progress as of November.

On June 15, Egale Canada, a LGBTQI+ NGO, filed an application at the Ontario Superior Court to challenge the constitutionality of exemptions in the law that permit nonconsensual aesthetic surgeries on the genitalia of intersex infants and children. The application remained pending as of November.

On March 21, unknown vandals painted a homophobic slur on the road outside the home of Ottawa’s mayor, an openly gay man. In a tweet the prime minister condemned “ignorance and inexcusable hate” and expressed his support for the mayor. The city removed the graffiti.

Central African Republic

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The law criminalizes consensual same-sex sexual conduct. The penalty for conviction of “public expression of love” between persons of the same sex is imprisonment for six months to two years and a substantial monetary fine. During the year there were no reports police arrested or detained persons under these provisions.

While official discrimination based on sexual orientation occurred, there were no reports the government targeted LGBTQI+ persons. Societal discrimination against LGBTQI+ persons was entrenched due to a high degree of cultural stigmatization. One openly LGBTQI+ organization based in Bangui, Central African Alternative, carried out health-based advocacy for LGBTQI+ persons.

Chad

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The law criminalizes consensual same-sex sexual conduct between adults, with punishments ranging from three months’ to two years’ imprisonment and fines. The government did not actively enforce the law, but there were reports of police harassment against LGBTQI+ persons.

The law does not prohibit discrimination against LGBTQI+ persons in housing, employment, nationality laws, and access to government services.

LGBTQI+ persons faced steep cultural, social, and legal barriers to equal treatment and public acceptance. Many viewed same-sex sexual conduct as a sin, antithetical to local customs and African values. Acceptance of LGBTQI+ persons was minimal; many individuals hid their identity for self-protection, especially those living outside the capital. LGBTQI+ persons reported that the environment in the country was so intolerant that many of them only believed themselves comfortable publicly engaging on the topic after having made the decision to live outside of the country (see also section 3, Participation of Women and Members of Minority Groups).

Chile

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The law prohibits discrimination against persons based on sexual orientation or gender identity in housing, employment, and access to government services. The government generally enforced these laws effectively. At times, however, authorities appeared reluctant to use the full recourse of antidiscrimination laws, including charging assailants of lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) victims with a hate crime, which would elevate criminal penalties.

Violence against LGBTQI+ individuals continued. In July the Movement for Homosexual Integration and Liberation (MOVILH) reported humiliating treatment and homophobia towards a patient at the San Pablo de Coquimbo Hospital. A doctor discharged the patient less than 24 hours after surgery and without checking the state of the patient’s postoperative recovery.

In March, MOVILH reported that in 2020 it received 1,266 reports of violence or discrimination due to sexual orientation or gender identity, the highest number in the history of their annual report and a 15 percent increase from 2019. The cases included six killings, police abuse, discrimination in the workplace, and hate campaigns. The most common discriminatory acts reported to MOVILH were verbal abuse and discrimination in public services, such as police operations, public education, and health services.

The law grants transgender citizens aged 14 and older the right to have gender markers on government-issued identity cards and university diplomas changed to reflect their gender identity. In May, MOVILH reported that more than 50 persons had reported difficulties in changing their name and gender with the civil registry and delays in receiving their new identity cards.

On December 9, President Pinera signed into law the Marriage Equality Act, with broad bipartisan support from the Congress. Since 2015 civil unions provided same-sex couples with many but not all the benefits of married couples, such as the right to adoption. Under the new law, all families have the right to the same benefits and protections.

China (Includes Hong Kong, Macau, and Tibet)

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

No laws criminalize private consensual same-sex conduct between adults. Individuals and organizations working on LGBTQI+ matters continued to report discrimination and harassment from authorities similar to that experienced by organizations that accept funding from overseas.

LGBTQI+ individuals reported incidents of violence, including domestic violence; however, they encountered difficulties in seeking legal redress, since regulations on domestic violence do not include recognition of same-sex relationships. Accessing redress was further limited by societal discrimination and traditional norms, resulting in most LGBTQI+ persons refraining from publicly discussing their sexual orientation or gender identity. Nonetheless, the civil code includes a provision that protects certain tenancy rights for designated partners of deceased property owners without officially defined family relationships.

NGOs working on LGBTQI+ topics reported that although public advocacy work became more difficult for them due to laws governing charities and foreign NGOs, they made some progress in advocating for LGBTQI+ rights through specific antidiscrimination cases.

In July, WeChat’s parent company Tencent deleted dozens of public WeChat accounts run by LGBTQI+ groups at universities across the country for allegedly violating internet regulations, including 14 of the most prominent accounts.

In September the National Radio and Television Administration ordered television companies to exclude niangpao or “sissy men” from their content. It was the first time the government used the term, which is used to insult or bully gay men. Also in September the administration condemned representations of gay men’s love stories on radio and television. Later in the month, the state-backed gaming association issued new video game guidelines stating that depictions of same-sex relationships, characters with ambiguous genders, and effeminate males were considered problems and would raise flags.

In November, LGBT Rights Advocacy China, an organization focused on changing law and policy, announced it was ceasing all activities and shutting down its social media accounts.

Colombia

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

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

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

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

There were allegations of police violence based on sexual orientation. There were no reports of official discrimination based on sexual orientation in employment, housing, statelessness, or access to education; however, there were reports of discrimination with respect to access to health care. The government’s national action plan guarantees lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) rights for the 2019-22 period. In August 2020 the constitutional court determined that medical insurance companies must bear the costs of gender affirmation and reassignment surgeries.

Despite government measures to increase the rights and protection of LGBTQI+ persons, there were reports of societal abuse and discrimination as well as sexual assault. NGOs claimed transgender individuals, particularly transgender men, were often sexually assaulted in so-called corrective rape. The NGO Colombia Diversa reported between January 1 and August 18, there were 39 homicides of LGBTQI+ persons, including 26 transgender individuals. The primary forms of abuse were physical, sexual, and psychological aggression, in addition to economic discrimination.

The Attorney General’s Office reported investigating 185 killings of LGBTQI+ persons from 2008 through July 31. Most of the victims were transgender women. In June, Luciana Moscoso Moreno, a transgender woman and member of the Trans Community Network, was killed in her apartment after receiving threats and hate messages. As of August the Attorney General’s Office reported five open investigations into excessive use of force by military or police against LGBTQI+ persons.

Transgender individuals cited barriers to public services when health-care providers or police officers refused to accept their government-issued identification. Some transgender individuals stated it was difficult to change their gender designation on national identity documents and that transgender individuals whose identity cards listed them as male were required to show proof they had performed mandatory military service or obtained the necessary waivers from that service.

Comoros

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

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

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

The law forbids sexual acts “against nature.” This provision is widely understood to apply to consensual same-sex sexual conduct between adults.

Authorities reported no arrests or prosecutions for same-sex sexual activity and did not actively enforce the law. LGBTQI+ persons generally did not publicly reveal their sexual orientation due to societal pressure. There were no local LGBTQI+ organizations.

No laws prohibit discrimination against LGBTQI+ persons in housing, employment, nationality, and access to government services.

Costa Rica

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

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

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

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

No law explicitly prohibits discrimination based on gender identity. Discrimination against persons based on sexual orientation and gender identity is prohibited by a series of executive orders and workplace policies but not by national laws.

There were cases of discrimination against persons based on sexual orientation, ranging from employment, police abuse, and access to education and health-care services. LGBTQI+ individuals experienced discrimination within their own families due to their sexual orientation, gender identity or expression, and sex characteristics.

Cote d’Ivoire

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Authorities were at times slow and ineffective in their response to societal violence targeting the lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) community. Further, LGBTQI+ persons often did not report violence committed or threatened against them, including assault or homicide, because they did not believe authorities would take their complaints seriously.

Homosexuality is not criminalized, but public heterosexual and same-sex intimate activity is subject to conviction as a form of public indecency that carries a penalty of up to two years’ imprisonment. Human rights organizations expressed concern this law could be disproportionately applied against LGBTQI+ persons. The law provides for various political, socioeconomic, and safety protections to all citizens and prohibits discrimination based on several specific categories, but not sexual orientation.

LGBTQI+ community members reported being evicted from their homes by landlords or by their own families. Familial rejection of LGBTQI+ youth often caused them to become homeless and drop out of school. Members of the LGBTQI+ community reported discrimination in access to health care. Human rights organizations reported regular discrimination in employment, with employers refusing to hire, firing, or not promoting LGBTQI+ community members once learning of their LGBTQI+ identity.

Crimea

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

Human rights groups and LGBTQI+ activists reported that most LGBTQI+ individuals fled Crimea after Russia’s occupation began. Those who remained lived in fear of abuse due to their sexual orientation or gender identity. The UN Human Rights Council’s independent expert received reports of increased violence and discrimination against the LGBTQI+ community in Crimea as well as the use of homophobic propaganda employed by the occupation authorities. LGBTQI+ persons reportedly were frequently subjected to beatings in public spaces and entrapped by organized groups through social networks. The council’s report noted, “This environment created an atmosphere of fear and terror for members of the community, with related adverse impacts on their mental health and well-being.”

According to the HRMMU, NGOs working on access to health care among vulnerable groups found it impossible to advocate for better access to health care for LGBTQI+ persons due to fear of retaliation by occupation authorities.

Occupation authorities prohibited any LGBTQI+ group from holding public events in Crimea. LGBTQI+ individuals faced increasing restrictions on their exercise of free expression and peaceful assembly, because occupation authorities enforced a Russian law that criminalizes the so-called propaganda of nontraditional sexual relations to minors (see section 6 of the Country Reports on Human Rights for Russia).

Croatia

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes the rape of women or men, including spousal rape and domestic violence. The law was in most cases enforced. Sentences range from fines to jail, depending on the crime’s severity. Rape, including spousal rape, is punishable by a maximum of 15 years’ imprisonment. Conviction for domestic violence is punishable by up to three years’ imprisonment. The law provides for stricter penalties for violence among closely related family members and violence against women. Sexual intercourse without consent is classified as rape, punishable with three to 10 years’ imprisonment. The law provides sanctions (fines and up to 90 days’ imprisonment) for misdemeanor domestic violence. The ombudsperson’s 2020 report noted during the COVID-19 pandemic, there was a significant increase in domestic violence of a criminal nature, and women represented the vast majority of domestic violence survivors. The report stated that during the last two years there was a 50 percent increase in the total number of women killed and the number of women killed by intimate partners. In addition to domestic violence, the ombudsperson stated survivors of domestic violence still did not have adequate legal protection.

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

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

Discrimination: Women have the same legal status and rights as men regarding family, employment, labor, religion, inheritance, personal status and nationality laws, property, access to credit, owning or managing businesses or property, and voting. The law requires equal pay for equal work. The government did not enforce the law effectively. Women experienced discrimination in employment and occupation. The ombudsperson for gender equality in 2020 (the most recent data available) worked on 515 discrimination cases, a 2 percent increase compared with 2019. The largest number of complaints was related to the area of exercising labor rights (25 percent), followed by the area of social security, including social welfare, pension, and health insurance (23 percent) and administration (14 percent).

