Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: Rape is a criminal offense, and conviction carries a maximum sentence of 15 years; general rape statutes applied to the prosecution of spousal rape. Domestic violence was prosecuted under general statutes dealing with violence, although authorities did not effectively investigate or prosecute most allegations of domestic violence. Domestic violence against women was widespread.
There were reports that police, especially outside Yerevan, were reluctant to act in such cases and discouraged women from filing complaints. According to some NGOs representatives, in cases when a woman alleged rape, she was sometimes questioned about her previous sexual experience and subjected to a “virginity test.” In a few cases, if the rape victim was not a virgin, police would dismiss the allegation as unimportant. A majority of domestic violence cases were considered under the law as offenses of low or medium seriousness, and the government did not hire enough female police officers and investigators for field work to address these crimes.
Between 2010 and 2017, the NGO Coalition to Stop Violence against Women recorded the killing of 50 women by an existing or former partner or by a family member. Information on enforcement actions regarding these killings was unavailable by year’s end. In a high profile case, on November 12, 20-year-old Kristine Iskandaryan was beaten to death by her husband. After police learned her husband previously had battered her he confessed and was detained. In the first six months of the year, nine women were killed under such circumstances, but no information became available about whether their cases were investigated.
The Investigative Committee reported investigating 258 cases of domestic violence in the first half of the year, up from 215 in the same period in 2017. Most of the cases were of women abused by a husband or male domestic partner. During the same period, 259 persons were recognized as victims of domestic violence, of which 33 were minors.
NGOs that promoted women’s rights were criticized mostly online for breaking up “Armenian traditional families” and spreading “Western values.”
On July 1, the December 2017 Law on Prevention of Family Violence, Protection of Persons Subjected to Family Violence, and the Restoration of Family Cohesion went into effect. In a March 29 letter to the government, two UN special rapporteurs and a UN working group expressed concerns about the law, including that it is not strong enough to protect those facing domestic violence and that a number of its provisions could contravene the right of women victims of violence to the highest attainable standard of physical and mental health, and could hinder their right to justice and to effective remedies for the harm they had suffered.
According to NGOs, the government lacked resources for the full implementation of the law. Police officers began a training program but did not have adequate training or will to apply the law to perpetrators. There was only one shelter for victims, which did not have the capacity to serve all victims. After the May change in government, NGOs reported the Ministry of Labor and Social Affairs took concrete steps to increase cooperation, such as such as funding a second shelter in one of the regions and allowing NGOs to post information on its website.
Several members of parliament continued to voice disapproval of the law, with Tsarukyan bloc member Gevorg Petrosyan calling it an instrument that could be used by “freedom loving women” to get rid of their husbands and “fulfil their fantasies outside of the family.”
Some female politicians, as well as human rights and environmental activists, were subject to gender-biased posts and discriminatory comments in social media.
Sexual Harassment: Although the law addresses lewd acts and indecent behavior, it does not specifically prohibit sexual harassment. Observers believed sexual harassment of women in the workplace was widespread and was not adequately addressed by the government, which did not have a functioning, all-encompassing labor inspectorate or other avenues to report such harassment.
On February 13, Marina Khachatryan, a Yerevan city council member from the opposition Yerkir Tsirani (Apricot Land) party, brought a glass filled with a sample of sewer water that was leaking from the Nubarashen prison into a residential area to a council session. Khachatryan attempted to present the sewer water to then mayor Taron Margaryan to raise awareness of city residents’ complaints that the sewage was harming their community. At Margaryan’s instigation, however, other male council members and staff assaulted Khachatryan, beating and manhandling her while threatening her and using sexual insults. Members of the then ruling Republican Party of Armenia said the response was justified and did not condemn the violence. Law enforcement bodies opened a criminal investigation.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.
Discrimination: Men and women enjoy equal legal status, but discrimination based on gender was a continuing problem in both the public and private sectors. There were reports of discrimination against women with respect to occupation and employment. Women remained underrepresented in leadership positions in all branches and at all levels of government.
The government took no tangible action on a 2015 World Bank study that examined teaching materials and textbooks of high school classes and found the books gave strong preference to men in all forms of representation, including texts and illustrations, while women were less visible or portrayed in stereotypical way.
