Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape, domestic violence, and other forms of violence, such as incest and sexual aggression. The sentences for conviction of rape range from 10 to 15 years in prison and a fine of 100,000 to 200,000 pesos ($2,000 to $4,000).
Rape was a serious and pervasive problem. Despite government efforts, violence against women was pervasive. The Attorney General’s Office oversees the specialized 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 in cases in which 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. In November 2017 the attorney general announced a new national plan to combat violence against women and funding for a “City of Women” to provide comprehensive services for victims. During the year the government relaunched its 24-hour domestic violence hotline, launched a national publicity campaign against domestic violence, opened five new victims assistance units (of a planned 14 new units), hired 200 new specialized staff to serve in the units, and signed an agreement with National University Pedro Henriquez Urena for a degree program for prosecutors and inspectors specializing in gender violence and in intrafamily and sex crimes. In September the attorney general also launched a “100-day challenge,” for which his office opened 1,986 new domestic violence cases, nine times the number in the 100 days before the challenge. The attorney general declared his office resolved 215 cases during the challenge.
The Ministry of Women actively promoted equality and the prevention of violence against women through implementing education and awareness programs and the provision of training to other ministries and offices. It also operated shelters and provided counseling services, although NGOs argued these efforts were inadequate.
Sexual Harassment: Sexual harassment in the workplace is a misdemeanor, and conviction carries a sentence of one year in prison and a fine equal to the sum of three to six months of salary. Union leaders reported the law was not enforced and sexual harassment remained a problem.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.
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 (see also section 2.d.).
Birth Registration: Citizenship comes with birth in the country, except to children born to diplomats, to those who are “in transit,” or to parents who are illegally in the country (see section 2.d.). A child born abroad to a Dominican mother or father may also acquire citizenship. A child not registered at birth remains undocumented until parents file a late declaration of birth.
Education: The constitution stipulates free, compulsory public education through age 18; however, education was not universal through the secondary level for undocumented students. Public schools enrolled children who lacked identity documentation and promoted undocumented children between grades, although an identity document was necessary for the Ministry of Education to issue a high-school diploma. The Ministry of Education and the Vice President’s Office, through the Progressing with Solidarity program, worked with families to assist children with late registration of birth and identity documentation.
Child Abuse: Abuse of children, including physical, sexual, and psychological abuse, was a serious problem. The law contains provisions concerning child abuse, including physical and emotional mistreatment, sexual exploitation, and child labor. The law provides for sentences of two to five years’ incarceration and a fine of three to five times the monthly minimum wage for persons convicted of abuse of a minor. For additional information, see Appendix C.
Early and Forced Marriage: The legal minimum age for marriage with parental consent is 16 for boys and 15 for girls. Marriage, particularly of women, before age 18 was common. According to a 2014 UNICEF-supported government survey, 10 percent of girls were married by age 15 and 37 percent by age 18. The government conducted no known prevention or mitigation programs. Girls often married much older men. Child marriage occurred more frequently among girls who were uneducated, poor, and living in rural areas.
Sexual Exploitation of Children: The law defines statutory rape as sexual relations with anyone younger than age 18. Penalties for conviction of statutory rape are 10 to 20 years in prison and a fine of 100,000 to 200,000 pesos ($2,000 to $4,000).
The commercial sexual exploitation of children generally occurred in tourist locations and major urban areas. The government conducted programs to combat the sexual exploitation of minors.
Displaced Children: Large populations of children, primarily Haitians or Dominicans of Haitian descent, lived on the streets and were vulnerable to trafficking (see section 2.d.).
See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
International Child Abductions: The country is a party to the 1980 Hague Convention on International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at /travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.
The Jewish community comprised approximately 350 persons. There were no reports of anti-Semitic acts.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
Persons with Disabilities
Although the law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities, these individuals encountered discrimination in employment, education, the judicial system, and in obtaining health care and transportation services. The law provides for access to basic services and physical access for persons with disabilities to all new public and private buildings. It also specifies that each ministry should collaborate with the National Disability Council to implement these provisions. Authorities worked to enforce these provisions, but a gap in implementation persisted. Very few public buildings were fully accessible.
The Dominican Association for Rehabilitation received support from the Secretariat of Public Health and from the Office of the Presidency to provide rehabilitation assistance to persons with physical and learning disabilities as well as to operate schools for children with physical and mental disabilities. Lack of accessible public transportation was a major impediment.
The law states the government should provide for persons with disabilities to have access to the labor market as well as to cultural, recreational, and religious activities, but it was not consistently enforced. There were three government centers for care of children with disabilities–in Santo Domingo, Santiago de los Caballeros, and San Juan de la Maguana. In 2016 the Ministry of Education reported that 80 percent of registered students with disabilities attended school, but this had not been independently verified.
There was evidence of racial prejudice and discrimination against persons of dark complexion, but the government denied such prejudice or discrimination existed and, consequently, did little to address the problem. Civil society and international organizations reported that officials denied health care and documentation services to persons of Haitian descent.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
The constitution upholds the principles of nondiscrimination and equality before the law, but it does not specifically include sexual orientation or gender identity as protected categories. It does prohibit, however, 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 LGBTI persons to access education, employment, health care, and other services.
NGOs reported police abuse, including arbitrary arrest, police violence, and extortion, against LGBTI persons. According to civil society organizations, authorities failed to properly document or investigate the incidents that were reported. According to a report presented by civil society before the UN Human Rights Committee, the law does not provide for the prosecution of hate crimes against LGBTI individuals based on their sexual orientation or gender identity.
NGOs reported widespread discrimination against LGBTI persons, particularly transgender individuals and lesbians, in such areas as health care, education, justice, and employment. LGBTI individuals often faced intimidation and harassment.
HIV and AIDS Social Stigma
Although the law prohibits the use of HIV testing to screen employees, Human Rights Watch, Amnesty International, and the International Labor Organization (ILO) reported that workers in various industries faced obligatory HIV testing. Workers were sometimes tested without their knowledge or consent. Many workers found to have the disease were not hired, and those employed were either fired from their jobs or denied adequate health care.
Other Societal Violence or Discrimination
On a number of occasions, citizens attacked and sometimes killed alleged criminals in vigilante-style reprisals for theft, robbery, or burglary.