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

Representatives from minority groups said the law’s prohibitions of discrimination in employment and occupation, nationality laws, housing, access to education, and health care based on sexual orientation, gender identity, or gender expression were not consistently enforced and reported sporadic incidents. LGBTQI+ NGOs noted the continuation of the judiciary’s uneven performance in discrimination cases. They reported members of their community had limited access to the justice system, with many reluctant to report violations of their rights due to concerns regarding the inefficient judicial system and fear of further victimization during trial proceedings. NGOs reported that investigations into hate speech against LGBTQI+ persons remained unsatisfactory. On July 3, during the Zagreb Pride parade, there were incidents of violence and spitting on participants, verbal abuse, and the burning of a rainbow flag, according to the organizers’ statement and media reports. The attacks allegedly took place during and after the march, and police arrested several suspects. During a July 6 meeting, Prime Minister Plenkovic reportedly stated that the entire governing coalition would openly stand against violent incidents such as the ones that occurred after the Pride Parade. He asserted there was no room in Croatian society for hate speech, and he praised Deputy Prime Minister Milosevic for his participation in the Pride parade.

On May 17, in a Facebook post on the occasion of International Day against Homophobia, Transphobia, and Biphobia, Rijeka’s Archbishop Mate Uznic asked forgiveness from homosexuals who felt rejected by the Roman Catholic Church. Uznic expressed regret that there were still Catholics who disagreed with the spirit of the apostolic exhortation of Amoris Laetitia, released by Pope Francis in 2016, which stated, ‘‘every person, regardless of sexual orientation, ought to be respected in his or her dignity and treated with consideration, while every sign of unjust discrimination is to be carefully avoided, particularly any form of aggression and violence.”

The Zagreb Pride organization reported on August 13 that a group of LGBTQI+ tourists from several different countries were thrown out of the Lost in the Renaissance Festival on the southern Adriatic island of Korcula. The organizing Aminess Hotels and Campsites company and the mayor of the city of Korcula strongly condemned the incident and expressed sincere regrets.

On April 21, the Zagreb Administrative Court granted same-sex couples the right to adopt children. The court ruled in favor of a same-sex couple who had challenged a 2019 law meant to increase the number of foster parents. Soon after the court ruling, however, the Ministry of Labor, Pensions, Family and Social Policies announced it would appeal.

Cuba

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

The law prohibits discrimination based on sexual orientation in employment, housing, citizenship, education, and health care but does not extend the same protections to transgender or intersex individuals based on gender identity or gender expression.

The government did not recognize domestic human rights groups or permit them to function legally. Several unrecognized NGOs that promoted LGBTQI+ human rights faced government harassment, not for their promotion of such topics, but for their independence from official government institutions.

Cyprus

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape, including spousal rape, with a maximum sentence of life in prison. The law also criminalizes domestic violence, with a maximum sentence of 10 years in prison. The government generally enforced the law effectively, although many cases continued to go unreported. From January to September, police investigated 36 cases of rape and eight cases of sexual assault.

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

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

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

Police conducted detailed educational programs for officers on the proper handling of domestic violence, including training focused on child abuse. NGOs reported, however, that some police officers continued to dismiss claims of domestic abuse by foreign women and children.

Sexual Harassment: The law prohibits sexual harassment in the workplace with a maximum penalty of six months in prison, a monetary fine, or both. A code of conduct outlines the prevention and handling of sexual harassment and harassment in the public service. NGOs and foreign domestic worker associations reported that authorities did not adequately investigate sexual harassment complaints submitted by foreign domestic workers.

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

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

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

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

Discrimination: The law provides the same legal status and rights for women and men. The government generally enforced the law, but women experienced discrimination in employment and pay in the private sector. Although reporting by Eurostat showed pay parity between the genders in the public sector, NGOs reported that vertical and occupational segregation remained a challenge.

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

Antidiscrimination laws prohibit direct or indirect discrimination based on sexual orientation or gender identity. Antidiscrimination laws cover employment and the following activities in the public and private domain: social protection, social insurance, social benefits, health care, education, participation in unions and professional organizations, and access to goods and services. The law also criminalizes incitement to hatred or violence based on sexual orientation or gender identity.

The government did not always enforce laws against discrimination, and lesbian, gay, bisexual, transgender, queer, or intersex (LGBTQI+) individuals faced significant societal discrimination, particularly in rural areas. As a result many LGBTQI+ persons were not open concerning their sexual orientation or gender identity, nor did they report homophobic violence or discrimination.

There were reports of employment discrimination against LGBTQI+ applicants (see section 7.d.).

As in previous years, ACCEPT representatives reported that transgender persons undergoing hormone replacement therapy experienced discrimination accessing health care following the introduction of a new national universal health insurance system in 2019. The NGO also reported that transgender persons faced increased difficulties accessing hormone treatment due to the COVID-19 lockdown.

Czech Republic

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

Domestic violence is punishable by up to four years in prison, with longer sentences in aggravated circumstances. Police have the authority to remove violent abusers from their homes for 10 days. The law states a removal order can remain in effect for a total of up to six months, including extensions. The Ministry of Interior reported police removed 1,170 offenders from their homes in 2020, a small drop in removals despite the COVID-19 pandemic outbreak. The government supported a widely used hotline for gender-based violence crimes, including domestic violence.

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

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

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

Sexual Harassment: The antidiscrimination law prohibits sexual harassment and treats it as a form of direct discrimination. If convicted, penalties may include fines, dismissal from work, and up to eight years in prison. Police often delayed investigations until the perpetrator committed serious crimes, such as sexual coercion, rape, or other forms of physical assault.

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

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

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

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

The government does not allow women access to artificial insemination if using the cells of an anonymous donor without the written consent of their partner, and medical providers can only use artificial insemination for opposite-sex couples. Unmarried persons, persons who do not have consent from a partner, and lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons are ineligible to receive treatment.

Some observers reported that Roma faced obstructions in access to health care in general, including to reproductive health care.

The government provided access to sexual and reproductive health services for survivors of sexual violence. Women must cover the costs of emergency contraception themselves.

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

Discrimination: The law grants men and women the same legal status and rights, including under family, religious, personal status, labor, property, nationality, and inheritance laws.Women  sometimes experienced employment and wage discrimination.

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

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

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

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

In June President Zeman stated that he “does not understand transgender people,” that persons who undergo surgery to change their gender are “committing the criminalized act of self-harm,” and that transgender persons are “disgusting.” A leading NGO in the field viewed the comments as psychologically harmful to LGBTQI+ persons and as inciting hatred. An NGO that provides legal assistance to hate crime victims reported that it received five referrals shortly after Zeman’s statement.

An NGO reported that while attacks on Roma remained the most prevalent form of hate crime (verbal and physical), there was a significant increase in attacks on LGBTQI+ individuals during the year. The NGO noted an increase (from two to eight) in such cases reported to it between the first and the second quarters of the year.

In August a young man who identified as nonbinary, accompanied by his 74-year-old grandfather, was attacked by several men in Prague. The grandfather fell and suffered head injuries during the attack and later died in the hospital. An NGO assisting the victim reported that police were not treating the incident as an attack motivated by sexual orientation.

In June a group of eight persons attacked Jakub Stary, the editor of a gay magazine, as well as his same-sex partner and three friends in Prague because Stary and his partner were holding hands. Stary lost teeth and suffered injuries on his head and body. He reported to the media that police on the scene became dismissive of the incident when they were told the attack was provoked by Stary and his partner holding hands.

Several LGBTQI+ individuals complained to the ombudsman that their blood donations were refused on the grounds that they had unprotected sex in the previous six months, although all blood samples are tested for all sexually transmitted diseases. No similar refusals were made regarding blood donations by heterosexual persons.

Official change of gender is only available to persons who undergo gender reassignment surgery. Transgender individuals are required to be sterilized to obtain gender altering surgery or receive legal gender recognition. Gender altering surgery is allowed for single or divorced persons who have a minimum of one year of hormonal therapy and “acting” as the person of the desired gender. The Council of Europe found this practice contrary to EU member commitments on the protection of health. The ombudsman recommended that the government submit amendments to relevant laws. In May 2019 the Supreme Administrative Court ruled, contrary to the European Court for Human Rights, that the sterilization requirement was legitimate. The decision was challenged in the Constitutional Court, where the case was pending as of year’s end.

Laws prohibit discrimination against LGBTQI+ persons in housing, employment, and access to health care, and the government generally enforced such laws. The country does not have specific hate crime provisions covering sexual orientation and gender identity. Laws allow registered partnerships of same-sex couples but not marriage. The law on victims of crimes covers lesbian, gay, bisexual, and transgender minorities, but they are not considered “particularly vulnerable persons” and are not entitled to additional legal protections, unlike children, seniors, victims of trafficking or terrorism, and, as of July, rape and domestic violence victims.

Democratic Republic of the Congo

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

While no law specifically prohibits consensual same-sex sexual conduct between adults, individuals engaging in public displays of consensual same-sex sexual conduct, such as kissing, were sometimes subject to prosecution under public indecency provisions, which were rarely applied to opposite-sex couples. A local NGO reported authorities rarely took steps to investigate, prosecute, or punish officials who committed abuses against LGBTQI+ persons, whether in the security forces or elsewhere in the government.

Identifying as LGBTQI+ remained a cultural taboo. LGBTQI+ individuals were subjected to harassment, stigmatization, and violence, including “corrective” rape. Some religious leaders, radio broadcasts, and political organizations played a key role in supporting discrimination against LGBTQI+ individuals.

LGBTQI+ persons in South Kivu Province reported that in 2018 a coalition of revivalist churches in Bukavu published materials characterizing LGBTQI+ persons as acting against the will of God. The publications contributed to a deteriorating environment for LGBTQI+ rights in the area. Advocates in the eastern part of the country reported arbitrary detentions, acts of physical violence, including beatings, being stripped naked, sexual abuse in public settings, and rape. In some cases LGBTQI+ persons were forced by threats of violence to withdraw from schools and other public and community institutions.

In June LGBTQI+ persons who participated in Pride Month activities were subjected to harassment, physical violence, and threats when photographs became public. An NGO supporting LGBTQI+ rights reported receiving hate mail and threats of violence. The NGO reported there was rarely condemnation when LGBTQI+ persons were attacked and that LGBTQI+ individuals faced difficulties pursuing claims of discrimination in employment.

An NGO promoting LGBTQI+ rights claimed other human rights organizations excluded and ostracized LGBTQI+ rights organizations due to their religious beliefs or belief that LGBTQI+ rights do not constitute human rights. One activist reported being explicitly excluded from other meetings of human rights organizations or women’s rights organizations due to her affiliation as an LGBTQI+ activist.

