Rape and Domestic Violence: Rape is a crime and carries a maximum penalty of 25 years’ imprisonment. The law specifically applies penalties for rape of married and de facto partners. Police are required to investigate all reported rape cases. They generally did so, and the courts prosecuted cases. The law does not address domestic violence specifically, but authorities prosecuted domestic violence cases under laws against common assault. The maximum penalty for simple assault is one year’s imprisonment. The maximum penalty for assault involving bodily harm is three years’ imprisonment.
Both police and judiciary treated major incidents and unresolved family disputes seriously.
Human Rights Watch reported that female refugees faced sexual harassment and sexual assault, yet such cases often went unreported to police.
The government did not maintain statistics on the incidence of physical or domestic abuse of women, but police officials stated they received frequent complaints of domestic violence. Families normally sought to reconcile such problems informally and, if necessary, communally.
Sexual Harassment: There is no specific law against sexual harassment, but authorities could and did prosecute harassment involving physical assault under assault laws.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.
Discrimination: The law provides the same legal status and rights for women and men, including under family, religious, labor, property, nationality, and inheritance laws. Discrimination in employment and wages occurred with respect to women (see section 7.d.).
Birth Registration: Children derive citizenship if one of their parents is a citizen. The constitution also provides for acquisition of citizenship by birth in the country in cases in which the person would otherwise be stateless. The law requires registration of births within 21 days in order to receive citizenship, and families generally complied with the law.
Child Abuse: The government does not maintain data on child abuse, but it remained a problem, according to civil society groups. The law establishes comprehensive measures, including mandatory reporting, to protect children from child abuse.
Early and Forced Marriage: The law prohibits marriage by persons younger than age 18 years. According to a UNICEF survey of married women age 20 to 24 years, 27 percent married before they were age 18.
Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children, the sale of children, offering or procuring a child for child prostitution, and practices related to child pornography. The minimum age for consensual sex is 16 years. There are standardized penalties for sexual exploitation of children; intentional sexual intercourse with a child younger than age 16 is punishable by 25 years’ imprisonment. Sexual intercourse with a child younger than 13 carries a penalty of life imprisonment.
The law establishes penalties for taking images of children’s private acts and private parts. If the child is younger than age 16 years, the maximum penalty is 10 years’ imprisonment, and if younger than age 13, 15 years’ imprisonment. The same law prescribes even tougher penalties for involving children to produce pornographic material. The maximum penalty if the child is younger than age 16 is 15 years’ imprisonment and 20 years’ imprisonment if the child is younger than age 13. The cybercrime law outlaws the electronic publication and transmission of child pornography.
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 does not have a Jewish community, and there were no reports of anti-Semitic acts.
Trafficking in Persons
There were no confirmed reports during the year that Nauru 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 disabilities. No legislation mandates services for persons with disabilities or access to public buildings. Although the government has installed mobility ramps in some public buildings, many buildings were not accessible. The Department of Education has a special education adviser who is responsible for education for students with disabilities and teachers provided classes for a small group of students with disabilities.
The Department of Justice is responsible for protecting the rights of persons with disabilities. The law grants some legal protections for persons with mental disabilities. There were no reports of discrimination against persons with disabilities in employment, but social stigma likely led to decreased opportunities for employment.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
“Homosexual conduct” is no longer a crime under recent legislation. The law does not prohibit discrimination based on sexual orientation or gender identity. The law does not specifically cite sexual orientation, but it could be used to aid in the prosecution of bias-motivated crimes against lesbian, gay, bisexual, transgender, and intersex persons. There were isolated reports of violence against persons based on sexual orientation and gender identity.