Rape and Domestic Violence: Conviction for rape of women and men is punishable by eight to 16 years’ imprisonment, and conviction for domestic violence is punishable by one to five years’ imprisonment. Spousal rape is implicitly covered by the law; penalties for conviction range from one to five years’ imprisonment. The law focuses on increasing protection of victims, strengthening penalties for convicted offenders, and raising awareness regarding gender-based violence (GBV). The law calls for establishing several care centers, with financial and management autonomy, but implementation lagged due to inadequate staffing. Violence and discrimination against women remained significant problems. The National Police Annual Report for 2019 reported 1,636 cases of GBV, a figure that represented 23 percent of all reported crimes against persons for that year.
The National Police regularly accompanied victims of sexual violence and GBV to the hospital and escorted them to their homes to collect their belongings. Police officers helped victims go to a location where they believed they would be safe. The Cabo Verdean Institute for Equality and Equity of Gender ran five shelters on four islands–two on Santiago and one each on Fogo, Sao Vicente, and Boa Vista–and planned to launch two more shelters on Sal and in Tarrafal (Santiago).
The government did not always enforce the law against rape and domestic violence effectively. NGO sources lamented the lack of social and psychological care for perpetrators and victims alike.
National Police officers in Santa Catarina faced charges of abuse of power, torture, and cruel and degrading treatment of a female detainee (see section 1.c.).
Sexual Harassment: The penal code criminalizes sexual harassment. Penalties for conviction include up to one year in prison and a fine equal to up to two years of the perpetrator’s salary. Although authorities generally enforced the law, sexual harassment was common. In one case an alleged perpetrator fatally stabbed a 17-year-old girl in Santa Cruz on the island of Santiago after stalking her and creating a fake Facebook profile presenting her as his girlfriend. Less than three weeks earlier, the victim had withdrawn a complaint she had filed with prosecutors accusing the man of threatening her.
Reproductive Rights: The civil code provides that all citizens have the freedom to decide the number, spacing, and timing of their children; the right to manage their reproductive health; and access to the information and means to do so free from discrimination, coercion, or violence. All citizens had access to contraception, including from family planning centers throughout the country. These centers also provided skilled assistance and counseling, both before and after childbirth, and sexual and reproductive health services, including for survivors of sexual violence. According to the UN Population Fund (UNFPA), 92 percent of births were attended by skilled health personnel. Postnatal services included family planning and free oral and injectable contraceptives. According to the UNFPA, modern methods satisfied their need for family planning of 79 percent of women of reproductive age (15 to 49).
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: The law, including that related to labor, property, inheritance, employment, access to credit, and owning or managing business or property, provides for the same legal status and rights for women as for men, and the government enforced the law somewhat effectively. Cultural norms and traditions, however, imposed gender roles that hindered the eradication of gender-based discrimination.
A 2019 law prohibits discrimination based on sex and promotes gender-equality policies.
Women suffered discrimination in equal pay for equal work. A 2019 International Labor Organization survey cited a factor-weighted average wage gap of 14 percent across professions and both formal and informal sectors. Women often worked in informal jobs and lacked access to social security. Women, especially the working poor, struggled to maintain their professional independence when they had children. Fathers were often not present in the nuclear family. Additionally, when girls became pregnant while still in school, they nearly always dropped out and did not resume their education.
Rural school district supervisors and local government officials spoke of “absent men,” lamenting the burden placed on women and noting the damage to existing and future generations from children growing up without male role models or with negative ones.
Birth Registration: Citizenship is derived from one’s parents or grandparents or by birth within the country if the parents have been legal residents for five years. When those conditions are not met, and if the child does not receive citizenship from the country of at least one of its parents, the parents must obtain a lawyer to petition for an exception. Birth registration was not denied or provided on a discriminatory basis. Failure to register births did not result in denial of public services.
Education: During the year the government extended tuition-free, compulsory, universal education through the 12th grade.
Child Abuse: Laws prohibit physical, psychological, and moral violence against children, including sexual violence, but these remained problems. Penalties for child abuse include two to eight years in prison for sexual abuse of a child younger than age 14, increasing to five to 12 years’ imprisonment if the abuse included penetration. Those found guilty of engaging in transactional sex with a minor younger than age 18 face two to eight years in prison, four to 12 years’ imprisonment if the sex involved penetration. Government efforts to combat child abuse employed a national network that included the child welfare government body Institute for Children and Adolescents, various police forces, the Attorney General’s Office, hospitals, local civil society organizations, and health centers. The government attempted to reduce sexual abuse and violence against children through several programs. The Institute for Children and Adolescents maintained a presence on all inhabited islands.