A human rights NGO reported that a gay man was severely beaten by a mob, which included several security force members, after he was lured to meet another man at a local hotel. Human rights activists alleged that some in the mob were members of the Republican Guard. The mob later attacked the man’s house and stole his money, causing the man to go into hiding and to be disowned by his family.

LGBTQI+ activists reported that there were many cases of “corrective” rape against both men and women during the year. When the survivors came to a health clinic for care, they were either rejected for being LGBTQI+ or the staff at the health clinic tried to talk them out of being LGBTQI+.

An influential church, Centre Missionnaire Philadelphie, where several high-ranking politicians attended services, held a seminar with hundreds of participants about the “causes and consequences” of being LGBTQI+, claiming it was immoral.

In July former human rights minister Marie-Ange Mushobekwa, responding to a tweet, wrote that LGBTQI+ persons could “love each other privately” but claimed that representative of foreign governments “will have to walk over the dead bodies of Congolese people to impose such behavior in public or legalize it.”

Denmark

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape against women and men (the statute is gender neutral), including spousal rape and domestic violence. Rape is not defined by a lack of consent, but rather by whether physical violence, threat, or coercion is involved or if the victim is found to have been unable to resist. Penalties for rape include imprisonment for up to 12 years for aggravated circumstances and up to six years for domestic violence. The government effectively prosecuted persons accused of rape.

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

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

Faroese law criminalizes rape with penalties of up to 12 years’ imprisonment. The law considers nonconsensual sex with a victim in a “helpless state” to be sexual abuse rather than rape. In certain instances it also reduces the penalty for rape and sexual violence within marriage.

Greenlandic law criminalizes rape. The law does not provide a minimum sentencing for persons convicted of rape but does cap sentencing at 10 years. The law is applied equally regardless of the marital relationship of the offender and the victim. The law provides that sentencing be based on the severity of the case as well as an individual evaluation of the offender. Sentencing was typically between 12 and 18 months.

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

The government and NGOs operated 24-hour hotlines, counseling centers, and shelters for female survivors of violence throughout the country, including in Greenland and the Faroe Islands.

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

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

Sexual Harassment: The law prohibits sexual harassment and provides that authorities may order a perpetrator or an employer who allowed or failed to prevent an incident of harassment to pay monetary compensation to victims. The law considers sexual harassment an unsafe working condition and gives labor unions or the Equal Treatment Board the responsibility to resolve it. The government enforced the law effectively.

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

Discrimination: Women have the same legal status and rights as men, including under family, labor, religious, personal status and nationality, property, inheritance, employment, access to credit, and owning and managing businesses and property laws. Little discrimination was reported in employment, ownership and management of businesses, or access to credit, education, or housing.

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

Police and other government agents did not incite, perpetrate, condone, or tolerate violence against LGBTQI+ individuals, or those reporting on such abuse.

Danish law prohibits discrimination by state and nonstate actors against LGBTQI+ persons, and the government enforced such laws.

The law affords individuals legal gender recognition, but government guidelines require that individuals undergoing transition receive hormone treatment at one of two designated government-run clinics; private physicians are not permitted to establish this course of treatment.

In May the protest movement Live and Let Live (Lev og Lad Leve) published a book detailing 1,000 examples of hate crimes committed against members of the LGBTQI+ community in the country since 2020. The release of the book was accompanied by a demonstration at parliament where 1,000 chairs were placed in front of the castle, one to represent each story in the book. The organizers and authors of the book delivered copies of the book to politicians in parliament, among them Minister for Equal Opportunities Peter Hummelgaard. Several smaller demonstrations were held throughout the country where books were given to local politicians. Intersex Denmark and other LGBTQI+ organizations called on the country to end surgery on intersex children.

Djibouti

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The law does not explicitly criminalize lesbian, gay, bisexual, transgender, queer, or intersex (LGBTQI+) status or sexual conduct between consenting adults. No antidiscrimination law exists to protect LGBTQI+ individuals. There were no reported incidents of societal violence or discrimination based on sexual orientation, gender identity or expression, or sex characteristics, although LGBTQI+ persons generally did not openly acknowledge their LGBTQI+ status. There were no LGBTQI+ organizations.

Dominica

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

Consensual same-sex sexual conduct for both men and women is illegal under indecency statutes. The law also prohibits anal intercourse between males. The government reported it rarely enforced either statute, with no instances of the law being enforced through the end of November. Indecency statutes carry a maximum penalty of 12 years in prison, and same-sex sexual conduct between consenting men carries a maximum penalty of 10 years in prison, with the possibility of forced psychiatric confinement upon release.

No laws prohibit discrimination against a person based on sexual orientation, gender identity, gender expression, or sex characteristics in employment, housing, education, or health care.

Anecdotal evidence suggested that strong societal and employment discrimination were common against persons due to their real or perceived sexual orientation, gender identity, gender expression, or sex characteristics. Civil society representatives reported that LGBTQI+ victims of violence or harassment avoided notifying police of abuse because of social stigma and fear of harassment. Representatives further reported that in cases where police were notified of attacks against LGBTQI+ persons, police either rejected or poorly investigated some claims.

Civil society representatives reported that some LGBTQI+ individuals were denied access to housing, lost employment, were bullied in schools, or were denied educational and institutional support. Stigma and fear of abuse and intimidation prevented LGBTQI+ organizations from developing their membership or conducting activities such as Pride marches.

Dominican Republic

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape of men and women, spousal rape, domestic violence, incest, and sexual aggression. Sentences for rape range from 10 to 15 years in prison and a modest fine. The Attorney General’s Office oversees the Violence Prevention and Attention Unit, which had 19 offices in the country’s 32 provinces. The Attorney General’s Office instructed its officers not to settle cases of violence against women and to continue judicial processes even when victims withdrew charges. District attorneys provided assistance and protection to victims of violence by referring them to appropriate institutions for legal, medical, and psychological counseling.

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

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

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

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

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

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

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

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

Discrimination: Although the law provides women and men the same legal rights, women did not enjoy social and economic status or opportunity equal to that of men. Civil society organizations explained that women faced obstacles regarding economic equality and independence. In addition no law requires equal pay for equal work.

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

The constitution protects the principles of nondiscrimination and equality before the law, but it does not specifically include sexual orientation and gender identity as protected categories. It prohibits discrimination on the grounds of “social or personal condition” and mandates that the state “prevent and combat discrimination, marginalization, vulnerability, and exclusion.” The law prohibits discrimination based on sexual orientation and gender identity only for policies related to youth and youth development.

Discrimination limited the ability of LGBTQI+ persons to access education, employment, health care, and other services. NGO representatives reported widespread discrimination against LGBTQI+ persons, particularly transgender individuals and lesbians, in health care, housing, education, justice, and employment. LGBTQI+ individuals also faced rampant intimidation and harassment.

Ecuador

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

Egypt

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

While the law does not explicitly criminalize consensual same-sex sexual activity, lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons were arrested and prosecuted on charges such as “debauchery,” “prostitution,” and “violating family values,” for which the law provides for prison sentences of up to 10 years. According to a local rights group, there were more than 250 reports of such arrests since 2013. Rights groups and activists reported harassment by police, including physical assault and forced payment of bribes to provide information concerning other LGBTQI+ individuals or to avoid arrest. There were reports that authorities used social media, dating websites, and mobile phone apps to entrap persons they suspected of being gay or transgender, a method LGBTQI+ advocates described as especially effective since LGBTQI+-friendly public spaces had largely closed in recent years. Rights groups reported that authorities, including the Forensic Medical Authority, conducted forced anal examinations, which rights groups indicated primarily targeted LGBTQI+ individuals. The law allows for conducting forced anal exams in cases of “debauchery.”

Authorities did not use antidiscrimination laws to protect LGBTQI+ individuals. Legal discrimination and social stigma impeded LGBTQI+ persons from organizing or advocating publicly in defense of their rights. Information was not available on discrimination in employment, occupation, housing, statelessness, or access to education or health care based on sexual orientation and gender identity. There were no government efforts to address potential discrimination. There were reports of arrests and harassment of LGBTQI+ individuals. Intimidation and the risk of arrest greatly restricted open reporting and contributed to self-censorship. The government has the authority to deport or bar entry to the country of LGBTQI+ foreigners.

The Egyptian Medical Syndicate allows for gender-affirming treatment with approval by a special committee composed of medical doctors and al-Azhar clergy, according to international media citing a local LGBTQI+ activist on February 6. The committee relies on a fatwa that stipulates gender affirming treatment must be “medically necessary” and justified by a “biological,” not a “mental” matter. According to Human Rights Watch, the surgery was allowed only for intersex persons, which left transgender individuals to seek treatment from unregulated and often unsafe clinics. On August 26, according to Human Rights Watch, Ezz Eldin, a 26-year-old transgender man, bled to death following surgery in an underground clinic.

On May 6, border guards prevented two transgender Israelis from entering Sinai for tourism because they did not appear to belong to the sex listed in their passports.

According to a LGBTQI+ rights organization 2020 annual report issued in January, authorities arrested 25 LGBTQI+ individuals in 2020 and conducted forced anal exams on six persons.

El Salvador

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Police and gangs continue to commit acts of violence against LGBTQI+ individuals. These actions were tolerated by the government, and perpetrators were rarely prosecuted.

On February 20, the Attorney General’s Office announced three MS-13 gang members were convicted of homicide for the 2017 murders of two transgender women in San Luis Talpa, La Paz Department, and each was sentenced to more than 60 years in prison. The Prosecutor’s Office handled the case as a quarrel between gangs and not as a crime related to gender identity of the victims, and as a result the Prosecutor’s Office did not categorize the homicides as hate crimes.

On April 25, Zashy del Cid, a transgender woman, died in San Miguel after she was shot in the back while walking down the street. As of June 5, police had made no arrests. A report by Association Communicating and Training Trans Women in El Salvador (COMCAVIS Trans) found that gangs were responsible for nearly two-thirds of the violence against the LGBTQI+ community.

LGBTQI+ activists reported to the Attorney General’s Office that they received death threats on social media. Police generally failed to act on these reports. NGOs reported that public officials, including police, engaged in violence and discrimination against LGBTQI+ persons. Persons from the LGBTQI+ community stated the PNC and officials from the Attorney General’s Office harassed transgender and gay individuals who reported cases of violence against LGBTQI+ persons, including by conducting unnecessary and invasive strip searches.

In 2020 the Bukele administration eliminated five presidential secretariats created under the previous administration, including the Secretariat of Inclusion. The responsibilities of the secretariat moved to the Gender and Diversity Office in the Ministry of Cultural Affairs, which has no authority to influence policy and insufficient support to implement programs. It did not provide any significant public services.

The law prohibits discrimination based on sexual orientation or gender identity, which applies to discrimination in housing, employment, nationality, and access to government services. Gender identity and sexual orientation are included in the law covering hate crimes, along with race and political affiliation. Despite the existence of these laws, the government has not taken enforcement actions against violators.

