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. To implement the law on the Elimination of Gender-Based and Domestic Violence that entered into effect in February 2015, the government in March established a national commission for the prevention of domestic and gender-based violence with the participation 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.
As of June 30, the Prosecutor’s Office initiated 67 criminal proceedings related to gender violence and 19 related to domestic violence. The Prosecutor’s Office concluded 33 cases of gender violence and four cases of domestic violence. Almost all the cases involved elements of psychological abuse and mistreatment. Some cases also involved injuries, sexual aggression, and threats.
The government’s Interdisciplinary Team on Gender Violence (EAID) provided medical and psychological services (including a hotline) as well as legal assistance to victims of domestic violence. In addition the government placed abused women and their children in a shelter, in a hotel, or with foster families who agreed to provide shelter. As of August, EAID had assisted 127 cases of domestic violence against women of which 42 were new. These cases involved psychological, physical, and sexual violence, as well as social and economic mistreatment. Caritas, a religious nongovernmental organization (NGO), worked closely with the government and other NGOs in providing support to the victims in their integration into society.
Victims of domestic violence could also request help from the NGO Andorran Women’s Association (ADA), which works for women’s rights. According to the ADA, victims were reluctant to file a complaint with police due to fear of reprisal.
The government established a department on equality policies in the Ministry of Social Affairs, Justice, and Interior to promote and develop programs to prevent and fight against gender and domestic violence as well as any other forms of inequality.
Sexual Harassment: The law prohibits sexual harassment under the provisions for other sexual aggressions, punishable by three months’ to three years’ imprisonment. As of June 30, four cases of sexual harassment were reported.
Reproductive Rights: Couples and individuals have the right to decide freely the number, spacing, and timing of children; manage their reproductive health; and have access to the information and means to do so free from discrimination, coercion, or violence.
Discrimination: The law prohibits discrimination against women privately or professionally with fines up to 24,000 euros ($26,400). As of June 30, two cases were processed.
In a press statement at the conclusion of his visit to the country on May 10-11, Nils Muiznieks, the Council of Europe’s commissioner for human rights, called upon the government to adopt a comprehensive antidiscrimination law, providing effective protection against discrimination, including gender. He also called to engage the authorities with the private sector, in particular the banking sector, to find ways of remedying reported inequalities and discrimination facing many women employed in this sector.
In February the government organized a training session on nondiscrimination, for journalists and another course for labor inspectors. The courses provided indicators and highlighted strategies on how to identify hidden or invisible discrimination.
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 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 has completed 10 years’ permanent residence 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/she has lived in the country permanently and uninterruptedly for the last five years. In the meantime the child has a provisional passport.
Children are registered at birth.
Child Abuse: Through the end of June, the Prosecutor’s Office initiated 52 criminal proceedings related to child abuse, of which nine related to domestic violence against children and 43 related to violence against children. As of the end of June, the Prosecutor’s Office concluded one case of violence against children.
The government’s Specialized Child Protection Team consisted of two social workers, two social educators, and two psychologists. The team, which intervened in situations where children and young persons were at risk or lacked protection, collected data on cases of child abuse. As of June 30, authorities assisted 185 minors at risk, of which 58 were new cases. As of the end of July, 23 minors lived in a shelter designated for them.
Early and Forced Marriage: The minimum legal age of marriage is 16 years for both girls and boys and as early as 14 years with judicial authority.
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 travel.state.gov/content/childabduction/en/legal/compliance.html.
Unofficial estimates placed the size of the Jewish community at approximately 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 physical, sensory, intellectual, and mental disabilities in employment, education, air travel and other transportation, access to health care, and the provision of other government services.
The law mandates access to public buildings, information, and communications for persons with disabilities, and the government generally enforced this provision.
According to the Ministry of Social Affairs, Justice, and Interior, schools continued to implement the law requiring them to adapt their infrastructure to the needs of children with disabilities. The majority of children with disabilities attended regular schools. Additionally one separate school for children with disabilities existed in the country.
The Andorran Federation of Associations for Persons with Disabilities represented most of the organizations in the country that worked with persons with disabilities. The federation’s priorities are accessibility for persons with disabilities and their entry into the workforce, two areas in which the country was not fully compliant with international standards. The lack of sufficient adapted public transportation remained a concern.
Although the government effectively enforced the provisions of the constitution and the law against discrimination for the most part, in its latest report in 2015, the European Commission against Racism and Intolerance noted that the country’s laws do not apply the principle of the sharing of the burden of proof. The law relating to hearing complaints on the grounds of race, color, ethnicity, nationality, religion, or language in civil and administrative courts does not provide that, when persons establish before the court facts of alleged direct or indirect discrimination, the respondent should prove that there has been no discrimination, racism, or intolerance.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
According to lesbian, gay, bisexual, transsexual, and intersexual associations, the number of bullying cases at school has increased. As of June, 10 cases were registered, one of which was in court. Many of these cases were due to sexual orientation.