According to the World Bank 2016 Armenia Country Gender Assessment, the labor market participation gap between men and women was approximately 17 percent. Despite a significant decline in the difference in earnings between men and women, women still earned on average 36 percent less than men. There were few women leaders in the private sector, including in managerial and entrepreneurial positions.
Gender-biased Sex Selection: According to the National Statistical Service, the boy to girl ratio at birth decreased from 114 to 100 in 2014 to 110 to 100 in 2017. The law requires doctors to question women on their motives for seeking an abortion and refuse those driven by gender selection concerns.
Birth Registration: Children derive citizenship from one or both parents. A centralized system generated a medical certificate of birth to make avoidance of birth registration almost impossible. A low percentage of registered births occurred mainly in Yezidi and Kurdish communities practicing homebirths.
Education: Although education is free and compulsory through grade 12, in practice it was not universal. Children from disadvantaged families and communities lacked access to early learning programs, despite government efforts to raise preschool enrollment. According to National Statistics Service, in 2017 nationwide preschool enrolment for children younger than five was 29 percent, but only 17 percent for children in rural communities. Many remote rural communities, especially those with population less than 400, did not have preschools. Enrollment and attendance rates for children from ethnic minority groups, in particular Yezidis, Kurds, and Molokans, were significantly lower than average, and dropout rates after the ninth grade were higher. UNICEF expressed concern about the integration into the local community of an increasing number of refugee children from Syria, Iraq, and Ukraine because of lack of proper support for addressing cultural and linguistic barriers.
According to the Prison Monitoring Group, in the beginning of the year seven juveniles did not have access to education in the Abovyan Penitentiary while they were detained or serving a prison sentence. By December, however, that number had decreased to two.
Child Abuse: According to UNICEF, the lack of official, unified data on violence against children limited the government’s ability to design adequate national responses and preventive measures. There were no official referral procedures for children who were victims of violence, including sexual violence, and referrals were not mandatory for professionals working with children, except for doctors who are required to report any injury of children to police.
The law outlines the roles and responsibilities of police and social services in the early identification and response to violence against children in the family. Although the law went into effect on July 1, the government continued to lack services for victims of domestic violence including women and children.
Early and Forced Marriage: The legal minimum age for marriage is 18. Early marriage of girls was reportedly more frequent within Yezidi communities, but the government took no measures to document the scale or address the practice.
Sexual Exploitation of Children: The law prohibits the sexual exploitation of children and provides for prison sentences of seven to 15 years for violations. Child pornography is punishable by imprisonment for up to seven years. The minimum age for consensual sex is 16.
The UN special rapporteur on the sale of children, child prostitution, and child pornography noted in a February 2016 report that although official statistics showed relatively few cases of sexual exploitation and sale of children, there were numerous undetected and unreported cases caused by gaps in terms of legislation, training, awareness-raising, detection, and reporting.
Institutionalized Children: According to UNICEF and other observers, institutionalized children were at risk of physical and psychological violence by peers and by staff. According to a February 2017 Human Rights Watch report, government policies on deinstitutionalization and inclusive education did not provide rights and benefits to children with disabilities on an equal basis with other children and were discriminatory.
In December 2017 the family code was amended to allow for more family-based alternatives for institutionalized children, such as diversification of foster care and improved provisions on adoption; the amendments entered into force in the middle of the year, resulting in a quadrupling in state funding for foster care. Transformation of residential institutions for children in difficult life circumstances and those without parental care also continued. With the exception of children with disabilities, the number of institutionalized children continued to decrease.
UNICEF expressed concern about inhuman and degrading treatment of persons with disabilities in institutions, including children with intellectual and/or psychosocial disabilities in specialized institutions, as well as neglect and the use of physical restraints as means of treatment and punishment. There was also concern about the inefficiency and inadequacy of the complaints systems and the lack of monitoring of institutions. There were reports on social media that the government’s closure of boarding schools without the timely establishment of proper alternative social care services and provision of basic necessities jeopardized children’s well-being and access to education.
According to the NGO United Methodist Committee on Relief, deinstitutionalized children in the country were more at risk of being involved in forced begging, forced labor, and trafficking and of being subjected to violence at home. The NGO relayed at least one case where a deinstitutionalized child was forced to beg by his stepfather. The NGO Coalition to Stop Violence against Women reported that, after a child was placed with a host family, the government ceased any real oversight over the child and the family.