As of August 31, the PDDH reported seven alleged cases of discrimination against LGBTQI+ persons. The PDDH confirmed on February 14 that they opened an investigation into the possible discrimination against an army officer who complained of being discharged due to his sexual orientation. On January 31, the Lieutenant Cristian Adalberto Castro Grijalva was discharged from the army for “public or private conduct that is notoriously immoral or contrary to good customs or public order.” Castro Grijalva said his sexual orientation was not a secret and that it never affected his performance.

Supreme Electoral Tribunal guidelines state individuals may not be denied the right to vote because the photograph on their identification card does not match their physical appearance. Nonetheless, media documented cases of transgender persons who faced harassment while voting in the municipal elections during the year because their name and photograph on their national identification document did not match their expression of gender identity.

COMCAVIS Trans reported that the LGBTQI+ community faced discrimination when obtaining health care. Lesbian women said their gynecologists only focused on HIV or other sexually transmitted diseases when they learned that their patients were lesbian instead of spending time treating routine gynecological issues. According to COMCAVIS Trans, transgender persons also faced discrimination from medical staff when they insisted on calling patients by their legal name instead of their chosen names.

Equatorial Guinea

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Security forces reportedly subjected LGBTQI+ individuals to discrimination and violence, including rape and other sexual violence, within the military and in jails and prisons. Authorities did not investigate these abuses.

No laws criminalize consensual same-sex sexual conduct between adults, but societal stigmatization of and discrimination against the LGBTQI+ community was a problem. The government made no effort to combat this stigma and discrimination. The government and laws do not formally recognize or protect the existence of LGBTQI+ persons or groups; no laws prohibit discrimination. The government’s position was that such sexual orientations and gender identities were inconsistent with cultural beliefs.

LGBTQI+ individuals often faced stigma from their families as well as from the government and employers. Families sometimes rejected children and forced them to leave home, often resulting in them quitting school. Authorities removed some LGBTQI+ individuals from government jobs and academia because of their perceived or actual sexual orientation. School officials reportedly denied transgender children access to some educational facilities. There were persistent reports that family members raped LGBTQI+ women to impregnate them and supposedly convert them to heterosexuality. Family members also reportedly raped transgender men. There were also reports of families of LGBTQI+ parents taking children away.

Eritrea

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

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

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

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

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

The law criminalizes consensual same-sex sexual activity “or any other indecent act,” which is punishable if convicted by five to seven years’ incarceration. The government actively enforced this law. Antidiscrimination laws relating to LGBTQI+ persons do not exist.

There were no known LGBTQI+ organizations in the country. The government tightly restricts freedom of expression (see section 2.a.), including on subjects related to sexual orientation and gender identity.

Estonia

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape, including spousal rape, and physical abuse, including domestic violence. The law was effectively enforced. The penalty for rape, including spousal rape, is imprisonment for up to 15 years. According to the NGO Sexual Health Union, 13 percent of women had suffered sexual violence, including rape.

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

NGOs, local governments, and others could seek assistance for survivors from the national government. There is a network of shelters for women and women with children who were victims of gender-based violence as well as hotlines for domestic violence and child abuse. There are four treatment centers for survivors of sexual violence. Police officers, border guards, and social workers received training related to domestic and gender violence from NGOs and the Ministries of Social Affairs, Interior, and Justice.

Sexual Harassment: The law prohibits sexual harassment, but there were reports of such harassment in the workplace and on public transport. By law, sexual harassment complaints may be resolved in court. The penalty for sexual harassment is a fine or detention for up to 30 days. In 2020 the number of sexual harassment cases did not materially change compared with the previous year; 97 percent of the victims in reported cases of sexual harassment were women. The number of registered stalking incidents in 2020 grew 11 percent compared to the previous year; 88 percent of reported stalking victims were women while 92 percent of alleged perpetrators were men.

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

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

Discrimination: The law provides the same legal status and rights for women as for men, including under family, religious, personal status, and nationality laws as well as laws related to labor, property, inheritance, employment, access to credit, and owning or managing businesses or property. The government generally enforced such laws. There were reports of discrimination in employment and occupation and unequal treatment due to gender, age, disability, and sexual preference (see section 7.d.).

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

The law prohibits discrimination based on sexual orientation and gender identity. While the law is not specific regarding the forms of sexual orientation and gender identity covered, the general understanding is that it encompasses LGBTQI+ individuals. In 2020 police registered one case that included expression of hatred against LGBTQI+ persons. Advocacy groups reported that societal harassment and discrimination against LGBTQI+ persons remained common but noted improving public attitudes towards LGBTQI+ persons. A 2021 survey of citizens showed that more than half of the respondents considered same-sex sexual orientation completely or somewhat acceptable (53 percent), a 12-point increase since the same question was posed in 2019.

Eswatini

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

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

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

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

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

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

While there are colonial-era common law prohibitions against sodomy, no penalties are specified, and there has never been an arrest or prosecution for consensual same-sex conduct. The law does not prohibit discrimination against lesbian, gay, bisexual, transgender, queer, or intersex (LGBTQI+) persons in housing, employment, nationality laws, and access to government services such as health care. Societal discrimination against LGBTQI+ persons, although gradually lessening, remained a concern, and LGBTQI+ persons often concealed their sexual orientation and gender identity. LGBTQI+ persons who were open regarding their sexual orientation and relationships faced censure and exclusion from the chiefdom-based patronage system. Some traditional, religious, and government officials criticized same-sex sexual conduct as neither morally Swati nor Christian. In June LGBTQI+ persons conducted a virtual pride celebration without incident.

Ethiopia

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

There were reports of violence against LGBTQI+ persons; however, reporting was limited due to fear of retribution, discrimination, or stigmatization. There are no hate crime laws or other criminal justice mechanisms to aid in the investigation of abuses against LGBTQI+ persons. Individuals generally did not publicly identify themselves as LGBTQI+ due to severe societal stigma and the illegality of consensual same-sex sexual conduct. Activists in the LGBTQI+ community reported surveillance and feared for their safety. The law does not prohibit discrimination by state and nonstate actors against LGBTQI+ persons.

Consensual same-sex sexual conduct is illegal, and conviction is punishable by three to 15 years’ imprisonment. No law prohibits discrimination against LGBTQI+ persons. There were no reports of persons incarcerated or prosecuted for engaging in consensual same-sex sexual conduct.

Fiji

Section 6. Discrimination and Societal Abuses

Women

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

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

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

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

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

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

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

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

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

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

The constitution prohibits discrimination on the grounds of sexual orientation, gender, and gender identity and expression. The law prohibits discrimination in employment based on sexual orientation. Nevertheless, NGOs reported complaints of discrimination against lesbian, gay, bisexual, transgender, queer, or intersex persons in employment, housing, access to health care, and other fields.

Finland

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape of both women and men, including spousal rape, and the government enforced the law effectively. Rape is punishable by up to six years’ imprisonment. If the offender used violence, the offense is considered aggravated, and the penalty may be up to 10 years. All sexual offenses against adults, except sexual harassment, are subject to public prosecution. Sexual offenses against a defenseless person (such as because of unconsciousness, intoxication, or a disability) are considered as severe as rape.

Authorities may prosecute domestic abuse under various criminal laws, including as rape, assault and battery, harassment, and disturbing the peace. The penalty for physical domestic violence ranges from a minimum of six months to a maximum of 10 years in prison.

The legal definition of rape emphasizes intentional violence, which civil society organizations alleged leads courts to find assailants not guilty in cases where coercion was less explicit. In addition police must inquire about a party’s willingness to participate in reconciliation, which is usually engaged in before the case proceeds to the prosecutor. Reconciliation may be grounds for the prosecutor not to press charges, but even reconciliation where a mutual agreement has been reached does not prevent the prosecutor from pressing charges.

Gender-based violence, including domestic and intimate partner violence, continued to be a problem. The Finnish branch of Amnesty International estimated that more than 100,000 persons experienced violence annually in the country and that 76 percent of the victims were women. According to Amnesty International, only 10 percent of these incidents were reported to authorities and most of those reported did not lead to prosecution. While police are obligated to investigate domestic violence cases, many of the cases are referred to a mediator after which police do not closely track the cases. According to the Institute for Health and Welfare (THL), 36.3 percent of intimate partner violence cases were directed to mediation. During the COVID-19 pandemic, cases of intimate-partner violence reported to police increased by 6 percent, and utilization of the online services of the Federation of Mother and Child Homes and Shelters grew by 11 percent over the same period. A government-funded provider of telephone support services for victims of violence against women and domestic violence also reported a 31 percent increase in individuals seeking assistance in 2020. From January through July, 160 cases of rape were reported to police or border guards, a 24 percent increase over the same period in 2020. The ombudsman for equality at the Ministry of Justice highlighted problems with access to domestic violence shelters in remote rural areas.

The government funded shelters specifically for victims of domestic violence. There were 29 shelters for victims of domestic violence, and the number of places available in shelters throughout the country increased to 231 from 179 in 2018. The Finnish branch of Amnesty International stated that 550 places were needed to support the number of victims properly and that some rural areas had very few shelters and insufficient space in those shelters. The Human Rights Center acknowledged the problem. A survey of shelter services published by the THL during the year found a decrease in the number of shelter clients since 2019. The use of social welfare and health care services that refer clients decreased during COVID-19 lockdowns, which contributed to a decrease in the use of shelters. The THL estimated that the total required number of family places in shelters varied between 262 and 367. The ombudsman for equality at the Ministry of Justice highlighted problems with access to domestic violence shelters in remote rural areas. Funding of support services for survivors of violence were predominantly provided from the revenue of a state-owned company operating slot machines and gambling.

Female Genital Mutilation/Cutting (FGM/C): FGM/C is treated as aggravated assault under the law and may be punished with imprisonment or deportation. Taking a girl living in the country abroad for FGM/C is also considered a crime. The government generally enforced the law. A school health survey released by the THL in June 2020, the most recent data available, found that 0.2 percent of girls attending high school or vocational school had undergone FGM/C and that at least 10 girls who answered the questionnaire were mutilated in Finland. The population that most reported having undergone FGM/C were Somali-born residents.

Sexual Harassment: The law defines sexual harassment as a specific, punishable offense with penalties ranging from fines to up to six months’ imprisonment. Employers who fail to protect employees from workplace harassment are subject to the same penalties. The prosecutor general is responsible for investigating sexual harassment complaints. The government generally enforced the law.

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

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

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

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

Discrimination: The law provides for the same legal status and rights for women as for men. The government enforced the law effectively. Pregnant women experienced difficulties in finding a job, returning from leave, and renewing fixed-term contracts. The equality ombudsman estimated that half of all calls relating to workplace discrimination concerned discrimination based on pregnancy or issues involving return from parental leave (see also section 7.d.).

