Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
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 FGR 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. In 2018 the Salvadoran Organization of Women for Peace (ORMUSA) reported that in 2016 and 2017, only 5 percent of the 6,326 reported crimes against women went to trial.
On January 31, the Specialized Court of Instruction for a Life Free of Violence and Discrimination against Women found the boyfriend of a journalist from the newspaper La Prensa Grafica guilty of femicide for her death and imposed the maximum prison sentence of 50 years. The National Coordinator of Femicides from the FGR stated the ruling sent a message that “in this country it will not be allowed to continue killing women because of their condition of being a woman.”
On April 3, ORMUSA reported a 70 percent increase in domestic violence cases during the nationwide stay-at-home order. According to the IDHUCA Human Rights Observatory Report, the FGR registered 158 cases of domestic violence between March 21 and May 13.
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.
According to the 2019 Survey of Households and Multiple Purposes of the General Directorate of Statistics and Censuses, at least 889 women left their workplace due to sexual harassment from supervisors and coworkers, compared with approximately 1,340 cases in 2018.
Reproductive Rights: Couples and individuals generally have the right to decide the number, spacing, and timing of their children, and had access to the information and means to do so. Access to reproductive health services outside of the capital city was limited.
The law completely bans abortions. Civil society advocates expressed concern that the ban has led to the wrongful incarceration of women who suffered severe pregnancy complications, including miscarriages.
On September 20, the First Court of Penitentiary Surveillance approved the request for early parole for Cindy Erazo, who spent six years in prison for conviction in 2015 of aggravated homicide based on giving birth to a stillborn baby in 2014. Erazo was sentenced to 30 years in prison, but a successful appeal in 2016 reduced her sentence to 10 years. At the end of the year, 18 women remained in prison for similar crimes.
In 2016 the Institute for Women’s Development implemented the National Care System 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.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: The constitution grants women and men the same legal rights, but women did not receive equal pay or employment opportunities. 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.
In July a female legislator filed a complaint with the FGR against the president of the Legislative Assembly, Mario Ponce, and ARENA legislator Mauricio Vargas for gender discrimination in the workplace and psychological and public harassment. The 11th Peace Court declared the lawsuit inadmissible because both Ponce and Vargas had legislative immunity.
Birth Registration: Children derive citizenship by birth within the country and from their parents. The law requires parents to register a child within 15 days of birth or pay a small fine. Failure to register may result in denial of school enrollment.
Child Abuse: Child abuse remained a serious and widespread problem. The law gives children the right to petition the government without parental consent. Penalties for conviction of breaking the law include losing custody of the child and three to 26 years’ imprisonment, depending on the nature of the abuse.
On February 29, the FGR arrested a teacher in Santiago de Maria, Usulutan Department, for sexual aggression against a 10-year-old girl.
On June 2, the Criminal Chamber of the Supreme Court overturned the November 2019 lower court decision that had eliminated criminal charges against Judge Eduardo Jaime Escalante Diaz for sexually touching a 10-year-old girl. The court ordered the trial court to proceed with a criminal trial for sexual assault.
Child, Early, and Forced Marriage: The legal minimum age for marriage is 18. The law bans child marriage to prevent child abusers from avoiding imprisonment by marrying their underage victims. The law allows for marriage of a minor in cases of pregnancy.
Sexual Exploitation of Children: Child sex trafficking is prohibited by law. Prison sentences for convicted traffickers stipulate imprisonment from 16 to 20 years.
The minimum age for consensual sex is 18. The law classifies statutory rape as sexual relations with anyone younger than age 18 and includes penalties for conviction of four to 13 years’ imprisonment.
The law prohibits paying anyone younger than age 18 for sexual services. The law prohibits participating in, facilitating, or purchasing materials containing child pornography and provides for prison sentences of up to 16 years for conviction of violations. Despite these provisions, sexual exploitation of children remained a problem.
International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.
The Jewish community totaled approximately 150 persons. There were no reports of anti-Semitic acts.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
Persons with Disabilities
The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The National Council for Comprehensive Attention to Persons with Disability (CONAIPD), composed of representatives from multiple government entities, is the governmental agency responsible for protecting disability rights, but it lacks enforcement power. According to a CONAIPD representative, the government did not effectively enforce legal requirements for access to buildings, information, and communications for persons with disabilities. Few access ramps or provisions for the mobility of persons with disabilities existed.
