Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law prohibits rape, 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 government’s Service for the Assistance of Victims of Gender Violence and the Service of Domestic and Family Violence provided medical and psychological services as well as legal assistance to victims of gender violence and domestic violence. In addition, the government placed abused women and their children in a shelter, in a hotel, or with voluntary foster families. The national hotline for victims continued to function as a 24-hour service. Victims of domestic violence could also request help from the nongovernmental organization Andorran Women’s Association (ADA).
In June the National Commission for the Prevention of Domestic and Gender-based Violence, consisting of members of the Ministries of Social Affairs, Justice, and Interior; Health; and Education and Higher Instruction, as well as the judiciary and the prosecutor’s office, approved a guide for professionals working in the assistance of victims of domestic violence. The guide provides protocols, resources, and collaboration agreements with various ministries and the ADA.
The Department of Equality Policies, which promotes and develops programs to prevent and fight against gender and domestic violence as well as any other forms of inequality, provided training on gender violence to workers in the Ministry of Social Affairs, the fire department, and law enforcement agencies, as well as for high school and university teachers.
Sexual Harassment: The law prohibits sexual harassment under the provisions for other sexual aggressions, punishable by three-months’ to three-years’ imprisonment. As of the end of August, one case of sexual harassment in the workplace was reported, but the victim did not file a formal complaint.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.
Discrimination: The law prohibits discrimination against women privately or professionally with fines up to 24,000 euros ($27,600). The government enforced the law effectively. There were no reports of discrimination during the year.
The government continued to work on equality issues with the support of civil society, and approved a law on equality and nondiscrimination.
Birth Registration: According to the law, citizenship is acquired at birth in the following circumstances: a child is born in the country to an Andorran parent or born abroad to an Andorran parent born in the country; a child is born in the country if either parent was born in the country and is living there at the time of birth, or if born in the country and both parents are stateless or of unknown identity. A child of foreign parents may acquire Andorran nationality by birth in the country if at the time of birth one of the parents completed 10 years in the country. Otherwise, the child may become a citizen before attaining the age of majority or a year after reaching the age of majority if his/her parents have been permanently resident in the country for 10 years or if the person can prove that he or she has lived in the country permanently and continuously for the last five years. In the meantime, the child has a provisional passport.
Children are registered at birth.
Early and Forced Marriage: The minimum legal age of marriage is 16 for girls and boys and as young as 14 with judicial authorization.
Sexual Exploitation of Children: The law against rape also covers statutory rape. Child pornography is illegal and carries a prison sentence of up to four years. The minimum age of sexual consent is 14 years. The penalty for statutory rape is 15-years’ imprisonment, the same as for rape in general.
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.html.
Unofficial estimates placed the size of the Jewish community at 100 persons. There were no reports of anti-Semitic acts.
Trafficking in Persons
There were no confirmed reports during the year that Andorra was a source, destination, or transit country for victims of human trafficking.
Persons with Disabilities
The law prohibits discrimination against persons with disabilities. The Ministry of Social Affairs, Justice, and Interior received requests for psychological, social, and legal assistance from persons with disabilities.
In November 2017 parliament approved a new law providing for new measures regarding the accessibility for persons with disabilities including the universal design principles and guidelines.
Acts of Violence, Discrimination, 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, Justice, and Interior received requests for psychological, social, and legal assistance from individuals on the basis of their gender identity or expression. Complaints on the grounds of sexual orientation and gender identity may be brought before the civil and administrative courts.
The Ministry of Social Affairs, Justice, and Interior organized specialized training sessions for youth on lesbian, gay, bisexual, transvestite, and intersex problems oriented to reduce stigma and promote tolerance and acceptance.