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.

France

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape, and the government generally enforced the law effectively. The penalty for rape is 15 years’ imprisonment, which may be increased. The government and NGOs provided shelters, counseling, and hotlines for rape survivors.

The law prohibits domestic violence against women and men, including spousal abuse, and the government generally enforced the law effectively. The penalty for domestic violence against either gender varies from three years to 20 years in prison and a substantial fine.

In 2019 the government’s Interministerial Agency for the Protection of Women against Violence and Combatting Human Trafficking published data showing that in 2018 approximately 213,000 women older than 18 declared they were survivors of physical or sexual violence at the hands of a partner or former partner. The agency reported that over the same period, 94,000 women declared they had been survivors of rape or attempted rape.

In 2019 the National Observatory of Crime and Criminal Justice, an independent public body, and the National Institute of Statistics and Economic Studies (INSEE) published a joint study showing that the number of persons who considered themselves survivors of sexual violence committed by a person who did not live with them declined from 265,000 in 2017 to 185,000 in 2018. In 2017 there had been a sharp increase in the number of estimated victims so, despite the decline, the 2018 estimate still reflected the second-highest level of abuse since the organizations began collecting data in 2008.

In its 2020 annual report on delinquency published on January 28, the Ministry of Interior reported that domestic violence and rape cases rose by 9 and 11 percent, respectively, compared with 2019. Police and gendarmes registered 24,800 rapes committed in the country in 2020, an 11 percent increase compared with 2019 when 22,300 rapes were registered. The government sponsored and funded programs for women survivors of gender-based violence, including shelters, counseling, hotlines, free mobile phones, and a media campaign. The government also supported the work of 25 associations and NGOs dedicated to addressing domestic violence.

In 2019 the government initiated a national forum on domestic violence that brought together dozens of ministers, judges, police officers, survivors’ relatives, and feminist groups in approximately 100 conferences across the country. At the close of the conferences, then prime minister Philippe announced 46 measures aimed at preventing gender-based violence, including domestic violence. Among concrete measures announced were the creation of 1,000 new places in shelters for survivors and improved training for those who work with survivors of domestic violence. On September 3, Prime Minister Castex reported that, of the 46 measures announced in 2019, 36 had been implemented.

In July 2020 parliament adopted a bill on the protection of domestic violence survivors that authorizes doctors to waive medical confidentiality and report to police if a patient’s life is in “immediate danger.” The law reinforces harassment penalties and includes a 10-year prison sentence in cases where violence led to a victim’s suicide. The law also makes it possible for authorities to suspend parental rights in cases of domestic violence.

Starting in September 2020, judges in five courts (Bobigny, Pontoise, Douai, Angouleme, and Aix-en-Provence) were able to order domestic violence offenders to wear electronic tracking bracelets with a monitor that alerts survivors and police if the abuser comes within a certain distance of the survivor. Judges may order trackers for men charged with assault, even if not yet convicted, provided sufficient grounds are met and the suspect accepts. If a suspect refuses a tracker, the judge may order prosecutors to open a criminal inquiry. Survivors will be given a warning device, and alleged offenders must submit to restraining orders as defined by judges.

The government estimated more than 200,000 women were survivors of marital violence each year, with many cases never reported. Official statistics showed that 102 women were killed in domestic violence cases in 2020, down from 149 in 2019. At year’s end the feminist collective “Nous toutes” (All of us) estimated that 113 women were killed in cases involving domestic violence during the year.

On May 4, 31-year-old Chahinez Boutaa, a mother of three, was shot in the legs by her husband before being doused in a flammable liquid and burned alive. The attack happened in broad daylight in Merignac. Following Chahinez Boutaa’s killing, the government launched an inquiry, whose conclusions pointed to serious flaws in the system, notably in the failure to monitor the perpetrator upon his release from prison. The conclusions also revealed a lack of coordination between police and judicial services. In September media outlets leaked an internal police report conducted by the inspector general of the IGPN on the handling of this case. The report concluded that two high-ranking police officers, an inspector and a sergeant, should face a disciplinary hearing and possibly face other sanctions after the report revealed they had made errors of judgment in dealing with this case.

On June 9, the government announced a series of measures to offer women better protection, to include evaluating the danger posed by a perpetrator prior to any easing of sentences. The number of emergency telephones given by police to abuse victims to make calls in case of immediate danger was scheduled to be increased to 3,000 by early 2022, up from the existing 1,324. The government also announced the “reinforcement of the control and possession” of weapons and the creation of a committee to monitor the measures, as well as the introduction of a conjugal violence file, shared and updated each time the police are called in to deal with a case of conjugal violence or when a formal complaint is lodged.

On June 25, a court in Saone-et-Loire sentenced a woman who had killed her rapist husband to a four-year term with three years suspended. She was spared more prison time as she had already served a year in pretrial detention. Prosecutors told the court that the 40-year-old should not go back to prison, as she was “very clearly a victim” of her tyrannical husband.

In an August 2 interview, Interior Minister Darmanin announced new measures against domestic violence. He stated that priority would be given to the processing of complaints of domestic violence, and that an officer specializing in this type of violence would be appointed to each police station and each gendarmerie brigade across the country. To handle the increased number of court procedures (193,000 for the year 2020), Darmanin promised a recruitment drive for judicial police officers.

On September 24, Justice Minister Eric Dupond-Moretti unveiled an experiment that uses virtual reality technology to deter men convicted of domestic violence from reoffending. The technology offers a “total immersion” experience by way of a headset that allows the offender to look at things from the point of view of his victims. Some 30 volunteers – all men who have been convicted for domestic violence –chose to participate in the experiment, which started in October and will be run for a year by three prison services. Six are from Villepinte and 12 are from Meaux, suburbs north-east of Paris, while 10 are in the south-eastern city of Lyon. “We have given priority to the profiles that are most likely to re-offend,” the Justice Ministry said of the project, which was to be independently evaluated before being made permanent.

On October 1, the 2021 European Crystal Scales of Justice prize, organized by the Council of Europe to reward innovative judicial practices within European judicial institutions, was awarded to the Ministry of Justice for its project Simplified filing of complaints in hospitals for victims of domestic violence. The project involved a system that allows investigating authorities to receive complaints from victims of domestic violence directly in medical facilities. The system strengthens survivor protection by providing a simplified procedure for filing a complaint at the moment and place where the violence was reported.

Female Genital Mutilation/Cutting (FGM/C): FGM/C was practiced in the country, particularly within diaspora communities. Various laws prohibit FGM/C and include extraterritorial jurisdiction, allowing authorities to prosecute FGM/C, which is punishable by up to 20 years in prison, even if it is committed outside the country, and up to 30 years if the FGM/C leads to the death of the victim. The government provided reconstructive surgery and counseling for FGM/C survivors.

According to the latest statistics available from the Ministry of Gender Equality and the Fight against Discrimination, between 40,000 and 60,000 FGM/C survivors resided in the country; the majority were from sub-Saharan African countries where FGM/C was prevalent, and the procedure was performed. According to the Group against Sexual Mutilation, 350 excisions were performed in the country each year. In 2019 the government initiated a national action plan to combat FGM/C, focusing on identifying risks, preventing FGM/C, and supporting female survivors. In 2019 the National Public Health Agency estimated the number of victims of FGM/C rose from 62,000 in the early 2000s to 124,000 in the middle 2010s.

On February 6, the International Day of Zero Tolerance for Female Genital Mutilations/Cutting, Junior Minister of Gender Equality and the Fight against Discrimination Schiappa announced the allocation of 60,000 euros ($69,000) to implement a key provision of the 2019 national action plan to eradicate FGM/C. The funds were to support initial trials of a system to study the prevalence of FGM/C in the country.

Sexual Harassment: The law prohibits gender-based violence, including sexual harassment of both women and men in the workplace. Sexual harassment is defined as “subjecting an individual to repeated acts, comments, or any other conduct of a sexual nature that are detrimental to a person’s dignity because of their degrading or humiliating character, thereby creating an intimidating, hostile, or offensive environment.” The government enforced the law.

The law provides for on-the-spot fines for persons who sexually harass others on the street (including wolf whistling), and substantial fines if there are aggravating circumstances. The law covers sexual or sexist comments and behavior that is degrading, humiliating, intimidating, hostile, or offensive and provides for increased sanctions for cyberstalking and prohibits taking pictures or videos under someone’s clothes without consent, which is punishable by up to one year in prison and a substantial fine. In a report released on July 6, the Ministry of Interior noted that authorities fined 3,500 men for harassing women in public spaces since the introduction of the law in 2018, including 850 during the first five months of the year.

In May 2020 the government unveiled a plan to fast-track court proceedings for street harassment and a campaign to keep women safe on the streets. The measures were part of a “cat-calling law,” which already allows for on-the-spot fines. The new provisions tighten enforcement for street harassment against women, allowing prosecutors to hear cases immediately. The plan, backed by the United Nations, allowed women who feel in danger “to know where they can find refuge if there are no police officers at hand to take their statement.” Refuge shelters could be bars, restaurants, pharmacies, or any business willing to take part in the program. Women would be able to recognize participating locations by a label displayed outside the business. On April 15, the government launched a “barometer” program to assess the street harassment phenomenon and map “red areas” of concern.

According to the latest statistics released by the Ministry of Interior in January, reported cases of sexual harassment increased by 6 percent in 2020, with 2,270 complaints registered by police.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

On September 9, Health Minister Olivier Veran announced that contraception will be free for women up to the age of 25 beginning in 2022, extending a program under which girls ages 15 to 18 could receive free contraception. The minister stated that 25 was chosen as the age limit because “this age corresponds with more economic and social autonomy,” adding that “it’s also the age limit for coverage under one’s family health plan.”

The government provided access to sexual and reproductive health services for survivors of sexual violence. Emergency contraception was available as part of clinical management of rape.

Discrimination: The law prohibits gender-based job discrimination and harassment of subordinates by superiors, but this prohibition does not apply to relationships between peers. The constitution and law provide for the same legal status and rights for women as for men, including under family, religious, personal status, labor, employment, property, nationality, and inheritance laws, access to credit, and owning or managing businesses or property in line with the Women’s Global Development and Prosperity Initiative. The Ministry of Gender Equality, Diversity, the Fight against Discrimination and Equal Opportunities is responsible for protecting the legal rights of women. The constitution and law provide for equal access to professional and social positions, and the government generally enforced the laws.

There was discrimination against women with respect to employment and occupation (see section 7.d.), and women were underrepresented in most levels of government leadership.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Homophobic violence and hate speech decreased by 15 percent in 2020, with 1,590 acts compared with 1,870 in 2019, according to Ministry of Interior statistics released May 12. Insults constituted 31 percent of the offenses, while nonsexual physical violence made up 26 percent. Victims were mainly men (75 percent) and young persons (60 percent were younger than age 35). The ministry stressed there was significant underreporting, so the actual figures were higher.