In one Yezidi-populated village, parents complained of discrimination by school teachers and a principal toward their children. They also alleged that the school principal and teachers (who were not ethnically part of the Yezidi community) failed to provide children with quality, public education and reportedly used ethnic slurs against the Yezidis.
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 https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.
Observers estimated the country’s Jewish population at between 500 and 1,000 persons. There were no reports of anti-Semitic acts, although after the “velvet revolution” some anti-Semitic comments appeared in social media smearing government representatives and activists. The government did not respond to these slurs.
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 any disability in employment, education, and access to health care and other state services, but discrimination remained a problem. The law and a special government decree require both new buildings and those under renovation, including schools, to be accessible to persons with disabilities. Very few buildings or other facilities were accessible, even if newly constructed or renovated. Many public buildings, including schools and kindergartens, were inaccessible. This inaccessibility also deterred persons with disabilities from voting, since these buildings often served as polling stations during elections. According to the OSCE/ODIHR election observation report on the December 9 snap parliamentary elections, 71 percent of polling stations observed were not accessible to persons with physical disabilities or reduced mobility.
Although the law on general education provides for a transition from general education to inclusive education for children with disabilities by 2025, and despite the increasing trend towards inclusive education, many children with disabilities remained in segregated educational settings and did not have access to inclusive education. Many NGOs reported schools lacked physical accessibility and accessible learning materials and made limited effort to provide reasonable accommodations for children with disabilities in mainstream schools. In addition, teachers did not receive adequate training on inclusive education.
The Ministry of Labor and Social Affairs is responsible for protecting the rights of persons with disabilities but prior to May failed to carry out this mandate effectively. For example, in September 2017, the government approved a decision to issue vouchers to persons with disabilities to purchase hearing aids and wheelchairs, instead of providing the actual devices. There were reports, however, the vouchers failed to cover the market price of hearing aids and wheelchairs, resulting in financial strain on the persons who needed them.
Persons with all types of disabilities experienced discrimination in every sphere, including access to health care, social and psychological rehabilitation, education, transportation, communication, employment, social protection, cultural events, and use of the internet. Lack of access to information and communications was a particularly significant problem for persons with sensory disabilities. Women with disabilities faced further discrimination, including in social acceptance and access to health and reproductive care, employment, and education, due to their gender.
Hospitals, residential care, and other facilities for persons with more significant disabilities remained substandard.
Disability status determines eligibility for various social benefits. Media reports alleged corruption and arbitrary rulings on the part of the Medical-Social Expertise Commission, a governmental body under the Ministry of Labor and Social Affairs that determines a person’s disability status. In 2016, the National Security Service arrested and charged the head of the commission, Armen Soghoyan, and 16 other officials with soliciting bribes. The trial of the case was ongoing as of year’s end.
By the year’s end, the Investigative Committee opened 92 criminal cases for corrupt practices in the social security (including disability pensions) provision offices. The committee brought charges against 50 persons.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
Antidiscrimination laws do not extend protections to LGBTI persons on the basis of sexual orientation or gender identity. There were no hate crime laws or other criminal judicial mechanisms to aid in the prosecution of crimes against members of the LGBTI community. Societal discrimination based on sexual orientation and gender identity negatively affected all aspects of life, including employment, housing, family relations, and access to education and health care. Transgender persons were especially vulnerable to physical and psychological abuse and harassment.
During the year the NGO Public Information and Need of Knowledge (PINK Armenia) documented 15 cases of alleged human rights violations against LGBTI persons, but only four victims sought help from the ombudsperson’s office and none from law enforcement bodies. Three cases were sent to court; the fourth one was dropped because the perpetrator committed suicide.
On August 14, police arrested a suspect after several transgender individuals called to report being attacked at a public park. The same day, police released a video of the transgender persons trying to attack the suspect, who was under arrest at the police station, with the narrator indicating that the attackers were guilty of violence against the police. The video included the names and photos of the transgender individuals. Police arrested the two transgender persons in the video. According to the arrestees’ statements, six police officers beat them and held them in handcuffs over a 72-hour period they spent at the police station. Police later released one of the transgender persons. On August 16, the second transgender person was taken to Nubarashen Prison. The prison administration subsequently sent a letter to the prosecutor general’s office stating that, upon admission to prison, the detainee had signs of physical abuse on his body. The detainee was charged with hooliganism (punishable by up to seven years in prison) and violence against authorities (punishable by up to five years in prison). According to SIS, it had launched a criminal case on charges of torture against the police officers who had allegedly beaten the transgender person. The investigation was ongoing at year’s end.
