Rape and Domestic Violence: Rape is a crime punishable by a minimum sentence of five years’ imprisonment, but spousal rape is not included in the legal definition of this offense. The law recognizes domestic violence as a criminal offense. Under the law, domestic violence offenses are punishable by a maximum of five years’ imprisonment or a maximum fine of Australian dollars (AUD) 1,000 ($794), or both. Under the assault provisions of the penal code, the maximum penalty for common assault is six months’ imprisonment, and for assault with actual bodily harm, five years’ imprisonment.
Police have a Domestic Violence Unit, a “no-drop” evidence-based prosecution policy in cases of violence against women, and operate a 24-hour emergency telephone line for victims of domestic violence. The law recognizes the existence of domestic violence and gives express powers for police involvement and intervention, including the power to enter private property. Police may also issue orders for a person who has committed an act of domestic violence to vacate property, whether or not that individual has rights to that property, if a person at risk of further violence occupies it. The Women’s Crisis Center provided counseling services, but there were no shelters for abused women. Cases of rape and domestic violence often went unreported due to lack of awareness of women’s rights and traditional and cultural pressures on victims.
Sexual Harassment: The law does not specifically prohibit sexual harassment but prohibits indecent behavior, including lewd touching. Reports of sexual harassment are uncommon, and there were no cases reported during the year.
Coercion in Population Control: There were no reports of coerced abortion, involuntary sterilization, or other coercive population control methods. Estimates on maternal mortality and contraceptive prevalence are available at: www.who.int/reproductivehealth/publications/monitoring/maternal-mortality-2015/en/ .
Discrimination: Aspects of the law contribute to an unequal status for women, for example in land inheritance and child custody rights. No laws prevent employment discrimination based on gender or require equal pay for equal work, and such discrimination occurred (see section 7.d.). Women held a subordinate societal position, constrained in some instances by both law and traditional cultural practices. Nonetheless, women increasingly held positions in the health and education sectors, headed a number of NGOs, and were more active politically.
Birth Registration: A child derives citizenship at birth, whether born in the country or abroad, if either parent is a citizen. The law requires registration of births within 10 days, a practice generally observed.
Child Abuse: The government did not compile child abuse statistics, and there were no reports of child abuse during the year. Anecdotal evidence, however, indicated child abuse occurred. The law confirms the right of parents, teachers, and others having lawful control of a child to use corporal punishment, and reports indicated this occurred in schools and homes.
Early and Forced Marriage: The legal minimum age of marriage for both girls and boys is 18 years.
Sexual Exploitation of Children: The age of consent for sexual relations is 15 years. Sexual relations with a girl younger than 13 years carries a maximum punishment of life imprisonment. Sexual relations with a girl older than 12 but younger than 15 years carries a maximum penalty of five years’ imprisonment. The victim’s consent is irrelevant under both these provisions; however, in the latter case, reasonable belief the victim was 15 years or older is a permissible defense. No provision of law pertains specifically to child pornography, although the penal code prohibits obscene publications in general.
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 travel.state.gov/content/childabduction/en/legal/compliance.html.
There was no known Jewish community, and there were no reports of anti-Semitic acts.
Trafficking in Persons
There were no confirmed reports during the year that Tuvalu was a source, destination, or transit country for victims of human trafficking.
Persons with Disabilities
The law does not specifically prohibit discrimination against persons with physical, sensory, intellectual, or mental disabilities. Government services to address the specific needs of persons with disabilities were very limited. There were no mandated building accessibility provisions for persons with disabilities. Persons with disabilities had limited access to information and communications.
Children with disabilities reportedly had lower school attendance rates at all levels than other children. Some students with disabilities attended government-run public primary schools both in Funafuti and in several outer islands. Parents decide which school a child with disabilities attends after consultation with an FAA Tuvalu adviser.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
Sexual conduct between men is illegal, with penalties of seven to 15 years’ imprisonment, but there were no reports of prosecutions of consenting adults under these provisions. The law does not specifically prohibit discrimination based on sexual orientation or gender identity. There are no hate crime laws, nor are there criminal justice mechanisms to aid in the prosecution of bias-motivated crimes against members of the lesbian, gay, bisexual, transgender, and intersex community. There were no reports of violence against persons based on sexual orientation or gender identity, but social stigma or intimidation may prevent reporting of incidents of discrimination or violence.
HIV and AIDS Social Stigma
Persons with HIV/AIDS faced some societal and employment discrimination (see section 7.d.). The government and NGOs cooperated to inform the public regarding HIV/AIDS and to counter discrimination.