Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law criminalizes rape but does not specifically address spousal rape. Prison sentences for rape range from five to 10 years, and authorities generally enforced the law. A provision of the penal code allows an adult accused of “corruption of a minor” to avoid prosecution if the accused subsequently marries his or her victim and if the crime did not involve violence, threats, or fraud.
Domestic violence remains a society-wide problem. The law states that a person claiming domestic abuse must visit a “forensic physician” for an examination to document injuries and that the physician must determine that the injuries suffered “incapacitated” the victim for 15 days. Additionally, the law prescribes up to 20-year imprisonment for the accused, depending on the severity of injuries. If domestic violence results in death, a judge can prescribe a life sentence.
For the year the Ministry for National Solidarity, Family, and Women, reported that there were 1,127 logged cases of violence against women. According to statistics from women’s advocacy groups published in the local press, between 100 and 200 women died each year from domestic violence. The government maintained two regional women’s shelters and was building three additional shelters. These shelters assisted with approximately 220 cases of violence against women during the year. The Information and Documentation Center on the Rights of Children and Women, a network of local organizations that promoted the rights of women, managed call centers in 15 provinces.
During the year a women’s advocacy group, Wassila Network, received 200 cases of domestic violence. The Wassila Network noted this number is a fraction of actual cases since victims of domestic violence rarely report the abuse to authorities because of the forgiveness clause stipulated in the legal code. The clause stipulates that if the victim forgives his or her aggressor, any legal action ceases. The Wassila Network described situations in which a victim went to police to report a domestic violence incident and family members convince the victim to forgive the aggressor, resulting in no charges to the aggressor.
The law provides for sentences of one to 20 years’ imprisonment for domestic violence and six months to two years’ incarceration for men who withhold property or financial resources from their spouses.
In February the Ministry for National Solidarity, Family, and Women and UN Women launched an administrative database, named AMANE, to collect information on violence against women. The information collected is used to assist the government in developing targeted programs to support and protect women in vulnerable situations, including violence.
Sexual Harassment: The punishment for sexual harassment is one to two years’ imprisonment and a fine of DZD 50,000 to DZD 100,000 ($425 to $850); the punishment doubles for a second offense. Women’s groups reported that the majority of reported cases of harassment occurred in the workplace.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.
Discrimination: Although the constitution provides for gender equality, aspects of the law and traditional social practices discriminated against women. In addition, some religious elements advocated restrictions on women’s behavior, including freedom of movement. The law prohibits Muslim women from marrying non-Muslims, although authorities did not always enforce this provision.
Women may seek divorce for irreconcilable differences and violation of a prenuptial agreement. In a divorce, the law provides for the wife to retain the family’s home until the children reach age 18. Authorities normally awarded custody of children to the mother, but she may not make decisions about education or take the children out of the country without the father’s authorization. The government provided a subsidy for divorced women whose former husbands failed to make child support payments.
The law affirms the religiously based practice of allowing a man to marry as many as four wives. The law permits polygamy only upon the agreement of the previous and future wife, and the determination of a judge as to the husband’s financial ability to support an additional wife. It was unclear whether authorities followed the law in all cases since local authorities had significant discretion and the government did not maintain nationwide statistics.
Women suffered from discrimination in inheritance claims and were entitled to a smaller portion of an estate than male children or a deceased husband’s brothers. Women did not often have exclusive control over assets that they brought to a marriage or that they earned.
Women may own businesses, enter into contracts, and pursue careers similar to those of men. The Ministry of National Solidarity, Family, and Women said 60 percent of the recipients of government microcredit loans for small businesses were women. Women enjoyed rights equal to those of men concerning property ownership, and property titles listed female landowners’ names.
Women faced discrimination in employment. Leaders of women’s organizations reported that discrimination was common and women were less likely to receive equal pay for equal work or promotions.
Birth registration: The mother or father may transmit citizenship and nationality. By law, children born to a Muslim father are Muslim, regardless of the mother’s religion. The law does not differentiate between girls and boys in registration of birth.
Child Abuse: Child abuse was illegal but was a serious problem. The government devoted increasing resources and attention to it. A national committee is responsible for monitoring and publishing an annual report on the rights of children. The government supported the country’s Network for the Defense of Children’s Rights (NADA).
Laws prohibiting parental abduction do not penalize mothers and fathers differently, and the punishment for convicted kidnappers includes the death penalty.
According to NADA, while there are fewer cases of reported kidnapping, instances of child abuse and exploitation have increased. Exploiters of child labor used methods allegedly learned via the internet to increase their mistreatment of children. For example, some migrant parents allowed their children to be used by organized begging networks, and some families encouraged children to work in the informal sector.
