Section 6. Discrimination and Societal Abuses
Rape and Domestic Violence: The law criminalizes all forms of rape of women or men, including spousal rape. The government considers rape a crime of public concern, and the state prosecutes rapists even if victims do not press charges. The penalties for rape range from nine to 13 years’ imprisonment. The law was not effectively enforced, and weak public institutional structures contributed to the inadequate enforcement.
The law does not criminalize domestic violence but provides penalties of up to 12 years in prison for violence against a family member, depending on the severity of the assault and aggravating circumstances. If a victim’s physical injuries do not reach the severity required to categorize the violence as a criminal act, the legal penalty for a first offense is a sentence of one to three months of community service. Survivors of domestic violence are entitled to certain protective measures, such as removing the abuser from the home and prohibiting the abuser from visiting the victim’s work or other frequently visited places. Abusers caught in the act may be detained for up to 24 hours as a preventive measure. The law provides a maximum sentence of three years in prison for disobeying a restraining order connected with the crime of violence against a woman.
Civil society groups reported that women often did not report domestic violence or withdrew charges because they feared, or were economically dependent on, the aggressor. In addition women experienced delays in accessing justice due to police who failed to process complaints in a timely manner or judicial system officials who deferred scheduling hearings. Institutions such as the National Women’s Institute attempted to enhance the government’s response to domestic violence by opening three additional women’s centers in the country. These efforts were insufficient due to limited political will, inadequate staffing, limited or no services in rural areas, absence of or inadequate training and awareness of domestic violence among police and other authorities, and a pattern of male-dominant culture and norms.
In cooperation with the UN Development Program (UNDP), the government operated consolidated reporting centers in Tegucigalpa and San Pedro Sula where women could report crimes, seek medical and psychological attention, and receive other services. These reporting centers were in addition to the 298 government-operated women’s offices – one in each municipality – that provided a wide array of services to women, focusing on education, personal finance, health, social and political participation, environmental stewardship, and prevention of gender-based violence.
Sexual Harassment: The law criminalizes sexual harassment, including in employment. Violators face penalties of one to three years in prison and possible suspension of their professional licenses, but 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.
Contraception supplies continued to be limited. The law prohibits the sale, distribution, and use of emergency contraception for any reason, including for survivors of sexual violence. The government provided victims of sexual violence access to other health-care services.
Although 74 percent of births were attended by skilled health care personnel, NGOs reported significant gaps in obstetric care, especially in rural areas. The World Bank reported in 2018 that the adolescent birth rate was 72 births per 1,000 girls ages 15 to 19.
Discrimination: Although the law accords women and men the same legal rights and status, including property rights in divorce cases, many women did not fully enjoy such rights due to barriers in access to justice and lack of information regarding legal protections. Most women in the workforce engaged in lower-status and lower-paying informal occupations, such as domestic service, without the benefit of legal protections. By law women have equal access to educational opportunities.
Systemic Racial or Ethnic Violence and Discrimination
The law criminalizes discrimination based on race and ethnicity and includes crimes committed against individuals because of race or ethnicity as aggravating circumstances to increase penalties for criminal offenses. Nevertheless, social discrimination against racial and ethnic groups persisted, as did physical violence.
As of September the Public Ministry had received nine reports of racial or ethnic discrimination. CONADEH received four reports as of August.
On March 3, unknown assailants killed Martin Pandy, president of the Garifuna community of Corozal, and another community member. Pandy was a human rights and land rights activist.
The government’s National Policy to Combat Racism and Racial Discrimination seeks to promote equality and combat discrimination related to the country’s seven indigenous and two Afro-descendent groups, with a focus on social and political participation; access to education, health care, justice, and employment opportunities; and rights to ancestral lands and natural resources. NGOs reported the government did not effectively combat discrimination and promote equal access to government services or employment opportunities.
In the 2013 census, approximately 8.5 percent of the population identified themselves as members of indigenous communities, but other estimates were higher. Indigenous groups included the Miskito, Tawahka, Pech, Tolupan, Lenca, Maya-Chorti, and Nahua. They had limited representation in the national government and consequently little direct input into decisions affecting their lands, cultures, traditions, and the allocation of natural resources.
Indigenous communities continued to report threats and acts of violence against them and against community and environmental activists. Violence was often rooted in a broader context of conflict over land and natural resources, extensive corruption, lack of transparency and community consultation, other criminal activity, and limited state ability to protect the rights of vulnerable communities.
Ethnic minority rights leaders, international NGOs, and farmworker organizations claimed the government failed to redress actions taken by security forces, government agencies, private individuals, and businesses to dislodge farmers and indigenous persons from lands over which they claimed ownership based on land reform law or ancestral land titles.
Persons from indigenous and Afro-descendant communities continued to experience discrimination in employment, education, housing, and health services. A 2019 Inter-American Commission on Human Rights report noted there were insufficient hospital beds and inadequate supplies at the only hospital that serviced Gracias a Dios Department, home to most of the Miskito community.