From January through July, the Institute for Children and Adolescents registered 1,428 cases of violence against and mistreatment of minors, including 107 of sexual abuse, 146 of maltreatment, 28 of parental abandonment, 19 of child labor, and 161 of parental negligence. In 2019 the institute registered an increase in reported cases during the year in each of these categories compared with 2018.
Demonstrators on Sao Vicente, Santo Antao, and other islands called for more intervention from the government and law enforcement authorities in response to child sexual abuse cases. In one of many cases during the year, the Judicial Police detained eight individuals from different parts of the island of Santiago for sexually abusing a 13-year-old adolescent. Medical personnel contacted authorities when the girl sought help at a hospital after aborting a pregnancy in secret.
The Institute for Children and Adolescents provided care for child victims, but perpetrators and alleged perpetrators received minimal interventions or care while awaiting trial or while in prison. Child abuse cases may linger for years in the judicial process, often leaving child victims vulnerable to continued abuse.
Child, Early, and Forced Marriage: The legal minimum age of marriage is 18.
Sexual Exploitation of Children: The law punishes those who foment, promote, or facilitate “prostitution” or sexual exploitation of children younger than age 17 with a penalty if convicted of four to 10 years’ imprisonment. If the victim is age 17 or 18, the penalty is two to six years’ imprisonment, which is commensurate with penalties prescribed for other serious crimes such as kidnapping. The law punishes those who induce, transport, or provide housing or create the conditions for sexual exploitation and commercial sexual exploitation of children younger than age 17 in a foreign country with a penalty if convicted of five to 12 years’ imprisonment. If the victim is age 17 or 18, the penalty for conviction is two to eight years’ imprisonment. The law prohibits the exploitation of children younger than age 18 in pornography, with penalties for conviction of up to three years’ imprisonment. The minimum legal age for consensual sex is 16. Sexual relations with a child younger than age 14 are considered a public crime and invoke mandatory reporting from anyone who becomes aware of the crime. By law at ages 14 and 15, sexual relations are a semipublic crime and may be reported by any involved party (the minor or the minor’s parents or guardians). Sexual abuse was widely reported throughout the country.
The government continued efforts to prevent the sexual exploitation of children through a national coordinating committee. The government also continued to enforce the Ethics Code of Conduct for Tourism, which includes provisions countering child sex tourism. The Observatory for Monitoring and Rapid Identification of Trafficking in Persons, which assembles numerous government agencies and partners, continued to hold meetings to advance priorities related to human trafficking and child sexual exploitation.
Displaced Children: The Institute for Children and Adolescents and other organizations provided shelter to children living in the street, ranging from day centers to 24-hour shelters. Officials worked with children, families, and communities to resolve intrafamily problems and return children to the safety of their families. A 2016 effort by local authorities and a partner NGO succeeded in reducing the number of minors living on the street in the city of Mindelo from 44 to the 12 that remained in the organization’s shelter during the year.
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/reported-cases.html.
The Jewish community was very small, and there were no reports of anti-Semitic acts.
Persons with Disabilities
The law prohibits discrimination against persons with disabilities, and the government generally enforced these provisions, although problems remained in areas such as physical accessibility, means of communication, and public transport appropriate for persons with disabilities.
Persons with intellectual or mental disabilities, as determined by the Ministry of Health, are not allowed to vote, according to the National Commission for Elections, if they are deemed not to have the mental capacity to exercise that right.
Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity
Antidiscrimination laws exist, and state employers may not discriminate based on sexual orientation, family situation, habits and dress, health status, or membership or nonmembership in any organization. Laws prohibit discrimination in the provision of a good or service, engaging in normal economic activities, and employment. The government generally enforced these laws; penalties if convicted were up to two years in prison or a substantial monetary fine. Laws do not prohibit consensual same-sex sexual conduct among adults.
Persistent social discrimination existed as the norm for the lesbian, gay, bisexual, transgender, and intersex community and generally took the form of public mockery and appearance-based discrimination.