On May 10, the Bobigny Criminal Court sentenced a 21-year-old man to four years in prison, including an 18-month suspended prison sentence, for hitting and stabbing a 31-year-old gay man in an ambush in Drancy in 2019. The court acknowledged the homophobic nature of the attack. Two other suspects, minors at the time of the attack, were due to appear before a children’s judge.

On May 17, the Inter-LGBT association reported that COVID-19 lockdowns led to an increase in violence against lesbian, gay, transgender, queer, and intersex (LGBTQI+) persons within families in 2020. The group said the associations have been under increased pressure to find emergency lodgings for youth thrown out on the street because of their sexual orientation.

According to a YouGov survey of 1,028 individuals conducted between June 7 and June 14 and published on August 31, 57 percent of respondents said they would be supportive if a close family member came out as lesbian, gay, or bisexual, while one in five (19 percent) said they would not. Approximately half (47 percent) would be supportive if their relative came out as transgender or nonbinary, but one in four (27 percent) would not.

The law prohibits discrimination based on sexual orientation and gender identity in housing, employment, nationality laws, and access to government services. Authorities pursued and punished perpetrators of violence based on sexual orientation or gender identity. The statute of limitations is 12 months for offenses related to sex, sexual orientation, or gender identity.

In October 2020 Elisabeth Moreno, the junior minister of gender equality and the fight against discrimination, unveiled a three-year national plan to combat hatred and discrimination against LGBTQI+ persons. Moreno told media the plan emphasized the importance of inclusive education in stamping out homophobia and aimed to make members of the LGBTQI+ community “citizens in their own right.” The strategy comprised 42 measures designed to tackle homophobia or transphobia in the home, school, university, work, health care, and sports, and will be “amplified” between 2020 and 2023. The plan also aimed to act against conversion therapy, which Moreno stated constituted “abject and medieval practices.”

In a September 29 circular addressed to all Education Ministry staff, Education Minister Jean-Michel Blanquer gave instructions on how to improve the welcoming of transgender children and how to fight against transphobia in schools. The circular set rules on responding to requests to change first names, wear clothing, and use private areas such as toilets and changing rooms.

Human rights organizations such as Inter-LGBT criticized the government for continuing to require transgender persons to go to court to obtain legal recognition of their gender identity.

Gabon

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape; convicted rapists face penalties of 10 to 20 years’ imprisonment and a fine. Nevertheless, authorities seldom prosecuted rape cases. The law addresses spousal and intimate partner rape regardless of gender. There were no reliable statistics on the prevalence of rape, but a women’s advocacy NGO estimated it to be a frequent occurrence. Discussing rape remained taboo, and survivors often opted not to report it due to shame or fear of reprisal.

On January 29, an agent of the Republican Guard raped a girl age 15 in Libreville. The Army Disciplinary Council heard his case and dismissed him from the army. He received no further sanctions.

Although the law prohibits domestic violence, NGOs reported it was common. Penalties for conviction range from two months’ to 15 years’ imprisonment. Women rarely filed complaints, due to shame or fear of reprisal, although the government operated a counseling group to provide support for abuse victims. The government provided in-kind support to an NGO center to assist victims of domestic violence, and through the center’s work, police intervened in response to incidents of domestic violence. In April the government opened a national hotline to assist persons experiencing any kind of violence.

Sexual Harassment: NGOs reported sexual harassment of women continued to be pervasive. The law states sexual harassment “constitutes an offense against morals (and includes) any behavior, attitude or repeated assiduous or suggestive words, directly or indirectly attributable to a person who, abusing the authority or influence conferred on him by his functions or its social rank, aims to obtain sexual favors from an individual of one or the other sex.” Conviction of sexual harassment is punishable by up to six months’ imprisonment and a substantial monetary fine. During the year there were no reports of convictions for sexual harassment or of other enforcement of the relevant law.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

The Ministry of Health provided guidance on family-planning best practices to health facilities throughout the country. There were some social and cultural barriers to access to family planning based on behavioral norms, religious beliefs, and an individual’s sexual orientation. Adolescents in rural areas also sometimes lacked access to family planning. Sexual and reproductive health services, but not including emergency contraception, were available to survivors of sexual violence at government and private medical facilities, and local NGOs provided support to sexual violence survivors.

The World Health Organization estimated the maternal mortality rate in 2017 at 252 deaths per 100,000 live births. According to the 2012 Gabon Demographic and Health Survey, girls and women ages 15 to 19 were among the most affected, representing 34 percent of maternal deaths. The main causes of maternal death were hemorrhages during childbirth, high blood pressure, and infections.

Discrimination: The law does not generally distinguish between the legal status and rights of women and men. The law provides for equal treatment regarding property, nationality, and inheritance. In September the civil and penal codes were changed to promote gender equality and to reduce the impact of violence against women. The following main points were addressed in the law: full equality between women and men in matters of divorce and enabling divorce proceedings through mutual consent, with or without a judge’s intervention; the role of head of the family is to be shared between spouses and both can choose the family residence together; wives no longer need to notify their husbands before opening a bank account or tell them their debit balance; strengthening sociomedical care, with the government committing to take responsibility for the medical and psychological care of female victims of violence (e.g., medical certificates confirming physical abuse are to be free of charge, as 9 percent of women were victims of sexual violence, as reported by a prominent NGO); harsher sanctions for domestic abuses and widows’ spoliation; and heavier penalties for corruption among judicial police officers or agents who attempt to coerce or pressure victims.

There were no reports of the government failing to enforce the law effectively. No specific law requires equal pay for equal work. Women faced considerable societal discrimination, including in obtaining loans and credit and, for married women, opening bank accounts without their husbands’ permission and administering jointly owned assets, especially in rural areas.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

In June 2020 the National Assembly and Senate approved a government bill decriminalizing consensual same-sex sexual conduct between adults. In July 2020 the president signed it into law. There are no specific antidiscrimination or hate crime laws or other criminal justice mechanisms designed to aid in the prosecution of bias-motivated crimes (see also section 6, Women, Reproductive Rights). There were reports from civil society organizations and media of LGBTQI+ persons being targeted for abuse. Such incidents were rarely reported to police, however. Societal discrimination in employment and housing were problems, particularly for openly LGBTQI+ persons.

Gambia

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape without reference to gender and criminalizes domestic violence. The penalty for rape is life imprisonment. The maximum penalty for attempted rape is seven years’ imprisonment. Spousal and intimate partner rape, which are not illegal, was reportedly widespread, although there were no recent studies or reports; police officers generally considered it a domestic matter outside of their jurisdiction. Rape and domestic violence were widespread problems that often went unreported due to survivors’ fear of reprisal, unequal power relationships, stigma, discrimination, and pressure from family and friends not to report abuses. The penalty for domestic violence is two years’ imprisonment, a substantial monetary fine, or both.

The Ministry of Women’s Affairs, Children, and Social Welfare operated a shelter and cooperated with UN agencies and civil society organizations to address sexual- and gender-based violence.

Female Genital Mutilation/Cutting (FGM/C): The law bans FGM/C of girls and women; however, the practice had widespread and deeply rooted popular support. Authorities did not always enforce the law. Survivors and witnesses rarely reported abuses because they were uncomfortable implicating family or community members. According to UNICEF and NGOs, 76 percent of girls and women between ages 15 and 49 had been subjected to FGM/C as of 2020. Authorities made no FGM/C arrests during the year.

NGOs, including The Gambia Committee on Traditional Practices Affecting the Health of Women and Children, Wassu Gambia Kafo, Safe Hands for Girls, and Think Young Women, were at the forefront of combatting FGM/C in the country.

Sexual Harassment: The law prohibits sexual harassment and stipulates a one-year mandatory prison sentence for abuses. Sexual harassment was prevalent but not commonly reported due to discrimination, social stigma, and unwillingness to challenge the offenders. The government did not enforce the law effectively.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Barriers that impeded access to sexual and reproductive health services included cultural taboos, limited formal education with high illiteracy rates, low wages, and poor infrastructure, particularly in more rural areas of the country. Access to both routine and emergency health care was limited due to lack of capacity in all sectors of the health-care field.

The government attempted to provide access to sexual and reproductive health services for survivors of sexual violence, but residents in rural areas had very limited access to basic health care. Emergency contraception was available as part of the clinical management of rape cases, but limited to urban areas, with inconsistent supply at pharmacies and medical centers.

According to the World Health Organization (WHO), the country’s maternal mortality rate in 2020 was 597 per 100,000 live births. The WHO identified hemorrhage, anemia, early pregnancy, and obstructed labor as the main causes of maternal mortality. FGM/C negatively impacted reproductive and maternal morbidity (see the Female Genital Mutilation/Cutting subsection for additional information).

According to UN Population Fund data from 2020, 41 percent of married or in-union girls and women ages 15 to 49 made their own decisions regarding sexual and reproductive health, including decisions regarding their health care, the use of contraception, and whether to have sex. According to UNICEF, a skilled health-care professional attended 88 percent of births in 2020.

Discrimination: The constitution and law provide for equality of all persons, including with regard to race, color, gender, language, religion, political or other opinion, national or social origin, and birth. The law prohibits discrimination in employment, access to credit, owning and managing a business, housing or education. Nevertheless, the law does not provide the same legal status and rights for women regarding adoption, marriage, divorce, burial, and inheritance of property. The government enforced the law effectively.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law criminalizes consensual same-sex sexual conduct between adults by punishing acts “against the order of nature” and acts of “gross indecency.” The law also punishes “aggravated homosexuality.” The government did not actively enforce these laws.

Citing more “pressing” priorities, the president in 2018 dismissed homosexuality as a nonissue in the country.

The law does not address discrimination against lesbian, gay, bisexual, transgender, queer, or intersex (LGBTQI+) persons regarding essential goods and services such as housing, employment, and access to government services, including health care. There was strong societal discrimination against LGBTQI+ persons.

Georgia

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: Rape is illegal if it is committed by use of force, threat of use of force, or with a victim of a “helpless condition,” a legal term generally applied to elderly individuals, persons with mental or physical disabilities, or others deemed unable to resist. Some expressed concern that the definition of rape did not conform to international standards to combat violence against women, and that the lack of a positive consent framework meant that some rapes went uninvestigated or unpunished. A convicted first-time offender may be imprisoned for up to eight years. The government did not enforce the law effectively.

Investigative authorities lacked training on effective procedures on case handling and evidence collection. Survivors were often told to focus on physical violence as proof of sexual violence. GYLA reported sexual violence was prevalent and underreported. In only a small number of reported cases were perpetrators convicted. Prosecutors applied overly burdensome evidence requirements for bringing charges against perpetrators of sexual violence, while overwhelmingly strict requirements for convictions of sexual violence crimes were applied by judges.