CONAIPD stated there was no mechanism to verify compliance with the law requiring businesses and nongovernment agencies to hire one person with disabilities for every 25 hires. CONAIPD reported employers frequently fired persons who acquired disabilities and would not consider persons with disabilities for work for which they qualified. Further, some academic institutions would not accept children with disabilities.
No formal system existed for filing a discrimination complaint involving a disability with the government.
On March 6, the newspaper El Diario de Hoy reported that the FGR charged two PNC officers with the crime of torture based on a video showing the two officers beating a person with disabilities. Although the video was filmed in 2017, it was widely circulated on social media on March 4, and President Bukele and the PNC director immediately denounced the violent act through Twitter.
Indigenous communities reported they faced racial discrimination and economic disadvantage. According to community leaders, gangs pushed out of urban centers by police mounted incursions into and appropriated indigenous land. Indigenous persons also reported gang members threatened indigenous children for crossing gang territorial lines artificially drawn across ancestral indigenous land, forcing some children to drop out of school or leave home.
According to the 2007 census (the most recent), there were 60 indigenous groups, making up 0.4 percent of citizens, mainly from the Nahua-Pipl, Lencas, Cacaopera (Kakwira), and Maya Chorti groups. The constitution recognizes the rights of indigenous peoples to maintain their cultural and ethnic identity. The law, however, does not include the right to be consulted regarding development and other projects envisioned on indigenous land, nor does it provide indigenous peoples the right to share in revenue from exploitation of natural resources on historically indigenous lands. The government did not demarcate any lands as belonging to indigenous communities. Because few indigenous persons possessed title to land, opportunities for bank loans and other forms of credit remained limited.
The law provides for the preservation of languages and archeological sites. The municipalities of Cacaopera and Yucuaiquin, in the eastern part of the country, have special laws to recognize their indigenous cultural heritage.
On July 28, the First Sentencing Court of San Salvador found three PNC officers guilty of the aggravated homicide in January 2019 of Camila Diaz Cordova, a transgender woman, and sentenced each officer to 20 years in prison. These were reportedly the first convictions for the homicide of a transgender person. While the Prosecutor’s Office initially accused the officers of committing a “hate crime,” the Fifth Peace Court decided on March 11 that there was insufficient evidence to establish a hate crime had occurred.
Lesbian, gay, bisexual, transgender, and intersex (LGBTI) activists reported to the FGR 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 LGBTI persons. Persons from the LGBTI community stated the PNC and the FGR harassed transgender and gay individuals who reported cases of violence against LGBTI persons, including by conducting unnecessary and invasive strip searches.
The Bukele administration eliminated five presidential secretariats created under the previous administration, including the Secretariat of Inclusion. The Secretariat of Inclusion focused on issues affecting the LGBTI community and supported LGBTI persons through a telephone line. The Ministry of Cultural Affairs assumed some of the functions of the Secretariat of Inclusion, but the telephone line for support to LGBTI persons was deactivated and replaced by information on pregnancy and childcare support.
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.
Supreme Electoral Tribunal guidelines from 2017 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 presidential elections because their name and photograph on their national identification document did not match their expression of gender identity.
Although the law prohibits discrimination on the basis of HIV/AIDS status, Entre Amigos, an LGBTI NGO, reported HIV-related discrimination was widespread. As of August 31, the PDDH reported one alleged case of discrimination against persons with HIV or AIDS that purportedly took place at a public health workers union in La Union Department.
Section 7. Worker Rights
The law provides for the right of most workers to form and join independent unions, to strike, and to bargain collectively, but violations were reported to the Ministry of Labor. The law also prohibits antiunion discrimination although it does not require reinstatement of workers fired for union activity. Military personnel, national police, judges, and high-level public officers may not form or join unions. The labor code does not cover public-sector workers and municipal workers, whose wages and terms of employment are regulated by the 1961 civil service law. Only citizens may serve on unions’ executive committees. The labor code also bars individuals from holding membership in more than one trade union.
Unions must meet complex requirements to register, including having a minimum membership of 35 individuals. If the Ministry of Labor denies registration, the law prohibits any attempt to organize for up to six months following the denial. Collective bargaining is obligatory only if the union represents the majority of workers.
The law contains cumbersome and complex procedures for conducting a legal strike. The law does not recognize the right to strike for public and municipal employees or for workers in essential services. The law does not specify which services meet this definition, and courts therefore apply this provision on a case-by-case basis. The law requires that 30 percent of all workers in an enterprise must support a strike for it to be legal and that 51 percent must support the strike before all workers are bound by the decision to strike. Unions may strike only to obtain or modify a collective bargaining agreement or to protect the common professional interests of the workers. Unions must engage in negotiation, mediation, and arbitration processes before striking, although many unions often skipped or expedited these steps. The law prohibits workers from appealing a government decision declaring a strike illegal.
