Rape and Domestic Violence: The law criminalizes rape, including spousal rape, and the government effectively enforced the law. From July 2015-June, police received 25 complaints of rape and made 17 arrests.
In May, Macau’s Legislative Assembly adopted the Law on Preventing and Combating Domestic Violence, but same-sex couples are not under its purview. Under the new law, a victim can decide whether to pursue charges if the consequences of the violence are “mild.” The new law provides avenues for victims of domestic violence to leave dangerous environments as soon as possible and provides them with social services. Under the new law, the Social Welfare Bureau (SWB) is responsible for coordinating the application of protective and assistance measures to victims, such as temporary shelters, access to legal aid, financial assistance, health care, individual and family counseling, and assistance in access to education or employment. The law stipulates that a judge may order urgent coercive measures imposed upon the defendant individually or cumulatively, which can include: removing the offender from the victim’s family residence; forbidding the offender to contact, harass, or pursue the victim; barring the offender from owning weapons, objects, or tools that can be used for perpetrating acts of domestic violence; or other measures aimed at preventing the reoccurrence of domestic violence. According to the government, the application of these measures does not preclude the possibility of prosecuting the perpetrators for criminal responsibilities as stipulated in the criminal code. From June 2015- July, police received 322 reports of domestic violence. Various NGOs and government officials considered domestic violence against women to be a growing problem.
The government made referrals for victims to receive medical treatment, and medical social workers counseled victims and informed them of social welfare services. During the first half of the year, the SWB handled 90 domestic violence cases. The government funded NGOs to provide victim support services, including medical services, family counseling, and housing, until their complaints were resolved. The government also supported two 24-hour hotlines, one for counseling and the other for reporting domestic violence cases.
NGOs and religious groups sponsored programs for victims of domestic violence, and the government supported and helped fund these organizations and programs. The Bureau for Family Action, a government organization subordinate to the Department of Family and Community of the SWB, helped female victims of domestic violence by providing a safe place for them and their children and by providing advice regarding legal actions against perpetrators. A range of counseling services was available to persons who requested them at social service centers. Two government-supported religious programs also offered rehabilitation programs for female victims of violence.
Sexual Harassment: There is no law specifically addressing sexual harassment, unless it involves the use of a position of authority to coerce the performance of physical acts. Harassment in general is prohibited under laws governing equal opportunity, employment and labor rights, and labor relations. From July 2015- June, authorities received 13 complaints of sexual coercion and made 13 arrests.
Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children and the right to both fertility and contraceptive treatment, free from discrimination, coercion, and violence. Access to information on family planning, contraception, and prenatal care was widely available, as was skilled attendance at delivery and postpartum care.
Discrimination: Equal opportunity legislation mandates that women receive equal pay for equal work. Discrimination in hiring practices based on gender or physical ability is prohibited by law, and penalties exist for employers who violate these guidelines. The law allows for civil suits, but few women took cases to the Labor Affairs Bureau (LAB) or other entities. Gender differences in occupation existed, with women concentrated in lower-paid sectors and lower-level jobs. Observers estimated there was a significant difference in salaries between men and women, particularly in unskilled jobs. The CAC received no complaints of gender discrimination during the first six months of the year.
Birth Registration: According to the Basic Law, children of Chinese national residents of Macau who were born in or outside the SAR and children born to non-Chinese national permanent residents inside the SAR are regarded as permanent residents. There is no differentiation between these categories in terms of access to registration of birth. Most births were registered immediately.
Child Abuse: Four cases of child abuse were reported to the authorities from June 2015-July. The SAR’s Health Bureau handled 15 suspected child abuse cases during the year, all of which were transferred to appropriate governmental or nongovernmental institutions for follow up after hospitalization. In addition to providing measures to combat abuse, neglect, and violence against children by criminal law, the law establishes relief measures for children at risk. In this regard the SWB reported it handled 27 cases of abuse or neglect during the year.
Early and Forced Marriage: The minimum age of marriage is 16 years old. Children between ages 16 and 18 years old who wish to marry must get approval from their parents or guardians.
Sexual Exploitation of Children: The law specifically provides for criminal punishment for sexual abuse of children and students, statutory rape, and procurement involving minors. The criminal code sets 14 years as the age of sexual consent and 16 years old as the age for participation in the legal sex trade. The law prohibits child pornography. From July 2015-June, there were nine reported cases of child sexual abuse and five reported cases of rape of a minor. Police arrested seven suspects in reported cases of child sexual abuse and three suspects in cases of rape of a minor. Police received eight complaints and arrested seven in cases of sex with a minor during the same period.
International Child Abductions: The SAR 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.
The Jewish population was extremely small. There were no reports of anti-Semitic acts.
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 physical, sensory, intellectual, and mental disabilities in employment, education, access to health care, or the provision of other state services, and the government generally enforced these provisions. The law mandates access to buildings, public facilities, information, and communications for persons with disabilities. The government enforced the law effectively. The government provides a variety of services to persons with disabilities, including discounted fares on wheelchair-accessible public transportation. The SWB was primarily responsible for coordinating and funding public assistance programs to persons with disabilities. There was a governmental commission to rehabilitate persons with disabilities, with part of the commission’s scope of work addressing employment. There were no reports of children with disabilities encountering obstacles to attending school.
Although the government has made efforts to address the complaints of individuals of Portuguese descent and the Macanese (Macau’s Eurasian minority), members of these two groups continued to claim that they were not treated equally by the Chinese majority.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
There are no laws criminalizing sexual orientation or same-sex sexual contact and no prohibition against lesbian, gay, bisexual, transgender, or intersex (LGBTI) persons forming organizations or associations. There were no reports of violence against persons based on their sexual orientation or gender identity. LGBTI groups openly held several public events, and one registered LGBTI group openly lobbied the government and international organizations for an extension of protections to same-sex couples in a draft law on domestic violence.
HIV and AIDS Social Stigma
The law prohibits discrimination against persons with HIV/AIDS and limits the number of required disclosures of an individual’s HIV status. Employees outside medical fields are not required to declare their status to employers. There were no reported incidents of violence or discrimination against persons with HIV/AIDS.