The Public Defender’s Office noted in its 2020 report, released in April, serious legislative shortcomings in the regulation of crimes involving sexual violence, as well as in investigation, criminal prosecution, and court hearing of such crimes, falling short of the standards of the Council of Europe Convention on preventing and combating violence against women and domestic violence and international human rights. The office’s analysis showed that in the cases of rape and other sexual violence, courts did not consider the absence of a survivor’s consent an integral part of the definition of crime. Furthermore, the legislation does not consider a broad spectrum of circumstances that may affect the survivor’s will and provides for a disproportionately lenient punishment for a crime committed in certain conditions.

The law criminalizes domestic violence. In cases that do not result in physical injury, penalties for conviction of domestic violence include 80 to 150 hours of community service or imprisonment for up to two years. Domestic and gender-based violence remained a significant problem that the government took several steps to combat. The Ministry of Internal Affairs had a risk assessment tool that enables a police officer to decide whether to issue a restraining order based on a questionnaire available in the restraining order protocol, the data assessment, and risk analysis. In addition, if there was a high risk of recurrence of violence, a system of electronic surveillance allowed the Ministry of Internal Affairs to monitor abusers 24 hours a day. The high rate of domestic violence showed reporting of incidents increased in the country and that police were responding. The 112 Emergency Center also deployed an app that allows survivors of domestic or other violence to communicate via text message with emergency operators, making it easier to report abuse without alerting the perpetrator who may still be nearby. Shortcomings, however, remained. In one example, in 2019 an employee of the Tbilisi City Council accused council member Ilia Jishkariani of sexual assault and beating. The Prosecutor’s Office charged Jishkariani with sexual and other violence; the trial at Tbilisi City Court, which started in 2019, continued as of year’s end.

In June parliament approved legislation on the introduction of witness and survivor advocates that sit within police units. The provisions, which took effect on June 24, allow survivor advocates to support witnesses and survivors during the legal proceedings by establishing effective communication between them and investigators, provide necessary information during the investigation, and offer state services and assist in the application of such services. As of November there were 13 such advocates assigned to major police departments. Previously, these positions existed only at the Prosecution Service.

Despite legislative changes, the Public Defender’s Office reported in its annual report for 2020 that authorities lacked a comprehensive approach to combating domestic violence and violence against women, and there was insufficient coordination among government agencies.

The Public Defender’s Office highlighted a shortage of measures to prevent violence against women and to empower survivors of domestic violence. The office analyzed gender-based killings (femicides) and concluded they demonstrated an absence of mechanisms to prevent violence against women in the country.

The law provides for measures to detect signs of domestic violence in minors by crisis and shelter staff and promotes a prevention-oriented approach. The Public Defender’s Office and women’s rights NGOs emphasized there remained a need for the government to improve coordination between government agencies working on the matter.

NGOs and the government expanded services provided to survivors of domestic violence in recent years. GYLA remained concerned that notwithstanding the COVID-19 pandemic, official statistics on domestic violence and violence against women did not change significantly, which indicated a possible underreporting of domestic violence incidents by victims.

Domestic violence laws mandate the provision of temporary protective measures, including shelter, protective orders, and restraining orders that prohibit an abuser from coming within 330 feet of the survivor and from using common property, such as a residence or vehicle, for up to nine months.

In 2020 authorities began using electronic surveillance bracelets for domestic violence abusers. The use of electronic surveillance is subject to a judicial decision. Police assess the risk of recurrence of violence and, in parallel with issuing the restraining order, are required to submit a report to the court for approval within 24 hours. Both the electronic surveillance period and the validity of a restraining order last for one month and require consent of the survivor.

Local NGOs and the government jointly operated a 24-hour hotline and shelters for abused women and their minor children, although space in the shelters was limited and only five of the country’s 10 regions had facilities.

Other Harmful Traditional Practices: Kidnapping women for marriage occurred in remote areas and in ethnic minority communities but was rare. The Public Defender’s Office reported some cases of kidnapping for forced marriage and early marriage in its 2020 report.

Sexual Harassment: Sexual harassment is illegal under the code of administrative offenses but is not criminalized; it remained a problem in the workplace. By law sexual harassment is considered a form of discrimination and is defined as an unwanted physical, verbal, or nonverbal action of a sexual nature that aims to degrade or results in the degradation of a person or creation of a hostile environment for that person. Based on laws on sexual harassment, the public defender analyzes the case and provides recommendations on the case to authorized persons at the institution where the violation took place. During the year the Ministry of Foreign Affairs, Ministry of Regional Development and Infrastructure, Civil Service Bureau, State Inspector’s Service, and an office in the Ministry of Education, Science, Culture and Sport developed internal regulatory frameworks for responding to workplace sexual harassment incidents, according to UN Women.

Under the code of administrative offenses, sexual harassment victims may file complaints with police. If found guilty, a person can be punished with a token monetary fine; repeated violations result in an increased fine or correctional work for up to one month. Repeated violations in the case of a minor, a pregnant woman, a person unable to resist due to physical or mental helplessness, a person with a disability, or in the presence of a minor with prior knowledge leads to a more substantial fine. Through October the Public Defender’s Office examined four cases of alleged sexual harassment and identified violations in two instances. Others were pending.

The public defender considered especially problematic a selective approach applied by authorities to instances of violence against women and domestic violence involving influential persons as abusers. In such cases authorities often delayed their response, leaving the impression that preference was given to the abuser’s, rather than the victim’s, interests. Victims often had to go public to prompt action by relevant authorities.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Authorities regulated the use of surrogacy services. A Ministry of Justice decree regulating civil acts restricts the right to surrogacy to heterosexual couples who have been married or living together for more than one year. Women and LGBTQI+ rights organizations considered the restriction an infringement on the ability of single women and LGBTQI+ persons to have a child.

The UN Fund for Population Activities (UNFPA) reported that women from minority communities, women from rural areas, and poor women faced barriers in accessing information related to their reproductive health and financial barriers limited access to customized contraceptive options for many women.

According to the Public Defender’s Office, limited access to information about contraceptives remained a problem for girls and women of childbearing age. The office stated human sexuality education was not fully integrated into school curriculums. Programs in schools failed to provide information to teenagers on safer sex. The lack of comprehensive education prevented girls from understanding the risks associated with early marriage and protecting themselves from early pregnancy.

The Public Defender’s Office stated in its 2020 annual report that “women’s sexual and reproductive health and rights, full integration of family planning services and contraceptives into primary care, as well as integration of comprehensive education on human sexuality into the formal education system remain challenging.” Women in rural areas, especially remote mountain villages, lacked regular access to family planning services and clinics. Women often had to travel to larger towns for these services, causing additional financial burden.

While women have the ability to access skilled personal medical attention during pregnancy and childbirth, the use of maternal health services decreased during the year due to the COVID-19 pandemic and associated movement restrictions. The Public Defender’s Office reported a lack of the postpartum care needed for the prevention of maternal mortality and for maintaining women’s mental and physical well-being. Maternal health services were somewhat limited for women who did not speak Georgian.

The Agency for Social Care, under the Ministry of Internally Displaced Persons from the Occupied Territories, Labor, Health and Social Affairs, provided medical, psychological, legal, and additional assistance to survivors of sexual violence.

The UNFPA reported that the state funded services for survivors of sexual violence based on a decree that stipulates the state must fund certain services, including, but not limited to, emergency contraceptives and postexposure prophylaxis. Regulations, however, require survivors of sexual assault, who may hesitate to come forward, to notify police to receive these services. Victims of trafficking in persons and domestic violence do not need to cooperate with police to receive services.

Discrimination: The law provides for the same legal status and rights for women and men, including under family, religious, personal status and nationality laws, as well as laws related to labor, property, inheritance, employment, access to credit, and owning or managing business or property.

Civil society organizations continued to report discrimination against women in the workplace. The Public Defender’s Office monitored gender equality complaints, in particular those involving domestic violence and workplace harassment, and stated that gender equality remained a problem. The office considered the small number of government projects, programs, and initiatives designed to empower women to be inadequate to achieve gender equality.

Acts of Violence, Criminalization, and Other Abuses based on Sexual Orientation and Gender Identity

The law makes acting on the basis of prejudice because of a person’s sexual orientation or gender identity an aggravating factor for all crimes. According to NGOs, however, the government rarely enforced the law. The Human Rights Department of the Ministry of Internal Affairs trained officers on hate crimes.

The Public Defender’s Office reported LGBTQI+ individuals continued to experience systemic violence, oppression, abuse, intolerance, and discrimination. LGBTQI+ rights organizations reported several instances of violence against LGBTQI+ individuals during the year. Authorities opened investigations into several of the cases. According to the Prosecutor General’s Office, in the first nine months of the year criminal prosecutions were initiated against 64 persons on the basis of intolerance on the grounds of sexual orientation and gender identity. The office reported that violence against LGBTQI+ individuals, whether in the family or in public spaces, was a serious problem and that the government’s actions were insufficient to respond to this challenge.

LGBTQI+ organizations, NGOs, and the Public Defender’s Office reported the government’s ineffective antidiscrimination policy reduced the LGBTQI+ community’s trust in state institutions, and they pointed to homophobic statements by politicians and public officials as furthering hatred and intolerance against the community. For example on July 5, regarding the planned Tbilisi Pride march, Prime Minister Garibashvili stated “the march scheduled today carries risks of civic confrontation because the march is unacceptable by the vast majority of the country’s population. That is why I believe that the conduct of the march on Rustaveli Avenue is not reasonable.” He added separately, “The opposition headed by Saakashvili is behind the pride march, which is aimed at provoking civil confrontation and turmoil.”

During the year there was a rise in attacks against LGBTQI+ persons and those perceived to be associated with the LGBTQI+ community, most notably against transgender women. Violent protests and riots during Tbilisi Pride culminated in homophobic and anti-Western riots on July 5 (see section 2.b., Freedom of Peaceful Assembly and Association). Individual attacks were also on the rise. For example on April 30, a 17-year-old transgender girl was attacked by two unknown suspects who beat her, smashed her cell phone, and used transphobic rhetoric. On May 1, two individuals were charged for this crime and were released by the court on relatively low bail given the nature of the violent crime. On June 7, the case was referred for trial to the Tbilisi City Court; as of year’s end, the trial continued.

On October 31, a man entered a massage parlor in Tbilisi and attacked two transgender women with a knife, killing one and wounding another. The suspect was arrested and faced a charge of premeditated murder. The Prosecutor General’s Office said the suspect “wanted to kill transgender people on the grounds of intolerance of gender identity.” As of year’s end, the case was still pending.

On April 20, a man attacked a lesbian couple in front of their child outside their home in Tbilisi. The attacker, a neighbor, insulted them and demanded they move out of the building. The attacker then spat on them, continued with homophobic insults, and threatened the couple with a knife. Police arrested the man, who was released on bail on April 23 and was allowed to return to their shared apartment building. LGBTQI+ activists cited the case as an example of the government not taking LGBTQI+ hate crimes seriously. In June the case was referred for trial to Tbilisi City Court; as of year’s end, the trial continued.