In lieu of requiring employers to reinstate illegally dismissed workers, the law requires employers to pay those workers the equivalent of 30 days of their basic salary for each year of service. The law specifies 30 reasons for which an employer may terminate a worker’s contract without triggering any additional responsibilities, including consistent negligence, leaking private company information, or committing immoral acts while on duty. An employer may legally suspend workers, including due to an economic downturn or market conditions.
The government did not effectively enforce the laws on freedom of association and the right to collective bargaining, and penalties were not commensurate with those for other laws involving denials of civil rights, such as discrimination. Judicial procedures were subject to lengthy delays and appeals. According to union representatives, the government inconsistently enforced labor rights for a wide range of workers. Unions reported that their members frequently faced violence or threats of violence and that viable legal recourse against such violence was unavailable. Gang activity made it difficult for workers, who continued to be harassed and exposed to violence, to exercise their union activities freely.
Unions functioned independently from the government and political parties, although many generally were aligned with the traditional political parties of ARENA and the Farabundo Marti National Liberation Front. The elected leadership of the Social Security Institute Workers Union alleged that a group of dissident members aligned with the government seized control of the union in 2019 and gained government recognition by a manner contrary to the union’s by-laws. Workers at times engaged in strikes regardless of whether the strikes met legal requirements.
The law prohibits all forms of forced or compulsory labor. The government generally did not effectively enforce such laws. Penalties were not commensurate with those for other analogous serious crimes, such as kidnapping. The Ministry of Labor did not report on forced labor. Children and adults were exposed to forced begging, domestic work, agricultural labor, construction, and street work. Adults from neighboring countries were forced to work in construction, domestic work, and other informal sector jobs, sometimes under threat of physical violence. Gangs subjected children to forced labor in illicit activities, including selling or transporting drugs and committing homicides (see section 7.c.).
Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
c. Prohibition of Child Labor and Minimum Age for Employment
The law prohibits the employment of children younger than age 14 but does not prohibit all of the worst forms of child labor. The law allows children between ages 14 and 18 to engage in light work if it does not damage the child’s health or development or interfere with compulsory education. The law prohibits children younger than 16 from working more than six hours per day and 34 hours per week; those younger than 18 are prohibited from working at night or in hazardous occupations. The Ministry of Labor maintained a list of types of hazardous work, which included repairing heavy machinery, mining, handling weapons, fishing and harvesting mollusks, and working at heights above five feet while doing construction, erecting antennas, or working on billboards. Children age 16 and older may engage in light work on coffee and sugar plantations and in the fishing industry if it does not harm their health or interfere with their education.
The Ministry of Labor is responsible for enforcing child labor laws but did not effectively enforce the law. Penalties were not commensurate with those for other analogous serious crimes, such as kidnapping. Labor inspectors focused almost exclusively on the formal sector. According to the ministry, from January through August, officials conducted 220 child labor inspections in the formal sector and found no minors working. By comparison, in 2017, according to the ministry, there were 140,700 children and adolescents working, of whom 91,257 were employed in “dangerous work” in the informal sector. No information on any investigations or prosecutions by the government was available. The ministry did not effectively enforce child labor laws in the informal sector, which represented almost 75 percent of the economy.
There were reports of children younger than age 16 engaging in the worst forms of child labor, including in coffee cultivation, fishing, shellfish collection, and fireworks production. Children were subjected to other worst forms of child labor, including commercial sexual exploitation (see section 6, Children) and recruitment into illegal gangs to perform illicit activities in the arms and narcotics trades, including committing homicide. Children were engaged in child labor, including domestic work, the production of cereal grains and baked goods, cattle raising, and sales. Orphans and children from poor families frequently worked as street vendors and general laborers in small businesses despite the presence of law enforcement officials.
Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings .
The constitution, labor laws, and state regulations prohibit discrimination on the basis of race, color, sex, religion, political opinion, national origin (except in cases determined to protect local workers), social origin, gender, disability, language, or HIV-positive status. The government did not effectively enforce those laws and regulations, and penalties were not commensurate to laws related to civil rights, such as election interference. Sexual orientation and gender identity are not protected in the constitution or labor law, although the PDDH and the Ministry of Labor actively sought to protect workers against discrimination on those grounds.