On August 3, while an LGBTI activist was hosting eight friends in his parents’ house in Shurnukh village, a mob of approximately 30 persons attacked them and chased them out of the village, hitting, kicking, and throwing stones at them while yelling insults. Six of the activists were taken to the hospital. The victims reported the attack to police, who opened a criminal case on charges of beating. In December the police dropped the case based on the November Amnesty, although nobody had been charged within the case, although according to PINK Armenia, the names of the perpetrators, allegedly most of the village residents, were known.
On November 6, the European Forum of LGBT Christian Groups and New Generation NGO announced the cancellation of the Forum of LGBT Christians of Eastern Europe and Central Asia to take place in Yerevan November 15-18. The Forum would have brought participants together for networking, discussions, and prayer. After news leaked about the forum, local and Russia-connected bloggers seized on the information to provoke anti-LGBTI sentiment and issue threats of violence and death against the LGBTI community and forum participants. Police officials met with New Generation to discuss security risks facing the organizers and participants. New Generation subsequently cancelled the forum issuing a statement that read in part, “We are deeply distressed and disappointed that political violence, death threats, and vandalism directed at LGBTI people are constituting a genuine threat to the safety of our participants.”
Several international organizations, the Human Rights Defenders Office, and a number of civil society organizations issued statements condemning the violence at Shurnukh. Many more social media posts, however, defended the villagers with messages attacking LGBTI and other minorities. In one Facebook post, Prosperous Armenia parliamentarian Gevorg Petrosyan wrote, “all gays, sectarians, and their defenders should be eradicated from our holy land.”
Openly gay men are exempt from military service. An exemption, however, requires a medical finding based on a psychological examination indicating an individual has a mental disorder; this information appears in the individual’s personal identification documents and is an obstacle to employment and obtaining a driver’s license. Gay men who served in the army reportedly faced physical and psychological abuse as well as blackmail.
HIV and AIDS Social Stigma
According to human rights groups, persons regarded as vulnerable to HIV/AIDS, such as sex workers (including transgender sex workers) and drug users, faced discrimination and violence from society as well as mistreatment by police. According to a June UN Human Rights Council report by the rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, stigma and discrimination in health-care settings were major barriers to accessing treatment and services for people living with HIV/AIDS.
Section 7. Worker Rights
d. Discrimination with Respect to Employment and Occupation
The constitution prohibits discrimination based on sex, race, skin color, ethnic or social origin, genetic features, language, religion, political opinion, belonging to a national minority, property status, birth, disability, age, or other personal or social circumstances. Other laws and regulations specifically prohibit discrimination in employment and occupation based on gender. The government did not effectively enforce the law. There were no effective legal mechanisms to implement these regulations, and discrimination in employment and occupation occurred based on gender, age, presence of a disability, sexual orientation, HIV/AIDS status, and religion, although there were no official or other statistics to account to the scale of such discrimination. Administrative penalties were not sufficient to deter violations.
Women generally did not enjoy the same professional opportunities or wages as men, and employers often relegated them to more menial or low-paying jobs. While providing for the “legal equality” of all parties in a workplace relationship, the labor code does not explicitly require equal pay for equal work. According to World Bank data released in 2016, more than one-half of women with intermediary education and one-third of women with advanced education did not participate in paid work. According to the 2017 World Bank study, Leveling the STEM Playing Field for Women, “cultural stereotypes about the work women should engage in and their responsibilities at home present the strongest barrier to equality between women and men” in the country. Women also represented a larger share of the registered unemployed, and it took them a longer time to find work. According to a gender gap study by the UN Population Fund, Diagnostic Study of Discrimination against Women, released in 2016, the gap between average salaries of men and women in all economic spheres was almost 36 percent.
Many employers reportedly practiced age and gender discrimination, most commonly requiring job applicants to be of a specific gender, age, and appearance. Such discrimination appeared to be widespread, but there were no reliable surveys, and authorities did not take any action to mitigate it. Vacancy announcements specifying young and attractive women for various jobs were common. Unemployed workers, particularly women, who were older than 40 had little chance of finding jobs appropriate to their education or skills. LGBTI persons, persons with disabilities, as well as pregnant women also faced discrimination in employment. Religious minorities faced discrimination in public employment.