The Public Defender’s Office received 10 complaints of discrimination based on sexual orientation and seven cases based on gender identity. Of these cases, 16 were being investigated by the Internal Affairs Ministry. In one of the cases, the claimant alleged refusal of service based on homophobic motives. On July 6, a private company refused to prepare a seal for the organization, The Network of a European Person’s Rights. The claimant also said that an employee of the company, who was preparing the mold of the seal, used degrading and insulting language towards the LGBTQI+ community. When the claimant told the employee the name of the organization, the latter started insulting the Tbilisi Pride event, praising Levan Vasadze – a businessman and far-right political leader – and speaking about the July 5 violence. The Public Defender’s Office was reviewing the case.

In a high profile case, in 2019 the Ministry of Internal Affairs charged one person for making death threats based on sexual orientation after he threatened an individual who made public statements against homophobia on May 17, the International Day against Homophobia, Biphobia, and Transphobia. In July the case was referred for trial to Batumi City Court. As of December the trial had not commenced.

The law requires gender confirmation surgery for legal gender-identity change and does not provide options for transgender individuals who do not wish to undergo confirmation surgery to change their gender identity.

Germany

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape, including spousal rape, of men and women, and provides penalties of up to 15 years in prison. Without a court order, officials may temporarily deny access to their household to those accused of abuse, or they may impose a restraining order. In severe cases of rape and domestic violence, authorities can prosecute individuals for assault or rape and require them to pay damages. Penalties depend on the nature of the case. The government enforced the laws effectively.

The federal government, the states, and NGOs supported numerous projects to prevent and respond to cases of gender-based violence, including providing survivors with greater access to medical care and legal assistance. Approximately 350 women’s shelters operated throughout the country.

The NGO Central Information Agency of Autonomous Women’s Shelters (ZIF) reported accessibility problems, especially in bigger cities, because women who found refuge in a shelter tended to stay there longer due to a lack of available and affordable housing. ZIF also stated refugee women were particularly at risk, since they were required to maintain residence in a single district for three years and many resided in districts in which there were no women’s shelters.

The women’s shelter association Frauenhauskoordinierung e.V. complained that federal vaccination regulations did not prioritize residents and staff of women’s shelters for COVID-19 vaccination, in contrast to homeless shelters, refugee housing, and other group housing settings, threatening the homes’ ability to provide shelter in the event of an outbreak. Multiple NGOs expressed concern the COVID-19 lockdown constrained opportunities for women to escape violent domestic situations. ZIF called for additional government funding to place women and children in hotels if quarantine rendered its shelters inaccessible.

Female Genital Mutilation/Cutting (FGM/C): FGM/C of women and girls is a criminal offense punishable by one to 15 years in prison, even if performed abroad. Authorities can revoke the passports of individuals they suspect are traveling abroad to subject a girl or woman to FGM/C; however, authorities have not taken this step since the law took effect in 2017. During the year there were no reports FGM/C was performed in the country. A working group under the leadership of the Federal Ministry for Family Affairs, Senior Citizens, Women, and Youth collaborated with other federal government bodies and all 16 states to combat FGM/C.

In July the Federal Ministry for Women and Families published a “protection letter” for girls at risk of FGM/C, warning of the high criminal penalties for FGM/C in the country. The letter was intended to be carried when travelling abroad and shown to relatives or others who tried to subject girls to FGM/C.

Other Harmful Traditional Practices: The law criminalizes “honor killings” as murder and the government enforced the law effectively. During the year there were some reports of such killings in the country; for example, in December, Berlin prosecutors charged two men of Afghan descent with murdering their sister age 34 in July because she had divorced her abusive husband and begun a new relationship. No trial date had been set at year’s end. Although authorities estimated the number of such killings fluctuated between approximately three and 12 during any year, some observers questioned how many of these were “honor killings,” which media tended to attribute to immigrant communities, and how many were other manifestations of domestic violence.

Sexual Harassment: Sexual harassment of women was a recognized problem and prohibited by law. Penalties include fines and prison sentences of up to five years. Various disciplinary measures against harassment in the workplace are available, including dismissal of the perpetrator. The law requires employers to protect employees from sexual harassment. The law considers an employer’s failure to take measures to protect employees from sexual harassment to be a breach of contract, and an affected employee has the right to paid leave until the employer rectifies the problem. Unions, churches, government agencies, and NGOs operated a variety of support programs for women who experienced sexual harassment and sponsored seminars and training to prevent it.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

There are no legal, social, or cultural barriers, nor government policies, that adversely affect access to contraception nor to attendance of skilled health personnel during pregnancy and childbirth. The government provided access to sexual and reproductive health services for sexual violence survivors, including emergency contraception.

Discrimination: Men and women enjoy the same legal status and rights under the constitution, including under family, labor, religious, personal status, property, nationality, and inheritance laws. The government generally enforced the law effectively.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) activists and community members complained of violent attacks and a growing atmosphere of hostility towards LGBTQI+ persons across the country, often directed at transgender individuals. Official crime statistics recorded 782 hate crimes against LGBTQI+ persons nationwide, 154 of which were violent and 144 of which involved battery. Community activists suspected true figures were much higher and counted three anti-LGBTQI+ killings in the country in 2020. The Berlin NGO Maneo identified 510 hostile incidents in Berlin alone in 2020, 119 of which involved battery or attempted battery.

On March 16, Frankfurt prosecutors charged with aggravated battery three individuals aged 16, 17, and 18 who had attacked a LGBTQI+ individual, age 20, in Frankfurt in November 2020 after he had spoken in a YouTube video regarding queer topics and hostility toward the LGBTQI+ community. They were expected to be tried in juvenile court.

On March 20, an unknown man attacked a trans woman in Frankfurt with verbal insults and several punches to her face, resulting in light injuries and hospitalization. Following the attack, trans rights activist Julia Monro praised the communications practices of Frankfurt police, especially for having explicitly named transphobia as the motive for the attack.

On May 21, the Dresden Higher Regional Court sentenced a Syrian refugee, age 20, and known Islamist to life imprisonment followed by a conditional security detention for attacking a gay couple in Dresden with a knife in October 2020, fatally injuring one of them. The state Ministry of the Interior and Federal Prosecutor’s Office in Saxony rejected a homophobic motive, focusing instead on the crime’s radical Islamist background. LGBTQI+ advocacy groups decried this as “unacceptable” and “disturbing.”

On June 24, the day of Berlin’s pride march, a group of unknown persons attacked a march participant from behind before punching him in the face; he required medical treatment for his injuries. Earlier that same evening, a group of persons punched and kicked three other marchers in a Berlin park while shouting anti-LGBTQI+ insults; all three were injured. Police arrested three suspects. The previous afternoon a man aged 18 assaulted a gay couple in the subway and the city’s plaque commemorating the gay liberation movement had been vandalized.

The law prohibits discrimination based on sexual orientation and gender identity. Under the law offering, advertising, or arranging treatments to convert homosexual or transgender minors by means of “conversion therapy” is a crime punishable by up to a year in prison. Penalties are also possible if persons of legal age have been coerced to undergo such “therapy.”

LGBTQI+ activists criticized the law’s requirement that transgender persons obtain two assessments by independent experts to receive legal gender recognition (including a legal name change), as expensive, time consuming, subjective, and intrusive.

In July the Cologne District Court fined a Polish theology professor and priest for inciting hatred by calling homosexuals in the Roman Catholic church a “cancer” and “colony of parasites,” in a January church periodical article. The publication was also fined; both defendants appealed the decision.

A professor previously convicted of defamation of LGBTQI+ persons won his appeal on March 2. In August 2020 a Kassel district court had found Kassel University biology professor Ulrich Kutschera guilty of defamation and fined him. In a 2017 interview, Kutschera had alleged that sexual abuse of children was likelier to occur among same-sex parents and called same-sex couples “asexual erotic duos without reproduction potential.” Kutschera appealed his conviction to the Kassel State Court, which overturned the lower court’s decision, ruling that his statements were covered by constitutional free speech protections.

Ghana

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape of women but not spousal rape. Sexual assault on a man may be charged as indecent assault. Prison sentences for rape range from five to 25 years, while indecent assault is a misdemeanor subject to a minimum term of imprisonment of six months. Domestic violence is punishable by a fine or a sentence of up to two years imprisonment. Rape and domestic violence remained serious problems. Authorities did not enforce the law effectively.

In July the Koforidua Circuit Court B sentenced a man to a nine-year, five-month term of incarceration for throwing acid on his girlfriend and her mother. The survivors sustained serious injuries that required hospitalization.

In August police in the Central Region arrested 14 men in connection with the alleged shooting and rape of a girl, age 13, who required hospitalization.

The Domestic Violence and Victim Support Unit (DOVVSU) of the Ghana Police Service worked closely with the Department of Social Welfare, the Domestic Violence Secretariat, CHRAJ, the Legal Aid Commission, the Ark Foundation, UNICEF, the UN Population Fund, the national chapter of the International Federation of Women Lawyers, and several other human rights NGOs to address rape and domestic violence.

In 2020 there were two government-run shelters for survivors of domestic violence, the Madina Social Welfare Center and the Center for Abused Children. On June 21, DOVVSU established a third shelter, the national One-Stop Center colocated with the Criminal Investigations Department of the Ghana Police Service. This new facility hosted ancillary agencies of the DOVVSU-Legal Aid office, a shelter for survivors of domestic violence, a social welfare unit, a holding cell for suspects, an interviewing room for minors, and two courts with seconded judges and prosecutors for domestic violence cases.

DOVVSU continued to teach a course on domestic violence case management for police officers assigned to the unit. It had one clinical psychologist to assist domestic violence survivors. DOVVSU tried to reach the public through various social media accounts. DOVVSU also addressed rape through public education efforts on radio and in communities, participation in efforts to prevent child marriage and gender-based violence, expansion of its online data management system to select police divisional headquarters, and data management training.

Pervasive cultural beliefs in gender roles, as well as sociocultural norms and stereotypes, posed additional challenges to combatting domestic violence. For example, media reported in 2020 that the central regional coordinator for DOVVSU stated that “denying your spouse sex amounted to emotional abuse” and suggested that men whose wives denied them sex could report them to the DOVVSU.

Unless specifically called upon by the DOVVSU, police seldom intervened in cases of domestic violence, in part due to a lack of counseling skills and shelter facilities to assist survivors. Few of the cases in which police identified and arrested suspects for rape or domestic abuse reached court or resulted in convictions due to witness unavailability, inadequate training on investigatory techniques, police prosecutor case mismanagement, and, according to the DOVVSU, lack of resources on the part of survivors and their families to pursue cases. Police could refer survivors to government or NGO-operated shelters. In cases deemed less severe, survivors were returned to their homes. Authorities reported officers occasiona