Discrimination in employment and occupation occurred with respect to gender, disability, and sexual orientation or gender identity (see sections 6 and 7.e.). According to the Ministry of Labor, migrant workers have the same rights as citizens, but the ministry did not effectively protect their rights.
As of May the Ministry of Labor had not received complaints of disability discrimination but had received six complaints of gender-based discrimination. The law, reformed in 2018, prohibits the dismissal of women returning from maternity leave for up to six months.
The government sets the minimum wage, which varies by sector. All of the wage rates were above poverty income levels. The government enforced the minimum wage law more effectively in the formal sector than in the informal sector.
The law sets a maximum normal workweek of 44 hours–limited to no more than six days and to no more than eight hours per day–but allows overtime, which is to be paid at a rate of double the usual hourly wage. The law mandates that full-time employees receive pay for an eight-hour day of rest in addition to the 44-hour normal workweek. The law provides that employers must pay double time for work on designated annual holidays, a Christmas bonus based on the time of service of the employee, and 15 days of paid annual leave. The law prohibits compulsory overtime for all workers other than domestic employees, such as maids and gardeners, who are obligated to work on holidays if their employer makes this request. In such cases they are entitled to double pay. The government did not adequately enforce these laws, and penalties were not commensurate with those for similar crimes, such as fraud.
The Ministry of Labor is responsible for setting and enforcing occupational safety and health (OSH) standards, and the law establishes a tripartite committee to review these. The law requires employers to take steps to meet OSH requirements in the workplace, including providing proper equipment and training and a violence-free environment. Employers who violate labor laws may be penalized, but penalties were not commensurate with those for other similar crimes; some companies reportedly found it more cost-effective to pay the fines than to comply with the law. The law promotes occupational safety awareness, training, and worker participation in OSH matters. While the laws were appropriate for the main industries and the government trained its inspectors on these standards, it did not effectively enforce them.
The number of inspectors was insufficient to deter violations. Inspectors did not have the authority to initiate unannounced inspections or sanctions. Inspections were scheduled under a calendar set by the Inspections Directorate or to verify a complaint, and labor inspectors did not notify the company prior to their arrival. During the COVID-19 pandemic, labor inspectors made several unannounced inspections to verify employers were providing workers with personal protective equipment such as hand sanitizers and masks. As of September labor inspectors completed 17,512 inspections, compared with 33,636 inspections conducted in all of 2019. Allegations of corruption among labor inspectors continued. The Labor Ministry received complaints regarding failure to pay overtime, minimum wage violations, unpaid salaries, and cases of employers illegally withholding benefits (including social security and pension funds) from workers.
Reports of overtime and wage violations existed in several sectors. According to the Labor Ministry, employers in the agricultural sector routinely violated the laws requiring annual bonuses, vacation days, or rest days. Women in domestic service faced exploitation, mistreatment, verbal abuse, threats, sexual harassment, and generally poor work conditions. Workers in the construction industry and domestic service reportedly experienced violations of wage, hour, and safety laws. According to ORMUSA, civil society organizations, and media, certain apparel companies violated women’s rights through occupational health violations and unpaid overtime. There were reports of OSH violations in other sectors, including reports that a very large percentage of buildings did not meet safety standards set by law. The government proved ineffective in pursuing such violations.
In some cases the country’s high crime rate undermined acceptable conditions of work as well as workers’ psychological and physical health. Some workers, such as bus drivers, bill collectors, messengers, and teachers in high-risk areas, reported being subject to extortion and death threats by gang members. On May 25, the newspaper La Prensa Grafica reported extortion by gang members continued during the nationwide stay-at-home order. The FGR received 661 complaints of extortion from January 1 to May 14, compared with 899 complaints during the same period in 2019, and explained the decrease in complaints occurred because some victims chose to pay the extortion rather than file a complaint. On October 21, the newspaper Diario El Mundo reported gang members killed public transport employees to pressure transportation companies into paying extortion.
Through May 31, the Ministry of Labor reported 2,866 workplace accidents. These included 1,352 accidents in the services sector, 864 in the industrial sector, 310 in the commercial sector, 266 in the public sector, and 74 in the agricultural sector. The ministry did not report any deaths from workplace accidents.
Workers may legally remove themselves from situations that endanger health or safety without jeopardy to their employment, but authorities did not effectively enforce this law. On March 14, the Legislative Assembly unanimously approved Legislative Decree 593, which stated that workers could not be fired for being quarantined for COVID-19 or because they could not report to work due to immigration or health restrictions. President Bukele also mandated persons older than 60 and pregnant women to work from home.