Early and Forced Marriage: The legal minimum age of marriage is 19 for both men and women, but minors may marry with parental consent, regardless of gender. The law forbids legal guardians from forcing minors under their care to marry against the minor’s will. The Ministry of Religious Affairs required that couples present a government-issued marriage certificate before permitting imams to conduct religious marriage ceremonies.
Sexual Exploitation of Children: The law prohibits solicitation for prostitution and stipulates prison sentences of between 10 and 20 years when the offense is committed against a minor under age 18. By law, the age for consensual sex is 16. The law stipulates a prison sentence of between 10 and 20 years for rape when the victim is a minor.
The law established a national council to address children’s issues, gives judges authority to remove children from an abusive home, and allows sexually abused children to provide testimony on video rather than in court.
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.html.
The country’s Jewish population numbered fewer than 200 persons.
Religious and civil society leaders reported that the Jewish community faced unofficial, religion-based obstacles to government employment and administrative difficulties when working with government bureaucracy.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
Persons with Disabilities
The law prohibits discrimination against persons with disabilities, although the government did not always effectively enforce these provisions. Few government buildings were accessible to persons with disabilities. Few businesses abided by the law requiring that they reserve 1 percent of jobs for persons with disabilities. NGOs reported that the government did not enforce payment of fines for failing to abide by the law. The Ministry of Labor audited 218 organizations and found that 89 companies did not respect the 1-percent quota. The 89 organizations were given formal notices to abide by the law. The ministry has not confirmed receipt of fine payment.
The Ministry of National Solidarity, Family, and the Status of Women provided some financial support to health-care-oriented NGOs, but for many NGOs, such financial support represented a small fraction of their budgets. The government provided disability benefits to persons with disabilities who registered.
The Ministry of National Solidarity, Family, and Women reported that it ran 238 centers throughout the country that provided support for persons with intellectual, auditory, vision, and physical disabilities–down from 242 the previous year.
The ministry stated that it worked with the Ministry of Education to integrate children with disabilities into public schools to promote inclusion. The majority of the ministry’s programs for children with disabilities remained in social centers for children with disabilities rather than in formal educational institutions. Advocacy groups reported that children with disabilities rarely attended school past the secondary level. Many schools lacked teachers trained to work with children with disabilities, threatening the viability of efforts to mainstream children with disabilities into public schools.
Many persons with disabilities faced challenges in voting due to voting centers that lacked accessible features.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
The law criminalizes public indecency and consensual same-sex sexual relations between adult men or women, with penalties that include imprisonment of six months to three years and a fine of DZD 1,000 to DZD 10,000 ($8.50 to $85). The law also stipulates penalties that include imprisonment of two months to two years and fines of DZD 500 to DZD 2,000 ($4.25 to $17) for anyone convicted of having committed a “homosexual act.” If a minor is involved, the adult may face up to three years’ imprisonment and a fine of DZD 10,000 ($85). LGBTI activists reported that the vague wording of laws criminalizing “homosexual acts” and “acts against nature” permitted sweeping accusations that resulted in multiple arrests for consensual same-sex sexual relations, but no known prosecutions during the year.
LGBTI status is not, in itself, criminalized; however, LGBTI persons may face criminal prosecution under legal provisions concerning prostitution, public indecency, and associating with bad characters. NGOs reported that judges gave harsher sentences to LGBTI persons. An NGO reported that LGBTI men were targeted more often than are women.
The law does not extend antidiscrimination protections to LGBTI persons based on of sexual orientation, gender identity or expression, or sex characteristics. Official assert that the law covers LGBTI individuals through general civil and human rights legislation. Government officials did not take measures specifically to prevent discrimination against LGBTI persons. LGBTI persons faced discrimination in accessing health services. Some organizations maintained a list of “LGBTI-friendly” hospitals, and several NGOs operated mobile clinics specifically for vulnerable communities. NGOs reported that employers refused jobs to LGBTI persons, particularly men perceived as effeminate. Community members said that obtaining legal assistance was also a challenge due to similar discrimination.
Members of the LGBTI community reported that forced marriage was a problem, particularly for lesbian women.
During the year authorities blocked LGBTI NGOs from organizing meetings. The NGOs reported harassment and threats of imprisonment by government authorities.
HIV and AIDS Social Stigma
Strong social stigma towards the vulnerable groups in which HIV/AIDS was most concentrated–commercial sex workers, men who have sexual relations with men, and drug users–deterred testing of these groups. The government said it did not take measures to specifically prevent and treat HIV/AIDS in the LGBTI community.
The government’s National AIDS Committee met twice during the year. The committee brought together various government and civil society actors to discuss implementation of the national strategy to combat HIV/AIDS.
Other Societal Violence or Discrimination
Academics and activists said that sub-Saharan African migrants sometimes faced discrimination and that there were tensions in some communities between the native and migrant populations.